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HomeMy WebLinkAbout2009-02-23 Regular Meeting and Workshop for the City of La Porte Council ~..-, B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 9. 2009 Aoorooriation Requested By: Ron Bottoms Source of Funds: Department: City Manal!er's Office Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinances Amount Requested: Exhibits: Industrial District Al!reements Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period. The current agreements will expire on December 31, 2007, the common date for the Battleground and Bayport Industrial Districts. The City mailed 118 Industrial District Agreements on November 1,2007. On December 3, 2007 the City Council approved the first 50 contract and on December 17, 2007 the second 49 contracts. To date the City has now executed 110 contracts. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: . Ordinance No. 2007-IDA-lll . Ordinance No. 2007-IDA-112 . Ordinance No. 2007-IDA-I13 Two Zero One M Texas Isaac Heller Two Eighteen-M- Texas Action Required bv Council: Consider approval of the ordinances 2007-IDA-lll, 2007-IDA-112 and 2007-IDA-I13 authorizing the execution by t 1 of La Porte of Industrial District Agreements listed above. 3/d? Date c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 3. 2009 Annronriation Requested By: Ron Bottoms, City Manager Source of Funds: nla Department: Administrlltion Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution 2009- Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION This resolution will support the change, if passed by legislation, which would allow more flexibility to the use of Hotel/Motel monies. Ron Bottoms, City Manager ~;{ kr Date ' RESOLUTION 2009-.Q.f., A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, SUPPORTING THE INTRODUCTION AND PASSAGE OF LEGISLATION AMENDING THE TEXAS TAX CODE TO PERMIT LA PORTE AND OTHER CITIES IN TEXAS TO UTILIZE HOTEL/MOTEL TAX REVENUES FOR THE IMPROVEMENT OF EXISTING RECREATION FACILITIES. WHEREAS, the City of La Porte, Texas, is a home-rule city located in east Harris County, and WHEREAS, the City of La Porte, Texas has made significant commitments to the betterment of the quality of life for all of its citizens, and WHEREAS, the City of La Porte, Texas, has committed to exploring all possible avenues to accomplishing its goals including applying for and receiving grants from the State and Harris County, issuing debt and allocating funds from the general fund, and WHEREAS, the City of La Porte, Texas, also collects a local hotel/motel occupancy tax. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1: The City Council of the City of La Porte, Texas, supports the creation, introduction and passage oflegislation that will amend the Section 351.101 (a) (7) (B), Chapter 351 of the Texas Tax Code to allow the City of La Porte to collect hotel/motel occupancy taxes to promote tourism by the enhancement and upgrading of existing sports facilities or fields, including facilities or fields for baseball, softball, soccer and flag football. Section 2. The City Council of the City of La Porte, Texas supports an amendment that adds section 351.101 (a) (7) (B) (iv) to the Tax Code to include cities with a population of at least 13,000 and no more than 40,000 located in a County with a population at least 200,000. PASSED AND APPROVED on this the 9th day of March, 2009. Mayor, City of La Porte ATTEST: 0rI~~/dI Martha Gillett, City Secretary D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 03-09-09 '"";(.. f\ ~ Budget Requested By: Ken Adem- Source of Funds: Department: p()lic~ Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Speed and Intersection Traffic Control STEP Resolution Amount Requested: Exhibits: Bndgeted Item: YES NO Exhibits: 5 Year Cost Assumption Plan Exhibits SUMMARY & RECOMMENDATION The La Porte Police Department is applying for a third year TXDOT STEP grant for overtime reimbursement for Speed and Intersection Control. This grant, if awarded, will result in maximum reimbursement award of $58,767.74. As indicated last year, due to the success of our previous and current grant we have been advised that we may be eligible for a fourth year and possible a fifth year grant. The attached 5 Year Cost Assumption Plan indicates that a higher level of match will be required for years four and five if we choose to apply for the grant and receive the award. A 5 Year Cost Assumption plan is required each year as part ofthe grant request submittal process. As in previous years, we are able to meet our match requirement through our employee benefits, mileage, fuel, etc., as the grant only pays base salary. ~/1 ~., Date ~CJJ1. O~ RESOLUTION * * * * WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families; and WHEREAS, the community's health care system and emergency response resources are significantly impacted by injuries of traffic crashes; and 'WHEREAS, research shows that speed is a causative factor in many traffic crashes; and WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many traffic crashes; and WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in economic savings to society; WHEREAS, the Speed/Intersection Traffic Control STEP includes public education and intensified law enforcement to get the community to comply with speed limits and traffic control devices, signs and signals; NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all documents for the Speed/ITe STEP Grant for October 1, 2009 through September 30, 2010; joining public and private sector leaders across Texas supporting the campaign; urging all residents and visitors of La Porte to abide by traffic laws, to protect life and the quality of life in this community. Signed by: Lfflarffi- r!i:fI Authorized 0 ficial ATTEST: ~aAd1L~ ~ City Secl'etmy 0 . / eGrants Page 1 of2 Proposal/Grant: 201O-LaPorte- $-SYG-0042 Status: Prapasalln Progress User: Red Dalfis Role: SUOgrantee Mmlnlstratc-r logout ;',s P,I![!O,;C,Il~Ct(;,,; I ','I The information has been saved. Created By: Davis, Rod on 2/18/2009 12:54:36 PM last Modified By: Davis, Rod on 2/19/2009 2:33:54 PM Go to Related Paoes COST ASSUMPTION PLAN n Not Applicable (Click here ONLY If this is a New Project or Yrl/Yr2 of the Multi-Year Project) Complete the information on this page In the third year of the Multi-Year proposal or for the second or subsequent years of a Single-Year project. All proposals for a second or subsequent year of funding or multi-year projects must Include a CAP, demonstrating how the project will have an increasing share of costs by the proposing organIzation and how the project will be funded after TxDOT funding ends. Insert the appropriate federal fiscal year, starting with the first year of grant funding and for each year during the anticipated term of the project. Include an actual dollar amount of planned expenditures by fund source (TxDOT, Other/State/Local, Other Contributions). For project year(s) already completed, Include actual expendItures, If available. Other Contributions: The purpose of this section Is for the subgrantee to show support and commitment to the success of the project that Is not otherwise recorded In the Approved Project Budget. Items not In the Approved Project Budget cannot be claimed as matching funds. If there are routine project-related costs being borne by the subgrantee, but which are not listed as match In the Approved Project Budget, space Is provIded so that such contrlbutlons can be recorded. These contributions could Include Items such as; part- or full-time employees working on the project, but not paid with project funds; volunteer services; travel performed that Is project related, but not reimbursable under the grant; vehicles used In support of the project, but mileage Is paid by the subgrantee and not claimed under the grant; fringe; etc. ~ IxI20I .Millh Program Income** Non-Budaeted Fiscal Year Contributions $ 0/0* $ 0/0* $ % $ % 1. 12008; 1 ~42,218.00i 74.67% b~i,R4..78t 25.33% L $01 0.00% I ~oj 0.00% ,--~ 2. 12009] L~~2,!gL3?1 80.86% 1 $16,497.81f 19.14% I $01 0.00% I $01 0.00% 3. 12..Q.~Qj 1$58,767.741 80.63% J $14,116.011 19.37% L--~ 0.00% L____~gJ 0.00% 4. L2..Qll! 1$62,000.001 64.94% 1$33,472.741 35.06% I ---~Q] 0.00% I $0) 0.00% 5. 12012! ~LOOO.~ 50.00% 1$62,000.001 50.000/; I $01 0.00% I $0: 0.00% * Percent of total Grant Budg et ** Any projected Program Income must be approved In advance by TxDOT Other/State/Local (Match): Briefly explain In a narrative the Subgrantee's intention to assume an Increasing share of project costs. The narrative should include an explanation of what source(s) the Subgrantee will use to provide the matching funds (cash, indirect, In-kind, etc.). It Is our Intention to assume an Increasing share of program costs. Frlnge match today Is FICA 7.6%, TMRS 14.71%, W.Comp 1.71%; this will Increase through pay Increases. We are also using vehicle operatIonal costs as match. 't~ i - I .'---~-- ~ 223 of 2000 If project will run beyond year 5, indicate years, amounts, and percentages below (years beyond 5 requIre a Mln match of 50%) I~ ~'.'.".' ,~ , J ~ ~f~ https://www.dot.state.tx.us/apps/egrants/ObjectPage.aspx?omnID= 143 95&pgeID=25 65&0... 2/19/2009 eGrants Page 2 of 2 o of 500 Indicate when all project costs will be assumed L RELATED PAGES F ~.ml Frtnae Benefits - 1Q~..2QQ Traver and Per DIem' Non-F.n{or~ent Travel.... 300 n:~vel and Per DIem: STEP Enforcement Mlleaa!:.=-JM t !;auloment. 4QQ I ~!;iQQ r CQ!Jilltc;t)Jal Services - 9..Q.Q. r mher Nlscellaneou~ l--1~tt..:...e..QQ ~ Budaet Summary L ~/llptlon Plan II SAVE I l';oJ>nrl: I li;V~~WJ!o~:1 HA.oJ).jRO,"rfi,..,j 122546 F')o(.-.;,rt.dl7tlrt-tL"'Gn:.~ 1) COJ:"ir'.g:d 2O'X"2C'J7 A;p;!.;, SW.~-a:~, It;t. https://www.dot.state.tx.us/apps/egrants/ObiectPage.aspx?omnID= 143 9 5&pgeID=2565&o... 2/19/2009 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 03-09-09 Requested By: Kenith Adcox :x.-^~ Appropriation Source of Funds: Department: PgIice- Account Numbel': Report: Resolution: Ordinance: xxx Amount Budgeted: Copy of Inter Local Agl'eement Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The Police Department has received an award to increase our award from HIDT A in the amount of eleven thousand three hundred forty dollars ($11,340.00) for funding lease vehicles for personnel assigned to this group. Harris County currently has a contract with Enterprise Leasing Company of Houston for the lease vehicles which is utilized by other task force personnel. The City may utilize this contract under an Interlocal Agreement with Harris County. Action Reauired bv Council: We request the Council to approve an Ordinance authorizing mayor to execute an InterJocal Agreement allowing the City to utilize the contract Harris County has obtained for leased vehicles with Enterprise Leasing Company. >#~, Date ORDntAllCB BO. 2009 - .314 AB ORDIBABCB APPROVIBG ARD AU'l'BOllIZntG All DlTBRLOCAL AGUBJlBNT BBTWBBB TKB CITY OP LA PORTB ARD HARRIS COUNTY, POR THB UTILIZATIOB BY THB CITY OP LA PORTB OP TURBB KOTOR VBSICLBS LBASBD BY BARRIS COUNTY, PURSUANT TO GRABT AWARD o:r $11,340.00, XU:ntG VARIOUS l!'DmntGS AND PROVISIOBS RBLATntG TO TBB SUBJBCT, :rDmntG COKPLJ:ABCB WITH TBB OPBlf KBBTDfGS LAW, ARD PROVIDDfG All BPPBCTJ:VB DATB DUOP. 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, a copy of which is on file in the office of the City Secretary. 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 I this ~ay of ~4J.JJ-- I 2009. CITY OF LA PORTE By: ~~~ ?A yor ATTEST: ~{f.v4~ Martha A. Gillett City Secretary APPROVED: ~T~ Clark T. Askins Assistant City Attorney 2 March 16, 2009 Commissioners Court Harris County, Texas RE: Interlocal Agreement Members of Commissioners Court: Please approve the attached Order authorizing the County Judge to execute the attached Interlocal Agreement between Harris County and the City of La Porte for leased vehicle services, Job No. 08/0259. ~....-. Sincerely, Vote of the Court: Judge Emmett Comm. Lee Comm. Gareis Comm. Radack Comm. Eversole No Abstain Ji(~ ing Agen~~ ~CH/rjb Attachments Presented to Commissioner's Court cc: Auditor's Office City of La Porte MAl< 2 4 2009 APPROVE L / t:- Recorded Vol_ Page FOR INCLUSION ON COMMISSIONERS COURT AGENDA MARCH 24, 2009 1001 Preston, Suite 670, Houston, TX 77002 Tel 713-755-5036 Fax 713-755-6695 INTERLOCAL AGREEMENT FOR LEASED VEIDCLE SERVICES This Agreement is made on this _ day of , 2009 between the City of La Porte, Texas, and Harris County, Texas, a body corporate and politic under the laws of the State of Texas. WITNESSETH Whereas, Harris County and the City of La Porte are authorized to enter into an agreement to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services pursuant to and under the provisions of Tex. Gov't Code Ann. S791.00l et seq (Vernon 1994 & Supp. 2003), also known as "The Interlocal Cooperation Act"; and Whereas, in reliance on such Act, Harris County and the City of La Porte desire to permit the u:se of leased vehicle services, Now therefore, the parties hereto, mutually agree to the following: 1. - The City of La Porte hereby designates it's Police Department to act under the direction and on behalf of the City of La Porte for leased vehicle services pursuant to Harris County's Agreement with Enterprise Leasing Company of Houston, as primary contractor, which was let in accordance with Chapter 262 of the Texas Local Government Code and all other applicable laws and which agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. II. The City of La Porte, by execution of this Agreement, agrees to directly pay Enterprise Leasing Company of Houston upon receipt of goods and/or completion of work specified for the City of La Porte for leased vehicle services, according to the description contained herein, and after receipt of a proper invoice, therefore an amount based upon the unit pricing detailed in Exhibit "A". The City of La Porte agrees to comply with the terms and conditions of said Purchasing Agreement. Neither Harris County nor the City of La Porte shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other entity. The City of La Porte's payment required by this contract shall be made from current, available revenues, as approved by the City of La Porte's City Council. Furthermore, both parties agree that no payment has been, or will be made to Harris County for any services or functions required to be performed under this Agreement. In obtaining the services of Enterprise Leasing Company of Houston, the City of La Porte has relied solely on its own inspections, investigations, and due diligence regarding the services and the City of La Porte acknowledges that Harris County has made no representations or warranties expressed or implied with respect to the services to be rendered. The City of La Porte agrees, at its sole cost and expense, to independently administer the Purchasing Agreement and to pay Enterprise Leasing Company of Houston directly, paying for such goods and services from current revenues, in accordance with the terms and conditions of the Purchasing Agreement. . County reserves the right to terminate the Interlocal Agreement prior to its expiration date under the terms and conditions of the Purchasing Agreement. III. This agreement shall take effect upon execution by the signatories and shall serve as each governmental body's commitment pertaining to the City of La Porte's purchase of the goods and services referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. IV. This Agreement shall be in effect from and after the ~ day of 1J(gAf .1L 2009, the date of execution by the City of La Porte. IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year specified in Article IV. - City of La Porte HARRIS COUNTY W E ~/C'.;-- Ed Emmett, Harris County Judge A ITEST: APPROVED AS TO FORM: VINCE RYAN, County Attorney ~ Yi~/f:. Portia Poindexter, Assistant County Attorney 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 ttAR 2 4 2009 , 2009 with the following members present, to-wit: Ed Emmett El Franco Lee Sylvia Garcia Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No.2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 the following members absent, to-wit: ~ ./ quorum, when among other business, the following was transacted: , constituting a ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE, TEXAS - Commissioner introduced an order and made a motion that the same De adopted. Commissioner seconded the motion for adoption ofthe order. The motion, carrying with it the adoption ofthe order, \ prevailed by the following vote: Vote of the Court Yes No Abstain Judge Emmett ,J:Y' 0 0 Comm. Lee ~ 0 0 Comm. Garcia JJ...-" 0 0 Comm. Radack ~. 0 0 Comm. Eversole ~ 0 0 The County Judge thereupon announced that the motion had duIy and lawfully carried and that the order had been duIy and law-fully adopted. The order thus adopted follows: IT IS ORDERED THAT County Judge Ed Emmett be, and he is hereby, authorized to execute an InterIocaI Agreement between Harris County and the City of La Porte to permit the City of La Porte to utilize services of leased vehicles and directly pay Enterprise Leasing Company of Houston for the leased vehicles under Purchasing Job No. 08/0259, said InterIocal Agreement being incorporated herein as though fully set forth herein word for word. Presented to Commissioner's Court - MAR 2 4 2009 APPROVE Recorded VoL_......... Page EXHmIT "A" TERM CONTRACT FOR LEASED VEmCLES AND RELATED ITEMS FOR HARRIS COUNTY - -- ,- -J ('LIlt. e__ JACK R. MCCOWN, C.P.M. IlARRIs COUNTY PuRCHASING AGENT , July 14, 2008 Commissioners Court Harris County, Texas RE: Job No. 08/0259, Term Contract for Leased Vehicles and Related Items for Harris County Members of Commissioners Court: On June 9, 2008, three (3) bids were received for the above referenced job and referred to the Office of the Purchasing Agent for tabulation and review. On July 8, 2008, Commissioners Court referred the award recommendation, which was to Enterprise Leasing Company, to the County Attorney's Office for reconsideration due to tax and toll road payment issues. In that the re-evaluation of the bids confirmed that the apparent low bidder, Enterprise, bad satisfIed all Harris Call1lty property tax indebtedness after the bid opening due date, and, in that award to Enterprise would save Harris County $171,639.00, or 15%, compared to the next low bid meeting specifIcations, the Office of the Purchasing Agent recommends that the Court grant a waiver of technicality and award the contract to Enterprise Leasing Company of Houston, the low bidder, in the amount of $973,160.00. The annual term contract shall begin on September 1, 2008. However, in that the County Attorney's Office has indicated that Enterprise may be indebted to Harris County for past due tolls, penalties, attorney's fees, etc., in an amount of up to $2 million, Commissioners Court may wish to consider awarding referenced job to the next low bidder, Capps Rent-a-Car, at $1,144,799, which is not currently indebted to Harris County. ~Wrb Attachment: Spreadsheet . sioner's Court y . JUL 2 2 2008 ;APPROVE e::. / /L. ~rded VoL-' Page ::::) R"=-~M_ltvD4-r;OV 0;= FOR INCLUSION ON COMMISSIONERS COURT AGENDA JULY 22, 2008 p L1 fU-.J..,. ~~.&.7r _ II- 1v1.H~.J) "'-0 u..t,c R..P~; S"~ (]I). 1001 P1u:sToN, SUITE 670, HOUSTON, TExAs 77002, TEL (718) 755-5036. FAX (713) 755-6695 "6tJ cc: All bidders wlo attachment Harris County Sheriff s Office '- -r-"'" ..... HARRIS COUNTY BID COVER SHEET Job No. 08/0259 Date Due: June 9. 2008 DUE NO LATER THAN 2:00 P.M. LOCAL TIME IN HOUSTON, TEXAS Bids received later than the date and time above will not be considered. BID FOR: Term Contract for Leased Vehicles and Related Items for Harris County (For one year beginning approximately September 1, 2008.) OFFERORS NOTE!! Carefully read all instructions, requirements and specifications. Fill out aU forms properly and completely. Submit your bid with aU appropriate supplements and/or samples. Please return bid in an appropriately sized envelope or box. PACKAGE MUST SHOW THE JOB NUMBER, DESCRIPTION AND BE MARKED "SEALED BID". Designated bids may be submitted electronically. M ~ For additional information, contact: Damon Harris at (713) 755-5384 ~ You must sign below in INK; failure to sign WILL disqualify the offer. All prices must be typewritten or written in ,-,k. RETURN BID TO: HARRIS COUNTY PURCHASING AGENT 1001 PRESTON AVENUE, SUITE 670 HOUSTON, TEXAS 77002 RECEIVED JUN 0 9 Z006 . .,Rd. to Pur. ~ ~ Total Amount of Bid: $ I .~ Company Name: Enterprise Leasing Company of Houston ~ ~ Company Address: 10401 Centrepark Drive. $973.160.00 City, State, Zip Code: Houston. TX 77043 Taxpayer Identification Number (f.I.N.): 74-1744231 Telephone No.: 713-465-7800 ext 203 FAX No.: 800-346-0750 e-mail: ~arv.d.headrick@erac.com 1,. 7 -- 08 - (). I (.-cJ< ..-,\ / t::'?.. 4- v ) >.) r} ~ 01...J (' . .? 'J IY. I , ....( -? . ~u, I .' ( '-- ..-' Do you carry Health Insurance on your employees? L.. Y es _ No If yes, what is the percentage of employees insured? 100% Signature: ACCEPTED BY: - -::Wrjb ,iise<J 05107 Date: / ~. 3 Page 1 of ~ '-" ~_..__.. TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion -f the pa<:kage is missing, notify the Purchasing Department immediately. It is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. ~x~ I. Cover Sheet Your company name, address, the total amount of the bid/proposal, and your signature (IN INK) should appear on this page. J_ 2. _X_ 3. _x_ 4. ._X.,," 5. _X_ 6. ~ N _X_ 7. ~ N L t,I i C' ~ 0) .- vised 03104 Table of Contents . This page is the Table of Contents. General Requirements You should be familiar with all of the General Requirements. Special Requirements/Instructions This section provides information you must know in order to make an offer properly. Specifications This section contains the detailed description of the product/service sought by the County. PricinglDelivery Information This form is used to solicit exact pricing of goods/services and delivery costs. Attachments _X_ a. - g. -J. -_.~_. Residence CertificationlI'ax Fonn Be sure to complete this form and return with packet b. Bid Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. All public work contracts over $25,000 require a Payment Bond and over $100,000 'must also have a Performance Bond, in a form approved by the County. Please read carefully and fill out completely. c. Bid Check Return Authorization Fonn This form applies only to certain bids/proposals. Please read carefully and fill out completely. d. Vehicle Delivery Instructions Included only when purchasing vehicles. e. Minimum Insurance Requirements Included when applicable (does not supersede "Hold Harmless" section of General Requirements). f. Worker's Compensation Insura.nce Coverage Rule 110.110 This requirement is applicable for a building or construction contract. F'mancial Statement When this information is required, you must use this form. h. Reference Sheet When this information is required, you must use this sheet i. HlPAA Requirements Other From time to time other attachments may be included. Page 2 of Jt I) GRNRRAL RROVTRRMRNTS FOR Bm~ READ THIS ENTIRE DOCUMENT CAREFULL Y. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM. General Requirements apply to all advertised bids; however, these may be superseded, whole or in part, by the SPECIAL REQUIREMENTSIINSTRUCfIONS OR OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your bid package is complete. ACCESS TO RECORDS In special circumstances, vendor may be required to allow duly authorized representatives of Harris County, the Harris County Hospital District or the state and federal government access to contracts, books, documents, and records necessary to verify the nature and extent of the cost of services provided by vendor. ADDENDA When specifications are revised, the Harris County Purchasing Department will issue an addendum addressing the nature of the change. Offerors must sign and include it in the returned bid package. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Harris County Commissioners Court. ~, N 0'1 N I ,- AWARD Harris County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity. to make awards to more than one offeror, to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not awarded a contract. the offeror may appear before the Commissioners Court, Hospital District Board of Managers, the Juvenile Board or other applicable governing body and present evidence concerning his responsibility after officially notifying the Office of the Purchasing Agent of his intent to appear. I.; I 0' ~ ~ BID FORM COMPLETION Fill out and return to the Harris County Purchasing Department ONE (I) complete bid form in an appropriately sized envelope or box. PACKAGE MUST SHOW THE JOB NUMBER, DESCRIPTION AND BE MARKED "SEALED BID." An authorized representative of the offeror should sign the Bid Cover Sheet. The contract will be binding only when signed by Harris County, funds are certified by the County Auditor and or the Hospital District, as applicable, and a Purchase Order issued. BID RETURNS Offerors must return all completed bids to the Harris County Purchasing Department reception desk at 1001 Preston Avenue, Suite 670, Houston, Texas before 2:00 P.M. LOCAL TIME IN HOUSTON, TEXAS on the date specified. Late bids will not be accepted. Electronic bids requiring documentation, samples, etc. which cannot be uploaded must be received in the Purchasing by the due date and time. Signatures requiring confirmation will be confirmed by the Purchasing Office. BONDS If this bid requires submission of bid guarantee and performance bond, there will be a separate page explaining those requirements. Bids submitted without the required bid bond or cashier's checks are not acceptable. Revised 05107 _.-~-_. Page 3 of 16 IS- \J3 N Oi N .t- \ c., I 0' .; 0) CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies by execution of this Contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, "Debannent and Suspension." The Contractor further agrees to include this certification in all contracts between itself and any subcontractors in connection with the services performed under this Contract. Contractor also certifies that contractor will notify Harris County in writing immediately jf contractor is not in compliance with Executive Order 12549 during the tenn of this contract. Contractor agrees to refun<I Harris County for any payments made to the contractor while ineligible. COLOR SELECTION Detennination of colors of materials is a right reserved by the using department unless otherwise specified in the bid. Unspecified colors shall be quoted as standard colors, NOT colors which require up charges or special handling. Unspecified fabrics or vinyls should be construed as medium grade. If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept the items and demand correct shipment without penalty, subject to other legal remedies. CONTRACI' OBLIGATION Harris County Commissioners Court must award the contract and the County Judge or other person authorized by the Hanis County Commissioners Court must sign the contract before it becomes binding on Harris County or the offerors. Department heads are NOT authorized to sign agreements for Harris County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Harris County and the offeror. Any price escalations are limited to those stated by the offeror in the original bid. DIGITAL FORMAT If offeror obtained the bid specifications in digital fonnat in order to prepare a response, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, offeror makes any changes whatsoever to the County's published bid specifications, the County's bid specifications as published shall control. Furthennore, if an alteration of any kind to the County's published bid specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Harris County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code ~ 15.0 I, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services. E-MAIL ADDRESSES CONSENT Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to Harris County, the Harris County Flood Control District, the Harris County Hospital District including its HMO, the Harris County Appraisal District, or any agency of Harris County. This consent is intended to comply with the requirements of the Texas Public Information Act, Tex. Gov't Code Ann. ~522.137, as amended, and shall survive tennination of this agreement. This consent shall apply to e-mail addresses provided by Vendor, its employees, officers, and agents acting on Vendor's behalf and shall apply to any e-mail address provided in any fonn for any reason whether related to this bid/proposal or otherwise. Revised 05/07 __._.--y-_u..___.._ _ __ ___.__ Page 4 of J,8' If fIw N 0' N L- o r ~ .~ ~ .- EVALUATION Evaluation shall be used as a determinant as to which bid items or services are the most efficient and/or most economical for the County. It shall be based on all factors which have a bearing on price and performance of the items in the user environment. All bids are subject to tabulation by the Harris County Purchasing Department and recommendation to the appropriate governing body. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. Pricing is NOT the only criteria Cor making a recomme~dation. The Harris County Purchasing Department reserves the right to contact any offeror, at any time, to clarify, verify or request information with regard to any bid. FISCAL FUNDING A multi-year lease or lease/purchase arrangement (if requested by the Special RequirementslInstructions), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the offeror from the using department without penalty of any kind or form to Harris County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the offeror. GOVERNING FORMS In the event of any conflict between the terms and provIsions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Harris County's interpretation shall govern. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, ~262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Harris County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. GRANT FUNDING Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant funding and the vendor/provider understands that the County has not set aside any County funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate any further services under the contract and the contract shall be null and void. HIPAA COMPLIANCE Offeror agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, and the Texas Medical Records Privacy Act, Texas Health and Safety Code Chapter 181. as amended, collectively referred to as "HIPAA", to the extent that the Offeror uses, discloses or has access to protected health information as defined by HIPAA. Offeror may be required to enter a Business Associate Agreement pursuant to HlPAA. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Harris County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including. as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work perfonned under terms of this bid. Certification of such coverage must be provided to the County upon request. Revised 05107 Page 5 of ~ II' ----....--......-- ----r---.-.-- --- .---.- .... -.- INSPECTIONS & TESTING Harris County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate. INVOICES AND PAYMENTS Offerors shall submit an original invoice on each purchase order or purchase release after each ddivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the offeror for correction. Under term contracts, when multiple deliveries and/or services are required, the offeror may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Harris County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. MAINTENANCE Maintenance required for equipment bid should be available in Harris County by a manufacturer-authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Harris County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly. I>> N 0' N .1- ~ I 0' I1\l =. MATERIAL SAFETY DATA SHEETS Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", an offeror must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the offeror to furnish this documentation will be cause to reject any bid applying thereto. NAME BRANDS Specifications may reference name brands and model numbers. It is not the intent of Harris County to restrict these bids in such cases, but to establish a desired quality level of metchandise or to meet a pre-established standard due to like existing items. Offerors may offer items of equal stature and the burden of proof of such stature rests with offerors. Harris County shall act as sole judge in determining equality and acceptability of products offered. NEW MILLENIUM COMPLIANCE All products and/or services furnished as part of this contract must be compliant for the present year and forward. This applies to all computers including hardware and software as well as all other commodities with date sensitive embedded chips. POTENTIAL CONFLICTS OF INTEREST An outside consultant or contractor is prohibited from submitting a bid for services on a Harris County project of which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint venturer or was in any other manner associated by ownership to any party that was a designer or other previous contributor. If such a consultant or contractor submits a prohibited bid, that bid shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Harris County. Potential bidders are advised that they may have disclosure requirements pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts valued in excess of $250 given to any County Official or the County Official's family member, or employment of any County Official or the County Official's family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Harris County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Revised 05/07 --- Page60f ~ __._.~.H C' N " N i ,...- tJ ~ ri .~ PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. PURCHASE ORDER AND DELIVERY The successful offeror shall not deliver products or provide services without a Harris County Purchase Order, signed by an authorized agent of the Harris County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the offeror in the proper place on the PricinglDelivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all pr.ovisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Hams County without prejudice to other remedies provided by law. Where delivery times are critical, Harris County reserves the right to award accordingly. RECYCLED MATERIALS Harris County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Harris County will be the sole judge in determining product preference application. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best conunercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. SUPPLEMENTAL MATERIALS Offerors are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets. specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the offeror wishes to include as a condition of the bid, must also be in the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid. Revised 05tCJ7 -- Page 7 of vt: I{ TAXES Harris County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Harris County claims exemption from all sales and/or use taxes under Texas Tax Code ~ 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Harris County Purchasing Agent. TERM CONTRACTS If the contract is intended to cover a specific time period. the term will be given in the specifications 'under SCOPE. TERMINATION Harris County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Harris County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Harris County's satisfaction and/or to meet all other obligations and requirements. Harris County may terminate the contract without cause upon thirty (30) days written notice. Termination for Health and Safety Violations. Harris County has the option to terminate this contract immediately without prior notice if offeror fails to perform any of its obligations in this contract if the failure (a) created a potential threat to health or safety or (b) violated a law, ordinance, or regulation designed to protect health or safety. c ~, C' N L TITLE TRANSFER Title and Risk of Loss of goods shall not pass to Harris County until Harris County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using department for instructions. The place of delivery shall be shown under the "Special RequirementslInstructions" section of this bid package and/or on the Purchase Order as a "Deliver To:" address. .1,,1 ~ " ~ WAIVER OF SUBROGATION Offeror and offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against Harris County as an indirect party to any suit arising out of personal or property damages resulting from offeror's performance under this agreement. WARRANTIES Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the bid. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Harris County may return the product for correction or replacement at the offeror's expense. If offeror fails to make the appropriate correction within a reasonable time, Harris County may correct at the offeror's expense. Revised 05107 Page 8 of ~ VENDORS OWING TAXES Pursuant to TX Local Government Code 262.0276, Harris County Commissioners Court has adopted a policy which requires that vendors' taxes be current as of the date bids/proposals are due. Bidders with delinquent county taxes on the due date will not be eligible for award. Whether or not a vendor's taxes are delinquent will. be determined by an independent review of the Tax Office records. Vendors who believe a delinquency is reflected in error must contact the Tax Office to correct any errors or discrepancies prior to submitting their bid in order to ensure that their bid will be considered. Tax records are available online at the Tax Office website-www.hctax.net.Prior to submitting a bid, vendors are encouraged to visit the Tax Office website, set up a portfolio of their accounts and make their own initial determination of the status of their tax accounts. Furthermore. if, during the performance of this contract, a vendor's taxes become delinquent. Harris County reserves the right to provide notice to the Auditor or Treasurer pursuant to Texas Local Government Code ~154.045. This policy is effective for all bids due on or after May 1,2004. ~ m ~ N I .- t.f 1 I 0'\ .p\ 0) .- Revised 05107 Page 9 of ~ ,S N ~, 3. C' N 1- ~ 4. I D'i " ~ SPECIAL REOUlREMENTSIINSTRUCTIONS The following requirements and instructions supersede General Requirements where applicable. 1. Application Should this contract apply to other governmental entities, references to "Harris County" and the "Harris County Commissioners Court" may apply to one or more of the following: --"Harris County Flood Control District" governed by "Harris County Commissioners Court" --"Harris County Hospital District" governed by its "Board of Managers" --"Harris County Community Supervision and Corrections Department" governed by its Standing Committee for Probation Matters" --"Greater Harris County 9-1-1 Emergency Network" governed by its "Board of Managers" 2. Bid Requirements Each bidder should submit as a bid this entire ITB, completed where necessary, for example, the ITB cover sheet, the Price Sheets, Residence Certification, etc. Use the envelope provided with the ITB, or a comparable one, clearly indicating on the outside the Job Number, Job Description, and marked "SEALED BID". Harris County shall not be responsible for any effort or cost expended in the preparation of a response to this ITB. All protests should be coordinated through the Purchasing Office prior to award recommendation to Commissioners Court. Delivery If delivery is required, all items must be packaged so as to be protected from damage during shipping and handling. Any item(s) damaged in shipping must be replaced in kind, or repaired, by the contractor, at the discretion of, and at no additional charge to, Harris County. Payment Harris County will pay original invoices that clearly itemize the goods and/or services provided as to quantity, part number, description, price, applicable discount (if any), labor charges showing time differential, if applicable and if previously agreed to, and delivery, installation, and set-up costs, if applicable and if previously agreed to. Only charges as stated on the PricelDelivery Information Sheet(s) submitted as a part of the bid will be considered. Invoices must indicate Harris County or Harris County Hospital District, as applicable. the address to which the product(s) and/or service(s) were delivered, and the applicable purchase order number. Invoices will be matched to delivery tickets prior to payment, therefore, all delivery tickets should have an accurate description of the product(s) and/or service(s). 5. Usage Reports Harris County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this ITB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Harris County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased. Revised 12198 Page 10 of L8' If --- -----.-..,---..-...------- .-_... ~, m ~ N ,- t;I I C'l " ~ SPECIFICATIONS Term Contract for Leased Vehicles and Related Items for Harris County SCOPE The intention of this Harris County Invitation To Bid (ITB) is to solicit bids for a term -contract for leased vehicles and related items, in the quantities estimated, for one year beginning approximately September 1, 2008. The primary user of this contract will be the Harris County Sheriff s Office, however, from time to time, other Harris County agencies may request to utilize this contract. For information regarding the bid process, contact Damon Harris at (713) 755-5384, or, for technical information concerning the products and/or services described in this ITB, contact Chris Gore of the (HCSO) at (281) 290-2144. DESCRIYfION The contractor shall furnish and deliver, as required, vehicles of various makes and models for use for up to one (1) year in monthly increments, each with a maximum 20,000 miles, that meet, or, approximately meet, the following specifications (unless otherwise noted): . model year: 2008 or newer · engine: six cylinder only (Items 1, 2 & 3-b of the PricinglDelivery Information sheet) · engine: V8 only (Item 3-a & c of the PricinglDelivery Information sheet) · engine: six cylinder or V8 (Item 3-d of the PricinglDelivery Information sheet) . transmission: automatic · steering: power . brakes: anti-lock · air conditioning: Original Equipment Manufacturer (OEM) · wheel covers: full · glass: all windows to be tinted (front, rear and sides) to current legal limit · inspection sticker: Texas · license plates: Texas Only licensed drivers shall use the vehicles described in this ITB and only for lawful purposes in conjunction with the Harris County Sheriffs Office business as a normal transportation device not subject to extraordinary risk. Harris County is self insured for vehicle liability and property damage claims in accordance with Vernon's Civil Statute Article 6701h Safety Responsibility Law, Article VI, Section 33. Any liability arising from operation of motorized equipment will be considered under the Texas Tort Claims Act, Texas Civil Practice and Remedies Code, Title 5, Chapter 101. Harris County shall return the vehicles to the lessor upon expiration of the contract in the same condition as when received, normal wear and tear expected. Damage other than normal wear and tear such as glass breakage, bent metal or body parts may be submitted to Harris County for reimbursement. Lease pricing provided in PricinglDelivery Information section of this ITB must be all-inclusive and no separate charges for maintenance, change of title, registration, license, official fees and any other ",,- .--.,.--., .-..-.--- --~----_._._. .---_. ---~._.. Page II Of~( costs shall be billed to Harris County. The lessor must fully maintain the vehicles, including oil changes, tune- ups, tires or any other task normally associated with a full maintenance contract. No security deposit shall be required. While in the possession of Harris County, Harris County will provide gasoline and normal and reasonable general exterior and interior care with regard to vehicles. Should vehicle(s) become unserviceable, a substitute usable vehicle(s) shall be provided at no additional charge in excess of the charges for the unserviceable vehicle during the time when unserviceable vehicle(s) is in repair. Harris-County reserves the right to exchange any vehicle on an "as needed" basis due to the special requirements of the officers assigned to these vehicles. From time to time, other governmental agencies not directly associated with Harris County may utilize this contract as determined and approved, on a case by case basis, by Harris County and the awarded contractor. Related Items: Bidder may offer for sale additional items related to the scope of goods and/or services described above and/or listed in the PricinglDelivery Information section of this ITB by identifying other items and/or brands not identified by Harris County in this ITB. Though the "related items" offered may be considered during the award recommendation, and/ or may be a part of a subsequent contract, if any, with Harris County, the affect of the related items cannot be extended and totaled in determining the lowest bidder since an estimated usage is unknown. Purchases by Harris County of related items should not exceed 20% of the total annual purchases under the contract. 1 ~, /Tl N I ,.....~ l- I !r1 -f1 ~ Page 12 of J.6 If' -...- -'-'--'~'''-'' ,- - PRICINGIDELIVERY INFORMATION I. Pricine:: Bidder must complete open boxes to right of double vertical lines. Quantities are estimated, Harris County. may require more or less. In case of discrepancy between unit and extended pricing, unit pricing governs. Pricing must be all-inclusive. Bidder: Item Description UM Qty Mfr & Model $/UM Ext$ Harris County Vehicles Lease Compact-Size Vehicles - 6 cyl. Automobiles, Pontiac Grand 6 or equal Trucks, Crew Cab, Toyota Tacoma, Chevy Colorado or equal Lease Intermediate-Size Vehicles - 6 c I. Automobiles, Ford Taurus, Pontiac 96 637.00 61,152.00 Grand Prix or equal mo. Sports Utility, Ford Explorer, mo. 60 638.00 38,280.00 Chevrolet Trailblazer or equal Lease Full-Size Vehicles ~ ~:.~~:~, f~..-~; Sport Utility, Chevrolet Tahoe or equal Chevrolet Tahoe or if a. - V8 mo. 12 equal - V8 787.00 9444.00 Mini Vans, Ford Freestar, Chevrolet Ford Freestar, b. Uplander or equal - 6 cyl. mo. 24 Chevrolet Uplander 639.00 15,336.00 or e ual - 6 c I. Ford E-350 Club Vans, Ford E-350 Club Wagon, mo. 12 Wagon, Chevrolet 989.00 11,868.00 Chevrolet Express or equal - V8 Express or equal - V8 Automobiles, Pontiac G8, Buick Buick Lucerne, Lucerne, Chev Impala or equal - 6 cyl. mo. 12 Chev Impala or 652.00 7,824.00 orV8 equal - 6 cyl. or V8 Ext Cab or Crew Trucks, Ext Cab or Crew Cab, Ford F- Cab, Ford F-150. 150, Chevrolet Silverado, Dodge Ram, mo. 1,240 Chevrolet Silverado, 542.00 672,080.00 Toyota Tundra or equal Dodge Ram, Toyota Tundra or e ual Box Trucks with Liftgate, 12'-16', 16ft box truck, Isuzi Hino, International, Freightliner or day 21 63.00 1323.00 e ual or Mitsibushi Box Trucks with Liftgate, 24'-26', 24', Hino, Hino, International, Freightliner or day 21 International, 73.00 1533.00 e ual Freightliner TOTAL $973,160.00 Page 13 of" 15 -....___r_----..-....-.. "-- '..-",..-- " IJ3 N rJ'l N f ,- ~ I Q'1 fi ; II. Related Items: Identify a specific document and pricing reference, for example, ABC, Inc. 10/1196 Fall Catalog list price column, or XYZ Co. 1/1/96 Jobber Price Sheet wholesale price column, etc., and a multiplier thereto, for example, 75% to indicate a 25% discount, or 110% to indicate a 10% premium. The purchases by Harris County of these related items should not exceed 20% of the total annual purchases under the contract. 1. Document and pricing reference: N/ A Multiplier: 2. Document and pricing reference: N/ A Multiplier: III. Payment Discount: Indicate the payment discount(s) available depending on when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. N/A IV. Renewal: Harris County may request to renew the original contract, as amended from time to time, at the same terms, conditions, and pricing. Each renewal will be in one (1) year increments, not to exceed four (4) years. Page 14 of i< ._. ~---,r--'---_. ~~_n" -__'_..._ Attachmenta. Job No. 0810259 RESIDENCE CERTIFICATIONffAX FORM Pursuant to Texas Government Code ~2252.001 et seq., as amended, Harris County requests Residence Certification. ~2252.00 I et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of ~2252.001 are stated below: (3) "Nonresident bidder" refers to a person who is not a resident (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. t8J I certify that Entemrise Leasing Company of Houston (DBA EnteflJrise Rent -A-Car) is a Resident Bidder of Texas as defined in [Company Name) Government Code ~2252.00 I. D I certify that is a Nonresident Bidder as defined in [Company Name) Government Code ~2252.00t and our principal place of business is [City and State] f'oe M 0'1 N .1- Taxpayer Identification Number (T. I. N.): 74-1744231 Company Name submitting BidIProposal: Entelprise Leasing Company of Houston "- o I ~ 'I'l ~ Mailing Address: 10401 Centrepark Drive. Houston. TX 77073 If you are an individual, list the names and addresses of any partnership of which you are a general partner: PROPERTY: List all taxable property owned by you or above partnerships in Harris County. Harris County Tax Acct. No. * Property address or location** See Attached spreadsheet * This is the property account identification number assigned by the Harris County Appraisal District. ** For real property, specify the property address or legal description. For business personal property, specify the address where the property is located. For example, office equipment will nonnally be at your office, but inventory may be stored at a warehouse or other location. Revised 11106 Page 15 of tf( F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 9. 2009 Budl!et Requested By: Heather Weger Source of Funds: Department: Human Resources Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Stop Loss Recommendation from Willis HRH Amount Requested: Exhibits: Stop Loss Distribution List Budgeted Item: YES NO Exhibits Stop Loss Quotes SUMMARY & RECOMMENDATION We are recommending renewing our Stop Loss Coverage with Unimerica at a premium of $300,600 and raising our deductible from $125k to $145k. prove taffrecommendation for renewing Stop Loss Coverage with Unimerica and for raising the deductible rom $12 k to $145k. ~ /.; 10'7 Date williS HRH Willis of T exes 1155 Dairy Ashford, Suite 350 P.O. Box 941709 (77094-8709) Houston, Texas 77079-3012 281-584-1667 800-964-6564 TO: Ron Bottoms FROM: Neal Welch Lesley Hagen cc: Heather Weger DATE: March 3, 2009 RE: Stop Loss RFP, #09502 On January 16,2009, we distributed 11 RFPs for the stop loss coverage. We received 4 responses in addition to a renewal proposal. The current carrier BP, Inc. was purchased by Unimerica this past year. Unimerica is a United Health Care company. The renewal received was from Unimerica. The City has had an average of 2 stop loss claims per contract year in past years. There are 3 potential large claimants for the coming stop loss year. All of the premium quotations received were higher than the current premium based on loss experience and these potential large claims. The renewal options from Unimerica seem to be the most competitive. The current specific deductible is $125k and we would suggest moving to $145k to make the premium increase neutral. While we feel the increased deductible as a known cost is worth the risk, you can fell comfortable choosing any of the Unimerica offerings. Thank you for spending time with us this week to discuss the renewal and we look forward to answering questions at the upcoming city council meeting. S:\City Secretary's Office\2009 City Council Packets\20090309\Stop Loss Recommendation (I).doc The City of LaPorte Distribution List STOP-LOSS Insurance 01/16 2/05 Declined not Vicki Burgess 888-941-9532 competitive HCC Benefits Corporation VburQess@hcclife.com Fred Burkacki 01/16 2/05 Submitted Symetra 512-219-4002 proposal Fred. buracki@symetra.com Ken Consiglio 01/16 2/05 Submitted American Stop-Loss 800-944-7659 renewal with INCUMBENT deductible kconsiQlio@americanstoploss.co options - m Unimerica purchased BP.lnc. Kim Smith 01/16 Submitted ING 713-881-8783 2/09 proposal Kimberly. smith@us.inq.com Karen Harrison 01/16 2/09 Declined Arbor Benefit Group 860-674-9748, ext. 15 karenh@arborbQ.com Ryan White 01/16 1/25 Decline not Sun Life of Canada 713-236-8340 competitive Ryan. wh ite@sunlife.com John Perrin Highmark Life & Casualty Group 01/16 2/09 Submitted proposal 281-379-5421 iohn. perrin@hminsuranceqroup.c om Christopher Slezak 01/16 1/27 Declined Optum Health christopher.slezak@optumhealth. since they com purchased BP 469-633-8653 Shane Kemerly 01/16 2/06 Declined they BestRe Skemerlv@bestre.net do not quote bestre@bestre.net municipalities Alan McCormick MccormickCA@aetna.com 01/16 2/09 Declined not Aetna competitive 281-637-3214 CURRENT MEDICAL CARRIER Chuck Russell c-russell@nlia.com 01/16 2/06 Submitted Nippon Life 213-430-9000 ext 101 proposal I " ., o _. ~ ~fo. 0 VI,3 :5 C!: ;::1:=_0 (J)<(J)::J -n > ~ " g' " ~ (j) " llJ " ~ ., ~ I 0 CD ~ ~ 0 0 ~ < i < :J < CD CD CD ~ CD (") CD ~ ~ Ql ~ ~ -n " ., or lD ., ., CD " CD CD " CD s:l. s:l. 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'" 0 0 ~ Q) '" 0 8 Sl' '" ~ ill 8 8 ;ij ;;; .. ~ co '" 0 0 x Pol .to.N... g :::~81iJ1 !!! ., no> '" j;; " o o co -I :T "'CD S'o "C -. r-~ '-'" 00 IIJ en..... cNenr- s.g:E~ CDCDOO en ., ~ ~CD en w :T-I CD CD a>< S>> en 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested March 9, 2009 Requested By Mayor Porter Appropriation Source of Funds: Department: Mayor atld City CQ1ltlcil Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Amount Requested: Exhibits: Exhibits: Ordinance Budgeted Item: YES NO SUMMARY & RECOMMENDATION The following positions are vacant on the Chapter 172 Employee Retiree Insurance and Benefits Committee: Retiree position - vacated due to the death of Sammy Jacobs Employee Participant - vacated due to the retirement of Karen Beerman Action Required bv Council: Discuss and appoint members to the Chapter 172 Committee. ,r7' ~I" Dat' ORDINANCE NO. J 1'(;). J AN ORDINANCE APPOINTING MEMBERS TO V IOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: · Indicates reappointment Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1. - Debra Rihn 2010 Position 2 . - Nick Hooke 2010 Position 3. - * Hector Villarreal 2009 Position 4. - * Tucker Grant 2009 Position 5. - Steve Gillett 2010 Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2009 Position 2 * Da ve Turnquist 2010 Position 3 Alton Porter 2009 Position 4 *Horace Leopard 2010 Position 5 Doug Martin 2009 Position 6 *J.J. Meza 2010 Position 8 *Chester Pool 2010 The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 (LPISD) 2009 Position 9 Lindsay Pfeiffer (Harris Co.) 2009 Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefi ts Commi ttee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 George Van Dyke No Term Citizen Position 2 Steve Valerius No Term Retiree Participant - Aaron Corrales No Term Employee Participant - Matt Daeumer No Term Finance Staff Michael Dolby No Term H.R. Staff Heather Weger No Term Legal Staff Clark T. Askins No Term Alternate Pos. 1 Martha Gillett No Term Alternate Pos. 2 Julie Graham No Term Alternate position 1 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member; Alternate position 2 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member, where Alternate Pos. 1 member is not present, or where more than one regular members are absent. 2 Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Commi ttee, without term, or until their successors shall have been duly appointed and qualified: Date Appointed Chairman Chuck Engelken 1998 Committee Member - Louis Rigby 2008 Committee Member - Howard Ebow 1998 Alternate Member 1 - Georgia Malone 2008 Alternate Member 2 - Tommy Moser 2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Jack Oliphant 2011 District 2 *Jeff Brown 2009 District 3 *Woodrow Sebesta 2009 District 4 *Floyd Craft 2009 District 5 Jim Bridge 2009 District 6 Lester Clark 2011 At Large-A *Bryan Moore 2009 At Large-B Paul Vige 2011 Mayor *Lynn Green 2009 Section 6. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, for terms expiring on August 31st of the year 3 indicated, or until their successors shall have been duly appointed and qualified: Position 1 Robert Roy 2009 Position 2 Dennis H. Steger 2009 Position 3 Steve Valarius 2009 Position 4 David Janda 2010 Position 5 Ken Schlather 2010 Section 7. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected ci ty officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2009 *Mike Clausen 2010 Tommy Moser 2009 *Bill Love 2010 Ed Matuszak 2009 * Pat Muston 2010 Barry Beasley 2009 Section 8. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: 4 Health Authority Abdul R. Moosa, M.D. 2011 Alternate Robert D. Johnston, M.D. 2011 Medical Advisor/EMS Oscar Boultinghouse Contract Section 9. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2009 *Dave Turnquist 2010 Alton Porter 2009 *Horace Leopard 2010 Douglas Martin 2009 *J.J. Meza 2010 L.P.I.S.D. Rep 2009 *Chester Pool 2010 Lindsay R. Pfeiffer, Chairman 2009 The City Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory Board, a new Board required by the Texas Historical Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 Section 10. Position 1- Edward Matuszak, Chairman 2011 Position 2- Margaret Anderson 2011 Position 3- Bill Manning, Jr. 2011 Position 4- Shar Lynch 2009 Position 5- *Jerry Carpenter 2009 5 Position 6- Mark Follis 2009 Position 7- Paul Larson 2010 Position 8- Ronda Lunsford 2010 Position 9- Debra Gallington 2010 Position 10- Position 10 Eliminated by Ordinance 2004-2782- L on August 28th, 2006 by City Council action. Position 11- Position 11 Eliminated by Ordinance 2004-2782- L on August 28th, 2006 by City Council action. There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main Street Coordinator 2 the City Manager of the City of La Porte, or his designee 3 the Manager of the La Porte-Bayshore Chamber of Commerce Section 11. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman Hall Lawler 2009 District 1 Doretta Finch 2011 District 2 *Nick Barrera 2009 District 3 *Kirby Linscombe, Jr. 2009 District 4 Dottie Kaminiski 2010 District 5 Paul Berner 2010 District 6 Les Bird 2011 Alternate 1 David Janda 2010 6 Alternate 2 Lou Ann Martin 2011 Section 12. The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director Lou Ann Martin 2009 Section 13. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Chester Pool 2009 Position 2 Bob Capen 2009 Position 3 Rod Rothermel 2009 Position 4 Charles Schoppe 2009 Position 5 George W. Maltsberger 2009 Alternate 1 *Lawrence McNeal 2010 Alternate 2 *Gilbert Montemayor 2010 The City Council of the City of La Porte hereby designates George W. Maltsberger, of Position 5, to serve as Chairman of the Zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. Section 14. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals 7 owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Tom Campbell 2010 Position 2 Terry Bunch 2010 Position 3 Paul Larson 2009 Position 4 Ron Holt 2009 Position 5 Ken Schlather 2011 Position 6 Michael Reedy 2011 Position 7 Mark Follis 2011 Section 15. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative *John Joerns No Term Section 16. The City Council of the City of La Porte hereby makes the following appointments to the Animal Shelter Advisory Committee, without term, or until their successors shall have been duly appointed and qualified: Veterinarian Rabies Control Authority - Donna Medford, DVM No Term - Ken Adcox No Term 8 Animal Control Officer - Clarence Anderson No Term Animal Welfare Rep. - Dana Dicker No Term City Council At-large Pos. A - Georgia Malone No Term Section 17. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 18. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 19. 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. 9 Section 20. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ATTEST: c:IJJ~(J dJfLI . rt a A. Gille t City Secretary AP~ Ab- r~ Cla k T. Askins Assistant City Attorney CfJt-day of lUa rtL By: CITY o~ Z.L~.POR, ~ .w.w on . orter ~ayor / ( 10 , 2009. ~/ "7 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Kenith Aill'OX 03-09-09 --,.... f\ a 1Sl9....;, Bude:et Agenda Date Requested: Source of Funds: Department: Polic~ Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Coin Operated Machine Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Amend Ordinance 1100 stating that Eight-liner gambling machines are prohibited in the City of La Porle for commercial use and, as such, the City will no longer issue permits for these devices. ORDINANCE NO. -31:L 7 AN ORDINANCE AMENDING CHAPTER 10 "AMUSEMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE ll. "COIN- OPERATED MACmNES," TO PROHffiIT THE USE OR DISPLAY OF EIGHT- LINERS IN COMMERCIAL OR BUSINESS ESTABLISHMENTS WITHIN THE CITY OF LA PORTE, AND TO PROHIBIT THE PERMITTING OR LICENSING OF EIGHT- LINERS WITH THE CITY OF LA PORTE; AND BY AMENDING APPENDIX-B "FINES" OF THE LA PORTE CODE OF ORDINANES IN ACCORDANCE THEREWITH; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF mIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 1. "Generally," Section 10-31 "Definitions," of the Code of Ordinances, La Porte, Texas, is hereby amended by adding or revising the following terms, to be included in proper alphabetical sequence: "Coin-operated machine means every machine or device of any kind or character, other than an eight-liner, which is operated by or with coins, or metal slugs, tokens or checks; "music coin-operated machines" and "skill or pleasure coin-operated machines" as those terms are defined in this section, shall be included in such definition." "Eight-liner means a coin-operated machine or contrivance capable of being used for games of chance, including but not limited to a Tic Tac Toe eight-liner or video poker machine or other contrivance or paraphernalia, on which games of chance can be played for a consideration and which afford the player and opportunity to win a prize, gift certificate or thing of value, whether or not the prize is automatically paid by the contrivance." Section 2: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 2. "Occupation Tax", Sees. 10-56--10-75. "Reserved.", of the Code of Ordinances, La Porte, Texas, is hereby amended and shall read as follows: "Sees. 10-56--10-74. Reserved." Section 3: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 3. "Regulation of Places of Business", of the Code of Ordinances, La Porte, Texas, is hereby amended by adding the following section, which shall read as follows: "Sec. 10-75. Eight-Liners Prohibited. a) The use or display of eight-liners in a commercial or business establishment located within the corporate limits of the City of La Porte shall be prohibited. b) No license or permit shall be issued by the City of La Porte for the use or display of eight-liners, regardless of location within the city:' Section 4: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 3. "Regulation of Places of Business", of the Code of Ordinances, La Porte, Texas, is hereby amended by amending Section 10-81, which shall read as follows: "Sec. 10-81. Operator responsible for violations ofthis article. Any business operator who permits, allows or in any manner condones a violation of any provision of this article shall, upon conviction, be punished as provided in section 1-14. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this Article." Section 5:That Appendix-B "Fines" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 3. "Regulation of Places of Business", which shall read as follows: Section Description Amount this Code Chapter 1 O. Amusements Article II Coin Operated Machines Division 3. Regulation of Places of Business a) \fine for violation of article. . .. $500.00 1 0-75 (a) 2 Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 8. 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 is 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 Chapter 551, Tx. Gov't 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 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of the City of La Porte Charter. PASSED AND APPROVED this the~ day Of~4~ ,2009. ATTEST: LffI-~(f(LeWy CITY ~F LA~RTE -;:;;J; ,- BY7/? ~~~. Mayor I APPROVED: ~-r~ City Attorney 3 ARTICLE II. COIN-OPERATED MACHINES* *Cross references: Businesses, ch. 22; supplementary district regulations, coin-operated machines, ~ 106-747. DIVISION 1. GENERALLY Sec. 10-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Coin-operated machine means every machine or device of any kind or character, other than an eight-liner, which is operated by or with coins, or metal slugs, tokens or checks; "music coin- operated machines" and "skill or pleasure coin-operated machines" as those terms are defined in this section, shall be included in such definition. Eight-liner means a coin-operated machine or contrivance capable of being used for games of chance, including but not limited to a Tic Tac Toe eight-liner or video poker machine or other contrivance or paraphernalia, on which games of chance can be played for a consideration and which afford the player and opportunity to win a prize, gift certificate or thing of value, whether or not the prize is automatically paid by the contrivance. Music coin-operated machine means every coin-operated machine of any kind or character, which dispenses or vends or which is used or operated for dispensing or vending music and which is operated by or with coins or metal slugs, tokens or checks. The following are expressly included within such term: phonographs, pianos, graphophones, and all other coin-operated machines which dispense or vend music. Operator means any person, firm, company, association or corporation which exhibits, displays or permits to be exhibited or displayed, in a place of business other than his own, any coin- operated machine in this state. Owner means any person, individual, firm, company, association or corporation owning any coin-operated machine in this state. Service coin-operated machines means every pay toilet, pay telephone and all other machines or devices which dispense service only and not merchandise, music, skill or pleasure. Skill or pleasure coin-operated machines means every coin-operated machine of any kind or character whatsoever, when such machines dispense or are used or are capable of being used or operated for amusement or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of "merchandise or music" or "service" exclusively, as those terms are defined in this article. The following are expressly included within such term: marble machines, marble table machines, marble shooting machines, miniature race track machines, miniature football machines, miniature golf machines, miniature bowling machines, and all other coin-operated machines which dispense or afford skill or pleasure; provided, however, that every machine or device of any kind or character which dispenses or vends merchandise, commodities or confections or plays music in connection with or in addition to such games or dispensing of skill or pleasure shall be considered as skill or pleasure machines and taxed at the higher rate fixed for such machines. Cross references: Definitions generally,s 1-2. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 8801. Secs. 10-32--10-50. Reserved. DIVISION 2. OCCUPATION TAX* *Cross references: Occupation tax,s 66-91 et seq. Sec. 10-51. Levy; maximum amount; registration of machines. The city council hereby shall levy and collect the maximum yearly occupation tax authorized by state law on each coin-operated machine exhibited in the city, on an annual basis, at the rate established in appendix A, fees, of this Code, for each machine so exhibited. Each machine upon which this occupation tax must be paid shall be registered with the city by the owner, such registration to contain the make, model and serial number of each machine; each such machine registered with the city shall also be subject to an annual registration fee at the rate established in appendix A, fees of this Code, due for each calendar year, or any part of a calendar year, in which a machine is exhibited. Every machine so registered shall display a decal issued by the city, securely fixed to a noninterchangeable part of the machine. All ad valorem taxes on any and all property, personal or real, necessary to the operation of any business must be paid prior to the issuance of any decal for such operation. State law references: Authority to levy, Texas Occupations Code Chapter 2153. Sec. 10-52. Exemptions. Gas meters, pay telephones, pay toilets, food vending machines, confection vending machines, beverage vending machines, merchandise vending machines, and cigarette vending machines which are now subject to an occupation or gross receipts tax, stamp vending machines, and service coin-operated machines are expressly exempt from the tax levied in section 10-51 and the other provisions of this article. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 8803. Sec. 10-53. Collection of tax and issuance of decals. It shall be the responsibility of the city secretary to collect the tax and to issue decals for such machines as are registered in accordance with section 10-51. Sec. 10-54. Payment; decal as evidence thereof; display; proration of tax. (a) Every owner who owns, controls, possesses, exhibits, displays or who permits to be exhibited or displayed in the city any skill or pleasure-oriented coin-operated machine shall pay on every such machine, the annual occupational tax levied in section 10-51. Such occupational tax shall be payable to the city secretary on or before December 15 for the next succeeding calendar year. 2 (b) The city secretary shall issue a decal evidencing payment of such occupational tax, and such decal shall be securely attached to the machine in a manner that will require continued application of steam and water to remove the decal, or such decal shall be posted in a conspicuous place at or near the machine so as to be easily seen by the public. The decal affixed to the machine shall be valid only for the machine which must be identified by serial number. Any business operator who shall exhibit or display within the city any skill or pleasure-oriented coin-operated machine without having paid the tax and annexed or attached thereto a valid decal issued by the city secretary, showing payment of the tax for the current year, shall be deemed to have violated this article. (c) The occupational tax provided for in this article shall not be subject to proration or reduction for payment for a period less than 12 calendar months. Sec. 10-55. Nonpayment of occupational tax; sealing of machines; fee; breaking of seal a violation of article. (a) The city secretary or his designee may seal, in a manner that will prevent further operation, any coin-operated amusement machine subject to the payment of the occupational tax upon which the tax levied by this article has not been paid. Any person subject to this section shall be required to pay a fee in an amount established by the city and listed in appendix A of this Code for release of any machine sealed for nonpayment of the tax. (b) Whoever shall break the seal, pursuant to this article, or exhibit, display or remove any machine on which such seal has been broken, shall be guilty of a class C misdemeanor and shall be in violation of this article. State law references: Similar provisions, Vernon's Ann. Civ. S1. art. 8815. Secs. 10-56--10-74. Reserved. DIVISION 3. REGULA nON OF PLACES OF BUSINESS* *Cross references: Zoning, ch. 106. Sec. 10-75. Eight-Liners Prohibited. a) The use or display of eight-liners in a commercial or business establishment located within the corporate limits of the City of La Porte shall be prohibited. b) No license or permit shall be issued by the City of La Porte for the use or display of eight- liners, regardless of location within the city. Sec. 10-76. Moving of machine which has tax certificate. It shall be unlawful to move a coin-operated machine to a different place of business in the city without prior written notification to the city secretary. Sec. 10-77. Hours of operation; terms defined. (a) Coin-operated machine amusement centers shall remain closed to minors, and no minors shall be on the premises, except during the following hours: 3 TABLE INSET: Schoo/year Mondays through Thursdays.......... 2:30 p.m. to 10:00 p.m. Fridays.......... 2:30 p.m. to 12:00 p.m. Saturdays.......... 9:00 a.m. to 12:00 p.m. Sundays.......... 1 :00 p.m. to 10:00 p.m. Summer Mondays through Fridays.......... 11 :00 a.m. to 12:00 p.m. Saturdays.......... 9:00 a.m. to 12:00 p.m. Sundays.......... 1 :00 p.m. to 10:00 p.m. (b) The term "school year" shall be defined as the period of time from the commencement of regular classes in the La Porte Independent School District in August, through the last day of regular classes the following May. The term "summer" shall be the period from the end of classes in May until the commencement of classes in August. Cross references: Definitions generally, ~ 1-2. Sec. 10-78. Unobstructed view to interior. Every place of business shall have unobstructed windows or open space on at least one side, so that the area is open to view by members of the public passing by on a public street, or using a corridor, lobby or other room to which the public resorts and is admitted without charge. A minimum of 65 percent of said side that is more than three feet above sidewalk grade and not more than seven feet above sidewalk grade shall be of transparent glass, unobscured by obstructions. Sec. 10-79. Noise. No sound of any nature shall be audible beyond the limits of a place of business covered under this article. Cross references: Noise regulations, ~ 34-91 et seq. Sec. 10-80. Lighting. Lighting shall be maintained at an intensity of not less than 30 footcandle power, three feet from the floor, measured at any location in any room open to the public, which shall be operative during all hours of operation of any place of business covered under this article. Sec. 10-81. Operator responsible for violations of this article. Any business operator who permits, allows or in any manner condones a violation of any provision of this article shall, upon conviction, be punished as provided in section 1-14. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this Article. 4 Sec. 10-82. Employees subject to penalties. Any employee of a coin-operated machine business who violates or permits patrons or customers of the coin-operated machine business to violate any provision of this article shall, upon conviction, be punished as provided in section 1-14. Sec. 10-83. Change in corporate structure or address of owner. Every person shall, prior to the effective date of any change of ownership of such business or enterprise or of the home address or principal business address of any owner thereof, if such business or enterprise is unincorporated, or if such business or enterprise is incorporated, prior to the effective date of any change of officers or directors of such business or enterprise, or of the home address or principal business address of any officer or director thereof, file with the city secretary a sworn affidavit. Such affidavit shall state therein such change of ownership of such unincorporated business or enterprise, and such change of home address or principal business address of any owner thereof, or such substitution of officers or directors of such incorporated business or enterprise and such change of home address or principal business address of any officer or director thereof. 5 11 A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 03-09-09 Budl!et Requested By: Kl'n ArI{'oy Source of Funds: Department: Police Account Number: Report: X Resolution: Ordinance: Amount Budgeterl: Exhibits: Power Point Presentation Amount Reque~ted. Exhibits: Budgeted Item: YES NO Exbibih SUMMARY & RECOMMENDATION The La Porte Police Department, as well as Fire and EMS, are currently using an outdated, very limited, and cumbersome HTE Records Management System, which will no longer be supported after the year 2011. As such, we have been looking for alternative programs and have selected the aSSI System as our preferred option. This system is manufactured and sold by the same vendor as our current HTE system and would be considered an upgrade rather than a new purchase. The cost of a "stand alone" aSSI System is quite high, at just under $1 million dollars. By joining a newly formed regional consortium and converting to the consortium's shared use servers, however, we could save a significant amount of money when converting to ass!. In addition, by joining the consortium we would have direct access to all the consortium's collective applications and regionalized crime information. The total cost of implementing a new aSSI Records Management System through the consortium would be $461,426. This is the aSSI premium system and we would have access to virtually all ofaSSI's public safety models and applications. We have, however, received notification from the aSSI Group that, if the City of La Porte is willing to contractually commit to purchase this system before March 31, 2009 of this fiscal year (full payment due within 90 days of signing contract), they would be willing to provide us with a 50% discount on all software and licensing fees, saving the City of La Porte $198,727. With these savings, the total cost of the aSSI conversion, including all required software, licenses, implementation fees as well as all required hardware, would be $262,699. This system has been thoroughly researched and reviewed with the Directors from the Police, Fire, EMS, and IT Departments with very high reviews. The new system will revolutionize the City's public safety operations, far improving the effectiveness and efficiency of our employees. The police department has, to a large extent, identified funding opportunities to assist in making this conversion using existing surplus funds and is seeking Councils approval in pursuing the purchase before March 31, 2009 in order to allow the City to capitalize on the $198,727 discount. Date B From: John Joerns} Assistant Cit City of La Porte Interoffice Memorandum To: er Date: March 4} 2009 Subject: Drainage Report Master Drainage Plan Of the twelve recommended high priority projects} the City is designing seven and we have secured proposals from Klotz Associates for design of four plus other related activities. Final negotiations with Klotz Associates are ongoing and we expect to award these contracts at the March 23rd Council meeting. Proiects desi~ned by the City Project # Location Target Date for Design 1 Pinegrove Valley Complete 4 Glen Meadow 4/15/09 5 Meadow Park 3/15/09 6 Fairmont Park Central 3/15/09 9 Spencer Hwy. Estates 4/15/09 10 Villa Del Rancho 4/15/09 11 Battleground Estates Complete Projects 1 & 11 will be constructed by city crews. The remaining projects may either be constructed by city forces or bundled for bidding. Proiects to be desi~ned by Klotz Associates . Projects #2 & #8 o Brookglen/Fairmont East - Proposal approved 2-9-09 to provide design of sheet flow} increased storm sewer pipe size and inlets as needed. Plans and specifications will be prepared bid-ready -project{s) can be bid or constructed by city crews. Improvements can then be constructed or bid. Cost for professional services - $28}000. o Additionally} a storm sewer analysis will be performed on the existing Fairmont East storm sewer to determine inlet and pipe capacities for various storm events and develop three (3) alternatives to decrease the frequency of localized street flooding. Finally} an analysis will be performed to determine the impact of reconfiguring the confluence of HCFCD Units B112-02-00 and B112-00-00 to reduce backwater buildup effects occurring in B112-02-00 upstream of the confluence. Both of these will result in recommendations for further design, as well as cost estimates for budgeting purposes. Cost for professional services - $8,800. · Projects #3 & #7 o Fairmont West/Creekmont- proposal is under review to provide design and construction-phase services for the proposed sheet flow, increased storm sewer pipe size and inlets as needed. Plans and specifications will be prepared, project(s) bid and constructed. Additionally, expect to authorize construction-phase services for Fairmont/Brookglen proposal. Cost unknown at this time. Staff expects to present the proposal to the Flooding and Drainage Committee and City Council for approval at Drainage and Flooding Committee and City Council meetings scheduled for March 23, 2009. · HCFCD Impact analysis - proposal is under review to provide an impact analysis of all projects identified by the Master Drainage Plan to demonstrate to HCFDC that no mitigation (detention) is needed to discharge from the proposed improvements. This study is required by HCFCD before any projects may be constructed that discharge into HCFCD channels. Cost unknown at this time. Staff expects to present the proposal to the Flooding and Drainage Committee and City Council for approval at Drainage and Flooding Committee and City Council meetings scheduled for March 23, 2009. · Creekmont Park to North H Street - Klotz Associates has secured approval from Harris County to tie into their storm sewer system on North H Street. Staff has turned over the final easement negotiations and acquisition to the City Attorney's office. They are waiting on a response from the landowner. Klotz Associates will provide a design for the project and City forces will install the storm sewer. This project should move quickly once the easement is granted. The larger inter-agency projects will take more time to develop. Harris County Flood Control District (HCFCD) and Harris County Pct. 2 only recently received the final report on February 11th. After their review it will be vital to coordinate with them to have the recommended projects integrated into their capital improvements program and to establish an agreed scope of work for engineering analysis and design. We understand the urgency expressed by the committee and will continue to press for design and construction for the local high priority projects under the City's control. Meanwhile, we will continue to work with HCFCD, Harris County Pct. 2, and TXDoT to evaluate the recommendations and develop a plan of action on the inter-agency projects. c: Mayor and Council Steve Gillett Tim Tietjens c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 9.2009 Budl!et Requested By: Heather Weger Source of Funds: Department: Human Resources Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Policy Manual Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Proposed Chanqes to Personnel Policy Manual Although there are many additions to the Personnel Policy Manual, the following depicts the major changes that are being proposed. Introductory Employment Period . Must complete the Introductory Employment Period before the employee is eligible to use any accrued vacation leave. Appeal Procedure . Changed the number of days for an employee to submit an appeal to their immediate supervisor from 15 working days to 5 working days. . Changed the number of days for the complaint to be resolved from 10 working days to 5 working days. Education Reimbursement . Changed the total number of hours eligible for reimbursement to 17 hours, with the maximum pay out being $3500 annually. . Must be an accredited university. Separation Pay . Employees must be employed at least one year to receive vacation pay at the time of their separation. :3 Iv j, Date