HomeMy WebLinkAbout2009-02-23 Regular Meeting and Workshop for the City of La Porte Council
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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
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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
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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.
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Date
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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:
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City Secl'etmy 0 .
/ eGrants
Page 1 of2
Proposal/Grant: 201O-LaPorte-
$-SYG-0042
Status: Prapasalln Progress
User: Red Dalfis
Role: SUOgrantee Mmlnlstratc-r
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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.
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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%)
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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
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r CQ!Jilltc;t)Jal Services - 9..Q.Q.
r mher Nlscellaneou~
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~ Budaet Summary
L ~/llptlon Plan
II SAVE I l';oJ>nrl: I li;V~~WJ!o~:1 HA.oJ).jRO,"rfi,..,j
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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.
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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:
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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~~
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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
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,-
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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"~
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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 - ().
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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:
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,iise<J 05107
Date:
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Page 1 of ~
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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.
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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.
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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.
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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
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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
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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 ~
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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.
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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
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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
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Page 7 of vt:
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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.
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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.
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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.
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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'
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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
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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.
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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
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~:.~~:~, 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
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;
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
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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