HomeMy WebLinkAbout2009-03-09 Regular Meeting and Workshop of La Porte City Council minutes
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MINUTES OF A REGULAR MEETING AND WORKSHOP
OF THE LA PORTE CITY COUNCIL
MARCH 9, 2009
1. Call to order
The meeting was called to order by Mayor Pro-Tem Clausen at 6:00 p.m.
Members of City Council Present: Mayor Pro-Tem Mike Clausen, Council members
Tommy Moser, Mike Mosteit, Georgia Malone, Louis Rigby and Chuck Engelken
Members of Council Absent: Mayor Porter, John Black and Howard Ebow.
Members of City Executive Staff and City Employees Present: City Manager Ron
Bottoms, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief
Kenith Adcox, Assistant City Manager John Joerns, Director of Public Works Steve Gillett,
Assistant Fire Chief Donald Ladd, Human Resources Manager Heather Weger, Finance
Director Michael Dolby, Assistant to the City Manager Melissa Lanclos and GIS Manager
Brian Sterling.
Others Present: Adam Yanelli of Bayshore Sun, Pat Clark, Dottie Kaminski, Phillip Hoot,
Nick Barrera, Richard Warren, Mark Follis, Daryl Leonard, Orville Burgess, Susie Burgess,
David Janda, Kathryn Aguilar, Aaron Corrales, Neil Welch, Ted Powell, Barry Beasley,
Phillip Hoot, and a number of other citizens.
2. Dr. Spears was not present so the Invocation was delivered by Clark Askins.
3. Mayor Pro Tem Clausen led the Pledge of Allegiance
4. Presentations/ Proclamations
A. Mayor Pro Tem Clausen presented a proclamation for "Texas History Day".
B. Mayor Pro Tem Clausen recognized Billy Brooks of Public Works as "Employee of
the Fourth Quarter".
5. Consent Agenda
A. Council to consider approving minutes of the Regular Meeting and Workshop
Meeting for La Porte City Council held on February 23, 2009 - M. Gillett
B. Council to consider approval or other action approving Industrial District
Agreements with Heller Industrial Park entities (Ord. 2007-IDA 111 thru 2007-IDA
113) - R. Bottoms
Minutes of Regular Meeting and Workshop Meeting held on March 9, 2009
Page 2
C. Council to consider approval or other action regarding a resolution 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 - (Res. 2009-02) - R. Bottoms
D. Council to consider approval or other action regarding a resolution authorizing the
City Manager to sign grant and other documents for Speed and Intersection Traffic
Control - (Res. 2009-03) - K. Adcox
E. Council to consider approval or other action regarding an ordinance approving and
authorizing an interlocal agreement between the City of La Porte and Harris
County, for the utilization by the City of La Porte of three motor vehicles leased by
Harris County (Ord. 3126) - K. Adcox
F. Council to consider approval or other action renewing Stop Loss Coverage
contract with Unimerica - H. Weger
Motion was made by Councilmember Moser to approve the consent aqenda as presented.
Councilmember Engelken seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Mayor Pro Tem Clausen, Malone, Engelken and Rigby.
Nays: None
Abstain: None
Absent: Black, Ebow and Porter
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council- (Limited to five minutes)
Kathryn Aguilar - Ms. Aguilar noted concerns with the Town Square project. She informed
Council there was a lack of trust of city officials causing citizen concerns. Concerns
include:
Failure to maintain and insure the Pavilion.
Engaging in contract on town square project with an unqualified citizen.
Failure to eliminate conflict of interest within the organization.
Failure to balance the interest of citizens through the planning and zoning process.
Examples are the hotel on Fairmont and Bayshore Elementary relocation.
Noted she was happy to see the increased policy efforts towards ethics.
She noted that Garson Silvers was not a good citizen.
She further noted concerns with a lifestyle center in the community.
Minutes of Regular Meeting and Workshop Meeting held on March 9, 2009
Page 3
Ted Powell- Mr. Powell noted concerns with insurance of the Sylvan Beach Pavilion. Mr.
Powell advised the City he had spoken with someone who was willing to pay for repairs
and restoration of the Pavilion. He asked the City to consider the assistance if they are not
interested in the Pavilion. He noted he had been advised by an individual that they are
willing to fund hundreds of thousands of dollars to restore the pavilion. He also noted
there was no insurance on the pavilion and this was a violation of the agreement with
Harris County.
7. Council to consider approval or other action regarding an ordinance appointing various
members to Board and Commissions - (Ord. 2782-Y) - Mayor Porter
Council member Tommy Moser suggested the following appointments:
Matt Daeumer to fill the employee position.
Aaron Corrales to fill the retiree position.
Martha Gillett to fill the Alternate One position.
Assistant City Attorney Clark Askins read: AN ORDINANCE APPOINTING MEMBERS TO
VARIOUS 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.
Motion was made by Chuck Enqelken to fill the positions as recommended by Tommy
Moser. Second was made by Tommy Moser. Motion carried.
Ayes: Mosteit, Engelken, Malone, Mayor Pro Tem Clausen, Tommy Moser and Louis
Rigby.
Nays: None
Abstain: None
Absent: Black, Ebow and Porter
8. Council to consider approval or other action regarding an ordinance amending the La
Porte Code of Ordinances to prohibit the use or display of eight-liners in commercial or
business establishments with the City of La Porte and to prohibit the permitting or licensing
of eight-liners with the City of La Porte (Ord. 3127) - K. Adcox
Police Chief Adcox presented summary and recommendations and answered Council's
questions.
Assistant City Attorney read Ordinance 3127, AN ORDINANCE AMENDING CHAPTER 10
"AMUSEMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY
AMENDING ARTICLE II. "COIN-OPERATED MACHINES," TO PROHIBIT THE USE OR
DISPLAY OF EIGHT-LINERS IN COMMERCIAL OR BUSINESS ESTABLISHMENTS
WITHIN THE CITY OF LA PORTE, AND TO PROHIBIT THE PERMITTING OR
Minutes of Regular Meeting and Workshop Meeting held on March 9, 2009
Page 4
LICENSING OF EIGHT-LINERS WITHIN THE CITY OF LA PORTE AND BY AMENDING
APPENDIX-B '''FINES'' OF THE LA PORTE CODE OF ORDINANCES 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 THIS 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
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 3127 as presented by
Mr. Adcox. Councilmember Engelken seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Clausen, Engelken and Rigby
Nays: Malone
Abstain: None
Absent: Black, Ebow and Porter
9. Council to consider approval or other action of a Wellness Incentive Stipend Program - R.
Bottoms
City Manager Ron Bottoms presented summary and recommendations and answered
Council's questions.
Motion was made by Councilmember Riqby to move forward with the proiect without usinq
the insurance fund to cover the costs. Councilmember Engelken seconded the motion.
Motion carried.
Ayes: Mosteit, Moser, Clausen, Engelken, and Rigby
Nays: Malone
Abstain: None
Absent: Black, Ebow and Porter
10. Receive report on Comprehensive Annual Financial Report - M. Dolby
Paula Lowe of Patillo, Brown and Hill, LLC, C.PA presented the report on the
Comprehensive Annual Financial Report.
11. Mayor Pro-Tem Clausen closed Regular Meeting and opened Workshop Meeting at 6:50
p.m.
A. Police Chief Kenith Adcox discussed OSSI Records Management System at the
Police Department and Sergeant Matt Daeumer made a presentation and
demonstration of this system.
Council directed staff to move forward in their plans to replace the Records
Management System at the Police Department.
Minutes of Regular Meeting and Workshop Meeting held on March 9, 2009
Page 5
B. Assistant City Manager John Joerns provided an overview of the Drainage and
Flooding Projects.
C. Human Resources Manager Heather Weger discussed the Employee Policy
Manual.
Councilman Rigby suggested that the city should establish a city-wide dress policy
for common positions such as office/clerical or areas with high volume citizen
traffic.
Councilman Rigby suggested that the physical report status portion be reviewed
and noted he has concerns with providing employees with a certain number of sick
days and then penalizing them for using the sick days.
Councilman Rigby noted that page 72 and 75 wording on retiree insurance is not
consistent and should be changed to reflect the way we are administering the
program.
Councilmember Mosteit suggested portions of section 3.10 be removed, pertaining
to employees engaging in political activities while off duty.
Councilmember Malone suggested the language be reviewed concerning the
transfer of an employee from one position to another lateral position. She noted
they have to wait one year for a increase and has concerns due to other transfers
not having this same stipulation.
12. Mayor Pro-Tem Clausen closed the Workshop Meeting and reconvened to Regular
Meeting at 8:26 p.m.
13. Receive report from Fiscal Affairs Committee - Councilmember Engelken.
Chairman Mr. Engelken provided a report to City Council from the Fiscal Affairs
Committee.
14. City Manager Ron Bottoms provided Administrative Reports for the following:
Town Plaza Pavilion
City Manager Ron Bottoms informed Council of the following:
The developer Garson Silvers was not sought out by the City. He simply owned the
triangle property that the Town Plaza is being build on and that is the reason for the City
doing business with him.
Minutes of Regular Meeting and Workshop Meeting held on March 9, 2009
Page 6
The City is not currently making lease payments on the Alamo building until such time it is
finished being renovated. The reason for leasing to the Art League is to promote the arts
and they will be giving deliverables back to the City in return.
The amount of money loaned to Garson Silvers is $150,000.00 in a collateralized loan for
six months. If he doesn't make his loan payments, the City has the building as collateral.
Pavilion - The reason for not having flood insurance on the building was due to its
elevated structure. The previous Risk Manager made this decision based upon
information and discussion with the insurance carrier. The flood damage was $45,000.00.
FEMA should reimburse the City for this amount. There was insurance on the building,
just not flood insurance.
The City will be meeting with Harris County to discuss the Pavilion.
National League of Cities Conference - March 13-18 - Washington, D.C.
Drainage and Flooding Committee Meeting - March 23, 2009 - 5:00 p.m.
City Council Meeting - March 23, 2009
Mr. Bottoms noted there would be a presentation to the Texas Independence Relay team
at the next Council meeting.
14. Council Comments - Engelken, Mosteit, Rigby, and Malone.
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff requiring a statement of specific factual information for a recitation
of existing policy
15. Executive Session. pursuant to provision of the open meetings law, chapter 551.071
through 551.076, 551-087, Texas government code (consultation with attorney,
deliberation regarding real property, deliberation regarding prospective gift or donation,
personnel matters, deliberation regarding security devices, or excluding a witness during
examination of another witness in an investigation, deliberation regarding economic
development negotiations)
A. 551.072 (Deliberation regarding purchase,
exchange, lease or value of real property)
Meet with City Manager and
City Attorney to discuss Block
1032 and 1149, Town of La
Porte
B. 551.072 (Deliberation regarding purchase
Exchange, lease or value of real property)
Meet with City Manager and
City Attorney to discuss
Minutes of Regular Meeting and Workshop Meeting held on March 9, 2009
Page 7
~
J;?' 551.073 (Deliberation regarding a negotiated
/C~ntract for a prospective gift or donation to the
City)
Happy Harbor site
Meet with City Manager and
City Attorney to discuss
the Port of Houston
Council retired to Executive Session at 8:40 p.m.
Council returned to the table at 8:53 p.m. with no action taken in Executive Session.
Council reconvened the Regular Meeting at 8:54 p.m.
16. Considerations and possible action on items considered in executive session.
Received a report from City Manager Ron Bottoms and gave direction on blocks 1032 and
1149.
Received report from City Manager Ron Bottoms on Happy Harbor site.
Received report from City Manager Ron Bottoms and gave direction on receiving of gift
from Port of Houston.
17. There being no further business, the meeting was duly adjourned at 8:54 p.m.
r::m~;#~
Martha Gillett, TRMC, CMC
City Secretary
~\l'~ day of March 2009.
Mayor Alton E. p~er
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Requested By: Stephen L. Barr
urce of Funds:
Capital Improveml'nt
Department: Parks & Recreation
Acc't Number:
01 S-9892-961-11 00
Report: -LResolution: _Ordinance:_
Amount Budgeted:
5176,S00
Exhibits:
Bid Tabulation Scaled Bid #090 II
Amount Requested:
5124.175
ExhibIts:
Bidder's List
Bud .eted Item:
YES X
NO X
Exhibits:
SUMMARY & RECOMMENDATION
Sealed Bid #090 II for various roof repairs to park buildings in the City of La Porte was sent to seven
\endors. Bids were opened on March 11. 2009 with six vendors responding. llnited Rooting & Sheet Metal,
Inc. submitted the low bid meeting specifications. for Items 1 through 4. totaling S92.378 for roof repairs for
Evelyn Kennedy Civic Center. the La Porte Recreation & Fitness Center, Little Cedar Bayou Park Pool
Buddmg. and the Jennie Riley Recreation Center. Item 5 low bid. for Charles Walker Annex was submItted by
Jaco Construction in the amount of $15,384, and a low bid for replacement of plywood decking of S3.50
according to the specifications pro\'ided. Since the majority of the expected plywood repairs are at Charles
Walker. it is In the best interests of the City to split the total bid between United Rooting & Sheet Metal, Inc.
and Jaco Construction as outlined above with a "not to exceed" price to Jaco for plywood decking at Charles
Walker at S10.500 (maximum 3.000 sq. tl (fli $3.50). With the addition ofa five percent contingency 01'$5.913.
the total funding required is $124,175.
Staff recommends acceptance of the low bid from Cnited Rooting & Sheet Metal, Inc. for Items 1
through 4, totalmg $92,378. for roof repairs for Evelyn Kennedy Civic Center, the La Porte Recreation &
Fitness Center. Little Cedar Bayou Park Pool Building, and the Jennie Riley Civic Center: and Jaco
Construction for low bid for Item 5 for roof repair in the amount of S 15,384, and a "not to exceed" bid of
S I 0.500 fix replacement of plywood decking at Charles Walker Annex according to the specifications provided.
Action ReQuired bv Council:
ConSIder award of bid to {rnited Rooting & Sheet Metal, Inc. jor Items I through 4, totaling $92,378.
!()r roof repairs for Evelyn Kennedy CiVIC Center, the La Porte Recreation & Fitness Center, Little Cedar Bayou
Park Pool Building. and the Jennie Riley CiVIC Center; and Jaco Construction for low bid for Item 5 in the
amount of S 15,384. and a "not to exceed" bid of $1 0.500 for replacement of plywood decking at Charles Walker
Annex according to the specifications provided, and contingency for total price of $124.175.
Approved for City Council A2enda
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Bidder's List
Sealed Bid #09011 - Various Roof Repairs
Jaco Roofing
415 S. Hwy 288 Business
Clute, TX 77531
Oates Industries
2900 East X
La Porte, TX 77571
Gage Roofing
701 Genoa
South Houston, TX 77587
Roof USA
1218 Executive Dr. West
Richardson, TX 75081
S.T.S.P.
9430-A Lambright Rd.
Houston, TX 77075
Diversified Roofing
497 EI Dorado Blvd.
Webster, TX 77598
Monument Constructors
PO Box 22497
Beaumont, TX 77720
Bayshore Sun
Publish Dates:
February 22, 2009
March 1, 2009
Chamber of Commerce
i nfo-lpcc@laportechamber.org
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Stephen L. Barr
Appropriation
Agenda Date Requested: March 23
Source of Funds:
Fund 01 ')
Department:
Parks & Recreation
J
Acc't ;\i umber:
015-9892-961-1100
015-9892-964-1100
Report: -LResolution: _Ordinance:_
Amount Budgeted:
$70.000 ($35,000 ea.)
Exhibits:
Amount Requested:
$59,493
Exhibits:
Bud 'eted Item:
YES X NO
Exhibits:
SUMMARY & RECOMMENDATION
The FY08-09 Fund 015 Capital Improvement budget included replacement playground equipment for
two parks this year, Pfeiffer Park and Seabreeze Park. Parks staff has purchased and installed the playground
equipment and park service equipment for Pfeiffer Park and is now ready to install playground equipment at
Sea breeze Park. Because the combined value of playground equipment purchases will exceed the S50,000
threshold for purchases, the purchase of equipment for Seabreeze Park requires CIty Council approval. The
equIpment was purchased separately because there was Insufficient storage space at the Parks Maintenance
facilIty for both sets at the same time.
Both of these purchases are through the Buy Board, from Miracle Recreation Equipment Company. The
PtCitTer Park purchase totaled S27.730, and the proposed Seabreeze Park purchase totals 531.763 lor a total
playground equipment expenditure of $59,493. The Seabreeze purchase includes additional park grills and trash
receptacles tor the park, which accounts for the increased price.
Staff recommends approval of the Miracle playground equipment purchase lor Seabreeze Park. from
May Recreation Equipment & Design, L.P. as a Buy Board purchase. in the amount 01'531,763.00.
Action Required bv Council:
Consider approval of the Miracle plaY/:,'found equipment purchase for Seabreezc Park, from May
Recreation Equipment & Design, L.P. as a Buy Board purchase, in the amount of $3 1.763.00, for a total annual
playground equipment cost for two parks. ofS59,493.00.
Approved for Cih' Council A2enda
~~
Ron Bottoms, City Manager
,'/Z"o'1
Date
..-.
PURCHASE ORDER
CITY OF LA PORTE
604 WEST FAIRMONT PARKWA Y
ATTN:ACCOUNTSPAYABLE
LA PORTE, TX 77571
PURCHASE
ORDER NO.
CP9016
DATE: 1/15/2009
VENDOR PHONE: (417)235-6917
VENDOR FAX: (903)832-3402
VENDOR #: 431287
VENDOR ADDRESS: MIRACLE RECREATION SHIP TO:
EQUIPMENT C
2260 PA YSHERE CIRCLE
CHICAGO, IL 60674
WAREHOUSE
WAREHOUSE
2963 NORTH 23RD STREET
LA PORTE, TX 77571
Ollr~.O. # MUS!.IL_~,~~~.~~1LL InVOJCe!i,r~c,I'(l"..e~'.(I~dCorres')on~!e.~t~e_..",_ .. '_+_ . ,.. ".'" u..,___-'=
--'.;~cQ!Jl-P!M~g!~j~~:.:~'~~ l-~-~~-c,{~~~~J2-gl~.~;,rJ-9N;#-~;'-~"-.;1;~j ',- ;c-,:.;'J~J~.Q($!T~Q;NJQAW'~~,/::,~:", .~E:..~.~COl't{FJllMEp:BX-'-'" ..-,'
02116/2009 0000011736 0111412009 DA VID W. MAY
..;:~1t~~~JIDl~f;~BSF.~,~~;:j!~~li:r~\~~~~~~,~~. ;~~~.~~;~lmtrH1~n1zFmrn~,":~:-',_::~
01598929637180 BOB WARD
'i.~~~~:~9~pFi
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1
1.00 I EA PLAYGROUND SET DUPLICATION OF WO#539539
25,612.000 25,612.00
o
2
1.00 I EA FREIGHT
2,118.0000 2,118.00
9999
BUY BOARD QUOTE
Send Original and One Copy of Invoice to:
CITY OF LA PORTE
ACCOUNTS PAYABLE
604 W FAIRMONT PKWY
LA PORTE, TX 77571
AUTHORIZED SIGNATURE ~""--/~
1.e.1 May Recreation Equipment & Design, L.P.
'\II~ (Park and playground design, supply and installation)
To: Scott Bradley Project Name: City of La Porte
Date:
3/2/2009
Customer 10:
PARD
Q1!L De scriotion
1
Miracle Tot's Choice Modular Play Structure. Duplication of WO#539539.
Includes playstructure, swingset, 40 border timbers, and ADA access ramp.
$24,800.00
5
PVC Litter Liminator With Dome Lid #1129
$3,059.00
5
Standard Park Grill #1104
$1,563.00
Freight
$2,341.00
Buy Board Pricing. Send PO to Buy Board with Miracle Recreation Equipment
as Manufacturer.
Grand Total $31,763.00
Quote valid for
30
days
Quote prepared by: 941 g'~
Notes for project: Unless otherwise noted, this quote does not include
taxes, site preparation, surfacing or installation.
Sign here to accept this quotation:
I hereby authorize Miracle Recreation Equipment Co. (c/o May Recreation Equipment &
Design, L.P.) to ship the equipment listed above for which I agree to pay the total amount
specified. Payment is due upon receipt of invoice unless otherwise specified. Non-
taxable customers will provide proper tax exemption certificate to Miracle and/or May
Recreation. Purchase orders and payments should be made payable to the order of
Miracle Recreation Equipment Co.
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March ~~
Requested By: Steve Gillett ;>JL.eee(f'
Department: Public Works
Appropriation
Source of Funds: SEW669
Account Numbel': 018-9881-669-5120
Report:
Resolution:
Ordinance: X
Amount Budgeted: $190.000
Exhibits: Bid Tabulation
Amount Requested: $190.000
Exhibits: Bidders List
Budgeted Item: YES
Exhibits: Location Map
SUMMARY & RECOMMENDATION
Sealed bids were received and opened on March 9, 2009for the annual Sewer Rehabilitation
contract. The Base Project consists of sliplinning and rehabilitation of sanitary sewers in the
Meadowcrest Subdivision. Bid requests were mailed to eleven (11) bidders with six (6)
returning bids.
This contract is a component of the City of La Porte's Sanitary Sewer Rehabilitation Program. It
will be used to supplement the in-house activities of city forces.
Overall low bid meeting specifications was submitted by North Houston Pole Line for a base bid
amount of one hundred eighty one thousand, three hundred and fifteen dollars ($181,315.00).
Staff recommends award of bid for Sewer Rehabilitation to North Houston Pole Line.
Additionally, a contingency in the amount of $8,685.00 is requested.
Action ReQuired by Council: Authorize the City Manager to execute an annual contract for Sewer
Rehabilitation to North Houston Pole Line, low bidder meeting specifications, in the amount of
$181,315.00, and authorize an additional $8,685.00 for contingency.
Annroved for City Council Aeenda
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BIDDER'S LIST
SEALED BID # 09009 - REHABILITATION OF SANITARY SEWER USING
SLlPLlNG, PIPE BURSTING AND REMOVE AND REPLACE TECHNIQUES
ALLCO.
PO Box 3684
Beaumont, TX 77704
Dobbins Services
PO Box 55546
Houston, Tx 77255
BRH Garver
5402 Lawndale St.
Houston, Texas 77023
SKE
2151 Clifford St.
Alvin, Tx. 77511
Horseshoe Construction
2309 S. Battleground Road
La Porte, Texas 77571
Mar-Con Services
PO Box 837
Deer Park, Tx 77536
Reliance Construction
4302 Almeda Genoa
Houston, Texas 77048
P.M. Construction
131 N. Richey
Pasadena, Tx. 77506
Insituform Tech (formally
Kinsel Industries)
8121 Broadway Suite 300
Houston, Texas 77087
I Sq Ft & AGC
Houston Planroom
3825 Dacoma St.
Houston, Tx. 77092
R. L. Utilities
P.O. Box 1154
La Porte, Texas 77571
Lopez Utilities Contractor
715 Minnesota St.
South Houston, Tx 77587
Reynolds In liner
4701 Decker Drive
Bay town, Texas 77520
Gajeske
2929 Antoine
Houston, Tx 77092
PM Construction
131 N. Richey
Pasadena, Texas 77506
A & A Cable Contractors
12506 Ann Ln.
Houston, Tx 77064
ADS Environmental Services
10450 Stancliff Road, Ste 115
Houston, Texas 77099
Huff & Mitchell Inc.
13626 Kluge
Cypress, Tx 77429
Amtek
4001 Sherwood
Houston, Tx. 77092
North Houston Pole Line
15410 Henry Road
Houston, Tx. 77060
Hobas Pipe USA
1413 Richey Road
Houston, Tx 77073
Bayshore Sun Publish Dates:
February 8, 2009
February 15, 2009
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 23, 2009
Requested By: Michael Dolby, CPAg--
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance
Exhibits: Excerpt from FY 2009 Adopted Budget
& Amended Budget (Exhibit A & B)
Source of Funds: N/A
ApDroDriation
Account Number: N/A
Amount Budgeted: N/ A
Amount Requested: N/ A
Budgeted Item: YES NO
Exhibits: EXDlanations / Backup for Amendment
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2008-09 Budget on August 25,2008.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2008-09 Budget. (*denotes funds with current changes)
Genera] Fund
Grant Fund
Street Maintenance Sales Tax Fund
Corrununity Investment
HotellMotel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utili ty
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Techno]ogy Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
] 998 General Obligation Bond Fund
2000 General Obligation Bond Fund
2002 General Obligation Bond Fund
2004 Certificate ofOb]igation Bond Fund
2005 Certificate of Obligation Bond Fund
2005 General Obligation Bond Fund
2006 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificate of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Previously
Original Budget Amended Budget
$ 36,382,175
1,923,528
700,000
386,575
463,749
4,339,685
1,435,775
8,689,854
217,690
23,483
1,005,288
1,324,826
2,640,159
4,575,547
],255,818
11,177,355
o
350,000
590,195
149,109
],990
86],883
34],678
73,824
2,212,267
18,021
1,640,317
o
3,345,768
463,850
750,069
$ 87,340,478
$ 36,729,007
7,181,770
738,695
388,525
503,749
4,469,935
1,435,775
8,706,059
217,690
23,483
1,005,288
1,343,101
3,018,851
4,578,049
1,333,448
11,181,965
o
350,000
590,195
]49,109
],990
86],883
341,678
73,824
2,212,267
18,021
1,640,317
o
3,345,768
463,850
750,069
$ 93,654,361
Proposed
Amended Budget
$ 36,729,007
7,198,681 *
738,695
388,525
503,749
4,469,935
1,435,775
8,706,059
217,690
23,483
1,005,288
1,343,101
3,018,851
4,578,049
1,333,448
11,181,965
o
350,000
590,195
149,109
],990
861,883
341,678
73,824
2,2]2,267
18,021
1,640,317
o
3,345,768
463,850
750,069
$ 93,671,272
Action Reauired bv Council:
Adopt Ordinance Amending Fiscal Year 2008-09 Budget in the Grant Fund for $]6,761.10 received from the sale of
guns that were in the property room and $150 for a donation for the K-9 Unit from the Friendship Class of First
United Methodist Church.
Approved for City Council Agenda
~~
Ron Bottoms, Ity Manager
~r/f-07
Date .
ORDINANCE NO. -' f). t(
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2008, through September 30, 2009, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 25, 2008, and a public hearing scheduled for August 25. 2008 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B". as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2008, through September 30.2009.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Govemment 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 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the &~~y of :ill MC hJ , 2009.
~=~EXAS
~~~~\~
Alton Porter, Mayor '
ATTEST:
~~~
Martha Gillett, City Secretary
APPROVED:
(4Jt -r.~
Clark Askins. Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 08-09 FY 08-09
Revenues Expenses
Governmental Fund Types:
General Fund 33,724,383 36,382,175
Grant Fund 1,923,528 1,923,528
Street Maintenance Sales Tax 786,440 700,000
Community Investment 264,701 386,575
HotellMotel Occupancy Tax 583,575 463,749
Section 4B Sales Tax 1,647,506 4,339,685
Tax Increment Reinvestment 1,519,774 1,435,775
Total Governmental Types 40,449,907 45,631,487
Enterprise:
Utility 8,369,944 8,689,854
Sylvan Beach 207,601 217,690
Airport 52,995 23,483
La Porte Area Water Authority 1,226,202 1,005,288
Golf Course 1,202,679 ] ,324,826
Total Enterprise 11,059,42] 1],261,141
Internal Service
Motor Pool 2,107,688 2,640,159
Insurance Fund 3,945,027 4,575,547
Technology Fund 948,623 1,255,818
Total Internal Service 7,001,338 8,471,524
Capita] Improvement:
General ]0,684,213 11,l77,355
Utility 192,000
Sewer Rehabilitation 304,927 350,000
1998 GO Bond Fund 7,000 590,195
2000 GO Bond Fund 149,109
2002 GO Bond Fund 1,990
2004 C/O Bond Fund 861,883
2005 C/O Bond Fund 1,400 341,678
2005 GO Bond Fund 73,824
2006 C/O Bond Fund 5,000 2,2 I 2,267
2006 GO Bond Fund 2,500 18,021
2007 C/O Bond Fund 10,000 1,640,3 I 7
Other Infrastructure 17,282
Total Capital Improvement 11,224,322 17,416,639
Debt Service:
General 3,276,016 3,345,768
Utility 104,705 463,850
La Porte Area Water Authority 750,069 750,069
Total Debt Service 4,130,790 4,559,687
Total All Funds 73,865,778 87,340,478
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 08-09 FY 08-09
Revenues Expenses
Governmental Fund Types:
General Fund 33,724,383 36,729,007
Grant Fund 7,198,681 7,198,681
Street Maintenance Sales Tax 786,440 738,695
Community Investment 264,701 388,525
Hotel/Motel Occupancy Tax 583,575 503,749
Section 4B Sales Tax 1,647,506 4,469,935
Tax Increment Reinvestment 1,519,774 1,435,775
Total Governmental Types 45,725,060 51,464,367
Enterprise:
Utility 8,386,149 8,706,059
Sylvlln Beach 207,601 217,690
Airport 52,995 23,483
La Porte Area Water Authority 1,226,202 1,005,288
Golf Course 1,211,704 1,343,101
Total Enterprise 11,084,651 11,295,621
Internal Service
Motor Pool 2,110,144 3,018,851
Insurance Fund 3,945,027 4,578,049
Technology Fund 973,623 1,333,448
Total Internal Service 7,028,794 8,930,348
Capital Improvement:
General 10,684,213 11,]8],965
Utility 192,000
Sewer Rehabilitation 304,927 350,000
] 998 GO Bond Fund 7,000 590,195
2000 GO Bond Fund ]49,109
2002 GO Bond Fund 1,990
2004 cia Bond Fund 861,883
2005 CIO Bond Fund ],400 341,678
2005 GO Bond Fund 73,824
2006 cia Bond Fund 5,000 2,212,267
2006 GO Bond Fund 2,500 ]8,02]
2007 cia Bond Fund 10,000 1,640,317
Other Infrastructure ]7,282
Tota] Capita] Improvement I ] ,224,322 17,421,249
Debt Service:
General 3,276,016 3,345,768
Ctility 104,705 463,850
La Porte Area Water Authority 750,069 750,069
Total Debt Senice 4,130.790 4,559,687
Tota] All Funds 79,193,617 93,671,272
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Collins, Gay
From:
Sent:
To:
Subject:
Bedford, Michelle
Friday, January 23, 2009 2:27 PM
Collins, Gay
FW: Donation K-9 Unit
Gay - Please advise as to what account I need to put this into.
Thanks,
~f!1~
From: Bedford, Michelle
Sent: Friday, January 23,20091:48 PM
To: Adcox, Kenith; Parker, Ron
Subject: Donation K-9 Unit
The donation in memory of Morris Covin for K-9 Unit in the amount of $150.00 by the Friendship Class of First United
Methodist Church was received today.
1IfIeUte ~
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4<<. ~Mte 'PJiee 't>~
tlt-t4Z-31,}()
tlt-47()-1590 (Iul
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Collins, Gay
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(Y\.(V1eY\./ cr J' ...' . ,
( c/.ML (Yia;lrdA- I;)ilv )
From:
Sent:
To:
Subject:
Bedford, Michelle
Tuesday, March 03, 2009 10:41 AM
Collins, Gay
FW:
Did you do any adjustment on this so we can do an expenditure?
Michelle Bedford
5d'58- ().D I ~
-----Original Message-----
From: Collins) Gay
Sent: Wednesday) January 28) 213139 9:53 AM
To: Bedford) Michelle
Subject: RE:
It is done.
For the $1513) the account number is 1332 881313-418-1311313 project# PDK-89.
-----Original Message-----
From: Bedford) Michelle
Sent: Wednesday) January 28) 21389 9:13 AM
To: Collins) Gay
Subject: RE:
Sorry for the delays.
Can I do those requisitions today?
Michelle Bedford
-----Original Message-----
From: Collins) Gay
Sent: Wednesday) January 28) 28139 9:12 AM
To: Bedford) Michelle
Subject: RE:
Thanks
-----Original Message-----
From: Michelle Bedford [mailto:bedfordm@laportetx.gov)
Sent: Wednesday) January 28) 213139 8:84 AM
To: Collins) Gay
Subject:
This E-mail was sent from "RNPB932CE" (Aficio MP C45ee).
Scan Date: 131.28.213139 89:83:55 (-1351313)
1
G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
03-23-09
Bud2et
Requested By: Kpn Af'lI'OY
Source of Funds:Police Building Funds
Department: Polil:e
Account Number: 04698929043208
Report:
Resolution:
Ordinance: XXX
Amount Budgeted: $277,69900
Exhibits: ILA and Contracts
Amount Requested: $277,69900
Exhibits:
Budgeted Item: YES NO
Exbibitli
SUMMARY & RECOMMENDATION
As discussed during the March 9, 2009 Council Meeting Workshop, 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. After a presentation and discussion on our proposed system, aSSI, during the
Council Workshop, staff was directed to proceed with this project.
Since the system being requested is offered by Sungard / HTE, which is the software provider for the City's current
system, the system conversion is being treated as a system up-grade. Additionally, this conversion is made possible via
the League City Consortium, which is the only available records management consortium of this nature serving our
region. By joining the League City Consortium, we will be utilizing the software and sever hardware provided through
the Consortium. As such, the City is required only to purchase applicable licenses and localized hardware, rather than
individual software modules/applications and required data servers, resulting in a very substantial cost savings to the City.
As discussed during the workshop, to obtain reduced pricing, the City of La Porte must contractually commit to purchase
this system before March 31, 2009 of this fiscal year (full payment due within 90 days of signing contract). The total cost
of the aSSI conversion, including all required software, licenses, implementation fees as well as required hardware,
would be $277,699.00 for the current fiscal year. The funds required for this conversion are available through the Police
Building Fund, which has a current balance of~8'7,()~. .J ~Cf'I.I, 3'7'1
The implementation of the new aSSI system will require the City to enter into several purchase, service, and maintenance
agreements over the course of the project's implementation and to incur regular annual maintenance and service fees. As
full system conversion is expected to take several months, additional service and maintenance fees may, however, be
incorporated into the regular budget beginning next fiscal year (09-10).
Action Required bv Council:
As described above, approve the joining of the League City aSSI Consortium and the purchase of all system licenses,
so re, hardware, etc. required to convert the City's current Sungard HTE Records Management System to the above
escri ed Sungard aSSI Records Management System. Grant the City Manager the authority to execute all contracts and
ts with the project in question.
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La Porte Police Department
3001 North 23rd Street
La Porte, Texas 77571
281-471-3810 Fax: 281-470-1590
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February 18, 2009
To: Chief Adcox
From: Sgt. M. Daeumer
Subject: OSSI
Our current Police Records Management and Computer Aided Dispatch System is a product
named H.T.E C.R.I.M.E.S and CAD 6. This system is provided by Sungard Public Sector. We
have been using this system since the late 1990's. We did not purchase all of the software
modules available, so the system is not user friendly nor is it a force multiplier. By this, I mean
that it does not make a Police Officer's job easy. We are unable to use our system to its fullest
potential and over the past six months we have come to realize that this system will not provide
us with statistical information that we need to move forward as an organization. It will also not
produce accurate U .C.R. Data.
On August 20,2008 we went to Missouri City Police Department to demo their H.T.E. system.
They have several more modules than our system, such as Mobile Data Browser, Automatic
Vehicle Locator(A.V.L.) and Report Writer. They use their system to its fullest potential and it
does everything they need it to do. This includes statistical crime analysis and accurate mapping.
To make our system comparable to theirs would cost approximately $200,000 and our current
maintenance fees are approximately $50,233.
On January 21, 2008, we received a letter from Sungard Public Sector, the parent company of
H.T.E. This letter advised that about half of their clients use the NaviLine CADI AS400 and the
use of the OSSI Windows Based Platform has greatly increased. It further states that fewer than
10 percent oftheir clients employ the CAD IV N 16 software and they have re-evaluated their go-
forward strategy for the product line. After careful consideration, the company has announced
that they will no longer provide product enhancements for the CAD 6 software after October of
2009. Also, as of January 1,2012 they will no longer provide maintenance and support for CAD
6. This has left us with two options for moving forward with Sungard Public Safety. We can
either upgrade our system to OSSI or we can downgrade our system to NaviLine CAD/AS400.
Both options involve significant expense.
Along with the letter referenced above, Sungard Public Sector provided a quote to upgrade to a
basic OSSI system for $768,833, if we executed a contract by October 3 1,2008, that price would
be discounted to $509,660.
On November] 8, 2008 ] went to Webster Police Department for a demonstration of their aSS]
system. The demonstration was put on by Sungard Public Safety and Ryan Smith of the League
City Police Department. This system uses state of the art windows based software. It includes
Ron Bottoms
City Manager
Kenith Adcox
Chief of Police
CAD, Records Management, A VL, Property, Jail Booking with live scan fingerprints, Mobile
Dispatch and Reporting, K-9, Automated Ticket Writer and numerous investigative tools. This
is a map based system and is capable of dissecting the City into layers, such as districts, sub-
districts, beats and reporting areas. The League City system is being put together as a
consortium of the Houston Bay Area. League City, Webster, Nassau Bay, Alvin and
Friendswood are current members. La Porte and Deer Park are in the process of negotiating to
join the consortium. The benefits to this arrangement are as follows:
· League City has already purchased all of the OSSI modules, so we would only have to
purchase software licenses and related hardware.
· League City maintains the servers, so we would no longer have to lease the IBM server or
maintain it.
· League City and Webster have already built statistical reports, so we will have instant access
to all information that we need. Any additional/specific reports can be generated to meet our
specifications if not already built in.
· All of the consortium's data is stored on a central server, so anytime you search a name or an
address in one system, it searches all of them.
· The servers are located at South Shore Harbor in a hardened facility that is designed to
withstand a Category 5 hurricane and 35 foot storm surge. There are two generators on sight
with 10,000 gallons of fuel. There will also be redundant fiber connections to the servers and
OSSI is creating a NeverFail system that will be located off site.
· If for some reason a member city loses its CAD site, you can log on at any other member city
and continue to dispatch.
· The conversion from HTE to OSSI has been successfully completed several times by
Sungard, so we will know what to expect. We should be able to go live with the new system
within 5 months of executing a contract, if not sooner.
· There is a huge information advantage. Member cities can view real time information from
each others systems from any authorized terminal.
· This system is compatible with La Porte EMS's Oritvus software and La Porte Fire Dept.'s
Firehouse software. O.S.S.1. will not replace their software, it will merely allow Fire and
EMS access to all data that is in CAD and CAD will automatically pull call data into their
systems. It will also link to the Municipal Court's INCODE software and they are looking
into the feasibility of an interface with Brazos Tech. This will enhance the functionality of
all Emergency Services and the Municipal Court.
This system is a force multiplier. It will enable data to be directly entered into the system, so
records clerks will not have to reenter data several times. It will make every officer's,
supervisor's and employee's job easier, so they can concentrate on more important tasks. This
system will bring us into the 21 st Century of Law Enforcement Technology. Sungard Public
Safety is currently working on an improved total system called One Solution and this will be a
free upgrade for OSSI users.
I have secured a quote to get a stand alone OSSI System comparable to what the consortium can
offer. It is $970,720 with an annual maintenance fee of $111,457. There would also be an
additional hardware cost of approximately $75,000 to $100,000.
The software quote to join the consortium is $394,453, but if we can execute a contract before
March 31, 2009, there is a 50% discount on software licenses and a 50% discount on next years
maintenance fees. The total price due for software licenses is $142,738 which includes software
for Fire and EMS. This fee must be paid within 90 days of the execution of the contract. The
annual OSSI maintenance fees are $55,990 and will be due on October 1, 2009. Below I have
broken down all of the quotes along with additional hardware and fees we will require.
If we execute a contract for O.S.S.1. by March 31, 2009 our total install price, including
hardware, will be $262,699. There will be monthly fees of $4,311 for fiber connectivity and
cellular air time. The total annual maintenance fees will be $71,240.
It is my recommendation that we move forward with this project immediately. We have talked
about seeking this funding in the 2009/2010 budget year, but if we execute a contract 7 months
early, we will save $198,727 in software license fees and maintenance fees. This system will
fully integrate all La Porte Emergency Services and will give each employee more time to
provide service to the Citizens of La Porte. If you choose to move forward, I can set up a
demonstration for all interested parties in the near future.
Respectfully submitted,
Sgt. Matt Daeumer
Appendix
A. List of all anticipated expenses.
B. O.S.S.I Software Budgetary Quote
C. O.S.S.I. Hardware Budgetary Quote
D. O.S.S.I. stand alone Budgetary Quote
E. League City VCR Report for 2008
F. League City Calls for Service Report for 2008
Anticipated Expenses
OSSI Software Licenses
Police Department 131,978
EMS 4,035
Fire Department 6.725
Subtotal 142,738
OSSI Implementation Fees 52.988
Subtotal 52,988
OSSI Hardware
Police Department 28.545
Subtotal 28,545
Police Department Hardware
20 Laptops 28,000
1 CAD Station 2,500
] 0 22" Monitors 3,000
1 workstation/phone room 1,200
46 A VL Pucks 2.528
Subtotal 37,228
Additional Software
3 Crystal Reports 1.200
Subtotal ] .200
Total Install 262,699
Monthly Fees
Phonoscope Fiber ],500
55 Sprint Air cards/time 2,8]]
Total 4,311
Annual Maintenance Fees
aSSI Police Department 52,547
aSSI EMS ],29]
aSSI Fire Department 2,] 52
Brazos Tech. Interface 250
Consortium 15,000
Total 71,240
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 23.2009
Budl!et
Requested By: Heather Weger
Source of Funds:
Department:
Human Resources
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Policy Manual
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
The changes requested to be made by City Council at the March 91h meeting arc highlighted in green. Additional
changes suggested by the attorney are highlighted in red.
Action RCQui.'cd bv Council:
Adopt Employee Policy Manual
'$ r(l-()CJ
Date
ORDJ:NAIICB NO. ~/~4
AN ORDINANCB ADOPTJ:NG TO CITY OF LA PORTB DPLOYBB POLJ:CJ:BS
HANDBOOK DATBD April 1, 2009, PROVJ:DJ:NG A SBVBRABJ:LJ:TY CLAtJSB,
FIHDDlG COMPLIANCB WITH TO OPBH IIBBTJ:RGS LAW, ABD PROVJ:DJ:RG All
EFFBCTIVE DATB HBRBOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
adopts the !lCity of La Porte Employee Policies Handbook" dated
April 1, 2009, a true and correct copy of which is attached to this
Ordinance as Exhibit "A", incorporated by reference herein, and
made a part hereof for all purposes.
Section 3. The City of La Porte Employee policies Handbook
hereby adopted, shall supersede all previous City of La Porte
Personnel Policy Manuals and city of La Porte Employee Policies
Handbooks heretofore adopted by the City Council of the City of La
Porte, on its effective date of April 1, 2009.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
or the City of La Porte Employee Policies Handbook hereby adopted,
shall for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, or said Employee
Policies Handbook, 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 4.
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 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered. The City of La
Porte Employee policies Handbook adopted by this Ordinance, shall
be effective from and after April 1, 2009.
PASSED AND APPROVED, this 23rd day of March, 2009.
~y. 0 OFF L LA, PORTE
~~y~
Alton E. Porter
Mayor
By:
ATTEST:
'-fJ1 atttd- tl. ,p(fL/:t
Martha A. Gillett
City Secretary
APPROVED:
~-r~
Clark T. Askins
Assistant city Attorney
2
City of La Porte
EMPLOYEE POLICIES HANDBOOK
Effective March 30,2009
SEVERABILITY CLAUSE
In the event any section of provision of these personnel policies is found to be unconstitutional,
void, or inoperative by the final judgment of a court of competent jurisdiction, such defective
provision, if any, is hereby declared to be severable from the remaining sections and provisions
of those policies, and such remaining sections or provisions shall remain in full force and effect.
Issued this
23nA
,20 ~q .
Approved by the City Council of the City of La Porte, Texas this 2-3 ~ day of JJl1Lvth ,
20 e~
~l~~
Alton Porter, Mayor
City of La Porte
ATTEST:
L1J7 J;,UL pflll
Martha Gillett, City Secretary
City of La Porte
EMPLOYEE STATEMENT
I, acknowledge that I have received the City of La Porte Personnel
Policy Manual effective March 30, 2009, and I agree to read it and to comply with it and any
other rules and policies of the City. I understand that violating the policies and rules set out in
this handbook may lead to disciplinary action up to and including termination.
I understand that these policies and/or any other policies or manuals used by the City of La
Porte are guidelines for use by employees and are not intended nor do they create an
employment contract for any specified length of time, or any other type of obligation binding on
the City.
Additionally, I understand that neither the contents of these policies nor any statements made to
me now or in the future constitute an employment contract. I further understand that the final
interpretation and application of these policies is within the sole and exclusive discretion of the
City.
Employee Name (please print)
Employee Signature
Date
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TABLE OF CONTENTS
Section Paae
Chapter One General Provisions
1.01 Introduction 1
1.02 Purpose 2
1.03 At-Will Employment 2
Chapter Two Employment Appointments
2.01 Equal Employment Opportunity 3
2.02 American with Disabilities Act 3
2.03 Application Process 3
2.04 Promotions 5
2.05 Transfers 5
2.06 Demotions 6
2.07 Appointments 6
2.08 Introductory Employment Period 7
2.09 Nepotism 9
2.10 Eligibility for Rehire 10
2.11 Performance Evaluations 10
2.12 Residence 10
Chapter Three Standards of Conduct
3.01 Introduction 11
3.02 Personal Appearance 11
3.03 Ethics 11
3.04 Violations of Policies/Acts of Misconduct 11
3.05 Financial Responsibility of Employees 12
3.06 Suspected Misconduct and Dishonest Policy 13
3.07 Conflicts of Interest 15
3.08 Gifts 15
3.09 Outside Employment 16
TABLE OF CONTENTS
Section
3.10 Political Activity 16
3.11 Solicitations 16
3.12 Personnel Records Access 17
3.13 Confidential Information 17
3.14 Tobacco Use Policy 18
3.15 Gambling 18
3.16 Harassment in the Work Place 18
3.17 Workplace Violence 19
3.18 Weapons Policy 19
3.19 Searches 19
3.20 Use of City Vehicles 20
3.21 Use of City Equipment/Property 21
3.22 Cell Phone Usage 22
3.23 I nternet Usage 22
Chapter Four Drug and Alcohol Policy
4.01 Purpose 25
4.02 Scope 25
4.03 Policy 25
4.04 Education 26
4.05 Prohibited Activities 26
4.06 Discipline 27
4.07 Drug and Alcohol Testing of Job Applicants 28
4.08 Testing of Employees and Contract Employees 28
4.09 Appeal of a Drug or Alcohol Test Result 29
4.10 Employee Assistance 30
4.11 Inspections and Searches 31
4.12 Confidentiality 32
4.13 Definitions 32
TABLE OF CONTENTS
Section
Chapter Five Discipline Process
5.01 General Provisions 34
5.02 Basis for Disciplinary Actions 34
5.03 Types of Disciplinary Actions 35
5.04 Review of Disciplinary Actions 36
Chapter Six Employee Complaints and Appeal Process
6.01 Right to Appeal 37
6.02 Oral Discussion 37
6.03 Appeal Procedure 37
6.04 Texas Whistle Blowers Act 37
Chapter Seven Attendance and Leave Policy
7.01 Attendance and Work Hours 38
7.02 Excused Absence 39
7.03 Unexcused Absence 39
7.04 Repeated Unexcused Absences 39
7.05 Inclement Weather 40
7.06 Holidays 40
7.07 Vacation 41
7.08 Sick Leave 42
7.09 Family Medical Leave Act 43
7.10 Workers' Compensation 45
7.11 Administrative Leave 45
7.12 Leave without Pay 45
7..13 Bereavement Leave 46
7.14 Jury Duty 46
7.15 Military Leave 47
TABLE OF CONTENTS
Section
Chapter Eight Employee Wage and Benefits
8.01 Position Classification 49
8.02 Salary Administration 49
8.03 Method of Payment 49
8.04 Benefits Eligibility 49
8.05 Texas Municipal Retirement System 49
8.06 Retiree Medical Benefits 50
8.07 Short Term Disability 53
8.08 Long-Term Disability 53
8.09 Workers' Compensation Insurance Program 53
8.10 Uniforms 53
8.11 Overtime Pay 53
8.12 Standby Pay 55
8.13 Longevity Pay 55
8.14 Education Reimbursement 56
8.15 Certification Pay 56
8.16 Bilingual Certification Pay 56
8.17 Emergency Pay Policy 57
Chapter Nine Employee Safety
9.01 General Safety 62
9.02 Job Injuries 62
9.03 Hazard Reporting 62
9.04 Incident and Claims 62
Chapter Ten Termination of Employment
10.01 Voluntary Terminations 63
10.02 Exit Interview 64
10.03 Separation Pay 64
Glossary 66
CHAPTER ONE
GENERAL PROVISIONS
1.01 Introduction
This Employee Policies Handbook is intended provide information about the main features of
the City of La Porte's employment policies, benefits and their application to individuals
employed with the City.
This policy manual is a guide, and not a binding legal document. The City of La Porte reserves
the right to modify, revoke, suspend, terminate, or change any or all such policies and practices,
in whole or in part, at any time, with or without notice.
The City Manager is vested with the general authority and responsibility for the conduct and
administration of municipal affairs. This authority does not supersede matters of appointment
reserved to the City Council by City Charter provisions. The City Manager, or designated
appointee, is responsible for appointments to all positions and the establishment and
maintenance of standards of efficiency. Final authority in the form of review, approval and
interpretation is reserved by the City Manager with regard to all matters of subjects covered by
these policies.
These personnel policies shall apply to all City employees except where these policies may be
in conflict with federal, state, or local legislation. Supplemental rules for all City departments
may be developed within the respective departments so long as these departmental policies do
not conflict with City personnel policies and procedures. These policies relate only to matters of
personnel management and do not include any departmental procedures, standard practices,
standing orders or other technical matters.
The City of La Porte Civil Service Commission regulates all classified Civil Service personnel in
the Police Department and shall apply in case of any conflict with the City of La Porte Employee
Policies Handbook. Where Civil Service policies are silent, the City of La Porte Personnel
Policies shall apply.
All City employees upon employment will be provided with a copy of these policies. City
employees will sign a form acknowledging receipt of these policies and such form will become a
part of the employee's official employment record.
This policy manual supersedes any and all previous personnel policy manuals approved or
utilized by the City of La Porte and becomes effective March 30,2009.
1
1.02 Purpose of Personnel Policy Handbook
The City of La Porte's personnel policies are designed to bring to the City's service a high
degree of understanding, cooperation, efficiency, and unity through systematic, uniform
application of personnel policies and practices. The principal objectives of the City's personnel
management system include the following:
The objectives of the personnel policies are as follows:
. To promote good, aOO uniform and effective personnel practices as well as uniform
administration in the management of the City's human resources.
. To attract and retain qualified employees, and to provide such employees opportunities
for professional growth so that they may serve the citizens of the city to the best of their
ability.
. To provide equitable and adequate compensation based upon individual merit and the
relative duties and responsibilities of positions in the service of the City.
. To promote high morale by the consistent administration of this chapter, and to protect Gf
the rights and interests of all employees.
1.03 At-Will Employment
Employment with the City is for no fixed or definite term. All employment by the City has been
and continues to be at-will, except for those positions that may have a written contract approved
by the City Council. The policies contained in the Employee Policies Handbook are not
intended to create, nor are they to be construed to constitute, a contract between the City of La
Porte and its employees. Nothing contained in these policies shall create an entitlement to, or
property interest in, continued employment with the City. In that regard, both the employee
and/or the City have the right to terminate employment at any time, with or without notice, and
with or without cause.
2
CHAPTER TWO
EMPLOYMENT AND APPOINTMENTS
2.01 Equal Employment Opportunity
The City of La Porte maintains policies and practices of Equal Employment Opportunities for all
applicants and employees. The City does not discriminate on the basis of race, color, religion,
sex, national origin, ancestry, age, disability, or veteran status.
This policy applies to all areas of employment including recruitment, hiring, training, promotion,
retention, compensation, benefits, transfer, and discipline. Any incident of discrimination
should be reported to the employee's supervisor, division manager, department director, or
human resources. Human Resources is responsible for investigating the matter.
2.02 Americans with Disabilities Act
To ensure compliance with the Americans with Disabilities Act, the City offers equal
employment opportunity to qualified individuals and strictly prohibits discrimination against
qualified individuals on the basis of disability.
The City will provide a reasonable accommodation to the known physical or mental impairments
of an otherwise qualified individual with a disability if such reasonable accommodation will
enable the individual to perform the essential functions of the position at issue. The City will not
deny employment opportunities on the basis of the need to provide reasonable accommodation
to the individual's physical or mental impairments, unless it would cause an undue hardship to
the City, or constitute a threat to the safety of the disabled person or other persons.
Employees who have a complaint involving potential violations of the Americans with Disabilities
Act, including but not limited to harassment, discrimination, or failure to provide a reasonable
accommodation, must immediately report such complaint by following the chain of command.
2.03 Application Process
The City hires employees based solely on their knowledge, skills and abilities, experience, and
other qualifications as they relate to the duties and responsibilities of a position without regard to
race, national origin, religion, color, sex, age, citizenship, political affiliation, disability, or any
other characteristic protected by law.
Recruitment Reauirements
The recruitment process is initiated by a Department Director or their designee by submitting an
Employee Requisition Form to Human Resources. Job vacancies will be posted at the
requested sites as well as on the City's website and other sites throughout the City.
After making a decision to hire, the hiring department must submit the Prospective Employee
Form to Human Resources. Offers for City employment will be communicated by Human
Resources upon receipt of the hiring recommendation from the applicable department and all
related paperwork.
3
ADDlications
Anyone seeking employment, promotion, transfer, or reemployment with the City must complete
and submit an official City application for the position desired. All information set forth on an
application is subject to verification. Applications will normally be considered active until the
vacancy is filled. Applications for employment will be considered by the Department Director or
their designee.
Hirina Process
Applicants will be required to submit to an oral interview, a post-offer physical examination, drug
and alcohol screening, as well as a background investigation. A written exam may also be
required for certain positions. A credit check may be required for positions involving financial
transactions. A driving record check may also be required for employees whose position
requires driving a city vehicle.
DisQualification
Applicants may be disqualified from consideration for one or more of the following reasons:
. Failure to meet the minimum qualifications necessary for performance of the duties for the
position;
. If the applicant previously worked for the City and was terminated, or resigned in lieu of
termination, due to unsatisfactory performance or conduct and/or violation of a City policy or
procedure;
. If their employment will result in a violation of the City's Nepotism Policy;
. False statements or material omissions on the application form or during the application
process;
. Failing any of the City's employment requirements including, but not limited to, drug testing;
. The applicant commits or attempts to commit a fraudulent act at any stage of the selection
process;
. The applicant is not legally permitted to work in the United States;
. The applicant failed to meet the posted deadline for filing an application
. The applicant has been convicted of a crime which could result in that applicant's
employment being detrimental to the integrity of the City's service
· The applicant applied for a position which requires operation of a motor vehicle and has an
unsatisfactory driving record or an invalid driver's license, or the applicant lacks the required
type of driver's license for the position sought.
· Any other reason deemed to be in the best interest of the City
4
2.04 Promotions
It is the City's goal to encourage professional growth among its employees through promotional
opportunities when available. City employees that meet the qualifications of the posted position
may be given preference in the application and selection process.
The following procedures apply to promotions:
1. Departments notify Human Resources of all existing and anticipated vacancies
by filling out the Employee Requisition Form.
2. Human Resources posts the vacancies by sending job announcements to
posting sites located throughout the City
3. All applications must be received and processed through Human Resources in
order to be considered
When, in the course of the normal budget process, a currently filled position will no longer exist,
but will be replaced with a position having a higher classification, the employee in the former
position may be promoted to the new grade level without the formal hiring process.
Temoorarv Promotions
The City Manager may authorize a temporary promotion if a position is vacant or its regular
incumbent is absent. Temporary promotions are for a specific period of time as determined by
the City Manager. Employees temporarily promoted may be additionally compensated for the
duration of their temporary assignments according to the promotional grade temporary
supervisory pay. Employees temporarily promoted shall not acquire any status or rights in the
class to which they are temporarily assigned.
2.05 Transfers
The City will attempt to honor employees' transfer requests when it does not adversely affect
the interests of the City or its employees.
Administrative Transfers
An administrative transfer is an assignment of an employee from one position to another not
involving promotion or demotion. A transfer may be for administrative convenience or upon
request of the employee, provided the employee is qualified for the position. Transfers between
grade levels or between departments shall become effective following recommendation by
Human Resources and approval by the Department Director and the City Manager.
Lateral Transfers - Inter Deoartmental
A lateral transfer is the transfer of an employee between two departments and within the same
grade level, provided the employee is qualified for the position.
Lateral Transfers - Intra Deoartmental
Nothing within this section shall prevent a Department Director from transferring an employee
within the department to another position within the same department, provided the new position
is a lateral move (comparable job description and pay grade level).
5
Administrative, Interdepartmental, and intradepartmental lateral transfers shall abide by the
same terms as above, and do not require a posting of the job opportunity announcement.
2.06 Demotions
Voluntary Demotion
Voluntary Demotions require the approval of the Department Director, and the City Manager,
and will be considered only if they are in the best interest of the City. All documentation must be
reviewed by the Human Resources Manager. If approved, employees may be administratively
demoted at their own request, or as an alternative to layoff. Such demotions shall not be
considered disciplinary actions or disqualify the employee involved from consideration for future
advancement. Demotions resulting from alternatives to layoffs may be fully or partially
rescinded at any time. Demoted employees will not be eligible for a salary adjustment until one-
year from date of demotion.
Involuntary Demotions
Involuntary Demotions require the approval of the Department Director and the City Manager.
All documentation must be reviewed by the Human Resources Manager. This action may be
taken for disciplinary purposes or any other purpose deemed necessary. An employee
involuntarily demoted shall not be disqualified from consideration for future advancement.
2.07 Appointments
The purpose of categorizing positions within the City service is to designate the nature of the
position's work routine as well as to clarify the eligibility of benefits provided to the particular
type of position.
There are two types of appointments: Regular and Temporary. Regular appointments are
further divided into:
Regular Employees
1. Regular full-time employees are those who work a minimum of 40 hours per week, or 53
hours per week for 24-hour shift personnel, but are not employed for only a specific
period of time or for a special job task or project.
2. Regular part-time employees are those who work less than 40 hours per week on a
regular basis. Regular part-time employees in the 24-hour shift job class may work over
40 hours per week, but less than 53 hours per week.
Temporary Employees
1. Temporary/seasonal full-time employees are those who work a minimum of 40 hours per
week, or 53 hours per week for 24-hour shift personnel, but are employed only for a
specific period of time or for a special job task or project.
2. Temporary/seasonal part-time employees are those who work less than 40 hours per
week, or less than 53 hours per week for 24-hour shift personnel, for a specified period
of time or for a special job task or project.
6
Emergency Temporary Appointments
During an emergency, if City employees are unable to provide the necessary services, the City
Manager may immediately fill positions without regard to normal selection and appointment
methods. Such appointments shall be for periods not to exceed 30 working days. Persons
receiving emergency temporary appointments are not eligible for benefits other than worker's
compensation coverage.
2.08 Introductory Employment Period
All new employees hired to fill regular full-time or part-time positions must satisfactorily complete
an introductory employment period of 6 months (1 year for licensed peace officers, 18 months
for unlicensed peace officers Civil Service). Additionally, all current, non-civil service
employees who are transferred, promoted, appointed, demoted, or reclassified within the City
service shall be required to successfully complete an introductory period of six (6) months as
well as former City employees who are rehired. The introductory period assists the City in
maintaining an effective, productive, and efficient workforce to provide quality services to the
citizens. Only those employees who meet acceptable performance and other standards during
their introductory period will be retained as employees. An extended orientation and/or training
time may be added to the introductory period. Employees are considered introductory
employees until they have actually performed their regular job duties for at least 6 complete
months to assure their ability to meet acceptable standards of work performance and behavior
for the employee's position.
SeasonallTemDOrary EmDlovees - Seasonal/temporary full and part-time employees do not
serve an introductory employment period and have no right of appeal when terminated at any
time.
Absences Durina Introductory EmDlovment Period - During the introductory employment
period, an employee is eligible to use sick leave for qualifying absences, but may use vacation
leave for an absence due to illness or injury only if all sick leave has been exhausted and if
authorized by the employee's Department Director. Transferred or promoted employees
serving introductory periods retain their eligibility for all types of leave established by City policy.
Extensions to Introductory EmDlovment Period - An introductory employee's employment
period may be extended up to an additional 60 days. Any introductory employment extensions
must have the City Manager's approval prior to any action being taken.
Successful ComDletion of Introductory Period- An employee is granted "regular" status in
the new position if the employee satisfactorily completes the performance introductory period.
Failure of Introductory Period - An employee is considered to have failed the introductory
period when it is determined that the employee's fitness, job performance, quality or quantity of
work, attendance, or combination thereof, does not meet minimum job performance standards
and expectations for the position. Failure of the introductory period may occur at any time within
the introductory period. An employee who fails their introductory period will be terminated from
the City's employment. A transferred or promoted employee who fails probation may, at the
sole discretion of the City, be reinstated to his/her former position provided there is a vacancy
and if approved by the affected Department Director(s). Department Directors are responsible
for ensuring the thorough written documentation of all cases of failure of the introductory period,
including counseling, training, and other efforts to help employees during their introductory
7
period. All such documentation must be reviewed by the Human Resources Manager before
the employee .can be terminated.
Termination of Introductory EmDlovment - Introductory employees are at-will employees and
may be terminated at any time during the introductory period, with or without notice or cause.
An introductory employee who is terminated has no right of appeal.
2.09 Nepotism
PurDose
The purpose of this policy is to prevent conflicts of interest, to avoid biased conduct, and to
maintain the confidentiality of restricted information.
City Manaaer and City Council
No person related, within the second degree affinity, or within the third degree by consanguinity,
to the Mayor or any Councilperson or to the City Manager shall be employed or appointed to
any office, position, or clerkship of the City.
This prohibition shall not apply, however, to any person who shall have been employed for thirty
(30) days or more, in the case of persons related to the City Manager, or two (2) years or more,
in the case of persons related to the Mayor or a Councilperson, at the time of the election or
appointment of the officer to whom he or she is related.
ADDlicants and EmDlovees
An applicant may not be hired as a full-time or part-time regular employee in any department if
that department already employs a person who is within the second degree of affinity or third
degree of consanguinity of the applicant unless approved by the City Manager.
If an employee becomes within the second degree of affinity or third degree of consanguinity of
another employee who works in the same department, neither employee may be promoted to
any position that has any supervision or authority over the other either directly or through the
chain of command.
No employee may supervise or be supervised by a person who is within the second degree of
affinity or third degree of consanguinity. Two or more employees within the second degree of
affinity or third degree of consanguinity may not report to the same supervisor.
Reoraanization
In the event of reorganization, promotion, or any other situation giving rise to a relationship
between two City employees that is afe in violation of the nepotism policy, both employees shall
be consulted and the two employees, jointly, shall make the decision as to which one shall leave
City employment, unless an open position exists for which they are qualified and does not
violate this or any other policy. In such cases where the two employees cannot reach an
agreement within 10 days of written notice, the City Manager shall make the decision to which
one shall leave City employment, which decision shall be binding and final.
8
8
Parents
Children
S
First De
Parents of Souse
Children of Souse
Ste arents
Ste children
Grandchildren
Brothers and Sisters
Great Grand arents
Great Grandchildren
Nieces and Ne hews
Aunts and Uncles
Second De
Grandchildren of Souse
Brothers and Sisters of Souse
No Prohibition
9
2.10 Eligibility for Rehire
Former employees may be eligible for rehire with the City at the discretion of the City Manager;
however, they shall not receive preference over other applicants on the basis that they were
formerly employed by the City. If a former employee is rehired, he/she will be subject to all
introductory periods as set forth in the policy handbook.
2.11 Performance Evaluations
The City uses a thorough performance evaluation system for assisting supervisors in
communicating job expectations, measuring the employee's level of past performance,
recognizing employee achievements and exemplary performance, and strengthening the
supervisor-employee relationship. The performance evaluation system provides necessary
information for management decisions including career development and training, assignments,
advancements, transfers, disciplinary actions, retention, compensation, etc. The purpose of the
performance evaluation system as outlined herein is to achieve optimum employee performance
resulting in outstanding customer service.
Schedule - Regular full and part-time employees are eligible for:
· A performance review after completing their introductory period; and
· Annual performance evaluation on their anniversary date
The Human Resources Department will review all evaluation documents for obvious errors and
return them to the Department Directors for any clarifications or procedural corrections. The
Human Resources Department is responsible for maintaining original evaluation documents in
official personnel files.
2.12 Residence
There shall be no absolute requirement of residence for City employment except as may be
required by law or City Charter. Employees who may be subject to emergency call and/or
periodic service in a stand by status may be required to establish residency within a reasonable
distance from the principle work site, to assure a timely response, as determined by the Vehicle
Policy. However, in no event shall any residency requirement contravene applicable law.
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CHAPTER THREE
STANDARDS OF CONDUCT
3.01 Introduction
Employees are expected to observe certain standards of job performance and good conduct.
Specific rules included in this policy are intended to provide employees with notice of what is
expected of them, but cannot reasonably include every type of unacceptable conduct and
performance. Conduct and performance not specifically prohibited in this policy that adversely
affects or is otherwise detrimental to the interests of the City, other employees, or citizens, may
result in disciplinary action up to and including termination.
3.02 Personal Appearance
The City of La Porte recognizes the necessity for each department to set their own dress
standards. All employees regardless of work location and degree of public contact shall dress
in a professional manner.
3.03 Ethics
Personal conduct of employees should be such that it is a credit to themselves and the City. In
matters of general conduct, within the scope of these policies, employees will be governed by
the precepts of good moral behavior observed by law-abiding citizens.
3.04 Violations of Policies/Acts of Misconduct
Employees may be disciplined or terminated for misconduct dependent on the severity,
including but not limited to:
1. Violation of any City or department rule, regulation, policy, or procedure
2. Insubordination, indifference toward work, neglect of duties, disruptive behavior, or any
conduct that interferes with or prevents effective performance of the duties of the
position, the department, or the City
3. Dishonesty
4. Waste, damage to, theft of, abuse of, or unauthorized use of City property
5. The violation of any federal or state law, rule, regulation, or City ordinance while on or off
duty including a criminal act that may have an adverse impact upon the City or on the
public confidence in the integrity of City government, or on the relationship of the
employee and other employees, or acts which reflect poorly upon the City's image
6. Violation of the City's Harassment Policy
7. Violation of the City's Drug and Alcohol Policy
8. Excessive distribution of non-work related literature during working hours and/or on city
property
9. Gambling in any form during working hours and/or on City Property
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10. Violation of City's Weapons Policy
11. Failure to report an on the job injury within twenty-four hours.
12. Failure to report an incident within twenty-four hours.
3.05 Financial Responsibility of Employees
All employees are required to manage their personal financial affairs separately from their
careers with the City. If or when personal financial affairs interfere with an employee's ability to
perform their job duties, disciplinary action may be taken.
3.06 Suspected Misconduct and Dishonesty Policy
Introduction
Like all organizations, The City of La Porte is faced with risks from wrongdoing, misconduct,
dishonesty and fraud. As with all Municipal business exposures, we must be prepared to
manage these risks and their potential impact in a professional manner.
The impact of misconduct and dishonesty may include:
. The actual financial loss incurred
· Damage to the reputation of our organization and our employees
. Negative publicity
. The cost of investigation
. Loss of employees
. Loss of customers
· Damaged relationships with our contractors and suppliers
. Litigation
· Damaged employees morale
Our goal is to establish and maintain an environment of fairness, ethics and honesty for our
employees, our citizens, our suppliers and anyone else with whom we have a relationship. To
maintain such an environment requires the active assistance of every employee and manager
every day.
The City of La Porte is committed to the deterrence, detection and correction of misconduct and
dishonesty. The discovery, reporting and documentation of such acts provides a sound
foundation for the protection of innocent parties, the taking of disciplinary action against
offenders up to and including dismissal where appropriate, the referral to law enforcement
agencies when warranted by the facts, and the recovery of assets.
Purpose
The purpose of this document is to communicate city policy regarding the deterrence and
investigation of suspected misconduct and dishonesty by employee and others, to provide
specific instructions regarding appropriate action in case of suspected violations.
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Definition of Misconduct and Dishonesty
For purpose of this policy, misconduct and dishonesty include but are not limited to:
. Violations of the City of La Porte Employee Policies handbook.
· Theft or other misappropriation of assets, including assets of the city, our citizens,
suppliers or others with whom we have a business relationship
· Misstatement and other irregularities in the City of La Porte records, including the
intentional misstatement of the results of operations
. Wrongdoing
· Forgery or other alteration of documents with the intent to defraud.
. Fraud and other unlawful acts
. Any similar acts
· This Policy does not supersede other policies (i.e. credit card policy, travel policy etc.)
The City of La Porte specifically prohibits these and any other illegal activities in the actions of
its employees, managers, executives and others responsible for carrying out the organization's
activities.
Policy and Responsibilities
Reporting
It is the responsibility of every employee, supervisor, manager and executive to immediately
report suspected misconduct or dishonesty to their supervisor. Supervisors, when made aware
of such potential acts by subordinates, must immediately report such acts to their supervisor.
Any reprisal against any employee or other reporting individual because the individual, in good
faith, reported a violation is strictly forbidden.
Additional responsibilities of Supervisors
All employees have a responsibility to report suspected violations. However, employees with
supervisory and review responsibilities at any level have additional deterrence and detection
duties. Specifically, personnel with supervisory or review authority have three additional
responsibilities
First, you must become aware of what can go wrong in your area of authority.
Second, you must put into place and maintain effective monitoring, review and control
procedures that will prevent acts of wrongdoing.
Third, you must put into place and maintain effective monitoring, review and control
procedures that will detect acts of wrongdoing promptly should prevention efforts fail.
Authority to carry out these three additional responsibilities is often delegated to subordinates.
However, accountability for their effectiveness cannot be delegated and will remain with
supervisors and managers.
Assistance in effectively carrying out these responsibilities is available upon request through the
City Manager's Office.
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Responsibility and Authority for Follow Up and Investigation
The City Manager, Human Resources, Finance and Police have the primary responsibility for all
investigations involving all acts of fraud by a city employee. The assistance of the Police
Department may be required in any investigation.
Properly designated members of the investigators will have free and unrestricted access to all
city records.
All investigations of alleged wrongdoing will be conducted in accordance with applicable City of
La Porte practice of administrative and police notifications and investigations.
Reported Incident Follow Up Procedure
Care must be taken in the follow up of suspected misconduct and dishonesty to avoid acting on
incorrect or unsupported accusations, to avoid alerting suspected individuals that follow up and
investigation is underway, and to avoid making statements which could adversely affect the city,
an employee, or other parties.
Accordingly, the general procedures for follow up and investigation of reported incidents are as
follows:
1. Employees and others must immediately report all factual details as indicated
through this Policy.
2. The City Manager, Human Resources, Finance (fraud related), and Police have
the responsibility for follow up and, if appropriate, investigate all reported
incidents.
3. All records related to the reported incidents will be retained wherever they reside.
4. Do not communicate with the suspected individuals or organizations about the
matter under investigation.
5. In appropriate circumstances and at the appropriate time, Human Resources
Department will notify the employee's Director.
6. The Director of Finance or Human Resources will notify the City Manager of all
reported incidents so that it may be determined whether this matter should be
brought to the attention of the Fiscal Affairs Committee.
7. City Manager, Human Resources, and the Director of Finance may also obtain
the advice of Legal at any time throughout the course of an investigation or other
follow up activity on any matter related to the report, investigation steps,
proposed disciplinary action or any anticipated litigation.
8. Neither the existence nor the results of investigations or other follow up activity
will be disclosed or discussed with anyone other than those persons who have a
legitimate need to know in order to perform their duties and responsibilities
effectively.
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9. All inquiries from an attorney or any other contacts from outside of the company,
including those from law enforcement agencies or from the employee under
investigation, should be referred to Legal.
Investigative or other follow up activity will be carried out without regard to the suspected
individual's position, level or relationship with the City of La Porte.
Questions or Clarifications related to This Policy
All questions or other clarifications of this policy and its related responsibilities should be
addressed to the Finance Department, who shall be responsible for the administration, revision,
interpretation, and application of this policy.
3.07 Conflict of Interest
Employees shall conduct their affairs and actions so that there will be no conflict of interest with
their employment by the City of La Porte.
Conflict of Interest shall include, but not be limited to:
· Soliciting, accepting, or agreeing to accept a financial benefit, other than from the City
that might tend to influence the employee's performance of duties for the City, of that
which the employee knows or should know is offered with intent to influence the
employee's performance.
· Accepting employment or compensation that might reasonably induce the employee to
disclose confidential information acquired in the performance of official duties.
· Accepting outside employment or compensation that might reasonable tend to impair
independence of judgment in performance of the duties for the employee.
· Making any personal investment that might reasonably be expected to create a
substantial conflict between the employee's private interest and duties for the City.
· Soliciting, accepting or agreeing to accept a financial benefit from another person in
exchange for having performed duties as a City employee as a favor to that person.
3.08 Gifts
An employee may not receive any income or other material gain from anyone outside the City
for services provided by the employee in the performance of his or her job with the City.
Individual City employees are prohibited from soliciting, accepting or agreeing to accept any gift,
gratuity, favor, benefit or anything else of value from any person, organization, or other entity
who has done business, is doing business, or seeks to do business, with the City. However, an
employee who accepts the following will not be in violation of this policy:
· an award publicly presented in recognition of public service
· tee-shirts, caps and other similar promotional material
· any gift which would have been offered or given to the employee even if the employee were
not a City employee
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3.09 Outside Employment
An employee of the City of La Porte is not permitted to engage in outside employment where
such employment would bring the City into disrepute, reflect discredit upon the employee as an
employee of the City, interfere with the performance of the employee's City duties, present a
conflict of interest, result in misuse of City property or funds, or result in the use of the City
position for personal gain.
Outside employment, which does not constitute a conflict of interest, interfere in the
performance of their normal duties may be permitted with the written approval of the City
Manager or designee. An employee will not be covered by the City's workers' compensation
insurance while working for another employer or while self-employed
Approval for outside or self-employment as set out in this policy does not authorize an employee
on FMLA leave, sick leave, disability leave, workers' compensation leave, or an unpaid leave of
absence, to engage in any outside or self-employment. Under no circumstances may an
employee on FMLA leave, sick leave, disability leave, workers' compensation leave, or an
unpaid leave of absence, engage in outside or self-employment as defined in this policy.
3.10 Political Activity
City employees will not be appointed or retained on the basis of their political support or
activities. City employees are encouraged to vote and to exercise other prerogatives of
citizenship consistent with state and federal law and these policies. City employees may not:
· Publicly endorse or campaign in any manner for any person seeking a City public
office while on City time.
· Use his/her position or office to coerce political support from employees or citizens.
· Use his/her official authority or influence to interfere with or affect the result of a
campaign issue, an election or nomination for public office.
· Use working hours or City property to be in any way concerned with soliciting or
receiving any subscription, contribution or political service to circulate petitions or
campaign literature on behalf of an election issue or candidate for public office in any
jurisdiction.
· Hold an appointive or elective office of public trust where service would constitute a
direct conflict of interest with City employment. Upon becoming a candidate or
otherwise deciding to seek or assume such an office, an employee must immediately
resign or will be dismissed upon failure to do so.
3.11 Solicitation
Active solicitation for sale of items or donations and distribution of literature of any kind for any
purpose without the City Manager's approval is prohibited by the public or City employees on
City property during working hours.
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3.12 Personnel Records Access
Human Resources maintains the official personnel files for all City employees. Unless
otherwise provided by law, personnel files shall be kept confidential and may not be used or
divulged for purposes unconnected with the City's personnel management system except with
the permission of the employee involved.
It is important that accurate, current records be maintained for benefits and employment
purposes. Therefore, all employees are required to notify human resources immediately if there
is any change in relevant personal or employment information such as changes in address,
phone numbers, emergency contact information, beneficiaries, number of dependents or legal
name.
Nothing herein shall prevent the dissemination of non-personal statistical information. All
information contained in the personnel file is the property of the City of La Porte and is not
available for review by anyone other than the employee, his or her Director, the City Manager
and the Human Resources Department, except through the Public Information Act. Employees
may examine their personnel file after contacting the Human Resources Department in advance
to schedule an appointment. Employees may request and receive a copy of their personnel file
or any portion thereof under procedures prescribed by the Human Resources.
If an employee believes that information in their personnel file is incorrect, they must submit a
written request to change the information to the Human Resources Department. If such a
request is granted by the City Manager, the Human Resources Department will make the
change and notify the employee of such change. If the request is denied, an employee can ask
to place a statement of disagreement in the file. This statement of disagreement will become a
permanent part of the employee's file.
Non-employees who wish to inspect a current or former employee's personnel file shall either
make a formal written request through Human Resources under the Open Records Act or
subpoena the desired records through a court order.
3.13 Confidential Information
All City files and information regarded as confidential by federal, state or local regulations shall
be maintained and appropriated according to those regulations.
Medical Information
The City of La Porte strives to protect the privacy of its employees' medical information to the
greatest possible extent. To that end, we provide the following guidelines regarding the
confidentiality of medical information.
· Any medical information concerning employees will be maintained in separate,
confidential medical files apart from regular personnel records. Only authorized
employees shall have access to such files.
· Employees are hereby notified that medical information concerning employees is
absolutely confidential under state and federal laws and may not be discussed at any
time with any person under any circumstances.
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· Any employee who is found to have discussed medical information about another
employee with anyone else is in violation of this policy, or who is found to have released
such information without authorization, will be subject to disciplinary action, up to
immediate termination.
3.14 Tobacco Use Policy
Smoking or the use of smokeless tobacco on City property should be confined to designated
areas as determined by the respective Department Director.
All tobacco use is prohibited in any City vehicle or City building and while addressing the public.
3.15 Gambling
An employee shall not engage or participate in gambling activities of any form while on duty, in
a City uniform, or on City property.
3.16 Harassment in the Work Place
All City employees are entitled to a workplace free of unlawful harassment by management,
supervisors, co-workers, citizens, and vendors. City employees are also prohibited from
harassing citizens, vendors, and all other third parties.
Sexual Harassment. One form of unlawful discrimination is sexual harassment. Unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature constitutes sexual harassment when:
· submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, or
· submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual, or
· such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive
work environment.
Other Prohibited Harassment - In addition to the City's prohibition against sexual harassment,
harassment on the basis of any other legally protected characteristic is also strictly prohibited.
This means that verbal or physical conduct that singles out, denigrates, or shows hostility or
aversion toward someone because of race, religion, color, national origin, age, disability,
veteran status, citizenship, or any other characteristic protected by law is also prohibited.
Prohibited conduct includes, but is not limited to, epithets, slurs and negative stereotyping;
threatening, intimidating, or hostile conduct; denigrating jokes and comments; and writings or
pictures, that single out, denigrate, or show hostility or aversion toward someone on the basis of
a protected characteristic. Conduct, comments, or innuendoes that may be perceived by others
as offensive are wholly inappropriate and are strictly prohibited. This policy also prohibits
sending, showing, sharing, or distributing in any form, inappropriate jokes, pictures, comics,
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stories, etc., including but not limited to via facsimile, e-mail, and/or the Internet. Harassment of
any nature, when based on race, religion, color, sex, national origin, age or disability, will not be
tolerated. This policy applies to City employees, citizens, vendors, and other visitors to the
workplace.
Mandatory ReDortina - The City requires that employees report all perceived incidents of
harassment, regardless of the offender's identity or position. Any employee who observes or
otherwise learns of possible harassment in the workplace or who believes that he or she has
been subjected to conduct prohibited by this policy must report it immediately to his or her
supervisor.
Any supervisor, manager, or Department Director who becomes aware of possible conduct
prohibited by this policy must immediately advise his/her Department Director and lor the
Human Resources Manager.
Investiaation - All reports of prohibited conduct will be investigated promptly by management in
as confidential a manner as possible. The investigation may include individual interviews with
the parties involved and, where necessary, with individuals who may have other relevant
knowledge. All employees are required to cooperate with the investigation.
Retaliation Prohibited - Retaliation against employees who make a good faith charge or report
of prohibited conduct or who assist in a complaint investigation is prohibited. Acts of retaliation
must be reported immediately as set out above.
ResDonsive Action - Misconduct constituting harassment or retaliation will be dealt with
appropriately. Discipline, up to and including dismissal will be imposed upon any employee who
is found to have engaged in conduct prohibited by this policy. Likewise, disciplinary action will
be imposed in situations where claims of prohibited conduct were fabricated.
3.17 Workplace Violence
The City of La Porte has a zero tolerance policy for violence in the workplace. Workplace
Violence is defined to include, but not limited by:
· Physically aggressive, violent or threatening behavior, such as attempts to instill fear in
others or intimidation.
· Verbal or physical threats of any sort.
· Any other conduct that suggests a tendency toward violent behavior. Such behavior
includes, but is not limited to, excessive arguing, profanity, threats of sabotage to City
property, belligerent speech or a demonstrated pattern of insubordination, and refusal to
follow policies and procedures.
· Causing physical damage to City facilities or defacing City property.
· With the exception of Police Officers, carrying firearms or weapons of any type or kind
onto City premises, parking lots, or while conducting business.
If an employee becomes aware of or observes any of the above referenced behavior or actions
by a co-worker, contractor, customer, third party vendor, visitor, or any other party, he or she
should notify his/her supervisor immediately.
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All reports of violence in the City of La Porte workplace will be taken seriously and will be
investigated thoroughly and promptly. The City of La Porte will not tolerate retaliation in any
form against an employee who makes a report of workplace violence.
3.18 Weapons Policy
The City of La Porte does not allow any job applicant, employee, contractor, subcontractor,
vendor, agent or representative to possess, use, conceal, carry or maintain a weapon or
handgun in City vehicles (except for Commissioned Peace Officers and/or those approved to
carry a weapon as part of their official duties.)
3.19 Searches
The City may conduct inspections or searches of the work site, including but not limited to City
property used by employees whether secured or unsecured or secured by a lock provided by
the employee with or without prior notice. If reasonable suspicion exists, the City may also
conduct unannounced searches or inspections of the employee's personal property located on
City premises, including vehicles parked on City parking lots. The City's authority to conduct
unannounced searches is not limited to situations involving reasonable suspicion of possession
and/or use of drugs/alcohol.
Examples of City property include, but are not limited to City owned:
1. Vehicles
2. Workspaces
3. Desks
4. Lockers
5. Machinery
6. Computers
7. File Cabinets
All searches must be authorized and conducted under the direction of the Human Resources
Manager with the approval of the City Manager. Employees who refuse to cooperate with a
search may be subject to disciplinary action up to and including termination.
3.20 Use of City Owned Vehicles
City-owned or leased vehicles may only be used for official City business. City owned or leased
vehicles may only be driven by authorized City employees. If an employee drives his/her own,
or a City-owned, rented or leased vehicle on the job or while carrying out City-related business,
the employee must comply with the following:
· Drivers must have a valid State of Texas driver's license appropriate for the vehicle
operated, must maintain a satisfactory driving record, and must inform their supervisor of
any change in status.
· Always observe all posted laws and speed limits.
· Always wear seat belts when the vehicle is in operation.
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· All maintenance and use records for City vehicles must be completed as directed by the
employee's supervisor.
· Report any broken, missing, or worn parts, tires, etc., or any needed maintenance of City
vehicles to the appropriate supervisor immediately.
· All drivers must be eligible for coverage under the City's insurance policy.
· Drivers covered by Department of Transportation regulations must comply with them at all
times.
· At no time may an employee under the influence of alcohol or illegal drugs drive a city
vehicle or a personal vehicle while conducting city business.
· Tobacco Use Prohibited -The use of all tobacco products (including smokeless) is
prohibited while operating and/or being a passenger in City owned vehicles and/or
equipment.
· Employees involved in an accident while operating a city vehicle, or while operating a
personal vehicle on city business, must immediately notify the proper law enforcement
agency and the appropriate supervisor and/or Department Director as well as submit to a
drug/alcohol test. Accident reports, along with any law enforcement report, must be filed by
the employee with the Department Director and the Human Resources Manager.
Any employee whose driver's license is suspended for any reason shall notify his/her supervisor
and Human Resources immediately. The City may, at any time, check the driving record of a
City employee who drives as part of his/her job duties to determine that he/she maintains the
necessary qualifications as a City driver. Refer to the point system in the City of La Porte Safety
Manual to identify serious infractions. Employees agree that they will cooperate in giving the
City whatever authorization is required for this purpose.
Employees who are issued take-home vehicles must comply with the City's Take-Home Vehicle
Policy.
The above is not a complete and exhaustive list of vehicle use policies. Violations of any of
the specific items listed, or improper, careless, negligent, destructive, or unsafe use or operation
of a vehicle, may result in disciplinary action, up to and including termination of employment.
3.21 Use of City Equipment/Property
Employees are responsible for items formally issued to them by the City, as well as for items
otherwise in their possession or control or used by them in the performance of their duties. At
the time of issuance, employees will be required to sign certain forms or other documentation
evidencing their receipt of property and/or equipment and authorizing a payroll deduction for the
cost of loss, damaged, or unreturned items. In addition to payroll deductions, the City may take
any other action it deems appropriate or necessary to recover and/or protect its property.
The City recognizes that under certain circumstances the employee's occasional use of city
telephones, computers, facsimile, e-mail, copiers, Internet, and similar resources for personal
use may be necessary or beneficial to the City. The City may establish separate policies
governing the use of specific equipment. The City will discipline an employee for inappropriate
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or excessive use of City equipment for personal use. Any personal use of City property should
meet the following guidelines:
1. It should be infrequent and of short duration (A short telephone conversation)
2. It should be for a compelling reason and not for mere convenience (A telephone call to
arrange with a spouse to pick-up a child after school)
3. It should not interfere with the employee's performance of job duties (The use did not
prevent the employee from completing the job duties)
4. It should not result in any additional charge to the City (Long distance telephone charge)
5. It must not be used for personal monetary gain or the employee's personal business
(Selling products over the phone or internet)
3.22 Cell Phone Usage
The City recognizes that many employees have cell phones that they bring to work. Cell phones
may belong to the employee or be provided for the employee's use by the City. Employees are
not permitted to use cell phones while driving a City ownedlleased vehicle. The use of cell
phones, including those with a camera, at work must not interfere with job duties or
performance. Employees must not allow cell phone use to become disruptive or interfere with
their own or a co-worker's ability to do their jobs. Employees who use cell phones to violate City
policy, including the City's Sexual and Other Unlawful Harassment Policy, will be subject to
disciplinary action, up to and including discharge.
3.23 Internet Usage
The City provides Internet access, email, telephones, voice mail, and fax communication
systems for use by City employees in the performance of their job duties. These
communication devices are referred to collectively in this policy as "electronic communications
systems" or "systems." These electronic communications systems are designed to support and
enhance the communication, research and information capabilities of City employees and to
encourage work-related communication and sharing of information resources within the City.
This policy governs user behavior pertaining to access and usage of the City's electronic
communications systems. This policy applies to all City employees, contractors, volunteers and
other affiliates who use the City's electronic communications systems. The City's electronic
communications systems access must be used in a professional, responsible, efficient, ethical
and legal manner. All correspondence is subject to the Public Information Act.
Internet. Instant Messaae and email access - Users desiring email access must obtain written
permission from their Department Director. Users must acknowledge an understanding of this
policy and its guidelines as a condition of receiving an email access account. Failure to adhere
to this policy and its guidelines may result in suspending or revoking the offender's privilege of
access and/or other disciplinary action under City policies, up to and including termination of
employment.
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Unacceptable Uses of Electronic Communications Systems include:
· Using profanity, obscenity, or other language which may be offensive or harassing to
other coworkers or third parties.
. Accessing, displaying, downloading, or distributing sexually explicit material.
· Accessing, displaying, downloading or distributing profane, obscene, harassing,
offensive or unprofessional messages or content.
· Copying or downloading commercial software in violation of copyright law.
· Using the systems for financial gain or for any commercial activity unrelated to City
business.
· Using the systems in such a manner as to create a security breach of the City network.
· Looking or applying for work or business opportunities other than for internal City
postings.
. Accessing any site, or creating or forwarding messages with derogatory, inflammatory,
or otherwise unwelcome remarks or content regarding race, religion, color, sex, national
origin, age, disability, physical attributes, or sexual preferences.
· Transmitting or sharing information regarding a coworker's health status without his/her
permission
· Expressing opinions or personal views that could be misconstrued as being those of the
City.
· Expressing opinions or personal views regarding management of the City of other
political views
· Using the electronic communication systems for any illegal purpose or in any way that
violates City policy or is contrary to the City's best interest.
Filterina. The City uses software to filter Internet and instant message content for all
employees. These filters are designed to prevent the viewing, sending, or any of the following
types of content:
. Violence/Profanity
. Full or partial nudity
· Sexual or deviant acts
. Satanic/Cult
· Militant/Extremist
· Illegal activities
The City will review this filtering on a periodic basis and may modify this list of prohibited content
without notification to City employees, contractors, volunteers or other affiliates. The City
Manager (or designee) may grant exceptions and exemptions to Internet and instant messaging
filtering only after a review of the requested information has been conducted and a
determination that the City's current filtering practice impedes the requestor's ability to perform
his/her job duties.
Responsibilitv -The person in whose name a City provided Internet, email or other electronic
communications system account is issued is responsible at all times for its proper use,
regardless of the user's location. Exchanges that occur in the course of conducting City
business on the City's electronic communications systems will be considered a communication
of the City and held to the same standards as formal letters.
No Riaht of Privacv/Monitorina - Users of City electronic communications systems may not
assume they are provided any degree of anonymity and employees have no right to privacy with
regard to such systems. Personal passwords are not an assurance of confidentiality. The
Internet itself is not secure. To ensure proper use of its electronic communications systems, the
City will monitor their use. Management staff has the ability and will, with or without advance
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notice, monitor and view usage, including but not limited to: employee email, voice mail and
instant messages, information and material transmitted, received or stored using City systems
and user Internet access and usage patterns to assure that the City's Internet resources are
devoted to maintaining the highest levels of productivity, as well as proper use and compliance
with this policy.
CODvriaht Restriction. Any software or other material, including music, downloaded into a City
computer may be used only in ways consistent with the licenses and copyrights of the vendor,
author or owner of the material. Prior written authorization from the Director of MIS is required
before introducing any software into the City's computer system. Employees may not download
entertainment software, games or any other software unrelated to their work.
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CHAPTER FOUR
CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte - June, 1990
Revised March 01, 2005
4.01 Purpose
This policy outlines the goals and objectives of the City's drug and alcohol testing program and
provides guidance to supervisors and employees concerning their responsibilities for carrying
out the program.
Under this policy, employees as well as contractors who provide employee services to the City
will be required to provide employees who are free of the influences of drugs and alcohol.
Contractors must have a policy designed to eliminate drug and alcohol abuse and its effects in
the workplace.
4.02 Scope
· This policy applies to all City officials and employees, including part-time and
seasonal employees, in all departments, including the police department;
contract employees in designated positions; reserve police and fire volunteers;
and all job applicants for public safety, safety-sensitive, and security sensitive
positions.
· All employees who hold a commercial driver's license and are required to
operate commercial motor vehicles for the City as part of their employment,
including applicants for positions requiring the operation of commercial motor
vehicles (as the term commercial motor vehicle is defined under Title 49 C.F.R:.
Part 382) are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, Title 49 C.F.R.
Part 382, and the City of La Porte Commercial Motor Vehicle Substance Abuse
Policy.
4.03 Policy
The City of La Porte (the City) has a vital interest in maintaining a safe, healthful, and efficient
working environment. Being under the influence of a drug and/or alcohol on the job poses
serious safety and health risks to the user and to all those who work with the user. The use,
sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use,
possession, or being under the influence of alcohol also poses unacceptable risks for the safe,
healthful, and efficient operations of the City.
· The City believes it has the right and obligation to maintain a safe, healthful, and efficient
workplace for all of its employees, and to protect the City's property, information,
equipment, operations and reputation.
· The City recognizes its obligations to its citizens for the provision of services that are
free of the influence of illegal drugs and alcohol and will endeavor through this policy to
provide drug and alcohol-free services.
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· The City further expresses its intent through this policy to comply with Federal and State
rules, regulations, or laws that relate to the maintenance of a workplace free from illegal
drugs and alcohol.
· The City recognizes that its employees are a valuable resource and wants to assist any
employee who voluntarily comes forward and requests assistance with chemical
dependency or alcoholism.
· The City strongly urges employees affected by drug and/or alcohol use or dependency
to voluntarily seek confidential assistance through the City's Employee Assistance
Program. The City supports employees using a City-approved assistance program (per
contract arrangements), and other City-approved rehabilitation services, which may be
at the employee's expense, to achieve restoration of health.
The City will assist employees who voluntarily seek help, but will be firm in disciplining
employees who violate this policy.
Manufacturing, distributing, dispensing, possessing or using drugs and/or alcohol will
not be tolerated on City premises or while performing City business.
4.04 Education
Supervisors and other management personnel are to be trained in:
a) Detecting the signs and behavior of employees who may be using drugs
and/or alcohol in violation of this policy.
b) Intervening in situations that may involve violations of this policy.
c) Recognizing the above activities as a direct job responsibility.
Employees and designated contract employees are to be informed of:
a) The health and safety dangers associated with drug and alcohol use.
b) The provisions of this policy.
4.05 Prohibited Activities
Illegal Drugs and Alcohol
a) The use, sale, purchase, transfer, or possession of an illegal drug and/or
alcohol by any employee during the course and scope of employment is
prohibited, provided however; this does not prohibit consumption of
alcohol on City premises by off-duty employees when served under
permit.
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Legal Drugs
a) It will be the responsibility of any employee using a potentially impairing
legal drug, required for medical treatment or therapy, to inquire of their
physician as to the effect that such a drug may have upon the employee's
ability to perform his or her job functions.
Prior to the performance of City business, the employee must report to
their supervisor the use of any legal drug that has been determined by the
employee's physician to be potentially impairing. The supervisor who is
so informed will contact the City's Human Resources Manager for
guidance.
b) The undisclosed use of any potentially impairing legal drug by any
employee while performing City business or while on City premises is
prohibited.
However, an employee may continue to work, even though using a
potentially impairing legal drug if City management has determined, after
consulting with the City's contracted health officials, that such use does
not pose a threat to safety and that the using employee's job performance
will not be significantly affected. Otherwise, the employee may be
required to utilize the Family Medical Leave Act (FMLA), take a leave of
absence, or comply with other appropriate action as determined by City
management.
c) The City at all times reserves the right to judge the effect that a potentially
impairing legal drug may have upon work performance and to restrict the
using employee's work activity or presence at the workplace accordingly.
4.06 Discipline
· Any employee who possesses or uses illegal drugs on City premises or while on
City business will be subject to discipline up to and including discharge without
benefit of re-hire, or disbarment from the workplace. The City also reserves the
right to report any violation of this policy to applicable law enforcement agencies.
· Any employee who is found to be in possession of drug paraphernalia or other
contraband items in violation of this policy will be subject to discipline up to and
including discharge without benefit of re-hire, or disbarment from the workplace.
The City also reserves the right to report any violation of this policy to applicable
law enforcement agencies.
· Any employee who distributes, sells, attempts to sell, attempts to purchase, or
transfers illegal drugs on City premises or while on City business will be subject
to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace. The City also reserves the right to report any
violation of this policy to applicable law enforcement agencies.
· Any employee who is found through drug testing to have in his or her body
system a detectable amount of an illegal drug will be subject to discipline up to
and including discharge without benefit of re-hire, or disbarment from the
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workplace. The City also reserves the right to report any violation of this policy to
applicable law enforcement agencies.
· Any employee who is convicted of a drug-related felony crime, whether
committed on or off duty, will be subject to discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace.
· Any employee who is found to be in possession of or under the influence of
alcohol in violation of this policy will be subject to discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace. The City
also reserves the right to report any violation of this policy to applicable law
enforcement agencies.
. Any employee who is found through alcohol testing by the designated City drug
and alcohol administration & testing vendor, to have in his or her body system a
volume of alcohol which indicates a .02 breath alcohol concentration or greater
will be subject to discipline up to and including discharge without benefit of re-
hire, or disbarment from the workplace. The City also reserves the right to report
any violation of this policy to applicable law enforcement agencies.
4.07 Drug and Alcohol Testing of Job Applicants
· All applicants who are offered employment in public safety, safety-sensitive, or
security sensitive positions will be subject to the requirement to pass a drug and/ or
alcohol test as part of the City's post-job offer screening process.
· An applicant for employment in a public safety, safety-sensitive, or security sensitive
position will be notified of the City's drug and alcohol testing policy prior to being
tested; will be informed in writing of their right to refuse to undergo such testing; will
be informed that the consequence of refusal is termination of the post-job offer
screening process, and will be informed that they will not be considered for
employment.
· If an applicant who has been extended a conditional offer of employment in a public
safety, safety-sensitive or security sensitive position refuses to take a drug and / or
alcohol test, or if evidence of the use of illegal drugs and/or alcohol by an applicant is
discovered, either through testing or other means, the post-job offer screening
process will be terminated, and the applicant will not be considered for employment.
4.08 Testing of Employees and Contract Employees
· The City will notify employees and designated contract employees of this policy
by providing to each employee / individual a copy of the policy, announcing the
policy in various written communications, and making presentations at employee
meetings and other suitable forums
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The City may perform drug and/or alcohol testing:
a) Of any employee who manifests behavior giving probable cause to City
officials to believe that the employee is unable to satisfactorily perform his
or her job functions due to drug or alcohol induced impairment.
b) Of any employee who is directly involved in an accident which results in
property damage or personal injury. An employee who is directly involved
in an accident is any employee whose order, action, or failure to act gives
probable cause to City officials to believe that such order, action or failure
to act was the result of drug or alcohol induced impairment.
c) Of any employee employed in a position that requires a Commercial
Drivers License, public safety, safety sensitive, or security sensitive
position on a random basis. Random selection will be performed through
an unbiased computer-generated process operated by a third-party
contractor.
d) Of any employee who is enrolled in or who has completed a City-
approved rehabilitation program. The frequency of such rehabilitation
testing will not be less than once per month and the length of the testing
program for the employee may extend up to sixty (60) months, based on
a decision by a SAP (Substance Abuse Professional).
· The City will conduct random drug and alcohol testing of a designated
percentage of all employees employed in public safety, safety-sensitive, and
security sensitive positions at a frequency determined by City management.
· An employee's consent to submit to drug or alcohol testing for public safety,
safety-sensitive and security sensitive positions is required as a condition of
continued employment and the employee's refusal to consent may result in
disciplinary action, up to and including discharge without benefit of re-hire, or
disbarment from the workplace-:
· An employee who is tested based on the manifestation of behavior giving City
officials probable cause to believe the he or she is unable to satisfactorily
perform his or her job functions due to drug or alcohol induced impairment may
be suspended pending receipt of written test results and whatever inquiries may
be required.
4.09 Appeal of a Drug or Alcohol Test Result
· An employee whose drug or alcohol test is reported positive will be offered the
opportunity of a meeting with the Medical Review Officer provided by the City
drug and alcohol administration & testing vendor, to offer an explanation. The
purpose of the meeting will be to determine if there is any reason that a positive
finding could have resulted from some cause other than drug and/or alcohol use.
The City will require an MRO (Medical Review Officer) to determine a final
decision.
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· An employee whose drug and/or alcohol test is confirmed as positive will be
offered the opportunity to obtain an independent test, at the employee's expense,
of the non-tested split sample portion of the original urine specimen that yielded
the positive result, at an alternative SAMSHA certified lab (Substance Abuse and
Mental Health Services Administration, under the Department of Health and
Human Services).
· During the period of an appeal and any resulting inquiries, the employment status
of an individual may be suspended. An employee who is suspended pending
appeal will be suspended without regular pay but will be permitted to use any
available sick or vacation leave in order to remain in an active pay status. If the
employee has no available sick or vacation leave or chooses not to use it, the
suspension will be without pay.
· If an employee's appeal is upheld, the employee will be reinstated with back pay
and will be reimbursed for any independent drug testing costs that may have
been incurred incident to the appeal. No results or reference to the test or
appeal will be maintained in the employee's personnel file.
4.10 Employee Assistance
Rehabilitative assistance may be granted to an employee who requests such assistance
provided that the employee:
a) has not received notification to report for drug and/or alcohol testing
authorized by this policy, prior to the request;
b) has not been identified as a violator nor is under investigation for a
violation of this policy; and
c) has agreed to enter and complete a City-approved rehabilitation program.
Rehabilitative assistance may also be granted in lieu of discharge to an employee who
has been found to be in violation of this policy provided that the:
a) The policy violation does not involve selling or distributing drugs or
serious misconduct related to drugs; and
b) The employee has agreed to enter and complete a City-approved
rehabilitation program.
· An employee who has met the qualifications for rehabilitative assistance will be
given the opportunity to enter into a City-approved rehabilitation program.
Failure to enter the rehabilitation program or to complete the program according
to the prescribed program schedule is grounds for discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace.
· Participation in the rehabilitation program will be during times that will not conflict
with the employee's work time, except that the employee shall be required to use
any available sick leave or annual leave to be absent from the job with pay. The
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City may place the employee on FMLA (Family Medical Leave Act) during any
absences from the job.
Assistance given by the City will be limited to:
a) medical benefits that may be available in the employee's medical benefits
plan.
b) rehabilitation programs that have been pre-approved by the City.
c) The City will provide to any employee, upon request and at no cost to the
Employee, information concerning local resources that are available for
the diagnosis and treatment of drug and lor alcohol related problems.
4.11 Inspections and Searches
· The City may conduct unannounced general inspections and searches for drugs
andlor alcohol on City premises or in City vehicles or equipment wherever
located. Employees are expected to cooperate.
· A search of an employee and his or her personal property may be made when
there is probable cause to conclude that the employee suffers from drug or
alcohol induced impairment or is otherwise in violation of this policy. A search of
an employee's personal property may include the examination of personal
vehicles on City property, lockers, purses, lunch boxes, clothing and other items
in the personal control of the employee. The searching technique may be aided
by drug detection dogs.
· An employee's consent to a search based on probable cause, made of that
individual's personal property, is required as a condition of continued
employment and the employee's refusal to consent may be subject to discipline
up to and including discharge without benefit of re-hire, or disbarment from the
workplace.
· Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City
property will be turned over to appropriate law enforcement authorities and full
cooperation given to any subsequent investigation. Substances which cannot be
identified as an illegal drug by a layman's examination will be turned over to a
forensic laboratory for scientific analysis.
· Other forms of contraband, such as firearms, explosives, and lethal weapons will
be subject to seizure during an inspection or search. An employee who is found
to possess contraband on City property or while on City business will be subject
to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace.
· If an employee is the subject of a drug-related investigation by the City or by a
law enforcement agency, the employee may be suspended witheill pay pending
completion of the investigation.
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4.12 Confidentiality
· All information relating to drug or alcohol testing or the identification of persons as
users of drugs and/or alcohol will be protected by the City as confidential unless
otherwise required by law, overriding public health and safety concerns, or
authorized in writing by the persons in question.
4.13 Definitions
Alcohol means any beverage that contains ethyl alcohol (ethanol), including but not limited to
beer, wine and distilled spirits.
City oremises or City facilities means all property of the City including, but not limited to, the
offices, facilities and surrounding areas on City-owned or leased property, parking lots, and
storage areas. The term also includes City-owned or leased vehicles and equipment wherever
located.
Contraband means any article, the possession of which on City premises or while on City
business, causes an employee / individual to be in violation of a City work rule or law.
Contraband includes illegal drugs, drug paraphernalia, alcoholic beverages, firearms,
explosives, lethal weapons.
Contract emolovee in a desianated oosition means a person who performs public safety,
safety-sensitive, and security sensitive duties.
Drua testina means the scientific analysis of urine, blood, breath, saliva, hair, tissue, and other
specimens of the human body for the purpose of detecting the presence of an illegal drug.
Alcohol testina means an analytical procedure to determine whether an employee may have a
prohibited concentration of alcohol in a breath or saliva specimen.
Emolovee Assistance Proaram lEAP) means any program provided by the City to assist
employees in dealing with personal problems that, among other things, may involve drug abuse
and/or alcohol misuse that affect job performance.
lIIeaal drua means any drug which is not legally obtainable; any drug which is legally
obtainable but has not been legally obtained; any prescribed drug not legally obtained; any
prescribed drug not being used for the prescribed purpose; any over-the-counter drug being
used at a dosage level different than recommended by the manufacturer or being used for a
purpose other than intended by the manufacturer; and any drug being used for a purpose not in
accordance with bona fide medical therapy. Examples of illegal drugs include but are not
limited to: inhalants (per TML-IRP), cannabis substances, such as marijuana and hashish,
cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs.
Intoxication means having a blood alcohol concentration of 0.08 or more; or, not having the
normal use of one's mental or physical faculties, resulting from the voluntary introduction into
the body of an alcoholic beverage, a controlled substance, a dangerous drug, an abusable glue
or aerosol paint or similar substance, the use of which is regulated under the law.
Leaal drua means any prescribed drug or over-the counter drug, which has been legally
obtained, and is being used for the purpose for which prescribed or manufactured.
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Probable cause means a belief based on objective facts sufficient to lead a prudent person to
conclude that a particular employee is unable to satisfactorily perform his or her job functions
due to drug and/or alcohol impairment. Such inability to perform job functions may include, but
is not limited to, decreases in the quality or quantity of the employee's productivity, judgment,
reasoning, concentration and psychomotor control, and marked changes in behavior.
Public safety Dosition means a position in the police and fire departments (including
emergency medical services personnel) having a substantially significant degree of
responsibility for the safety of the public where the unsafe performance of an employee could
result in the death or injury to self or others, including but not limited to all sworn personnel,
emergency communication clerks, police clerks working within the dispatch section, supervisory
positions, firefighter/paramedic, dispatchers, mechanics, fire apparatus engineers, fire
investigators and fire inspectors.
Safety-sensitive Dosition means a position having a substantially significant degree of
responsibility for the safe operation of motor vehicles, motor carrier service, or heavy equipment
and machinery, where the unsafe performance of an incumbent could result in death or injury to
self or others. Safety-sensitive positions requiring the operation of commercial motor vehicles,
as defined under 49 C.F.R"- Part 382, are subject to the City of La Porte Commercial Motor
Vehicle Substance Abuse Policy.
Security-sensitive duties means a position handling or having access to money, negotiable
instruments, sensitive information and similar assets that require a high degree of protection.
Under the influence means a condition in which a person is affected by the use of a drug
and/or alcohol in any detectable manner. The symptoms of influence are not confined to those
consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as
slurred speech or difficulty in maintaining balance. A determination of being under the influence
can be established by a professional opinion, a scientifically valid test, such as, blood, or breath
analysis
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CHAPTER FIVE
DISCIPLINE PROCESS
5.01 General Provisions
It is an objective of the City of La Porte to maintain an effective and productive work force in
order to deliver quality services. Each employee is responsible for performing their job in a
safe, productive and effective way and within the instructions and standards established by their
supervisor. In addition, employees are expected to maintain acceptable standards of conduct in
their employment. Supervisors are charged with assisting employees in correcting
unsatisfactory performance and unsatisfactory conduct through disciplinary procedures up to
and including termination.
When taking disciplinary action, the City will adhere to the following general guidelines:
· Employees will be treated fairly and equitable. Action will be taken in an objective and
professional manner and shall not be based on the personal feelings of the individual
administering the disciplinary action.
· The decision to take disciplinary action shall be based on a careful assessment of the
circumstances of each case. Factors to consider in the assessment are the prior
disciplinary record of the employee, and the potential effect of the violation on other
personnel and/or the City organization.
· All disciplinary action shall be documented and forwarded to the employee's personnel
file.
5.02 Basis for Disciplinary Action
The City shall consider the following as constituting a basis for disciplinary action up to and
including discharge. This list is not all-inclusive and is not intended to be limited to the following:
1. Misconduct
2. Illegal, unethical, abusive, or unsafe acts
3. Violation of any portion of the personnel policies
4. Violation of other City department rules and/or regulations
5. Absenteeism and/or repeated tardiness
6. Insubordination
7. Work performance inefficiency
8. Abuse of leaves provided
9. Falsification of official documents or records
10. Being under the influence or use of drugs or alcohol while on duty
11. Unauthorized use of City records, material, or equipment
12. Moral Turpitude
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5.03 Types of Disciplinary Actions
Formal disciplinary action taken shall be consistent with the nature of the deficiency or
infraction involved and the work history of the employee. The recommended steps of
progressive discipline are as follows, but should not be interpreted as a certain chain of events
as the City reserves the right to administer any disciplinary action up to and including discharge,
depending on the nature, scope, and severity of the offense and totality of the circumstances
surrounding such events: oral reprimand, written reprimand, probation, suspension, demotion,
and termination.
The City will attempt to follow progressive steps of disciplinary action whenever possible to
provide reasonable opportunity for performance correction but ultimately reserves the right to
employ any of the aforementioned actions for particular deficiency or infraction depending upon
the exact circumstances of the deficiency or infraction. An employee may be formally advised
at any time that he or she may be dismissed or otherwise disciplined for further unsatisfactory
performance and/or conduct.
One or more of the following disciplinary measures may be taken depending on the particular
circumstances surrounding an offense. An employee shall be provided with a warning with time
to improve performance, whenever possible, prior to suspension or termination. The
recommended steps of progressive discipline are as follows, but should not be interpreted as a
certain chain of events as the City reserves the right to administer any disciplinary action
depending on the nature, scope, and severity of the offense:
1. Oral ReDrimand - For the first violation of a particular policy or regulation, an oral
reprimand is given identifying any violation(s) and indicating needed improvement.
There will be written documentation of the oral reprimand that shall be signed by the
employee and the supervisor and placed in the employee's personnel file.
2. Written Warnina - In the interest of a more formal type of disciplinary action, an
employee may receive a written reprimand. This written reprimand shall describe the
deficiency or infraction, cite the violated policy or regulation, and state the likely
consequences of further unsatisfactory performance or conduct. The written warning
shall be signed by the employee and their supervisor and placed in the employee's
personnel file.
3. DisciDlinarv Probation - An employee may be placed on disciplinary probation for a
specified period of time, not to exceed 90 days, in order to allow the employee enough
time to show improvement regarding the problem specified. The written document
placing an employee on disciplinary probation must include identification of the problem
area, the required necessary improvement, the specific length of disciplinary probation
status and the further disciplinary action that could result from failure to show
satisfactory improvement. This document shall be signed by the employee and the
supervisor and placed in the employee's personnel file.
4. SusDension - A supervisor may, with the Department Director's approval, suspend an
employee without pay for a maximum of 15 calendar days in one calendar year. The
written suspension notice must contain the reason for the suspension, other examples of
policy or regulation violations, if any, the consequences of a recurrence of the violation
of infraction, the period of suspension, and the review procedure. This document shall
be signed by the employee and the supervisor and placed in the employee's personnel
file.
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When an employee is under investigation for a crime or official misconduct, or is
awaiting a hearing or trial in a criminal matter, the employee may be suspended without
pay for the duration of the proceedings when such suspension would be in the best
interest of the City. If the investigation or proceedings clear the employee, he/she shall
be reinstated at the same position.
5. Involuntary Demotion - An employee may, with Department Director approval, be
demoted to a position in a lower salary range. Involuntary demotions shall be made in
written form and shall include the reason(s) for the disciplinary action, the likely
consequence of further unsatisfactory performance and/or conduct, and the review
process. This document shall be signed by the employee and the supervisor and placed
in the employee's personnel file. A demoted employee shall not be disqualified from
consideration for later advancement.
6. Termination - An employee may be terminated from employment with the City as a final
step in the progressive discipline process. Excepting those types of policy or regulation
violations that warrant immediate termination, this disciplinary step will be employed as a
final step that must be approved by the Department Director, reviewed by the Human
Resources Manager, and approved by the City Manager. A letter of termination shall be
provided to the employee describing the performance deficiency and/or policy or
regulation violations.
5.04 Review of Disciplinary Actions
Following normal chain of command reviews, disciplinary actions are subject to review by the
City Manager if the employee so requests in writing within 5 working days following notice of
action. This written request must include the disciplinary action taken, the circumstances
surrounding the action, and the reason(s) the action is invalid. The City Manager shall have the
authority to approve, disapprove, modify, or rescind any disciplinary action taken. The City
Manager shall be final and binding arbiter in these matters.
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CHAPTER SIX
EMPLOYEE COMPLAINTS AND APPEAL PROCESS
6.01 Right to Appeal
Any employee of the City of La Porte, who believes they have been improperly or unfairly
treated in their work relationship with the City, shall have the right to file an appeal within 5
working days. Employees are encouraged to use the following appeal procedure and will not be
discouraged from submitting an appeal.
6.02 Oral Discussion
The City believes employee concerns are best addressed through open communication.
Employees must follow the chain of command with these discussions. Employees are directed
to first discuss their work-related concerns with their immediate supervisor. The supervisor
addressing the employee's complaint will attempt to resolve the complaint or explain why it
cannot be resolved to the employee's satisfaction. The process will continue through the chain
of command.
6.03 Appeal Procedure
Following these discussions, employees remaining dissatisfied may submit a written complaint
to their immediate supervisor, with a copy to Human Resources, within 5 working days.
It is the responsibility of the immediate supervisor to study the complaint and attempt to resolve
it within 5 working days. The resolution should be in writing and a copy given to the complaining
employee and Human Resources. If the complaint cannot be satisfactorily resolved within the
5-day period, or if the complaining employee does not accept the supervisor's resolution, then
the supervisor shall refer the matter, with comments and/or recommendations to the next higher
level of supervision within 5 working days of the decision. The Department Director shall be the
last person in the department to whom an unresolved matter will be taken.
If the work-related complaint remains unresolved, the employee may appeal to the City
Manager within 5 working days of the department's final decision. The City Manager may direct
Human Resources to investigate the complaint and recommend a decision based upon
interviews and supporting written documents. The City Manager shall consider all parties'
positions and make the final decision. Within five (5) days of receiving the appeal, the City
Manager shall meet with the employee to discuss the grievance and decide what action, if any,
to take regarding the appeal and notify the employee in writing of the decision. The decision of
the City Manager, regarding any action on the grievance, is final.
Any intimidation, coercion, or threatened reprisals used to violate the intent of this complaint
procedure by either the employee or any level of supervision shall constitute a basis for
disciplinary action.
6.04 Texas Whistle Blowers Act
The Texas Whistle Blowers Act provides that the City may not suspend or terminate the
employment of, or otherwise discriminate against, a City employee who reports a violation of
law to an appropriate law enforcement authority, if the employee report is made in good faith.
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CHAPTER SEVEN
ATTENDANCE AND LEAVE POLICY
7.01 Attendance and Work Hours
Reaular Work Hours-
An employee's normal workweek shall be defined based on their assigned position.
For employees assigned a 9/80 schedule, the workweek will commence at noon on Friday and
end on the following Friday at noon. Employees on this schedule will work 7:30 am - 5:30 pm
Monday - Thursday and 8:00 am - 5:00 pm on Friday with alternating Fridays off, and consist of
40 hours per work week.
For employees assigned a standard 40 hour work week, the normal work week shall begin on
midnight Sunday and end at midnight on the following Sunday, consisting of 40 hours per
workweek. The actual work schedule shall be assigned by the employee's supervisor.
Non exempt Fire personnel work a 24-hour shift based on a 28-day, 212 hour work cycle.
In times of disaster or emergency, working hours shall be determined by the City Manager.
Adiustment to Work Hours- In order to assure the continuity of City services, it may be
necessary for Department Directors to establish other operating hours for their departments.
Work hours and work shifts must be arranged to provide continuous service to the public.
Meal Periods- Full-time employees (excluding most Emergency personnel) are provided a one-
hour unpaid meal period near the middle of the workday. Meal periods may be staggered by
the Department Director in order to minimize departmental interruption.
Attendance and Punctualitv- To maintain a safe and productive work environment, the City
expects employees to be reliable and punctual in reporting to work. Absenteeism and tardiness
may lead to disciplinary action, up to and including termination of employment. In the instance
an employee cannot avoid being late to work or is unable to work as scheduled, the employee
must personally notify hislher supervisor as soon as possible of the anticipated tardiness or
absence in accordance with Departmental procedures.
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7.02 Excused Absence
In order for the absence to be considered excused, an employee will be required to furnish a
doctor or hospital statement to the supervisor verifying an illness or accident and medically
releasing the employee from any of the following circumstances:
1. When an illness or accident caused the employee to be hospitalized.
2. When the absence was for more than 3 consecutive workdays. Twenty-four hour shift
personnel will be required to submit said medical statement if absence exceeded 2
consecutive workdays.
3. When the employee's return to work will pose a direct threat to the safety or health of
others.
4. When an employee is under the physical report status provision of the sick leave policy.
When the absence occurred on a regularly scheduled workday preceding or following a holiday
or regularly scheduled vacation day the employee may be required to submit a doctor or
hospital statement verifying an illness or accident.
7.03 Unexcused Absence
Unexcused absences are be defined as follows. This list is not intended to be all-inclusive:
1. Tardiness
2. Unverified sick time
3. Unauthorized time off
4. Failure to call supervisor within fifteen minutes after the start of the employee's
scheduled work time or as determined by departmental policy.
5. Job Abandonment
An employee who fails to properly notify his/her supervisor in advance of an absence or tardy
will be subject to disciplinary action up to and including termination of employment. An
employee who fails to notify the City of an absence of three days or more will be presumed to
have voluntarily resigned his/her employment.
7.04 Repeated Unexcused Absences
Employees repeatedly incurring unexcused absences shall be subject to disciplinary action up
to and including termination.
Unexcused absences from work for a period of 3 full consecutive working days shall be
considered as a voluntary resignation. Twenty-four hour shift personnel with unexcused
absences of 2 consecutive shifts shall be considered as a voluntary resignation.
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7.05 Inclement Weather
Employees should not assume the City Offices or operations are closed during inclement
weather. We are a service operation and as such we are obligated to the citizens to perform our
duties. In the event of conditions such as freezing, flooding, etc., employee safety will be
considered. If an employee believes it is unsafe to drive, that employee must contact their
supervisor and notify him/her that they do not feel safe to drive. The employee will not be paid
for the day of missed worle
In the event of natural disasters or emergencies that require evacuation (such as hurricanes,
chemical releases or other major disasters) employees must refer to their department policy
pertaining to emergency procedures and additionally call the Employee Hotline.
7.06 Holidays
The following is a list of approved holidays:
New Year's Day
Good Friday
Memorial Day
I ndependence Day
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
Employee Discretionary Day
January 1
Friday before Easter
Last Monday in May
July4
First Monday in September
Fourth Thursday & Friday in November
December 24
December 25
Designated by Employee (2 Days)
If an official City holiday occurs on a Saturday, it will be observed on the Friday before. If an
official City holiday occurs on a Sunday, it will be observed on the Monday after.
Shift personnel will observe official City holidays on the actual day of observance.
Regular full-time employees will be paid one workday's pay for each holiday. To be eligible for
holiday pay, the employee must work the scheduled workdays preceding and following the
holiday unless the Department Director approves an excused absence.
Employees scheduled to work on a holiday, and who fail to work as scheduled, without an
excused absence, will not be eligible for holiday pay. An employee required to work on a
holiday will receive the holiday pay plus their regular rate of pay for hours worked.
Official City holidays shall be considered the same number of hours as an employee's regular
workday.
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7.07 Vacation
An employee may not use any accrued vacation leave until he/she has successfully completed
his/her initial employment introductory period, unless all accrued sick leave has been
exhausted. Regular part-time, temporary, and seasonal employees do not earn vacation leave.
Use and Schedulina of Vacation Leave - Vacation leave is a benefit intended to provide
employees with paid time away from the work environment to pursue activities that will promote
the well being of the individual. Vacation leave may also be used for purposes of attending to
personal business, extension of sick leave when sick leave is exhausted, inability to get to work
because of inclement weather, or for other purposes, and may be taken in hourly increments.
Employees must schedule their vacation leave in accordance with their Department's
guidelines.
Maximum Accruals - The maximum accrual for vacation leave is 1.5 times the employee's
annual accrual rate.
ComDensation for Vacation Leave- Vacation is paid at the employee's base rate at the time of
vacation. It does not include overtime or any special forms of compensation. Vacation time is
paid only for hours the employee would ordinarily have worked. Employees will not be paid for
any unused vacation, except upon separation of employment.
Upon termination, retirement or resignation an employee shall be paid for accrued vacation
leave up to a maximum of 1.5 times their annual accrual rate at the rate of pay the employee
was receiving at the time of separation. Only employees who have successfully completed one
(1) year of employment with the City are entitled to this payout provision upon separation. Upon
the death of an employee, vacation leave will be paid to the estate of the employee.
Vacation leave is accrued as follows:
EmDlovees whose reaularly scheduled workweek is 40 hours:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
0-4 3.08 80 hours
5-9 4.62 120 hours
10-14 6.16 160 hours
15 + 7.70 200 hours
Employees whose regularly scheduled workday is 24 Hours and who were hired on or
after October 1, 1984:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
0-4 4.62 120 hours
5-9 7.39 192 hours
1 0-14 9.24 240 hours
15 + 12.00 312 hours
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7.08 Sick Leave
Sick leave is paid time away from work due to an employee's bona fide illness or injury that
prevents him/her from working. Employees who are unable to work due to illness or injury or
other situations covered by this policy must immediately notify the appropriate supervisor in
accordance with the procedures adopted by their Department.
Eliaibilitv - All full-time employees begin accruing paid sick leave on their date of hire. Part-
time, temporary and seasonal employees do not accrue sick leave. Eligible employees may use
accrued sick leave only if approved by their supervisor and/or Department Director.
Accrual Rate:
Full-Time 8 Hour Emolovees
Sick leave for regular full-time employees shall accrue at the rate of 3.70 hours per pay period,
which amounts to 1 day for each full month employed in a calendar year, totaling 12 working
days to a full-time employee's credit each 12 months.
Full-Time 24 Hour Shift Personnel
Sick leave for 24-hour shift personnel shall accrue at a rate of 5.91 hours per pay period.
Civil Service Emolovees
Civil Service employees shall accrue sick leave at the rate of 15 days per calendar year in
accordance with the provisions of Chapter 143 of the Texas Local Government Code.
Maximum Accrual -The maximum sick leave time which may be accumulated by any
employee shall be 90 days (720 hours) for regular full-time employees. For 24-hour shift
personnel, the maximum accrual is 1,152 hours. Civil Service employees may accrue unlimited
sick leave.
Authorized Use of Sick Leave
For the emolovee - Accrued sick leave may be used for absences due to the
employee's bona fide personal illness, accident, injury that prevents him/her from
working, or birth of a child (if the employee physically gave birth; otherwise use of sick
leave for child birth falls under the section below).
For the emolovee's immediate familv - Up to twelve (12) days of annual accrued sick
leave will be allowed for absences when the employee is needed to care for a member
of his or her immediate family who is ill or injured. For purposes of this policy,
"immediate family" is defined as a dependent of the employee.
Phvsical Reoort Status - Sick leave exceeding 40 hours in any 6-month period may cause an
employee to be placed on physical report status. Employees under this status are required to
submit to their supervisor a medical doctor's statement of fitness for duty upon returning to work
from an illness. Failure to submit such medical statement may result in disciplinary action.
Physical report status will remain in effect for 6 months from the date of the action.
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Minimum Increments - Sick leave must be taken in minimum increments of one hour.
Failure to ReDort Absencel Abuse of Sick Leave - Supervisors are expected to closely
monitor use of sick leave. It is anticipated that employees using paid City sick time for their own
illnesslinjury or that of a family member will use their sick leave time to recuperate or care for
their family member. Trips to the doctor or hospital stays/visits, which take the employee away
from the home, are acceptable, but other personal pursuits during paid sick leave will be
considered an abuse of this policy. Abuse of sick leave, including use of sick leave for anything
other than an illness, injury, or doctor/dentist appointment as provided for in this policy, may
result in immediate disciplinary action, up to and including termination of employment, and may
also render the employee ineligible for paid sick leave benefits. Similarly, employees who fail to
timely report an absence or tardiness due to illness, injury, or doctor/dentist appointment may
be disqualified from using sick leave for their absence.
Documentation - Employees must present satisfactory proof of illness/injury that prevents
him/her from working whenever the employee uses sick leave for 3 or more consecutive work
days, and at any other time if requested by the City. An employee may also be required to
present satisfactory proof of family relationship and/or satisfactory proof of a family member's
illness, injury, and/or doctor/dentist appointment if the employee wishes to use accrued sick
leave to care for a family member. If the employee fails to present such proof in a timely
manner, use of sick leave will be disallowed and no other paid leave may be used for the
absence. Abuse of sick leave may result in discipline up to and including termination of
employment.
Familv and Medical Leave Act Leave - Sick leave exceedina 14 days must be in
accordance with FMLA leave. Any absence that qualifies for both Family and Medical Leave
Act leave and sick leave will follow the guidelines set out in this policy, and will typically be
counted as both.
7.09 Family Medical Leave Act
The City of La Porte offers FMLA leave pursuant to the provisions of the Family and Medical
Leave Act of 1993. Under FMLA, eligible employees may take up to 12 weeks of unpaid leave
each year for specified family and medical reasons.
EmDlovee Eliaibilitv
To be eligible for FMLA leave, an employee must have worked for the City of La Porte:
· For at least 12, and
· For at least 1,250 hours in the last 12-months preceding the start of the leave.
FMLA Leave Runs Concurrentlv With Other TVDes of Leave
If an employee has any available accrued sick leave or vacation leave, it must be used
concurrently with any available FMLA leave, provided the employee's absence is covered by the
City's sick leave policy. FMLA leave will also run concurrently with any time off from work
covered by workers' compensation.
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Leave Entitlement
Eligible employees may take FMLA leave for one or more of the following reasons:
1. The birth or placement of a child for adoption or foster care;
2. To care for a spouse, child, or parent with a serious health condition; or
3. Because of your own serious health condition which renders you unable to perform the
functions of your position.
To determine eligibility for leave, the City uses a rolling 12-month period measured backward
from the date of any FMLA leave
EmDlovee's Notice Reauirements
In order for the City to accommodate an employee's workload during his/her absence, an
employee seeking to take FMLA leave must provide both his/her Department Director and the
Human Resources Manager with at least 30 days advance notice when the leave is
foreseeable. If the leave is not foreseeable, an employee is expected to provide both his/her
Department Director and the Human Resources Manager with as much advance notice as
possible or in the case of catastrophic incidents notice is required soon thereafter. In the event
of medical leave for planned medical treatment for the employee or for the employee's spouse,
child or parent, the employee is required to make a reasonable effort to schedule the treatment
so as not to unduly disrupt the City's operations.
All supervisors must immediately notify both their Department Director and the Human
Resources Manager if they have reason to believe an employee's absence is due to an FMLA-
covered reason.
Medical Certification and Other Reauired Documentation - An employee must provide the
City with a medical certification supporting the need for FMLA leave due to a serious health
condition affecting the employee or the employee's spouse, child or parent. The certification
must set forth the beginning and expected ending dates of the leave. In the case of intermittent
leave, the certification must also provide the dates and duration of the treatments necessitating
the intermittent leave. Forms are available from the Human Resources Department. Once
FMLA leave is requested, the employee will be required to submit medical certification
information later than 15 days after the date the leave is requested. Failure to provide
requested medical certification in a timely manner may result in denial of leave until it is
provided.
If FMLA leave is taken because of the employee's own serious health condition, the employee
must:
· Contact the City on the first and third Friday of each month regarding the status of the
condition and their intent to return to work
· Upon completion of FMLA, the employee will be required to submit a "fitness-for-duty"
certification before the employee can return to work.
o The City, at its expense, may require an examination by a second health care
provider designated by the City, if it reasonably doubts the medical certification
initially provided. If the second health care provider's opinion conflicts with the
original medical certification, the City, at its expense, may require a third,
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mutually agreeable, health care provider to conduct an examination and provide
a final and binding opinion.
If an employee elects to take FMLA leave in order to care for a family member, the employee
may be required to provide reasonable documentation confirming a family relationship.
Intermittent Leave - An eligible employee may take FMLA leave on an intermittent or reduced
schedule basis only if "medically necessary," or otherwise approved by the Department Director.
When intermittent leave is needed, the employee must try to schedule the leave so as not to
unduly disrupt the Department's operations. The City may temporarily transfer the employee to
an alternative position (with equivalent pay and benefits) in order to better accommodate an
employee's intermittent or reduced leave schedule. When an employee is absent due to
intermittent leave, upon their return to work, the employee must provide medical certification so
the absence can be recorded as a qualified FMLA absence. The employee will not be allowed
to return to work without providing the medical certification.
Benefits Durina FMLA Leave - During any period of FMLA leave, the City will continue to pay
its portion, if any, of any group health insurance coverage for the employee on the same terms
as if the employee had continued to work.
Job Restoration After FMLA Leave - Upon return from FMLA leave, an employee will be
restored to his/ her original job or to an equivalent job with equivalent pay, benefits, and other
terms and conditions.
7.10 Workers' Compensation
Personnel injured on the job shall be eligible for leave with pay for up to seven (7) days. These
days may not be charged against the employee's sick leave. Employees injured on the job may
be eligible for workers' compensation on the eighth (8) day of injury leave upon certification of a
physician that the employee is not able to fulfill his/her job duties.
Personnel may return to a position with the City when a physician certifies that the employee is
able to fulfill their job duties and return to work.
7.11 Administrative Leave
Employees may be ordered not to return to work and placed on administrative leave with pay
when recommended by the Department Director and approved by the City Manager.
7.12 Leave Without Pay
In circumstances not falling within other provisions of these rules, the Department Director may
authorize an employee to take leave without pay under such terms and conditions as may be
mutually agreeable up to a maximum of 2 calendar weeks. Authorized leave without pay in
excess of 2 weeks must be approved by the City Manager.
A Leave of Absence Without Pay will not be authorized unless there is a reasonable expectation
that the employee will return to employment with the City at the end of the approved leave
period.
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Use of All Other Available Leave - All paid leave authorized under FMLA must be used prior
to authorizing Leave Without Pay to an employee. If the Leave Without Pay is due to the
employee's own illness or injury, all sick leave must also be used prior to authorizing Leave
Without Pay.
Documentation - Requests for leave without pay must be made in writing to the employee's
Department Director as far in advance as possible prior to the requested leave date. Requests
for an extension of leave must also be in writing and submitted to the Department Director, who
will forward the request to the City Manager's office and the Human Resources Manager. The
need for a leave without pay must be supported by documentation acceptable to the City. The
Department Director and/or City Manager may require that the employee on leave periodically
contact a designated supervisor to report on his/her condition or status. Before returning to
work from a medical leave without pay, the employee may be required to submit a letter from his
or her doctor stating that the employee is able to resume his or her normal job duties.
Revocation - The City Manager may revoke authorized leave without pay at any time. Failure
to return to work after the expiration of an authorized leave without payor failure to provide
required status reports, physician's statements, or to contact the City per the required schedule
will likely result in disciplinary action up to and including termination.
7.13 Bereavement Leave
The City will grant a maximum of 3 days bereavement leave per calendar year for an employee
to attend the funeral of a family member including spouse, and the following of either the
employee or spouse: child, brother, sister, parents, grandparents, or foster parents.
Department Directors may approve the employee's request to take sick and/or vacation leave in
addition to the 3 days bereavement leave as follows:
1. The first 3 days will be charged to bereavement leave
2. Days 4 through 6 may be charged to sick leave. Leave exceeding 6 days will be
charged to vacation.
3. Employees have the option to use vacation rather than sick leave for days 4 through 6
7.14 Jury Duty
The City provides paid leave to regular full-time employees required to serve on jury duty or
requested to testify as a witness by the City in a City-related civil, criminal, legislative, or
administrative proceeding.
The employee must provide documentation of the requirement for jury duty, subpoena
compliance, etc., with his/her leave request. Employees must submit supporting documentation
to their supervisor as soon as possible so that arrangements can be made to accommodate the
absence.
Employees on jury duty leave should keep up with their job responsibilities if possible. An
employee who is on jury duty typically must report for City duty for the remainder of the day
upon completion of court or jury service, or request approval for use of other available paid time
off. Any payment for jury duty received by the employee may be retained by the employee.
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Jury duty leave is paid at the employee's base rate at the time of leave and does not include
overtime or any other special forms of compensation.
7.15 Military Leave
The City complies with all state and federal laws relating to employees in reserve or active
military service and does not discriminate against employees who serve in the military.
Temporary employees who have brief or non-recurrent positions with the City and who have no
reasonable expectation that their employment with the City will continue indefinitely or for a
significant period of time are generally ineligible for extended paid military leave in excess of 15
days, reemployment rights, or any other military leave benefits under this policy.
This policy covers employees who serve in the uniformed services in a voluntary or involuntary
basis, including active duty, active duty for training, initial active duty for training, inactive duty
training, and full-time National Guard duty.
Notice to City of Need for Leave
Employees must provide as much advance written or verbal notice to the City as possible for all
military duty (unless giving notice is impossible, unreasonable, or precluded by military
necessity). Absent unusual circumstances, such notice must be given to the City no later than
48 hours after the employee receives the military orders. An employee should provide notice as
far in advance as is reasonable under the circumstances. To be eligible for paid military leave,
employees must complete and submit the official documents setting forth the purpose of the
leave, and if known, its duration.
Military leave may be either military training leave or military duty leave (active duty). Military
training leave shall be leave with pay. Active duty shall be leave without pay. An employee of
the City and who is a member of the state military forces or a reserve component of the armed
forces is entitled to leave absence from their duties on a day on which the person is engaged in
authorized training or duty ordered or authorized by proper authority. During a leave of
absence, the employee may not be subjected to loss of time, efficiency rating, vacation time, or
salary. Leaves of absence under this paragraph may not exceed 15 days in a federal fiscal
year. (Texas Government Code, Section 431.005)
Regular employees who present official induction orders (draftee or reserve unit call up) to enter
the United States Armed Forces, the Texas National Guard, or the Texas State Guard will be
eligible for military duty leave without pay. At the time of military discharge, the employee shall
be reinstated at a position comparable to what the employee would have attained had he not
been on active duty. This shall include any promotions and/or pay raises for which the
employee would have been eligible had the employee been at work instead of active duty. (Per
Uniformed Services Employment and Reemployment Rights Act 38 U.S.C. 2021 et. Seq)
Benefits
The City will continue to provide employees on paid military leave with most City benefits at the
employee's cost.
Medical and Dental - While an employee is on paid military leave (or any military leave of
less than 31 days), the City will continue to pay its portion of the monthly premium for group
health benefits.
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Upon an employee's return to employment following military service, the City will provide
health insurance coverage immediately, even if a waiting period is normally required for new
or returning employees. In addition, a returning employee will not be subjected to exclusions
from coverage unless the exclusions apply to injuries or conditions that were incurred as a
result of military service.
Other Benefits - While on paid military leave, employees continue to accrue vacation, sick
leave and other benefits provided to other employees on paid leave. The City will also
continue to pay the premium for any City-provided life insurance while the employee is on
paid military leave.
TMRS - Typically, an employee's period of uniformed service is deemed to constitute service
for purposes of vesting and benefit accrual. Thus, employees earn service credit for time
spent on active duty military leave. Service time is credited when an employee returns to
work. To qualify for service credit, an employee must: return to work for the City within 90
days after discharge; receive an honorable discharge; and timely complete the necessary
application. In order to receive monetary credit, an employee has the lesser of 5 years or 3
times the length of the military service to make up any TMRS contributions that were missed
while on military leave.
Returnina from Leave-
Reemplovment Riahts - Employees who complete their military service will be re-
employed in accordance with federal law.
Deadline to Notify City of Intent to Return to Work - The deadline for an employee to
return to work and/or notify the City that he/she intends to return to work following
military leave depends upon how long the employee's military service lasted:
A) For service of less than 31 days, employees have 8 hours following their
return home from service to report for their next scheduled work period.
B) For service between 31 days and 180 days, employees have 14 days
following their release from service to apply for reemployment.
For service of more than 180 days, employees have 90 days following their release from
service to apply for reemployment.
These deadlines may be extended for 2 years or more when an employee suffers
service-related injuries that prevents him/her from applying for reemployment or when
circumstances beyond the employee's control make reporting within the time limits
impossible or unreasonable.
Reauired Documentation - To qualify to return to work, an employee returning from
leave must provide documentation of the length and character of his/her military service.
Also, evidence of discharge or release under honorable conditions must be submitted to
the City if the military leave lasted more than 31 calendar days.
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CHAPTER EIGHT
EMPLOYEE WAGE AND BENEFITS
8.01 Position Classifications
All City positions are classified as either exempt or nonexempt, and paid in accordance with the
Fair Labor Standards Act.
8.02 Salary Administration
The City may have one or more salary schedules that correspond with the position classification
plan. All salary schedules shall be administered in accordance with the City policy Salary
Administration of the Personnel Policy approved by Council as subsequently amended.
8.03 Method of Payment
City of La Porte employees are paid on a bi-weekly basis through direct deposit or pay cards
only. Check stubs are issued to Departments on Fridays.
If a payday falls on a holiday, check stubs will be issued the last business day prior to the
holiday.
8.04 Benefits Eligibility
All regular full-time employees are eligible to receive the full scope and level of benefits offered
by the City.
Temporary employees, part-time or emergency temporary appointments, are not eligible to
receive any benefits other than workers' compensation coverage.
8.05 Texas Municipal Retirement System
All employees will be enrolled as a member of the Texas Municipal Retirement System.
Members will deposit by payroll deduction, seven (7%) of their gross salary. The City will match
the deposit on a 2 to 1 ratio.
If an employee leaves the service of the City, they may withdraw the deposits they have made,
plus interest earned on those deposits. The deposits made by the City cannot be withdrawn
unless the employee is eligible for retirement.
Members may also be responsible for paying taxes on the amount withdrawn and should
communicate with Texas Municipal Retirement System in regards to possible taxation of
withdrawn deposits.
Employees will become vested after ten (10) years of employment. Vesting means that
employees who terminate their employment with the City after ten (10) years and do not
withdraw their deposits, will be entitled to retirement annuities, based on deposits and interest
earned at sixty (60) years of age or twenty (20) years of service.
Employees should contact Human Resources for further information on preparing for retirement.
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8.06 Retiree Medical Benefits
The following persons are eligible for retiree medical coverage:
. Present retirees of the City of La Porte receiving retirement annuities as a qualified
annuitant under the Texas Municipal Retirement System
. Who have retired in accordance with the City of La Porte Employee Policies Handbook;
and were employed by the City of La Porte at the time of their retirement.
. Retirees re-employed after retirement from the City of La Porte that have employer
sponsored health care coverage available through the new employer may not continue
health coverage with the City of La Porte, except for those with 30 years or more
tenure with the City of La Porte.
If an employee works 30 years or more with the City of La Porte they may maintain the City of
La Porte sponsored health plan as secondary, while working for a new employer offering a
health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are
reemployed by a new employer, and who subsequently separates employment from the new
employer, a one time deferral shall be allowed whereby the retiree may rejoin the City of La
Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a
spouse as a dependent at the time of their initial retirement, a retiree who rejoins the City of La
Porte health plan as a retiree participant under the one time deferral may include their spouse
as a dependent, consistent with allowances made under Federal COBRA law. Retirees who are
self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not
be covered. Annual contributions by retirees to the health plan will be based on the total cost
per employee of the plan to the City.
. City employees who retire from City of La Porte employment on or after January 01,
2006 and
o who have a combination of years of service with the City of La Porte, plus age,
totaling 80; and
o who retire as a qualified annuitant under the Texas Municipal Retirement
System; who retire in accordance with the City of La Porte Employee Policies
Handbook; who complete at least 20 years of service with the City of La Porte,
and are currently employed by the City of La Porte at the time of their retirement.
All applicable costs of the Plan will still apply. For those retirees who are self-
employed, occupational illnesses or injuries shall not be covered. Annual
contributions by retirees to the health plan will be based on a cost schedule
determined by years of service, as established under Section 5, "Premiums", of
this chapter.
City employees meeting the eligibility requirements for
· disability retirement under the Texas Municipal Retirement System Act and
· have been declared permanently disabled under the Social Security Act, and have
elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which
shall be secondary to Medicare benefits, provided they have worked for the City of La
Porte for ten (10) continuous years at the time of disability determination. Costs
associated with retirement under this tier shall be 75% of the city cost.
The retiree and dependent coverage will be primary for those participants not yet qualified for
Medicare. The coverage will be secondary for those retirees and retirees' dependents who are
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Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30
or more years tenure with the City of La Porte, who have employer sponsored health coverage
available through their new employer, or for retirees reemployed with the City of La Porte, as
hereinabove provided.
If a covered retiree dies, dependents may continue coverage until the earlier of the date the
surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until
any unmarried children financially dependent upon the covered retiree is 25 years of age.
Surviving dependents shall pay the appropriate contribution toward dependent coverage as
established in this chapter.
Retirees who work for another employer offering health coverage shall not be eligible for retiree
health coverage from the City after their subsequent employment ends, regardless of the length
of service with the subsequent employer.
Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from
the City.
Premiums: The City of La Porte utilizes a self-funded medical plan so there are no formal
premiums paid for health coverage. Each year, during the budget process, an amount is
determined for each employee to cover claims and administration of the medical fund.
The Total Plan Cost is the Total annual dollar allocated each year by budget as approved by
City Council for the City of La Porte for Health Insurance for each employee, including employee
and employer contributions.
Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule
determined by years of service, outlined below. Under this schedule, a retiree pays a
percentage of the city's contribution to the plan participant's health coverage, based on years of
service, but pays the entire cost of dependent coverage, regardless of years of service.
As mandated by Texas Local Government Code Chapter 175, City employees meeting eligibility
requirements under the Texas Municipal Retirement System Act to receive retirement benefits,
may, regardless of age or years of service with the City, purchase at their own expense, the
combined City and employee cost of continued health benefits coverage for the employee and
the employee's dependents, unless the employee is eligible for group health benefits coverage
through another employer. To purchase continued health benefits coverage the employee must
inform the City of their election not later than the day on which the employee retires from the
City. A person who elects to purchase continued coverage who subsequently discontinues
coverage, is no longer eligible for coverage; likewise, a dependent for whom coverage is
discontinued is no longer eligible for continued coverage. A person who was not covered under
the employee's plan at the time of retirement is not eligible for continued coverage. The City
may substitute Medicare supplemental health benefits coverage as the coverage provided to a
retiree under this section, including a dependent, after the date the retiree becomes eligible for
federal Medicare benefits.
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Eligible dependents include:
. Your lawful spouse who is legally married to and living with you;
. natural children; stepchildren; children who, before reaching the age of 18, are either
adopted by you;
. Or other children for whom you have care, custody and control under court decree.
A dependent child must be unmarried and rely on you for primary support and maintenance.
Dependent children remain eligible until age 25 as long as they are enrolled as a full-time
student.
Retirees may not add dependents once retired. There are no qualifying events to add
dependents. Dependents may be dropped by written request at any time.
Retirees shall pay all required contributions to the City by the 15th of the month of coverage.
One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual,
quarterly or monthly. Failure to pay the required contribution will result in termination of the
member's participation in the City of La Porte sponsored health plan. Payment delayed beyond
60 days will initiate COBRA notification for continuation of health coverage once the member is
terminated from the Plan.
Years of Service Percentage Retiree Pays
20 60% of the Total Plan Cost + dependent coverage
21 55% of the Total Plan Cost + dependent coverage
22 50% of the Total Plan Cost + dependent coverage
23 45% of the Total Plan Cost + dependent coverage
24 40% of the Total Plan Cost + dependent coverage
25 35% of the Total Plan Cost + dependent coverage
26 30% of the Total Plan Cost + dependent coverage
27 25% of the Total Plan Cost + dependent coverage
28 20% of the Total Plan Cost + dependent coverage
29 15% of the Total Plan Cost + dependent coverage
30 10% of the Total Plan Cost + dependent coverage
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8.07 Short-Term Disability
Employees are eligible to participate in short term disability coverage through the City of La
Porte. This coverage provides employees compensation of 60% of their pre-disability earnings
in the event of an injury or illness lasting up to 90 days. Premiums are paid through payroll
deduction.
8.08 Long-Term Disability
All employees who have worked at least 6 complete months with the City are covered by a long-
term disability insurance policy. This insurance policy provides for 60% of your monthly salary
beginning on the 91 sl day of a serious illness or injury up to the age of 65. The premiums for
this policy are paid by the City.
8.09 Workers' Compensation Insurance Program
All employees of the City of La Porte are covered by Workers' Compensation Insurance. This
insurance may cover any employee who suffers an on-the-job injury; however, the employee
must use an approved doctor. For further information, please contact the Human Resources
Department.
8.10 Uniforms
At the will of the City, and if financially feasible, the City may furnish uniforms or provide
allowances for employees who must wear uniforms in the performance of their duties.
8.11 Overtime Pay
Employees shall work overtime hours only when necessary and not without prior approval of
their Department Director. Overtime hours are computed at the rate of one and one-half times
the regular hourly rate of pay. This policy is in compliance with the Fair Labor Standards Act
(FLSA) in administering overtime pay.
When possible, advance notification of mandatory overtime assignments will be provided.
Overtime assignments will be distributed as equitably as practical to all non-exempt employees
qualified to perform the required work. Refusal or other failure to work mandatory overtime may
result in disciplinary action up to and including termination of employment. Overtime work is
otherwise subject to the same attendance policies as straight time work. Non-exempt
employees who work overtime without receiving proper authorization may be subject to
disciplinary action, up to and including possible termination of employment.
Under the Fair Labor Standards Act and amendments of 1985, the City of La Porte has elected
to utilize exception 7(k) and has established a 28-day work cycle for its Firefighters who
regularly work 24-hour shifts. The recognized average workweek for these employees is 53
hours. For 24-hour firefighter shift personnel, the workweek shall begin and end at the start of
the first work shift after the first Sunday midnight in the 28-day work cycle.
Calculation of scheduled overtime pay for 24-hour Firefighter shift personnel shall be based on
the number of hours worked over 212 in a 28-day work cycle. Scheduled overtime pay will be
calculated and employees compensated for hours worked over 212 at the conclusion of the 28-
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day cycle or every other payday. For 24 hour firefighter shift personnel unscheduled overtime
shall be calculated on hours worked over the employee's regular scheduled shift in a twenty
eight day cycle.
Hours worked is defined for all personnel to mean hours of physical presence at a job site.
When an overtime eligible employee who is on scheduled time off is required to work
unscheduled hours during the same work week as the scheduled time off, the scheduled time
off will be counted as "hours worked" thereby allowing the employee to be eligible for overtime
pay. For purposes of this policy, scheduled time off is:
1. Jury duty
2. Military Leave (as defined in the Military Leave Policy)
3. Vacation Leave
The following leaves shall not be considered as hours worked in the calculation of overtime:
1. Administrative leave with pay
2. Administrative leave without pay
3. Sick Leave
4. Holiday Leave (see below)
Holidav Leave
Calculation of overtime pay for 8 hour personnel will not include Holiday Pay, unless the
employee actually works the Holiday Leave day or is called in on scheduled time off during the
course of the Holiday week. If the employee is not scheduled to work on the holiday, the
employee will only be paid straight time for the Holiday. Any hours that are not considered time
worked used during this period will still effect the calculation of overtime within the week (see
example #4)
Examples:
1.
M T W Th F Sa Su
= 48 hours total; 40 hours straight time and 8 hrs at
8 8 8 8 8 0 0 time on one-half.
H
The employee is scheduled to work on the Holiday, and will receive Holiday Pay and time and
one-half for working the Holiday.
2.
M
T
w
Th
F
Sa
Su
H
8
8
8
8
4
o
= 44 hours total; 40 hours straight time and 4 hours
at time and one-half.
The employee was not scheduled to work the Holiday, but worked 4 hours of unscheduled time
on Saturday, and will receive time and one-half for working overtime during the Holiday week.
54
3.
M
H
T
8
W
8
Th
8
F
8
Sa
8
Su
o = 48 hours of all straight time
The employee was scheduled to work Tuesday through Saturday and was not scheduled to
work the Holiday, and will receive 8 hours of Holiday Pay at straight time.
4.
M T W Th F Sa Su
= 52 hours (44 hours straight time + 8 hours time
8 8 8 8 8 8 0 and one-half)
H Sick
The employee was scheduled to work the Holiday, but also had sick time within the week.
Since the employee worked the holiday, the 8 hours worked on the holiday is overtime, but the
unscheduled time worked on Saturday, will be straight time because of the sick time on
Tuesday.
8.12 Standby Pay
Employees who are required to be on standby duty shall be compensated at a predetermined
rate of pay while on standby status. Employees scheduled for standby duty must be able to be
at the work site within 1 hour of the call to work.
Employees who work overtime during their assigned standby duty period shall be paid at one
and one-half times their regular basic hourly pay rate in accordance with FLSA, as well as the
predetermined standby duty pay rate.
Standby pay shall not be paid to any employee:
1. Who is placed on standby due to emergency situations such as hurricanes and floods
2. Who is placed on standby while awaiting court proceedings
8.13 Longevity Pay
Longevity pay is a benefit provided by the City to regular full time employees. It is based on the
length of continuous service of regular full-time employees with the City. On the first of
December each year all regular full-time employees who have completed one full year of
service with the City, will be paid this benefit. The benefit is calculated based on the number of
months of continuous service, not to exceed 300 months, at the rate established by the City
Council.
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8.14 Education Reimbursement
It is the City's policy to provide education reimbursement in order to help employees develop
current and potential future job skills. The Education Reimbursement Policy and Procedures
are maintained and administered by Human Resources. Highlights of the policy include, but are
not limited to:
. Only regular full-time employees are eligible
. Employees must attend courses during off-duty hours and will not be compensated for
their course work as hours worked
. The City will reimburse the employee's cost of tuition, lab fees and building uses fees up
to a maximum of 17 semester hours annually at an accredited university. The employee
must receive a passing grade of C or above in order to receive reimbursement. The City
will not reimburse more than $3,500 annually per employee under this policy.
. The City will not reimburse courses covered by Veteran or other educational assistance
programs, nor does it cover any incidental expenses such as deposits, supplies, or other
personal expenses.
· The City may prepay continuing education courses required through established goals
and objectives on an employee's evaluation, with approval by the Department Director.
A certificate of completion shall be required and shall be turned in to the Human
Resources Division for placement in the employee's file. Any employee who does not
complete a prepaid course, or does not submit a certificate of completion, shall be
excluded from any future prepaid options.
8.15 Certification Pay
Departments with an approved certification pay program shall administer certification pay. The
City Manager has the final authority for approving or disapproving departmental certification
programs.
8.16 Bilingual Certification Pay
The City of La Porte provides additional compensation to qualifying employees who
demonstrate the required verbal fluency in a foreign language through a testing process.
Eligible Employees - eligible employees are those regular full-time and part-time employees
assigned to positions for which a foreign language is desirable in order to better serve citizens.
Excluded Employees - employees excluded are those for which being bilingual is a requirement
based on their job description, as it is assumed that the base pay for such positions
compensates for that and other required skills. The City Manager, Assistant City Manager and
Department Directors are also excluded for bilingual certification pay.
56
Procedure
Employees believing they qualify for bilingual pay should request a Bilingual Pay request Form.
The form is available in the Human Resources Department.
If an employee receiving bilingual pay is promoted, transferred or demoted to a position where
the language skill is not needed, voluntarily withdraws from the bilingual pay program, or fails to
pass the required recertification tests, the employee's current department director will be
responsible for issuing a Status Change Form to discontinue the bilingual certification pay.
Human Resources will notify Department Directors when certification tests are due for
participating employees.
Certification Testina
Human Resources will coordinate all testing procedures with the selected outside vendor
agency. Employees must use the City's approved vendor for testing.
The City will pay for one language proficiency test process per eligible employee per year. A
year is defined as a rolling 12-month period.
Employees must demonstrate abilities for verbal and/or written language fluency on a certified
test conducted by the approved outside vendor agency. Employees who pass language fluency
tests will be required to re-test every four (4) years at the city's expense.
Employees who fail to pass the initial requalification test will be provided one additional
opportunity to retest within 30 days at the employee's expense to retain the language pay.
Employees who fail to pass after the second attempt will forfeit any further monthly incentive
pay. Employees who fail to take a test at the scheduled date and time will be required to pay
the cost of the missed test.
Bilinaual Pav
The city pays $50 per month for verbal proficiency. An employee proficient in verbal skills can
earn an additional $25 per month by passing the reading and/or writing test. The city will not
pay in excess of $75 per month under this policy.
8.17 Emergency Pay Policy
When an emergency impacts City employees' work schedules and status during emergency
conditions and a "state of emergency" has been declared by the Mayor, the City Manager may
grant emergency administrative leave with pay before and/or after the occurrence of a disaster,
whether natural or man-made.
If it is determined that a civil emergency condition exists, including, but not limited to, riots, civil
disorders, severe weather or hurricane conditions, other natural disasters, chemical incidents, or
similar conditions, the City Manager may suspend all provisions of the City of La Porte's
Employee Policies Handbook that may be in conflict with this section, not inconsistent with the
City of La Porte Charter or state law.
57
ScoDe
This practice applies to all non-exempt and exempt employees, and includes civil service
personnel.
Declaration of Emeraencv
Notification of State of Emergency: When a state of emergency is imminent or has been
declared, the City Manager or designee will notify all employees through department directors or
managers of such declaration.
Emeraencv Periods
Pre-Impact Period - This is the time period prior to the impending disaster and includes
emergency response activities and preventive measures by the City of La Porte's departments
in preparing for the impending emergency. This period begins when the City Emergency
Operations Center and the City Manager declares an emergency is imminent.
Emergency Period - This is the time period during which emergency response activities and
restoration of critical services are conducted to protect life and property, and most other regular
City services are suspended. This period begins and ends as declared by the City Manager.
For hurricane or storm related emergencies, the emergency period may include up to 36 hours
prior to the storm's impact and up to 36 hours following the storms impact.
Post Impact/Recovery Period - This is the time period during which activities are conducted to
restore the City's infrastructure and services to pre-disaster conditions. This period begins
when the City Manager declares the emergency period has concluded.
Emeraencv Administrative Leave/General Provisions
No one is excused from work until the City Manager, through the department directors,
authorizes employees to leave, even if a public announcement of office closures or suspension
of services is issued. Employees must return to work as soon as an emergency is over to
participate in the Post Impact/Recovery Period. Employees dismissed from work during an
emergency will be on emergency administrative leave pursuant to this policy.
This leave will start when the employee is dismissed by his/her Department Director and will
continue until the City Manager declares that it is safe for all employees to return to work.
EmDlovee ResDonsibilities
Employees are expected to return to work on their next scheduled day or shift following the City
Manger's declaration. If an employee fails to show up for work or cannot show up for other
reasons then the time lost will be Leave of Absence Without Pay, unless other paid leave
(vacation, sick, etc.) had been or is approved.
EmDlovees Safetv
The City of La Porte recognizes that all "Essential" employees have personal and family
responsibilities that may conflict with the obligation to fulfill their job requirements during
hazardous weather or state of local emergency. When evacuation of personal residences is
required, employees will be permitted and expected to make arrangements for their families like
any other citizen, including the use of authorized shelters. Employees who are not able to
58
return to work due to unavoidable or unsafe conditions related to the emergency (for instance,
they have evacuated the area and are unable to return, or they are unable to leave their
residence to return to work at City facilities due to impassable roadways, etc.) must contact their
department director or designated supervisor as soon as possible and utilize appropriate leave
time. During a state of emergency, any unauthorized absence from work or assignment may be
considered sufficient cause for discharge.
EmDlovee Status
Prior to a declaration of a civil emergency, Department Directors shall, designate "Emergency
Essential" and "Emergency Non-Essential" personnel. All personnel shall be advised of their
status as of January 1st each year. Individual employee status may change, as the needs of the
City change during the civil emergency, or at the discretion of the Department director.
Emergency Non-Essential
After a needs assessment is made, some employees may be temporarily dismissed from work,
concurrently or successively, as determined by the emergency need and the department or
function and those will be designated as "Emergency Non-EssentiaL" They will be placed on
emergency Paid Administrative Leave pursuant to this policy.
Emergency Essential
Each department director is responsible for identifying those employees who will be required to
remain or respond in the event of emergency conditions and those employees will be
designated as "Emergency EssentiaL" "Emergency-Essential" employees may be required to
be available immediately before (Pre-Impact), during (Emergency)-e.g., those within the
Emergency Operations Center-and/or after the disaster or emergency condition (Post-
Impact/Recovery) to perform duties directly related to the emergency conditions, as determined
by City.
Post-Impact/Recovery Assigned
Post-emergency, all City employees are considered Post-Impact/Recovery Assigned
employees. All City employees are to return to work after the City Manager declares it is safe to
do so. After the return to work, some employees may be further identified as "Essential
Recovery," while others may be temporarily excused from work. The City Manager and each
department or function is responsible for identifying those employees who are essential to the
quick restoration of critical services to the community. These employees designated as
"Essential Recovery" employees are required to work during periods after the emergency when
other employees may be dismissed or on authorized leave. Notwithstanding, an "Essential
Recovery" employee will be allowed reasonable emergency paid administrative leave to secure
the employee's home and family and attend to immediate personal needs resulting from the
emergency.
Emergency Duty Assignment
In the event of an emergency, the City Manager may assign employees to any duty to the extent
that the City is not in violation of any State or Federal Law. This includes employees of one
department serving in an emergency capacity for any other department or function as assigned.
59
Compensation for Hours Worked During a Declared State of Emeraency
1. During the Emergency Period, employees released from work or who are not required to
report to work due to the emergency event shall receive pay for their normally scheduled
workday. These hours shall count as "time worked" for the purpose of computing
overtime for non-exempt employees and shall be clearly noted on the time sheet with the
appropriate emergency coding as designated by the Finance Department.
2. Non-Exempt Personnel: During the pre-impact and post-impact periods, essential, non-
exempt emergency personnel will be compensated at one and one half times their
normal hourly rate for hours worked. During the emergency period, essential, non-
exempt emergency personnel will be compensated at 2 times their normal hourly rate for
the duration of the emergency period.
3. Emergency Personnel: During the pre-impact, emergency and post-impact emergency
periods, essential, exempt emergency personnel will receive up to 40 hours of
compensatory time for the first 40 hours worked. Thereafter, essential, exempt
emergency personnel will be compensated at one and one half times their hourly rate of
pay computed as if the employee was not paid on a salary basis through the duration of
the emergency. If an employee fails to take the compensatory time off within the
specified time period then the employee forfeits the unused compensatory time off,
unless failure to use the compensatory time off is due to a (1) separation of employment
(2) placement in a leave without pay status (3) to perform service in the uniformed
services or (4) because of an on-the-job injury with entitlement to injury compensation at
which time the employee will be paid at one and one-half times their hourly rate for the
amount of compensatory time the employee has left.
4. The additional compensation shall be in addition to the employee's regular salary. Each
department will provide the appropriate forms for exempt employees to document their
hours worked. Nothing herein shall be construed to affect the exempt status of such
employees.
5. Employees who are out on prior-approved leave or who called in sick during any of the
three periods will continue to be charged for such leave. All other policies concerning
remuneration shall comply with the City of La Porte's Employee Policies Handbook and
the Fair Labor Standard Act.
At the director's discretion, previously approved leave, may be cancelled when a state of
emergency is imminent or declared.
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Pre-Impact Period Emeraencv Period Post Impact/Recoverv
Period
This is the time period prior
to the impending disaster. This is the time period during This is the time period during
This period includes which emergency response which activities are
emergency response activities and restoration of conducted to restore the
preparation activities and critical services are conducted City's infrastructure and
preventive measures by to protect life and property, services to pre-disaster
Summary of the City of La Porte and most other regular City conditions, and some city
departments in preparing services are suspended. services may be suspended.
Emergency Pay for the impending
Provisions emergency.
Starts - City Activates Starts - City Manager
EOC and the City Manager Starts - As declared by City declares all clear.
declares an emergency is Manager End - As declared by
imminent. Ends - City manager declares Department Heads in
Ends - As declared by all clear. consultation with City
City Manager Manager.
For Persons Desianated as Essential:
Non Exempt - 1.5x for all Non Exempt - 2x for all Non Exempt - 1.5x hours
scheduled hours
How do you pay for Exempt - Compensatory scheduled hours worked
each period? time for first 40 hours Exempt - 1.5x for all hours Exempt - 1.5x for all hours
worked over 40 over 40
How do you pay if on Continue to charge leave Continue to charge leave Continue to charge leave
pre-approved leave?
How do you pay if on No extra pay No extra pay No extra pay
a regular day off?
When do you require Must take paid leave or
the employee to use leave without pay Administrative Leave Administrative Leave
leave?
For Persons Not Desianated as Essential:
Non Exempt - 1.5x for all Non Exempt - 2x for all Non Exempt - 1.5x hours
How do you pay for scheduled hours scheduled hours worked
each period? Exempt - Compensation Exempt - 1.5x for all hours Exempt - 1.5x for all hours
time up to 40 hours over 40 over 40
How do you pay if on Continue to charge leave Continue to charge leave Continue to charge leave
pre-approved leave?
How do you pay if on No extra pay No extra pay No extra pay
a regular day off?
When do you require Must take paid leave or
the employee to use Administrative Leave Administrative Leave
leave? leave without pay
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CHAPTER NINE
EMPLOYEE SAFETY
9.01 General Safety
The City of La Porte desires to provide a safe working environment for its employees. To
accomplish this, the City will provide all reasonable safeguards to ensure safe working
conditions. The City recognizes the need to follow good safety principles, and therefore,
believes that no job is so important and no order is so urgent that we cannot take time to
perform our work safely. The cooperation of all City employees in observing safety rules and
procedures will provide safe working conditions and accident free performance, which will
benefit both the employees and the citizens of La Porte.
9.02 Job Injuries
An employee must immediately notify his/her supervisor of any on the job injury. Failure to
notify the supervisor is grounds for disciplinary action. The supervisor shall notify the Human
Resources Manager immediately.
The supervisor shall complete an Incident Report and submit it to the Human Resources Office
within two (2) days of the incident.
9.03 Hazard Reporting
It is the responsibility of each employee to identify dangerous and hazardous conditions in and
around their work area and report them to their supervisor, so that corrective action can be
taken.
9.04 Incidents and Claims
Employees must immediately notify his/her supervisor of any incident or claim involving the City
of La Porte. The supervisor shall notify the Department Director and the Human Resources
Manager immediately.
The supervisor shall complete an Incident Report and submit it to the Human Resources
Department within two (2) days.
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CHAPTER TEN
TERMINATION OF EMPLOYMENT
10.01 Voluntary Terminations
Resianation
Employees voluntarily terminate their employment with the City when they:
. Resign either verbally or in writing
. Fail to report to work without notice to the City for 3 consecutive workdays unless the
employee's absence is excused.
Inability to Perform Job
It is the responsibility of each employee to maintain the standards of physical and mental health
fitness required for performing the essential functions of his or her position, either with or without
reasonable accommodation.
· Serious Health ConditionlDisabilities - The City recognizes that employees with a
potentially life-threatening and/or infectious illness or physical and/or mental disabilities
may wish to continue to engage in as many of their normal pursuits as their condition
allows, including their employment. As long as the employee is able to perform the
essential functions of their job, with or without a reasonable accommodation, without
creating an undue hardship, and medical evidence indicates that their condition is not a
direct threat to themselves or others, the City will treat them consistently with other
employees.
· Medical Exams for Current EmDlovees - With the approval of the City Manager, a
Department Director may require that a current employee undergo a medical and/or
psychological examination, at the City's expense, to fitness for continued employment;
as may be necessary in order for the City to provide a reasonable accommodation;
following an injury or accident; and as otherwise permitted in accordance with the
Americans with Disabilities Act.
Employees may be separated from City employment because of incapacity for medical reasons,
either physical or mental, when the employee is no longer capable of performing the essential
job functions of the position, with or without reasonable accommodation.
Termination Due to Reoraanization or Economics
The City may need to terminate employees due to reorganization, job elimination, budget
constraints, or lack of work. The City will attempt to provide advance notice of such
terminations.
Terminations due to reorganization, job elimination, budget constraints, or lack of work are not
disciplinary terminations and are not subject to procedures applicable to disciplinary
terminations.
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10.02 Exit Interview
The Human Resources Department will conduct an exit interview for all employees terminating
employment with the City. The purpose of the exit interview is to complete the employee's file
by listing the reason for separation and ensure that all issued equipment owned by the City is
returned. All final paychecks may be picked up at the Human Resources Department.
10.03 Separation Pay
Employees who terminate employment with the City in addition to receIving pay for hours
worked will also receive payment for accrued benefits in accordance with Article 5155 of the
Revised Civil Statutes of Texas. The employee will be paid at a rate based upon their final
hourly pay rate.
Non-Civil Service EmDlovees
Vacation
Regular full-time employees who have at least one year of service with City are eligible to
receive their accumulated vacation leave, not to exceed the maximum accrual of 1.5 times their
annual rate.
Sick
Regular full-time employees hired on or after February 1, 2008 employed at least 10 years with
the City will be eligible to receive unused sick leave, not to exceed 480 hours from Sick Bank 1.
Employees who were hired prior to February 1, 2008 will receive any accrued sick leave from
Sick Bank 2 and/or Sick Bank 3, but must be employed at least 10 years with the City to receive
accrued sick leave from Sick Bank 1.
Non-Civil Service 24 Hour EmDlovees
Vacation
Regular full-time employees who have at least one year of service with the City are eligible to
receive their accumulated vacation leave, not to exceed the maximum accrual of 1.5 times their
annual rate.
Sick
Regular full-time employees hired on or after February 1, 2008 employed at least 10 years with
the City will be eligible to receive unused sick leave, not to exceed 768 hours from Sick Bank 1.
Employees who were hired prior to February 1, 2008 will receive any accrued sick leave from
Sick Bank 2 and/or Sick Bank 3, but must be employed at least 10 years with the City to receive
accrued sick leave from Sick Bank 1.
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Civil Service EmDlovees
Vacation
Regular full-time civil service employees who have at least one year of service with the City are
eligible to receive their accumulated vacation leave, not to exceed the maximum accrual of 1.5
times their annual rate.
Sick
Regular full-time civil service employees will be eligible to receive unused sick, not to exceed
720 hours.
Lonaevitv
A regular full-time employee employed at least 1 year, will receive on their final check a
longevity accrual equal to the completed months of service with the City for the year,
Retirement Deduction
All final checks must have the TMRS deduction in accordance with TMRS regulations.
City ProDertv
Any employee who does not return City issued property, or owes a balance for other items on a
re-payment plan to the City, will have the cost/balance deducted from their final paycheck.
65
GLOSSARY
The words and terms used in this Employee Policies Handbook shall cover the following
meanings, unless the context clearly indicates otherwise.
ABSENCE - Not at the assigned workstation during a scheduled time
ABSENTEEISM - The frequent or periodic practice of not being present for work
ANNIVERSARY DATE - The employee's date of hire or most recent promotion date
CERTIFICATION PAY - Additional compensation for acquired skills in accordance with
approved departmental certification programs
CHAIN OF COMMAND - the line of authority for which directions are given and for which
complaints should be filed.
CONFIDENTIAL EMPLOYEE INFORMATION - Employee records, documents, pay
documents, etc. that are maintained by the City that will not be released without proper required
documentation
CONTRACT EMPLOYEE - Employees, who are not employees of the City, but work for the
City, through a signed agreement.
DEMOTION - A demotion is the assignment of employees from their current grade level to a
grade level having a lower maximum salary
DISCIPLINARY ACTION - Any process taken to correct inappropriate employee behavior
ranging from verbal reprimand up to and including termination
FULL TIME EMPLOYEE - An employee who regularly works 40 hours per week and is eligible
for a full benefits package.
HOLIDAY PAY - A set number of paid holidays each year, approved by the City Manager
IMMEDIATE FAMILY - is defined as a dependent of the employee
INCENTIVE PAY - Payment provided to employees as motivation to complete a task.
MORAL TURPITUDE - conduct that is considered contrary to reasonable standards of justice,
honesty, or good morals.
NEPOTISM - Family relationships to the employee based upon consanguinity (blood relatives)
or affinity (relatives through marriage)
PART TIME EMPLOYEE - is an employee who works less than 40 hours during a work week
and is not eligible to receive the full scope and level of benefits.
PAY FOR PERFORMANCE (PFP) DATE - The date employees are eligible for Pay for
Performance Increases.
PHYSICAL REPORT STATUS - The status an employee is placed on following the use of 5
sick days or the equivalent number of hours within a 6-month period.
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INTRODUCTORY EMPLOYMENT PERIOD - A designated period of time following an
appointment, reinstatement, promotion, demotion, or transfer in a City position, during which
time an employee is not eligible to dispute termination
PROMOTION - The assignment of an employee from one grade level to another grade level
having a higher maximum salary. Temporary promotions can occur for business necessity
QUALIFIED - Having the minimum education, experience, and skills required to hold a certain
position
SUPERVISORY PAY - Pay provided to an employee who is temporarily acting as a supervisor
in the absence of a supervisor.
SUSPENSION - A disciplinary action in which the employee is restricted from working and
receiving pay for a specified period of time
TEMPORARY/SEASONAL EMPLOYEE - Non-permanent employees hired for a specified
period of time
UNEXCUSED ABSENCE - When an employee fails to report for work or to remain at work
without proper notification, authorization, or excuse
VOLUNTARY RESIGNATION - takes place when an employee of his or her own accord
chooses to cease his or her employment with the City.
67
8
UNCIL AGENDA ITEM
Agenda Date Requested:
March 23, 2009
Appropriation
Requested By: S. Gillett
Source of Funds: GEN957
Department: Public Works
Account Number: 015-9892953-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $1,000,000
Exhibits:
Two (2) Professional Services Agreement(s)
Amount Requested: $75,100
Exhibits:
Summary Breakdown of Work
Budgeted Item: Yes
Exhibits
SUMMARY & RECOMMENDATION
In January 2008, the City Council approved an agreement with Klotz Associates to perform a Drainage Master Plan.
Completed in January 2009, the final report recommended twelve projects for design and construction utilizing the
funds set aside for drainage projects. Seven of the projects are under design by city staff, with 2 completed and
constructed to date. Four projects were selected for design by Klotz Associates. Klotz presented a proposal for two
projects, Brookglen and Fairmont Park East, for design, system analysis and surveying, totaling $47,800. The
proposal was approved and work is underway.
Klotz has presented a proposal for the design of the remaining two (2) projects, Creekmont and Fairmont Park
West. The proposal is to design a combination of sheet flow relief swales with increases in storm sewer pipe
and inlets. Additionally, the proposal is for bid and construction phase services for these projects as well as
the previously approved project for Brookglen and Fairmont Park East. Finally, survey work is also proposed.
A second proposal was submitted 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. Attached is a Man Hour breakdown of the effort
proposed. Budget for both is as follows:
Creekmont and Fairmont Park West Design
Bid/Construction Phase for al projects
Survey for Brookglen and Fairmont Park West
Total Design Proposal
$31,800
17,200
6.900
$55,900
Impact Analysis for HCFCD
Total for both Proposals
$19.200
$75,100
)), !fjj
Date
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1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
ho u sto n. offi ce@klotz.com
March 16, 2009
Mr. Ron Bottoms
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Addendum to Work Authorized February 6, 2009
Proposed Scope of Services for Constructing Sheet Flow Relief Structures
City of La Porte, Texas
Klotz Associates Project No. 0127.009.000
Dear Mr. Bottoms:
As requested, submitted herein is a proposal for additional professional engineering services for
design and preparation of bid documents to construct sheet flow relief swales and storm sewer
outfall improvements for the City of La Porte (the City). Per your request, this proposal is an
addendum to the work authorized by the City, February 6,2009 per Attachment.
This addendum supplements the work from our authorized Letter of Agreement adding:
Creekmont Section One, Fairmont Park West subdivisions, bid phase services and construction
phase services to the agreement.
UNDERSTANDING OF THE PROJECT
Creekmont Section One drains naturally from west to east by storm sewer and overland sheet
flow toward Harris County Flood Control District (HCFCD) Unit B 1 06-00-00. Sheet flow
collects in the low-lying areas that cause flooding to occur for events more frequent than the 100-
year storm even. Floodwater from these areas cannot drain properly resulting in repetitive flood
damage and losses for homeowners who are not in the 100-year flood plain. Excess runoff is
currently stored in streets and roadways. The homes along HCFCD Unit B 1 06-00-00 are
elevated above the roadway and function as a levee that retains water within the subdivision. In
addition, Fairmont Park West experiences a similar drainage problem and drains from west to
east toward HCFCD Unit B 1 06-00-00 between Fairmont Parkway and Main.
The proposed improvements for Creekmont Section One and Fairmont Park West are identified
as projects No.3 and No.7 from the City Wide Drainage Study, January 2009. Proposed
improvements for these areas may require a combination of sheet flow relief with increases in
storm sewer pipe size and inlet capacity. Swales are proposed to relieve sheet flow in low-lying
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Mr. Ron Bottoms
March 16, 2009
Page 2 of6
areas between the subdivision and B 1 06-00-00. Storm sewer pipe increases and additional inlets
are proposed for areas where the storm sewer outfall is not in a low-lying area or the spacing
between homes cannot accommodate a swale.
Klotz Associates will coordinate with City staff to locate underground utilities, resolve utility
conflicts, and prepare plans, specifications, and estimates for permitting and construction in
Harris County (HC).
On receipt of written notice-to-proceed, Klotz Associates, Inc. will perform these additional
engineering services as listed under the Scope of Basic Services for the proposed sheet flow
relief swales and storm sewer outfalls for Creekmont Section One and Fairmont Park West.
SCOPE OF BASIC SERVICES
A. Proiect Planning and Initiation
1. Identify drainage easements and survey locations from plans provided by City Staff.
2. City to provide record drawings showing city utilities within the project limits.
3. Contact other utility companies for locations of subsurface facilities.
B. Preliminary Engineering
1. Field Investigation - Perform one (1) site visit to identify utilities and locations to be
surveyed.
2. Coordinate with surveyor to communicate location of proposed improvements. A TBM
shall be placed at these locations and identified in plans.
3. Calculate drainage for sizing improvements.
4. Identify low points, existing drainage easements, utility easements, existing storm sewers,
sheet flow patterns. Determine if a sheet flow relief swale, storm pipe upsize or
combination will be needed.
C. Final Design
1. Prepare plans, specifications and estimated cost. Prepare full sized drawings at a scale of
1" = 20', bid list, specifications and other construction documents.
2. Layouts and typical details: use standardized typical details, typical sections for outfall
structures. Prepare construction cost estimates. Design details including plan view, cross
sections, variables for dimensions with table of measured variables, elevations, inlet
capacities and outfalls structures.
3. List of design sheets will include:
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Mr. Ron Bottoms
March 16, 2009
Page 3 of6
a. Cover sheet, index and general notes sheet (1)
b. Survey control and project layout (1)
c. Typical sections with drainage data (1)
d. Standard detail sheet, showing swale and pipe options using variables with a
table listing elevations, lengths, slopes and other design constraints (2)
e. Typical construction phase with SWPPP (1)
f. Standard Harris County detail sheets (3)
4. Submittal milestones will include: 50%, 90% and Mylars at 100%
5. Coordinate with City and County staff on design requirements and storm water quality.
Draft project manual with standards, specifications, blank bid tabs and permit
requirements for bidding.
6. Finalize construction estimate.
7. Mylar drawings and final Project Manual are to be signed and sealed, and submitted for
signatures from applicable agencies for permit approval.
Deliverables:
. Draft submittals on 11" x 17" (or half-sized).
. 22" x 34" size Mylars
. Electronic copies of intermediate and final documents, contracts, scopes, and other work
products on Compact Disks (CDs).
. Submit text files in Microsoft Word 2003 or later version.
. Submit drawing files and exhibits in AutoCAD R 2004 or later.
. Submit a duplicate of text and drawing files in PDF format.
. Project Manual with bidding requirements, contract forms, contract conditions and
specifications, and a final cost estimate of construction cost.
In addition, Klotz Associates will provide services during the bid phase and construction phase
for locations authorized in letter dated February 6,2009 for Brookglen and Fairmont Park East as
well as Creekmont Section One and Fairmont Park West. Additional scope of Contract and
Construction Phase Services include:
D. Contract Phase
Bid Phase Services
1. Send copies of bid documents to local bid information services (up to 3 copies).
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Mr. Ron Bottoms
March 16, 2009
Page 4 of6
2. Maintain a bidders list. The scope includes printing and distribution of bid sets
(including reproduction expenses). Bidders are responsible for pick up and delivery of
bid sets as directed by the City.
3. Participate in the pre-bid conference for prospective bidders
4. Answer questions of bidders and suppliers during the bid preparation period
5. Post addenda to drawings and project manual and issue addenda, as required
6. Attend bid opening
7. Check bids for errors, responsiveness and tabulate results
8. Review the qualifications of the apparent low bidder if unknown
9. Issue a recommendation for award
10. Send contract documents to Contractor and City for signatures. City will send signed
contract to the Contractor
Construction Phase Services
11. Participate in the preconstruction meeting
12. Receive, review and forward monthly pay requests to City of La Porte
13. Review & Approval of Contractor Submittals, including shop drawings & concrete mix
designs
14. Respond to contractor's requests for information (RFIs) by phone and email
15. Address change order requests
16. Perform up to six (6) site visits to inspect work performed to date, each month and verify
contractor pay requests. Construction schedule is estimated to be six (6) months. Klotz
Associates will prepare monthly status reports included with invoicing each month that
will include action items and percent complete from City for contractor's pay request.
The City will provide day-to-day inspections of construction for regulatory compliance
and percent complete estimates.
17. Conduct one (1) inspection at substantial completion; prepare punch list and one (1) final
inspection. Contractor is responsible for submitting to HCPID Permits, Notification of
Substantial Completion, in writing
18. Contractor is responsible for maintaining record drawings for submittal after construction
As part of this agreement, sub-consultant services considered to be additional assignments for
this project are included in the Scope of Additional Services as well. Klotz Associates will
provide these additional sub-consultant services as follows:
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Mr. Ron Bottoms
March 16, 2009
Page 5 of6
SCOPE OF ADDITIONAL SERVICES
A. Professional Surveying Services
Surveyor will provide one-line drawings, TBMs for each location, cross sections,
topographic points, utility research and location, storm sewer features, tie in property
boundary comer monuments and right-of-way and easement limits.
TERMS
In addition to our previous authorization, we propose to complete the tasks listed herein for
preparation of construction documents for proposed sheet flow relief and storm sewer outfall
upgrades for Creekmont Section One and Fairmont Park West.
Klotz Associates proposes to do this work on a lump sum basis in accordance with the terms of
the Letter of Agreement for Consulting Services attached to this letter. Two (2) signed originals
are enclosed for your approval and signature.
BUDGET AND FEES
1.) Previous engineering fees authorized:
Basic Engineering Services
Additional Services
Subtotal Previous Authorization
$28,000.00
$19,800.00
$47,800.00
2.) Added fees for performing theses services are listed below:
Basic Engineering Services
Design Services
Bid Phase Services
Construction Phase Services
Subtotal Added Basic Service
Additional Surveying
Subtotal for Additional Fees
$31,800.00
$ 6,600.00
$ 10,600.00
$49,000.00
$ 6,900.00
$55,900.00
3.) Total Contract Amount
$103,700.00
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Mr. Ron Bottoms
March 16, 2009
Page 6 of6
SCHEDULE
It is expected that survey and preliminary engineering will be complete within four (4) weeks of
authorization and notice to proceed. Final design and preparation of bid documents is expected
to be complete in four (4) weeks. Design engineering services for construction of the sheet flow
relief swales and storm sewer outfall improvements will be completed within nine (9) weeks of
receipt of written authorization to proceed, including review submittals to the County.
Advertisement and sale of bid packages is estimated at two (2) weeks and bid phase services
should be completed within four (4) weeks from the date of written authorization.
Three (3) months is estimated to complete construction of these improvements after the contract
is awarded to the winning bidder. Construction phase services shall be provided as outlined
herein.
CLOSING
All terms and conditions remain in place as per our prior Letter of Agreement authorized
February 6, 2009 (see Attachment).
If this proposal meets with your approval, please sign the attached contracts and return one (1)
original to Klotz Associates. We are prepared to proceed within 24-hours of receipt of your
written authorization to proceed.
Thank you for considering Klotz Associates, Inc. for these community improvements for the
City of La Porte, Texas. Please do not hesitate to contact Brian Addicks, P.E., Bob Johnson, P.E.
or me with questions regarding this addendum.
Sincerely,
//1'. /J !J
~OtL
Michael A. Ogct-;l.E.
Sr. Vice President
-
Ron Bottoms
City Manager
ion t3ot1lJ~
Print Name
MAO:az
Attachment
ATTACHMENT
Robert L. Johnson, P .E.
Vice President
Klotz Associates, Inc.
ll60Dairy Ashford
Suite 500
Houston, Texas 77079
City of La PR9~~L~-
Established 1892t:~~"~,:,_+,v:.__
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, KLOT,z ASSOCIAns, me.
February 6, 2009
Re: City of La Porte
Drainage Master Plan
Mr. Johnson:
The City of La Porte has approved your proposal to perform a Professional Engineering
Services for Constructing Sheet Flow Relief Structures in Brookglen and Fairmont Park
East Subdivisions. Enclosed please find an executed copy of the Agreement.
Yo are authorized to proceed with the Study as outlined in the Scope of Work dated
Jan ary 30,2009. If you have any questions, please contact Steve Gillett.
s
City Manager
Enclosure
C John Joems, Assistant City Manager
Steve Gillett, Director of Public Works
Tim Tietjens, Director of Planning
2963 N. 23rd . La Porte, Texas 77571 · (281) 471-9650
k lot z 4~_ ass 0 cia t e 5
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
housto n. office@klotz.com
January 30, 2009
Mr. Ron Bottoms
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Scope of Work and Budget for Constructing Sheet Flow Relief Structures
in Brookglen & Fairmont Park East Subdivisions
Klotz Associates Project No. 0127.009.000
Dear Mr. Bottoms:
As requested, submitted herein is the proposal for professional engineering services for design
,and preparation of bid ready documents for the construction of sheet flow relief swales and storm
sewer outfall improvements for Fairmont Park East and Brookglen Subdivisions. These services
will be performed under the proposed attached General Services Agreement (we will send our
one page agreement for these services to you when the scope is agreed upon).
UNDERSTANDING OF THE PROJECT
Brookglen drainage and sheet flow drain naturally toward HCFCD Unit BI12-00-00 from the
east and west, and toward Unit B 112-02-00 from the north and south. Sheet flow collects in the
low lying areas that cause flooding to occur for events more frequent than the 100-year storm
even. Floodwater from these areas cannot escape, resulting in repetitive losses for home owners
who are not in the 100-year flood plain. Excess runoff is stored in the streets and cannot flow
out until the storm sewers empty. To solve this problem, sheet flow relief swales are proposed in
the lower areas, and for higher elevations increasing storm sewer pipe sizes and adding inlets are
proposed to be constructed between HCFCD Unit BI12-00-00 and Bandridge Road, between
HCFCD Unit B 112-02-00 and roadways Bandridge Road and Gladwyne Lane.
Fairmont Park East experiences a similar drainage problem. During the preliminary engineering
phase, a brief storm sewer capacity analysis will be performed to determine the level of
protection the existing system provides. Proposed improvements for these areas may require a
combination of sheet flow relief swales with increases in pipe size and inlets. Fairmont Park
East drains toward HCFCD Unit's BI06-00-00 and Unit BI06-02-00 from the north and the
south.
Klotz Associates will develop an economic solution and identify locations which can be
constructed by City personnel quickly, if the City chose this option over the bid process. Klotz
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Mr. Ron Bottoms
January 30, 2009
Page 20f6
Associates meet with City staff to present our findings and prepare, a construction cost estimate,
list of bid items and specifications used and layouts for approval of the drainage and relief swale
alignments chose. Design plans and specifications are part of this scope of work. Listed herein
is the proposed scope of basic services for Brookglen and Fairmont Park East drainage and sheet
flow relief swales.
As part of this agreement, Klotz Associates will perform additional services for the City. The
purpose of the additional services is to perform a storm sewer system analysis on the existing
storm sewer for Fairmont Park East Subdivision. Three (3) storm sewer systems will be
analyzed; the system draining to main trunk line along Fleetwood Drive, the system draining to
main trunk line along Driftwood Drive and the system draining to the outfall at Cottonwood
Drive and Pecan Drive. Common methods acceptable to HCFCD and the City will be used to
investigate the conveyance capacity of the existing system for storm events up to and including
the 10-year and 100-year storm events. Klotz Associates will determine the inlet and pipe
capacities based on tailwater effects in HCFCD receiving streams for each storm event and
develop three (3) alternatives intended to decrease the frequency of localized street flooding
within depressed roadway sections.
As part of the additional services Klotz Associates will investigate the impacts of reconfiguring
the confluence ofHCFCD Units B112-0200 and BI12-00-00 to reduce backwater buildup effects
occurring in B 112-02-00 upstream of the confluence.
The results of this effort will account for the location and sizes of proposed sheet flow relief
systems from the Basic Services listed herein. A letter report will be prepared recommending
alternatives to reduce the level of ponding in the roadways at the lowest cost possible.
SCOPE OF BASIC SERVICES
A. Project Planning and Initiation
1. Identify drainage easements and survey locations from plans provided by City Staff.
2. Contact utility companies for locations of subsurface facilities.
3. Meet with City and County staff to coordinate design review activities.
B. Preliminary Engineering
4. Field Investigation - Perform one site visit to identify subsurface utilities and
topography for locating exact locations of relief swales and identify survey
locations prior to survey.
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Mr. Ron Bottoms
January 30, 2009
Page 3 of6
5. Coordinate with the surveyor to identify exact locations for proposed
improvements. A TBM shall be placed at these locations and a survey control map
will be developed.
6. Calculate drainage area collecting in the low areas determined in planning.
7. Identify low points, locations of existing drainage easements, existing utility
easements, all within the drainage and overflow path layout to determine best
constructible location and capacities. Determine if a sheet flow relief swale, upsize
storm pipe or combination will be needed.
8. Identify less complicated locations for the City to reserve the right to construct
those areas using City personnel and identify them as not part of the bid package.
9. Identify specifications and bid items to be used.
10. Present findings to the City.
C. Final Design
11. Prepare full sized drawings at a scale of 1" = 20 feet.
12. Prepare standardized typical detail sheets base on pipe sizes, general dimensions,
typical section, estimated capacity, thoughts on outfall structure, develop
construction estimates after meeting with City and County staff to determine flood
control design criteria and standards to be used (project Initiation - item 4). The
conceptual overflow path layout will include generalized plan views, cross sections,
dimensions using variables and a table of measurements and elevations, inlet
capacities and information on outfall structures.
13. List of sheets will include:
a. Cover sheet, index and general notes sheet (1)
b. Survey control and project layout (1)
c. Typical sections with drainage data (1)
d. Standard detail sheet, showing swale and pipe options using variables with a
table listing elevations, lengths, slopes and other design constraints (2)
e. Typical construction phase with SWQ (1)
f. Standard Harris County detail sheets (3)
14. Submit 30% complete drawings for a meeting to discuss the status and design
direction with City staff.
15. Coordinate with City and County Staff on design standards and requirements,
including storm water quality. Draft project manual with standards used,
specifications, bid tabs and permit requirements for bidding.
16. Finalize construction cost estimate.
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. Mr. Ron Bottoms
January 30, 2009
Page 4 of6
17. Mylar drawings and final Project Manual are to be signed and sealed, and shall be
submitted for signatures from applicable agencies for acceptance and permit
approval.
D. Deliverables
18. Mylars listed above.
19. Electronic copies of intermediate and final documents, contracts, scopes, and other
work products on Compact Disks (CDs).
20. Submit text files in Microsoft Word 2003 or later version.
21. Submit drawing files and exhibits in AutoCAD R 2004 or later.
22. Submit a duplicate of text and drawing files in PDP format.
23. Project Manual with bidding requirements, contract forms, contract conditions and
specifications, and a final cost estimate of construction cost.
SCOPE OF ADDITIONAL SERVICES
A. Storm Sewer Analysis
24. Collect previous data on for inlet size, location and contributing drainage area, pipe
sizes, flow line elevations from previous study and record drawings provided by the
City.
25. Develop a storm sewer model three (3) storm sewer systems and determine
maximum inlet and pipe capacities for both free outfall and variable tailwater
conditions to identify problems.
26. Investigate alternatives which provide reductions in ponding water surface
elevations in the depressed roadway sections based on response of the storm sewer
model.
27. Meet with City staff to discuss fmdings.
B. Channel Confluence Analysis
28. Determine head losses for confluence ofBl12-00-00 with BI12-02-00 by empirical
methods and develop elevation verses velocity (energy) losses based on angle of
transition.
C. Letter Report
29. Prepare letter report with conclusions and recommendations for Add. Service items
"A" and "B".
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Mr. Ron Bottoms
January 30, 2009
Page 5 of6
TERMS
We propose to perform the basic engineering services and additional services for the Brookglen
and Fairmont Park East sheet flow swale design and hydraulic analysis as described herein on a
lump sum basis in accordance with the terms of the attached agreement. Two signed originals
are enclosed (the contracts will be provided once the scope is agreed upon).
BUDGET AND FEES
The engineering fees associated with performing theses services outlined below:
Basic Engineering Services
$28,000.00
Additional Services
(Storm Sewer and Channel Confluence Analysis)
Surveying
Subtotal Additional Services
$8,800.00
$1 LOOO.OO
$19,800.00
Total for Basic Services and Add. Services
$47.800.00
SCHEDULE
Basic Engineering Services
It is expected that survey and preliminary engineering will be complete within three (3) weeks; at
that time Klotz Associates will present our findings to the City. Final design and preparation of
bid documents is expected to be complete in three (3) weeks. Harris County Flood Control
District and the Harris County, Watershed Coordination Group requires a review of all proposed
construction within HCFCD rights of way, and it is anticipated to be two (2) weeks with one (1)
week to fmalize the bid package.
The design project will be completed within nine (9) weeks from the date of authorization to
proceed.
Additional ServiCes
Completion of the storm sewer and channel confluence evaluation will take approximately three
(3) weeks and can be started during fmal design of the sheet flow swales structures.
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Mr. Ron Bottoms
January 30, 2009
Page 6 of6
CLOSING
If this proposal meets with your approval, please sign the attached contracts and return one
original to Klotz Associates. We are prepared to proceed immediately. Please do not hesitate to
contact me if you have any questions or would like to discuss any aspect of this proposal.
@
Robert . Johnson, P.E.
Vice President
RLJ:ng
Attachment
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LETTER OF AGREEMENT FOR CONSULTING SERVICES
This Agreement is made and entered into this_ th day of
(hereinafter called the "Engineer"), and the
,20-, by and between Klotz Associates, Inc. of Harris County, Texas
CITY OF LA PORTE
(hereinafter called the "Client")
That whereas the Client has requested services of the Engineer in relation to:
SCOPE OF WORK AND BUDGET FOR CONSTRUCTING SHEET FWW RELIEF STRUCTURES
IN BROOKGLEN & FAIRMONT PARK EAST SUBDIVISIONS
KLOTZ ASSOCIATES PROJECT NO. 0127.009.000
(SEE ATTACHED PROPOSAL LETTER DATED JANUARY 30, 2009)
(herein called the "Project").
NOW, THEREFORE, the CLIENT and the ENGINEER, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Upon receipt of the executed copy of this Agreement, the Engineer will perform services to provide the Client with the data, information or
opinion requested, proceed with the work as expeditiously as practical, inform the Client of any delays and provide the Client with a
minimum of two copies of the [mal product or findings.
The Client will place at the Engineer's disposal all available information pertinent to the Project including previous reports and any other
relative data and will arrange for and provide access to the Engineer, without liability of any nature to the Engineer except for Engineer's own
negligence, to enter upon public and private lands as required for the Engineer to perform his work under this Agreement.
Payments for services of the Engineer will be based on a fixed price of Forty Seven Thousand Eight Hundred Dollars ($47,800.00). Invoices
will be submitted monthly and will reflect the percentage of the project completed at the date of the invoice.
Reimbursable expenses shall mean the Engineer's actual expense of transportation and subsistence of principals, employees and consultants
when traveling in connection with the Project, consultant's fees, field office expenses, toll telephone calls and telegrams, reproduction of
reports, drawings and similar Project related items.
Payments for services, additional services and reimbursable expenses shall be made by the Client within thirty (30) days after receipt of
Engineer's invoice. All moneys not paid the Engineer when due, hereunder shall bear interest at ].5% per month, calculated daily, on the
unpaid balance.
Termination of this Agreement prior to completion must be made in writing and may be made by either party. If this Agreement is terminated
at any time by either party, the Engineer shall be paid for services actually performed.
Client hereby agrees that Engineer's total liability to Client for injuries, claims, losses, expenses, or damages arising out of or related to the
Project or this Agreement shall not exceed the total compensation received by Engineer under this agreement. Client further agrees that
Engineer shall not be liable for any injuries, claims, 'losses, expenses, or damages, except to the extent of Engineer's own negligence or willful
misconduct.
All documents, including original drawings, estimates, specifications, field notes and data are and shall remain the property of the Engineer as
in strum fservice. The Client may obtain a set ofreproducibles.
Agree ent represents the entire agreement between Klotz Associates, Inc. and the Client and may be amended only by written
'gned by both parties. This Agreement shall be governed by the laws of the State of Texas.
Rev. 06/07
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1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
houston .office@klotz.com
March 13,2009
Mr. Ron Bottoms
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Scope of Professional Engineering Services for an Impact Analysis for
Proposed Sheet Flow Relief Structures, Projects #1 through #12 ofCWDS
City of La Porte, Texas
Klotz Project No. 0127.010.000
Dear Mr. Bottoms:
As requested, submitted herein is a proposal for professional engineering services to prepare an
impact analysis for proposed improvements to construct sheet flow relief swales and storm sewer
outfall improvements for project No.1 through No. 12. These services will be performed under
the attached Letter of Agreement for Consulting Services.
This proposal replaces all previously submitted proposals before the date of this letter for
services to evaluate impacts from Projects No.1 through No. 12..
UNDERSTANDING OF THE PROJECT
In a report entitled "City Wide Drainage Study" (CWDS) accepted by City Council in January
2009, Klotz Associates recommended construction of relief structures to address drainage issues
associated with sheet flow; twelve (12) locations were identified to receive these improvements
immediately if feasible. The twelve (12) projects identified in the report are for the construction
of sheet flow relief swales and/or improvements to storm sewer outfall pipes and inlets so sheet
flow in these areas can outfall into Harris County's (or the County) main stem streams that are
maintained by Harris County Flood Control District (HCFCD). Sheet flow collects in the low
lying areas that cause flooding to occur for events more frequent than the 100-year storm event.
Floodwater from these areas cannot escape, resulting in repetitive losses for home owners who
are not in the 100-year flood plain. Excess runoff is stored in the streets and cannot flow out
until the storm sewers empty or until water floods homes.
All proposed development draining directly to County facilities require a review by the HCFCD
for impacts to flood waters. HCFCD is the local regulatory branch charged with Stormwater
Management compliance for all projects draining to, or within, Harris County main stem
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Mr. Ron Bottoms
March 13,2009
Page 2 of4
streams. As a participant in the National Flood Insurance Program (NFIP) proposed new
development and significant redevelopment draining to County drainage facilities, cannot result
in increased peak discharges and/or water surfaces elevations in receiving streams. Additionally,
such development cannot have impacts to floodplain limits due to fill for areas where the base
flood elevation (BFE) has been determined. Before acceptance of final design, the County
requires an impact study be submitted to HCFCD and HC Watershed Coordination for review
and acceptance of, and/or no objection to, the proposed project before permitting and
construction.
As part of our services, Klotz Associates will prepare an impact analysis report for submittal to
the HCFCD for review. This signed and sealed report will be submitted to HCFCD and will
describe the methods used to select sheet flow relief outfall locations and storm sewer
improvements for the twelve (12) projects. The purpose of the study is to demonstrate that the
proposed improvements will have "no-impact" on receiving streams for storm frequencies up to,
and including, the 1 DO-year rainfall event. Included in the report shall be calculations, maps, and
supporting data prepared by both parties. The City may reference this report in submittals to
Harris County Public Infrastructure Department (HCPID), Plan Review section for acceptance
and permitting purposes for the locations performed by City staff.
Coordination between the City of La Porte and Klotz Associates will be required and include
emails, meetings, and telephone conference calls as necessary through the completion of the
project.
On receipt of written notice-to-proceed, Klotz Associates will perform professional engineering
services for the City as listed under the Scope of Basic Services described herein and in
accordance with the Letter of Agreement for Consulting Services.
SCOPE OF BASIC SERVICES
A. Proiect Planning and Initiation
1. Develop Project Plan, kickoff, resource allocation & schedule.
2. Meet with both the City and HCFCD.
3. City will provide geometric data, cut & fill quantities, and other design information
for projects performed by City staff.
4. Klotz Associates will gather design data as needed from other sources.
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Mr. Ron Bottoms
March 13,2009
Page 3 of 4
B. Analysis
5. During preliminary design, identify tailwater conditions and other constraints for all
proposed locations to receive improvements.
6. Calculate drainage areas, runoff and allowable ponding volumes to find desired
conveyance location and; size structures & swales accordingly. Check available
locations.
7. Compare pre- and post-project peak flows for mitigation requirements. Determine
mitigation, updated RAS model and compare water surface elevations.
8. Prepare signed and sealed report for HCFCD submittal, include write up, exhibits
and tables.
9. Meet with HCFCD to submit and discuss relief structures and methods in report.
10. HCFCD review period is estimated between two (2) and four (4) weeks
11. Address comments if any and submit revision.
12. Upon County acceptance of proposed improvements, update City staff for Express
Review Sheet requirements.
C. Deliverables:
13. Copies of correspondence from HC and HCFCD.
14. Originals of signed and sealed impact analysis for City and HCFCD.
15. Electronic copies in PDF format of report, models and calculations on Compact
Disks (CDs).
TERMS
In the event HCPID objects to the conclusions described in our report, or declines approval, in
lieu of further detailed study based on FEMA requirements that are not described under the
Scope of Basic Services, work shall be stopped and a meeting with the City and County shall be
scheduled to identify additional work to be performed.
Specific items excluded from this proposal are Conditional Letter of Map Revision (CLOMR),
CLOMR based on Fill (CLOMR-F) or other submittals to FEMA. These services are considered
additional services and may be performed by Klotz Associates for an additional fee.
BUDGET AND FEES
Klotz Associates proposes to do this work on a lump sum basis in accordance with the terms of
the Letter of Agreement for Consulting Services attached to this letter. Two signed originals are
enclosed. The engineering fee associated with performing these services is $19,200.00.
k lot z 4~. ass 0 cia t e 5
Mr. Ron Bottoms
March 13,2009
Page 4 of 4
SCHEDULE
It is expected that the report will be completed and submitted to HCFCD within three (3) weeks
of authorization and notice to proceed. The review periods for County review very between two
(2) weeks and four (4) weeks. If HCFCD has comments, the report will be revised and
submitted for acceptance within two (2) weeks. Based on a review time of four (4) weeks, the
work proposed herein will be completed within nine (9) weeks of receipt of written authorization
to proceed.
CLOSING
If this proposal meets with your approval, please sign the attached contracts and return one (1)
original to Klotz Associates. Weare prepared to proceed within 24-hours of receipt of your
written authorization to proceed.
Thank you for considering Klotz Associates, Inc. for these community improvements for the
City of La Porte, Texas. Please do not hesitate to contact me with questions or would like to
discuss this proposal.
Sincerely,
~
Brian D. Addicks, P.E., C.F.M.
Storm Water Department Manager
BDA:ng
Attachment
k lot z 4~. ass 0 cia t e 5
LETTER OF AGREEMENT FOR CONSULTING SERVICES
This Agreement is made and entered into th~th day ofJflt.acI- , 2061 by and between Klotz Associates, Inc. of Harris County, Texas
(hereinafter called the "Engineer"), and the
CITY OF LA PORTE
(hereinafter called the "Client")
That whereas the Client has requested services of the Engineer in relation to:
IMPACT ANALYSIS FOR PROPOSED SHEET FLOW RELIEF STRUCTURES
PROJECTS #1 THROUGH #12 OF CWDS
CITY OF LA PORTE, TEXAS
KLOTZ ASSOCIATES PROJECT NO. 0127.010.000
(SEE A TT ACHED PROPOSAL LETTER DATED MARCH 13, 2009)
(herein called the "Project").
NOW, THEREFORE, the CLIENT and the ENGINEER, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Upon receipt of the executed copy of this Agreement, the Engineer will perform services to provide the Client with the data, information or
opinion requested, proceed with the work as expeditiously as practical, inform the Client of any delays and provide the Client with a
minimum of two copies of the final product or findings.
The Client will place at the Engineer's disposal all available information pertinent to the Project including previous reports and any other
relative data and will arrange for and provide access to the Engineer, without liability of any nature to the Engineer except for Engineer's own
negligence, to enter upon public and private lands as required for the Engineer to perform his work under this Agreement.
Payments for services of the Engineer will be based on a fixed price of Nineteen Thousand Two Hundred Dollars ($19,200.00). Invoices will
be submitted monthly and will reflect the percentage of the project completed at the date of the invoice.
Reimbursable expenses shall mean the Engineer's actual expense of transportation and subsistence of principals, employees and consultants
when traveling in connection with the Project, consultant's fees, field office expenses, toll telephone calls and telegrams, reproduction of
reports, drawings and similar Project related items.
Payments for services, additional services and reimbursable expenses shall be made by the Client within thirty (30) days after receipt of
Engineer's invoice. All moneys not paid the Engineer when due, hereunder shall bear interest at 1.5% per month, calculated daily, on the
unpaid balance.
Termination of this Agreement prior to completion must be made in writing and may be made by either party. If this Agreement is terminated
at any time by either party, the Engineer shall be paid for services actually performed.
Client hereby agrees that Engineer's total liability to Client for injuries, claims, losses, expenses, or damages arising out of or related to the
Project or this Agreement shall not exceed the total compensation received by Engineer under this agreement. Client further agrees that
Engineer shall not be liable for any injuries, claims, losses, expenses, or damages, except to the extent of Engineer's own negligence or willful
misconduct.
All documents, including original drawings, estimates, specifications, field notes and data are and shall remain the property of the Engineer as
ins ts of service. The Client may obtain a set ofreproducibles.
eement represents the entire agreement between Klotz Associates, Inc. and the Client and may be amended only by written
t signe by both parties. This Agreement shall be governed by the laws of the State of Texas.
Rev. 06/07
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Report: ~Resolution: _Ordinance:_
Amount Requested: N/A
Exhibits:
1) Agreement
Budgeted Item: _YES _NO
SUMMARY
On November 26, 2008, the U.S. Department of Housing and Urban Development (HUD) allocated $2.1
billion in disaster recovery assistance to 13 states with declared emergencies throughout 2008. The funds
are to be used for unmet housing needs, as well as economic and infrastructure needs following the
natural disasters. This is the first portion of two rounds of funding which total $6.5 billion as allocated by
Congress.
For the Texas portion of funding, Governer Perry designated the Office of Rural and Community Affairs
(ORCA) to be the state administrator of the economic and infrastructure recovery funds, while the Texas
Department of Housing and Community Affairs (TDHCA) will administer the housing funds.
Funding for the region was locally allocated by formula developed by Houston Galveston Area Council
(HGAC). Programatically, the funds are split into the housing and non-housing categories of 40% and
60% respectively. Also, areas with the most damage were granted direct funding while the remaining
areas are to compete for the remaining amount.
Harris County is one of the direct funded entities, and as such is submitting a consolidated application,
called the Harris County Consolidated Region (HCCR) for all Harris County jurisdictions (except
Houston) based upon their damage assessment. On March 11, 2009, the city responded to a memorandum
of understanding inquiry of the Harris County Community Services Department to participate in the
HCCR.
The attached agreement is required to formalize city participation in the HCCR application process. By
participating, the city will be allocated approximately $1.44 million, in the first round of allocation, to
utilize for eligible infrastructure projects damaged by Ike and to mitigate future disaster events.
Action Required bv Council:
orize an agreement with Harris County for participation in the application and distribution of
Hurricane Ike Community Development Block Grant Funds.
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LAPORTE TEXAS
FOR THE PARTICIPATION IN THE APPLICATION AND DISTRIBUTION OF
HURRICANE lKE DISASTER COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This Agreement, made and entered into by and between HARRIS COUNTY, a body
corporate and politic under the laws of the State of Texas, hereinafter sometimes referred to as
"County," and THE CITY OF LAPORTE, a municipal corporation under the laws of the State
of Texas, hereinafter sometimes referred to as the "City."
WIT N E SSE T H:
WHEREAS, the City has elected to participate in the Harris County Consolidated
Region (HCCR) Application for Hurricane Ike Disaster Community Development Block Grant
(CDBG) funds. These funds will be used to address unmet needs in housing, infrastructure, and
economic development damages caused by Hurricane Ike and to mitigate future disaster events.
Per Federal statute, a portion of funding must benefit low-income residents; and
WHEREAS, the city hereby expresses its intent to seek formal approval of its governing
body to participate under the HCCR CDBG Disaster Recovery program by executing a
Memorandum of Understanding to the County; and
WHEREAS, the County is willing to cooperate with the City in the development and
implementation of the City's Disaster Recovery project(s) under the Disaster Community
Development Block Grant Program; and
WHEREAS, the County will allocate a proportion of Hurricane Ike Disaster Community
Development Block Grant funding to the City based on a Method of Distribution established by
the County for eligible project(s); and
WHEREAS, this agreement shall be of no force and effect unless and until it is executed
by both parties hereto and certified by counsel for all parties hereto on the forms set forth below.
THEREFORE, the parties hereto agree as follows:
1. The County will produce and submit an application for a grant under the HCCR
Hurrican Ike Disaster Community Developemt Block Grant Recovery Program to the Texas
Office of Rural Community Affairs ("CDBG Grant").
2. The City will participate with the County in the preparation and submission of the
application for the CDBG Grant, providing to the County all necessary information necessary
for the submission or the CDBG Grant application.
3. The City understands and agrees that it will maintain ownership and responsibility
oflong-term maintenance and operation of the improvements made using the CDBG grant.
4. ' If any 'proceeds are awarded un<iet the CDBG Grant, the Co\inty will allocate and.
distribute the proceeds ofihe CnBO- Grant.to the City and other participating cities based on:the
Method of Distribution established by the County for eligi~le projects in accordance with
federal and state law applicable to the CnBG Grant.
IN WITNESS WHEREOF this instrument in duplicate originals, has been executed by
the parties hereto as follows:
APPROVED AS TO FORM:
HARRIS COUNTY
VINCE RYAN
. FJ,arris County Attorney
Date Signed: , if r ;1 .-0 7.
ATTEST; CITY OF LAPORTE, TEXAS
~y~9~
. ALTON PORTE:R.
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Ed Emmett
EI Franco Lee
Sylvia R. Garcia
Steve Radack
~rryEversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No.2
Commissioner, PrecinctNo. 3
Commissioner. PrecinctNo. 4
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'I'$ STAlE OF TEXAS fi
~
COUNTY OF HARRIS ~
The. Commissioners Court {)f 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
"UN -2 ~ _. ~ 20()9. with the following,members present, to wit~
And the following members absent, to-wit ...,-'l-<-tfI ~
when among other business, the following was transacted:
, constituting a quorum,
ORDER AUTHORIZING AN AGREEMENT BETWEEN HARRIS COUNTY AND
-rile (! (ry (; F LAPORTE, TEXAS
CommissiOl1er / ~ introduced an order and made a motion that the same
be adopted. Commissioner ~ f'/ ~ -. ~econded the mo.tiGn for adoption of the order.
The matlOh, C~g with it the adoption ,of.the Qrder, prev.aii~ by the following vote:
Judge Emmett.
Carom. Lee
Comm. Garcia
Comm. Radack
Comm. Eversole
Yes
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Y
No
o
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o
o
o
Abs~'
o
o
o
o
o
The County J~Qge thereupon announced th~t the motion had duly and lawfully carried and that
the' order had b~en aul~ .#d l~~IY adopted. Tbe orderl:111~s. 4dopt~ follGws;
:'WHER.BAs; th~: q"ly:.~ ~l.e~te4 .t~ participate ;n"" tb,e ~am~,.:Ga~ty CO,Jl,So}idated Regi~n
.(HqCR) A;p~l~~Q$ t.~r:~~~ ~ 'P~r:~~~unitf.(l~~J~).~~~t lll~*:~t(CPJl.G) ,
:fund$. l"h~ i\m~' Wi.ij ~ -<XI: to:~~dtes.s ~et n~' in'h6~g~ ilrift.~triia~e, W1d'~nomi~
4ev~16pm~~ ,~iun~ge$: ;~~. ':bY: ~~~ane ik~. ,at,:d :to' .~~ <:fi,l~ :dl~ter' evel)ts. rer
'Fed~1 statu~, a!~QJi,'Qt.'ti1.nd~1P~usHiePe:fit~lQw-1b~et~~~~~~ and .
WHEREAS~. th~ 'c~ty here.by eJg)ress~ i~ intent -to seek fu~. app'~pv1U' of it~gov.eming body to
_participate 'Under .the HCCR, CDDa rnsaster Recovery program ~Y" ex~cuPI.1g a Memo~dum of
.,U~d~I$tand~g~.th~:~~~;~~d ' ".' ",'.; ,.' '. .
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---~_._~_._.__._"-~-"-'-_..._".~-_.---
WHEREAS, the County will allocate a proportion of Hurricane Ike Disaster Community
Development Block Grant funding to the City based on a Method of Distribution established by
the County for eligible project(s).
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
David B. Turkel, Director of the Harris County Community Services Department is hereby
authorized to execute for and on behalf of Harris County, an Agreement between Harris County,
and the City of LaPorte, in the Harris County Consolidated Region (HCCR) Application for
Hurricane Ike Disaster Community Development Block Grant (CDBG) funds which Agreement
is hereby referred to and made a part hereof for all purposes as though fully set out herein.
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
03-23-09
)",\ \.~>iS
Ken Ad"ox
Budeet
Requested By:
Source of Funds:
Department:
Police
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
2008 Activity Report
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Report to Council on activities that the Police Department has been involved in for the year 2008. Report to reflect
statistics for Uniform Crime RepOlting, DOT enforcement, Traffic enforcement, Animal Control Facility, Support
activity, and reported activity by Council Districts.
Action ReQuh'ed bv Council:
Receive the report, provide comments to Police Chief relating to Council concerns and/or desired direction.
ADD roved for City Council Af!enda
~~
Ron Botto 18, Cit)' Manager
~ ~(1-~7
Date .
La Porte Police Department
3001 N. 23rd Street
La Porte, Texas 77571
281-842-3101
Fax: 281-470-1590
Kenith Adcox
Chief of Police
Ron Bottoms
City Manager
Date: 03/13/2009
To:
Thru:
From:
Subject:
La Porte City Council
Ron Bottoms, City Manager
Kenith Adcox, Chief of Police
2008 Crime Report for the City of La Porte
Honorable Council Members:
Most law enforcement agencies in the United States report their crime statistics to the
department of Justice using standardized reporting methods that were developed by the
Federal Bureau of Investigation in the 1930s. In Texas, these crime statistics are reported
through the Texas Department of Public Safety. The Uniform Crime Reporting (UCR)
Handbook breaks crime events down into consistent measures that can be used to
compare crime statistics from year to year and jurisdiction to jurisdiction, irrespective of
varying penal laws applicable within each state. The UCR statistics that are used for
comparisons are listed as Part I Crimes. These are also sometimes listed separately as
Part I Violent Crimes: Homicide, Rape, Robbery, Aggravated Assault and Part I Property
Crimes: Burglary, Theft, Auto Theft and Arson.
The annual review of crime statistics and other police-related activities is also a vital
practic~ for any progressive city government. As Chief for the La Porte Police
Department, I believe in transparency regarding our operations and have strived to
develop an active and accountable team of public servants since my arrival in July of
2008. Since the previous summer, our department has revised many of its operational
procedures and as a result, I believe that our organization has a better understanding of
both the crime in our city and the citizens whom we serve.
The following report is an annual statistical summary of police-related activity which
includes Uniform Crime Report (UCR) figures for our city as well as other cities within
our region for both the year 2007 and 2008. A detailed outline of specific incidents for
each City Council District is also included. Further, there are numerically-based
comparisons of information collected annually from selected divisions within the Police
Department for the years 2007 and 2008. Following your review, the listed information
will be added to the statistics currently displayed on the Police Department's website;
providing a source for our citizens to review law enforcement activities and other related
information within their city.
Uniform Crime Report- 2007-2008 City of La Porte Comparison
As mentioned above, the City of La Porte compiles and reports its UCR statistics to the
Texas Department of Public Safety who in turn sends them to the FBI for tracking and
publication. The below table represents the total number of UCR crimes, sub-divided by
individual Part 1 crime categories, reported by the City of La Porte during the years 2007
and 2008. This comparison is intended to serve as an assessment tool; measuring the
level of crime occurring within the City of La Porte as well as changes in the overall
crime rates for the past 2 years.
2007-2008 City of La Porte
Uniform Crime Report Comparison
Year
Population Crime Murder
Index
Rape Robbery
Agg
AssIt Burglary Theft
Auto
Theft
UCR
Per
1,000
2007
34,075 434 0
3 10
78 95 218
49
12.8
2008
34,075 776 0
6 11
150 196 345
68
22.8
Difference
342
o
3
72
101
127
19
% Change
78.8%
o
100%
10%
92.3%
106.3%
58.3%
38.8%
The above table indicates that the level of overall crime reported for UCR purposes
increased substantially from 2007 to 2008 within the City of La Porte, most notably in the
area of Aggravated Assault, Burglary, and Theft. While this is clearly the case, as
indicated within the La Porte Police Department Operational Assessment that was
previously provided to City Council, I do not believe that this is an accurate
representation of crime within our community.
Comprehensive audits of Departmental UCR Reporting data and employee practices were
recently conducted both in-house as well as by independent auditors from the Texas
Department of Public Safety. These audits uncovered error rates in previously reported
data that often exceeded 40%. This problem has been corrected and UCR data reported
to DPS and subsequently to the Department of Justice since July 2008 are believed to be
highly accurate. However, there remains a very low level of confidence relating to UCR
data reported prior to July 2008. Evidence of this can be seen more clearly in the
following section when comparing reported levels of UCR crime from 2007 and 2008
with other communities within our region.
2
Uniform Crime Report- Regional Comparison
The listed figures compare the VCR statistics reported by neighboring cities with those
reported by the City of La Porte for the years 2007 and 2008. This comparison is
intended to serve as an assessment tool; measuring the crime rates within those cities that
are in our immediate area.
2007
Uniform Crime Report
Regional Comparison
Population Crime Murder Rape Robbery
Agg
Asslt
UCR
Per
1,000
Burglary Theft
Auto
Theft
City Index
Baytown
Deer Park
La Porte
Pasadena
Seabrook
So. Houston
Webster
69,387 3425 7 44 113 160 731 2050 320 49.4
29,328 922 0 8 17 49 168 623 57 31.4
34,075 434 0 3 10 78 95 218 49 12.8
146,839 5654 3 75 153 3507 409 1034 473 38.5
11,004 381 1 7 2 1222 173 49 27 34.6
16,328 788 2 3 56 47 126 436 118 48.3
9,083 1154 0 7 19 267 122 661 78 127.1
2008
Uniform Crime Report
Regional Comparison
Population Crime Murder Rape Robbery
Agg
Asslt
UCR
Per
1,000
Burglary Theft
Auto
City Index
Baytown
Deer Park
La Porte
Pasadena
Seabrook
So. Houston
* Webster
*
Unavailable
Theft
69,387 3780 5 41 100 177 741 2371 345 54.5
29,328 899 1 13 12 51 116 652 54 30.7
34,075 776 0 6 11 150 196 345 68 22.8
146,839 5590 12 60 164 3640 400 971 343 38.1
11,004 346 0 5 3 109 161 51 17 31.4
16,328 958 0 7 44 74 138 371 113 58.7
9,083 1154 0 7 19 267 122 661 78 127.1
Although complete national crime statistics are not yet available for 2008, based on the
current totals reported to the FBI, the statistics indicate that the City of La Porte's overall
crime index remains far below the average for cities listed in the FBI's comparison group
for cities our size. Additionally, as shown in the above regionalized tables, the crime rate
(Part 1 crimes occurring per 1,000 residents) within the City of La Porte is extremely
low. In fact, even after experiencing a 78.8% increase in "reported" VCR crime from
2007 to 2008, the crime rate within the City of La Porte is still the lowest in comparison
to our neighboring communities, at less than half the regional average (22.8 vs. 51.9).
3
City Council District Report
To provide a thorough impression of activities which have occurred within the City of La
Porte, the following report has been sub-divided into specific categories based on each
individual City Council District. Data for this report was retrieved from our H.T.E.
computer database system currently utilized by the Police Department. Specific figures
for each City Council District are listed in the following tables. The tracking grids for
each City Council District are divided in such a manor that there is a minimal
overlapping effect; allowing for more accurate assessment. In the instance of an
overlapping effect between two districts, the offense under review is credited to district
possessing the larger area. A City Council District map has been included as a visual
reference to accompany your review of the statistical grid.
'IJ/=::'"
~
~
. DISTRICT 1
DISTRICT 2
. DISTRICT 3
DISTRICT "I-
DISTRICT 5
. OISTRICT e
4
Offense Report Totals by Council District
Reporting Period: January 1,2008 December 31,2008
Aggravated Assault 2 3 3 14 4 6
Aggravated Robbery 0 0 0 2 0 1
Aggravated Sexual Assault 8 5 3 8 2 1
Alarms 246 154 129 489 93 321
Assault Class C 38 36 37 95 57 27
Assault Class A 24 28 25 37 12 18
Assault Felony 0 2 1 2 0 0
Auto Theft - UUMV 11 13 16 15 4 12
Burglary Building 2 2 2 16 4 1
Burglary Coin Operated
Machine 0 0 0 1 0 0
Burglary Habitat 8 16 8 17 8 6
Burglary Vehicle 19 38 19 41 12 35
Criminal Mischief 43 53 59 92 44 45
Curfew 5 6 7 10 17 8
Dead on Scene 7 3 10 14 4 2
Disturbance 137 149 140 242 93 123
DWI 28 56 26 96 20 34
Forgery 0 1 4 7 1 3
Homicide 0 0 0 0 0 0
Humane 480 367 315 582 187 384
Prowler 7 6 13 11 1 7
Sexual Assault 2 5 8 13 2 1
Theft 63 49 43 120 32 56
Theft Felony 0 0 1 1 0 1
Weapons 0 0 0 0 2 0
Total
1130
992
869
1925
499
1092
5
DOT Activity Report
The department's DOT/Commercial Vehicle Enforcement unit has remained engaged
since its inception and has also become increasingly active since the establishment of the
Bayport Container Terminal. The following chart reflects activity conducted by our DOT
unit in the years 2007 & 2008. DOT statists are reported to the Department of Public
Safety in Austin on a continual basis.
North American Standard Insoection (Level I): An inspection that includes
examination of driver's license; medical examiner's certificate and Skill Performance
Evaluation (SPE) Certificate (if applicable); alcohol and drugs; driver's record of duty
status as required; hours of service; seat belt; vehicle inspection report (if applicable);
brake systems; coupling devices; exhaust systems; frame; fuel systems; lighting devices
(turn signals, brake lamps, tail lamps, head lamps and lamps/flags on projecting loads);
safe loading; steering mechanism; suspension; tires; van and open-top trailer bodies;
wheels and rims; windshield wipers; and other requirements as applicable.
Walk-Around DriverNehicle Inspection (Level 2): An examination that includes
each of the items specified under the North American Standard Inspection. As a
minimum, Level II inspections must include examination of: driver's license; medical
examiner's certificate and Skill Performance Evaluation (SPE) Certificate (if applicable);
alcohol and drugs; driver's record of duty status as required; hours of service; seat belt;
vehicle inspection report (if applicable); brake systems; coupling devices; exhaust
systems; frame; fuel systems; lighting devices (turn signals, brake lamps, tail lamps, head
lamps and lamps/flags on projecting loads); safe loading; steering mechanism;
suspension; tires; van and open-top trailer bodies; wheels and rims; windshield wipers;
emergency exits on buses, and other requirements as applicable. It is contemplated that
the walk-around driver/vehicle inspection will include only those items, which can be
inspected without physically getting under the vehicle.
Action
Level 1 Ins ections
Level 2 Inspections
Total Levell & 2 Ins ections
Driver Violations
Tractor Violations
Trailer Violations
Total Violations
Driver Out of Service
Tractor Out of Service
Trailer Out of Service
Total Out 0 Service
DOT Char es Filed
Weight Charges Filed
Other Charges Filed
Total Char es Filed
Accidents Worked
Accidents Assisted
Patrol Calls
Arrests
2007
237
1396
1633
769
2696
1096
4561
90
344
243
677
892
606
504
2002
90
89
868
32
2008
189
1236
1425
710
2389
1102
4201
76
244
232
552
712
196
1433
2341
107
88
801
27
6
Operational Activity Report
Activity
Administrative Activity Report
To further supplement the annual Crime Report, listed below is a review of several
administrative activities of interest from the years 2007 & 2008.
Respectfull y,
Kenith R. Adcox
Chief of Police
2007 2008
2039 1676
2876 3181
1269 1437
6537 8635
51 43
956 973
1065 842
242 311
99 140
278 317
686 571
2810 2783
22 15
45 67
$9,470.00 $11,405.00
2084 2339
406 326
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
- 2010 Complete Count Committee Package
- Complete Count Committee/Power Point
Appropriation: N/A
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item:
Requested By: Tim Tiefen
Department: Plannhll!
Report: -LResollltion: _Ordinance: _
Exhibits:
SUMMARY
Every ten years, the Census Bureau conducts a census of the population and housing of the United States.
The City participates in the Decennial Census in various ways: the Local Update of Census Addresses
(LUCA) Program and the Boundary and Annexation Survey program which are completed by staff
annually or otherwise; and the Complete Count Committee (CCC) effort whose purpose is to promote and
market the census taking effort to achieve an accurate population count within LaPOlte. The committee
would be appointed temporarily for a nine to twelve month period preceding Census Day, which in this
case will be April 1, 2010.
Action Required bv Council:
ceive update on upcoming Census 2010 and consider forming Complete Count Committee.
'>
Date
D-1162(L) (2-2009)
~~Weo...
l ~~ ~~~
.. 1;&J ~
~1>O.lXJ I'
.rrArES Of "
UNITED STATES DEPARTMENT OF COMMERCE
Economics and Statistics Administration
U.S. Census Bureau
Washington, DC 20233-0001
OFFICE OF THE DIRECTOR
FROM THE ACTING DIRECTOR
U.S. CENSUS BUREAU
W~M~RJ~~2~9~m t~~'
BYY..'.
C\TVSECREfARV'S
OFFICE
Every decade since 1790, the U.S. Census Bureau has conducted a constitutionally mandated
census to determine the number of people living within the United States and our territories.
These data are used by our Nation's leaders to help make vital decisions on behalf of all
residents, including reapportionment and redistricting. Census data also affect how more than
$300 billion in federal funds are distributed to tribal, state, and local governments each year.
One of the primary goals of the 2010 Census is to increase the national mail back response
rate. This not only reduces the overall cost of the census, but it also increases the accuracy of
these data as well. Tribal, state. and local governments, as well as community and business
organizations can help us achieve this goal by bringing local knowledge and expertise to the
process.
The Complete Count Committee is a major vehicle for planning and implementing local,
targeted efforts that will uniquely address the special characteristics of your community. The
role of the Complete Count Committee will be to plan and implement local outreach efforts to
publicize the importance of the 2010 Census. The work of this Committee will be innovative,
exciting, and rewarding.
The 2010 Census Complete Count Committee Guide provides guidelines for the active
involvement of government officials, community leaders, and businesses in promoting the
2010 Census to residents in your area. The guide suggests a structure for organizing a local
campaign, provides examples of activities that may be implemented, and gives a timetable for
these activities. If you have any questions about the guide or how to get started forming your
own Complete Count Committee, please refer to the back of this Guide for your local Census
Bureau Regional Office or visit <www.census.gov/2010Census>.
Your participation in the 2010 Census programs is voluntary. However, many government
officials and community leaders understand that their participation is vital to help ensure an
accurate and complete count of their community.
The Census Bureau is strongly committed to the most accurate and efficient census in 2010.
With your help, we will ensure every resident is counted once-only once-and in the right
place. We look forward to partnering with you to obtain an accurate count for your community.
Sincerely,
~~.
Thomas L. Mesenbourg
USCENSUSBUREAU
Helping YOII Make Informed Deeisioll!
www.cenSU5.gov
0-1280
IT'S IN OUR HANDS
www.census.gov/2010census
USCENSUSBUREAU
U.S. Department of Commerce
Economics and Statistics Admlnlstratlon
u.s. Ca/5U5 BUREAU
CeaiSSUs.
2010
TABLE OF CONTEN~rS
Message From the Director.. ............. ............. ........................ ........... ..... ....... .............. .......... 3
Why Do We Take the Census? ................................................................................................ 5
How Are Census Data Used? ................................. ........................... .......... ................ ........... 6
Are Census Data Really Confidential? .......................... ......... ............ .......... ................ ............ 7
What Is a Complete Count Committee (CCC)? .................,...................................................... 8
How Do You Organize a Complete Count Committee? ..................................................9
State Government Complete Count Committees........................................................... 9
Local Government Complete Count Committees ........................................................ 11
Community Complete Count Committees .................................................................. J 2
When Should a Complete Count Committee Organize? ........................................................ 14
What Is the Subcommittee Structure of a Complete Count Committee?............................... J 5
Suggested Schedule for the Complete Count Committee............................................ 17
Summary: What Are the Benefits of a Complete Count Committee?.....:............................... 19
Appendix A: 50 Ways Census Data Are Used ....................................................................... 20
Appendix B: Understanding the Language of the 20 J 0 Census................................ ............ 21
Regional Office Contact List ......... ......................... ............... ............. ......................... ......... 24
2010 Census Complete Count Committee Guide
Message
From the Director
U.S. Census Bureau
Every decade since 1 790, the U.S. Census Bureau has conducted a constitutionally mandated census to
determine the number of people living within the United States and our territories. These data are used by
our nation's leaders to help make vital decisions on behalf of all residents, Including reapportionment and
redistricting. Census data also affect how more than $300 billion in federal funds are distributed to tribal,
state, and local governments each year.
One of the primary goals of the 2010 Census is to Increase the national mail back response rate. This not
only reduces the overall cost of the census, but it also Increases the accuracy of these data as well. Tribal,
state, and local governments, as well as community and business organizations can help us achieve this
goal by bringing local knowledge and expertise to the process.
The Complete Count Committee is a major vehicle for planning and Implementing local, targeted efforts
that will uniquely address the special characteristics of your community. The role of the Complete Count
Committee will be to plan and Implement local outreach efforts to publicize the importance of the
2010 Census. The work of this committee will be Innovative, exciting, and rewarding.
The 2010 Census Complete COUll' CommIttee Guide provides guidelines for the active Involvement of
government officials, community leaders, and businesses in promoting the 2010 Census to residents In
your area. The guide suggests a structure for organizing a local campaign, provides examples of activities
that may be Implemented, and gives a timetable for these activities. If you have any questions about the
guide or how to get started forming your own Complete Count Committee, please refer to the back of this
guide for your local Census Bureau Regional Office or visit <wwwcensus.gov/201OCel1sus>.
Your participation In the 2010 Census program is voluntary. However, many government officials and
community leaders understand that their participation Is vital to help ensure an accurate and complete
count of their community.
The Census Bureau is strongly committed to the most accurate and efficient census In 2010. With your
help, we will ensure every resident Is counted once-only once-and In the right place. We look forward
to partnerlng with you to obtain an accurate count for your community.
Sincerely,
4J;::# ~
Steve H. Murdock
2010 Census Complete Count Committee Guide
3
WHY DO WE
TAI(E THE
CENSUS?
. The U.S. Constitution (Article I, Section 2) mandates a
headcount every 10 years, of everyone residing in the
United States: in all 50 states, Puerto Rico, and the Island
Areas. This Includes people of all ages, races, ethnic
groups, citizens, and noncitizens. The first census was
conducted in 1790 and has been carried out every
10 years since then.
. The next census occurs in 20 10. The population totals
from this census will determine the number of seats
each state has in the House of Representatives. States
also use the totals to redraw their legislative districts.
. The U.S. Census Bureau must submit state popula-
tion totals to the President of the United States by
December 31, 2010.
. The totals also affect funding in your community, and
data collected in the census help Inform decision makers
how your community Is changing. Approximately $300
billion in federal funding is distributed to communities
each year.
Will the 2010 Census be the same as 20007
No, there are some Important changes:
. 2010 Census will be short form only-Just 10
easy questions.
. The long form is now part of the annual American
Community Survey.
. Handheld computers with Global Positioning System
will be used to check our address list In 2009.
2010 Census Complete Count Committee Guide 5
HOW ARE CENSUS
DATA USED?
Census data are widely and wisely used.
Determining congressional seats and federal funding is Just a
hint of the many important uses of census data. Take a look
at examples below and refer to the appendix for even more
uses of census data. (See Appendix A: SO Ways Census Data
Are Used.)
. The federal government uses population data to
allocate funds In a number of areas:
. Title I grants to educational agencies
(school districts across the nation)
. Head Start programs
. Women. Infants. and Children (WI C) (food grants)
. Public transportation
. Road rehabilitation and construction
. Programs for the elderly
. Emergency food and shelter
. Empowerment zones
. The data help the private sector as well as state and
federal governments determine where jobs and job
programs are needed.
. Census data help potential homeowners research prop-
erty values. median income, and other demographic
information about a particular community.
. Corporations use population data for market research to
determine locations for commercial enterprises, such as
food stores, pharmacies, and other essential services.
6
2010 Census Complete Count Committee Guide
ARE CENSUS
DATA REALLY
CONFIDENTIAL?
. ABSOLUTELYI
. Your answers are protected by law (TItle 1 3 of the
U.S. Code, Section 9) and are strictly confidential. It
is Illegal for the Census Bureau, or Its employees, to
share your personal Information with any other govern-
ment agency-not law enforcement, IRS, Welfare, FBI,
Immigration, etc.
. No court of law, not even the President of the United
States, can access your individual responses.
1953-Durlng the Truman administration, the White House
had to undergo renovation. It was necessary to relocate the
President until the renovation was completed. The Secret Service
requested from the Census Bureau Information on residents IIv.
ing in the proposed relocation area for the purpose of performing
background checks. However, because census data are ABSOLUTELY
CONFIDENTIAL, even to the President, the request was denied.
President Truman spent his exile at Blair House.
. Census workers must pass security and employment
reference checks and are highly motivated to protect your
answers. All Census Bureau employees are subject to a
$250,000 FINE AND/OR A 5-YEAR PRISON TERM for dis-
closing any Information that could identify a respondent
or household.
1980-Armed with a search warrant authorizing them to
seize census documents, four FBI agents entered the Census Bureau's
Colorado Springs office. No confidential Information was ever
released because a census worker held off the agents until her
superiors resolved the Issue with the FBI.
2010 Census Complete Count Committee Guide
7
WHAT IS A
COMPLETE COUNT
COMMITTEE (CCC)?
How Does a Complete Count
Committee Work?
Now that you are familiar with what a census Is and why
we conduct a census every 10 years, you can appreciate
how much work Is required to count every resident living
in the country. The Census Bureau cannot do this alone.
We require the assistance of partners-Individuals. groups,
and organizations across the nation that can help us
build awareness about the census. why it Is important,
and encourage their community to participate. One very
effective way to accomplish this is through Complete Count
Commiuees.
What Is a Complete Count Committee?
A Complete Count Commiuee (CCC) Is a volunteer
committee established by tribal, state, and local governments,
and/or community leaders, to increase awareness about the
census and motivate residents in the community to respond.
The committees work best when they include a cross section
of community representatives from government agencies,
education, business, religious organizations. and the media.
The CCC is charged with developing and Implementing a
plan designed to target the unique characteristics of their
community.
Complete Count Committees (CCCs) come In different
types and sizes, depending on how they are organized and
where they are located. The following table gives you an Idea
of the types and sizes that are most common.
8
2010 Census Complete Count Committee Guide
i~~~.C)f",.,..",. ....::~~~r;~:I\lt:/...,.......
State State government Large
'~i'~.~i~4ffht:.
Statewide
Local Local government Large,
(Regional, County, Medium,
City, Town) or Small
Urban,
Rural, or
Suburban
Community Community
organizatlon/
leader
Large,
Medium,
or Small
Urban,
Rural, or
Suburban
Government-sponsored CCCs may have a state,
regional, or local focus, and operate within the
jurisdiction of their highest elected official(s). local
government CCCs may include more than one
jurisdiction. Community-sponsored CCCs may be
organized by a community group or a coalition of
community groups. A CCC may also be assumed
by or assigned to an existing committee or group
such as a city planning board, a regional planning
commission, or a local community committee.
Once the CCC members have been identified,
chairpersons may wish to divide the members
Into subcommittees based on the activities that
the committee plans to undertake. For example.
a media subcommittee may be formed to Identify
local officials and other persons of influence to
record public service announcements (PSAs) and
appear on local television and radio shows about
the census. A second subcommittee might be on
education, targeting the schools, colleges, and uni-
versities with promotional materials and ensuring
that the Census in Schools materials are being
used by schools across the state. Another may be
a business subcommittee that targets businesses
and encourages them to post census materials and
sponsor local events. Other possible subcommittees
may include a faith-based focus to reach religious
groups in a community or a youth focus to target
organizations providing services to children, such
as Head Start or day care centers. The type of
subcommittee created is really based on the needs
of the community the CCC serves or the focus of
committee outreach. Tailor subcommittees to meet
the community needs. Examples of subcommittees
and what they do are covered under "What is the
subcommittee structure of a Complete Count
Committee?" on page 1 S.
The common thread among all CCCs is that they
are a team.
CCCs are a team:
. Charged witlt iupuencJug members of t/felr
c0I111mm/ry to complere rhe 20'0 CeI'SUS
questionnaire In a timely and accurate
mRlmer.
. Of community members that will lead tl,elr
community in rite PI'OI11otlon of a 2010 Census
awal'eness ctJmpaigl' (rom now tlwough
October 2010.
Why Form (.l Complete Count
Committee?
A Complete Count Committee should be
formed to:
. Increase tlte response rate f~ reside/tts mailing
back their qt,estlOlmaire throlfgh a foctlsed,
stn,crtlred, nelgl'bor-to-"eiglfb~ program.
. Utilize tl,e locallmow/edge, expertise, and
inf1nence of eaclt Complete Count Committee
111e/1Iber to design Rltd implement tJ census
awareness campalgl' targeted to tlte commu'
nlty.
. Briftg together tJ cross section of community
members wltose focus is 2010 Censtls aware-
ness.
The CCC speaks the language of Its community,
therefore establishing an Information highway that
even the Internet cannot rival-neighbor informing
neighbor.
The CCC makes sure each resident is aware of the
importance of an accurate census count.
How Do Y(:Ull Orgalltize ~l
Conllfjlete COllU.ltt ConHnitt~~e?
Based on the previous table, there are three types
of Complete Count Committees, state government-
sponsored, local government-sponsored, or
community-sponsored. let's take a look at each
of these and review the differences between the
committee types and sizes. Knowing what the
differences are will help determine how to form
your Complete Count Committee.
State (;ovelt'YU-gM~lIlt ()')!11[,lllete
COUtilt C()Jrrunittl~e5
The Governor of the state, who appoints individuals
to serve as members on the committee. typically
creates state Complete Count Committees. The
committee may be chaired by an Individual desig-
nated by the Governor, such as the Governor's
Liaison or staff from the State Data Center. State
CCCs may be fairly large with anywhere from 20 to
100 members. The committee members should be
representative of the residents of the state and have
2010 Census Complete Count Committee Guide
9
the time and commitment needed for a successful
committee. State CCCs typically have members
from various state agencies, local government
agencies. schools. churches, media. and community
organizations. Tap groups or organizations that
will best help you implement and achieve your
goals. State CCCs may operate with or without a
subcommittee structure. Examples of subcommittees
and what they do are covered under "What is the
subcommittee structure of a Complete Count
Committee?" on page 15.
State CCCs often have a better understanding of the
economic impact of a complete count and are highly
motivated to develop a comprehensive outreach
plan. They tend to have more resources (funds
and/or staff) to support a Ccc.
Examples of State Complete
Count Committee Strategies
Several states organized Complete Count
Committees in Census 2000, and we can look
to them for best practices. The Important thing
to remember Is to do the best you can with the
resources you have. Here are some suggested
strategies that worked well for them:
o Allocate state funds for implementation of
the state Ccc.
o Develop an action plan.
o Assign staff to work with the state Ccc.
o Set clear, achievable goals and objectives.
o Identify targets (populations or areas) for
aggressive outreach through-
. direct community outreach-touching as
many people as possible through swap meets,
sports events, festivals, parades, etc.
. strategic partnerships with counties, schools,
state agencies, and community-based organi-
zations.
. a state media campaign with a catchy slogan.
Example: California state CCC In 2000 used
the slogan "California, You Count!"
o Coordinate activities with local CCCs throughout
the state.
o Develop a state 2010 Census Web site
with links to the Census Bureau Web site.
o Create promotional materials and items for
populations or areas identified.
. Create events in key areas where none exist.
Sample Activities of State
Complete Count Committees
2008-2009
o Allocate funds to conduct CCC outreach.
. Encourage local governments to form Complete
Count Committees.
. Develop a list of barriers or concerns that might
impede the progress of the 2010 Census in your
state, such as pockets of populations speaking a
language other than English, recent immigrants.
and significant numbers of children under age
18. Explore ways/activities to address or
overcome these barriers.
. Develop and implement activities to involve
state government employees In 2010 Census
awareness campaign.
. Include the 2010 Census logo and messages on
letterhead, brochures. newsletters, and Web site.
. Display census information/materials in all state
government buildings.
. Sponsor a contest to create a state slogan and/
or mascot for promoting the 2010 Census.
January-March 2010
. Add census messages to meetings and corres-
pondence.
. Implement major promotional events around
mail out of questionnaires and nonresponse
follow-up.
. Provide Information on federally funded
programs that have benefited the state.
. Saturate targeted areas with census Information
that is easy-to-read and understand.
. Change telephone hold messages In state offices
to remind residents to complete and return their
questionnaire Immediately.
April 201 0
. Have government employees answer the phones
with a 2010 Census message.
. Change telephone hold messages In state offices
to one that encourages residents to cooperate
with the census workers that may come to their
home If they don't return their questionnaire.
10
2010 Census Complete Count Committee Guide
May-July 2010
. Prepare final report of committee activities and
provide a copy of your report to your regional
census contact person.
Local 01' Tribal GQVeR'IU11.ent
COlluljllete C01l.u:u: Col1tuniUees
Local Complete Count Committees are formed by
the highest elected official in that Jurisdiction, such
as a mayor, county commissioner, tribal leader, or
regional chairman. The highest elected official may
appoint a chair of the CCC and may then appoint
residents of the community to serve as members of
the CCC. Members appointed could be representative
of a cross section of the community, be willing
and able to serve until the census Is over, and help
implement a creative outreach campaign In areas
that may pose a challenge in 2010. Members could
include persons from the areas of education, media,
business, religion, and community groups. Most
local government CCCs are small to medium size
depending on the jurisdiction. A town may have a
small committee with only 3-5 members, while a city
CCC may be medium to large size with anywhere
from J 0 to more than 100 members, depending on
the size of the city or tribe.
Both county and regional CCCs, since they cover
a larger geography, tend to be larger in size with
20-50 members. The size and number of members
depends on what works best for each Jurisdiction
and what will make the most effective and successful
committee. Mayors, county commissioners, and
heads of regional boards understand the Importance
of getting a complete and accurate census count
and how census data impacts their communities.
In previous censuses, experience has shown that
local government CCCs are more productive with
subcommittee structure.
Examples of subcommittees and what they do are
covered under 'What is the subcommittee structure
of a Complete Count Committee?" on page IS.
Examples of Local and Tribal Complete
Count Committee Strategies
Nationwide, there were 11 ,800 Complete Count
Committees formed in Census 2000, and the major-
ity of them were local government committees. Here
are some suggested strategies that worked for them:
. Allocate funds for the CCC, and assign a staff
person to work with the committee.
o Set clear, achievable goals and objectives.
. Identify areas of the community that you want to
target, either a geographical area or a population
group that might be hard to count.
. Use a "grassroots" approach, working with
community-based organizations and groups
who have direct contact with residents,
especially those who may be hard to count.
. Create promotional materials and products
customized for your area.
. Implement special events such as a Census Day
"Be Counted" parade.
Sample Activities of Local Complete
Count Committees
2008-2009
. Develop a list of barriers or concerns that might
impede the progress of the 2010 Census in
your local area, such as recent Immigrants,
non-English speaking groups, high crime areas,
and communities with gated residents. Explore
ways/activities to address or overcome those
barriers.
. Create ways to dispel myths and alleviate fears
about the privacy and confidentiality of census
data.
. Place census messages In water bills, property
tax bills, and other correspondence generated
by the jurisdiction.
. Develop and Implement activities to involve
local government employees in 2010 Census
awareness campaign.
. Encourage corporations to become official
sponsors of your census activities.
o Have census banners, posters, and other
slgnage placed In highly visible public locations.
. Include the 2010 Census logo and message on
bus schedules, brochures, newsletters, and
your local jurisdiction Web site.
o Sponsor a census booth at county fairs,
carnivals, and festivals (especially cultural or
ethnic celebrations).
-,
o Sponsor a contest to design a sticker or poster
promoting the 2010 Census.
. Have census information available during voter
registration drives.
2010 Census Complete Count Committee GUide
11
Jan uary-March 2010
. Add a census message to all meetings, events,
and correspondence.
. Provide information on federally funded
programs that have benefited the community.
. Plan a major promotional event around the
mallout of census questionnaires.
. Saturate public access areas with easy-to-
read and understandable census Information
customized for your community.
. Ask elected officials to encourage residents to
complete and return questionnaires Immediately.
. Place a census message on all municipal
marquees urging residents to complete and
return their questionnaires.
April 2010
. Place public selVlce announcements in local
media encouraging residents to cooperate
with census workers.
Comn'lunity Conl1:JJlete
Count Committees
Community Complete Count Committees are often
formed in areas that do not have a government
CCC or areas that may require a more targeted
outreach approach. Community CCCs may be
formed by a community group/organization or a
coalition of several organizations. For example, an
organization in a predominantly elderly community
may want to form a community CCC In order
to build awareness among that population and
encourage them to respond when questionnaires
are delivered. A tenant's association may form a
committee to educate tenants about the census and
help those needing assistance In completing their
questionnaire. Community CCCs Identify their own
chair and committee members. They may choose
residents who are influential leaders or gatekeepers
in the community to selVe as members or others
that will help accomplish the goals of the committee.
Community CCCs are usually small to medium in
size with anywhere from 5 to 25 members depend-
ing on the sponsoring organizatlon(s) and the size
of the community It represents.
Small committees may not need subcommittees,
however, larger committees may find this structure
helps them focus and work more effectively.
Examples of Community Complete
Count Committee Strategies
A number of organizations formed community
Complete Count Committees In Census 2000.
Some examples of these organizations are
Community Action groups, Hispanic SelVice Center,
Delta Sigma Theta Sorority, and Human Development
Commission. Here are some suggested strategies
that worked for them:
. Set clear, achievable goals and objectives for
your committee.
. identify what your committee will focus on.
Some examples include increasing the response
rate in public housing communities among
cultural/ethnic groups in your area or among
students in colleges/universities, outreach and
promotion to youth or elderly in the community,
or a global approach if no other CCCs are in
the area.
. Develop an action plan that wJII include activi-
ties, events, etc., which will support your efforts
and help you meet your goals and objectives.
. Create promotional materials that appeal to your
focus areas, if resources are available.
. implement special events that will generate
interest and participation in the census.
Sample Activities of Community
Complete Count Committees
2008-2009
. Identify organizations in the community that
can provide space for Questionnaire Assistance
Centers and will selVe as a Be Counted site.
Pass this information on to your census contact
person.
. Make a list of community-based organizations
In your area. Hold a meeting with leaders of the
organizations and solicit their help in creating
a census awareness campaign targeted for
community residents.
. Check the community calendar in your area for
events. Contact event organizers to see If you
can a have a census table or pass out census
materials to increase awareness.
. Plan and solicit sponsors for a "Census Day/
Night Street Festival" In late 2009. Think of
creative games or activities where census
information can be Incorporated.
. Develop a 2009 Census Activity Calendar, ask
organizations to choose a month In which they
will sponsor census activities or promote census
awareness.
12
2010 Census Complete Count Committee Guide
. Ask organizations to Include a census article
or message In all of their publications from
April 2009 to August 2010.
January through March 2010
. Encourage organizations to include 2010 Census
on the agenda of their meetings, workshops, or
conferences.
. Distribute/post filers announcing the delivery of
the census questionnaire at busy locations in
the community.
. Check with your census contact person about
the locations of Questionnaire Assistance
Centers and Be Counted sites in your commu-
nity. Get signs from the contact person with
the days and times the centers will be open.
If signs are not available, make and post them
as a committee project.
. Sponsor a "Little Miss/Mr. Census" contest and
have the winners complete and mail a "symbolic"
census questionnaire.
April 2010
. Encourage residents to complete and mail back
their census questionnaires.
. Plan a Census Day event to motivate community
response.
. Check with your census contact person about
response rates for your community. If rates are
low, plan special events or activities to motivate
residents to respond.
. Remind residents If they don't mailback their
questionnaire a census worker may come to
their home. Encourage residents to cooperate
with census workers.
May 2010
. Continue to encourage community residents
to cooperate with census workers.
. Evaluate what worked best for your community
and briefly report this information to your
census liaison.
. Celebrate your success and thank all those
involved in making it happen.
2010 Census Complete Count Committee Guide
13
WHEN SHOULD A
COMPLETE COUNT
COMMITTEE
ORGANIZE?
Get Organized RIGHT NOWI
. Although the 2010 Census questionnaires will not
be delivered to households until mid-March of 201 0,
the census awareness campaign should start TODAY.
Residents will begin to experience, by the end of 2008,
some type of census operation such as address listing.
These operations are necessary to verify the accuracy
and location of each address in the United State.s.
. The. Immediate formulation of a Complete Count
Committee will ensure that local residents are kept
abreast of the various census operations before the
Information is nationally circulated.
. The more informed residents are about the 2010 Census
operations, the better their understanding of the census
process becomes, thus increasing their willingness to be
a part of the successful enumeration in 2010.
14
2010 Census Complete Count Committee Guide
WHAT IS THE
SUBCOMMITTEE
STRUCTURE OF A
COMPLETE COUNT
COMMITTEE?
The Structure
. The Census Bureau regional staff will serve as a liaison or
an informational resource.
. The operation of the Complete Count Committee flows
from the highest elected official or community leader to
the chairperson, the committee members, and/or to the
community at large.
. The highest elected official or community leader
appoints a chairperson. The chairperson Is the liaison
or main source of contact between the Complete Count
Committee and the Census Bureau.
. The chairperson collaborates with the highest elected
official or community leader to select subcommittee
chairs.
. The Complete Count Committee should Involve every
aspect of a local community in its subcommittee
structure-government, education, faith-based, media,
community-based organizations, business, and recruiting.
The U.S. Census Bureau does not manage the
Complete Count Committee.
The following are examples of a typical subcommittee struc-
ture. Other subcommittees may be formed based on the
focus of the CCC or the needs of the community. Examples
of other subcommittee topics are migrant and seasonal
farmworkers, children/youth services, immigrants, senior
services, and the disabled community.
Covernment subcommittee-Assists in all activities
between the Census Bureau and the local government, such
as participation in decennial geography programs, free space
2010 Census Complete Count Committee Guide
15
for Questionnaire Assistance Centers, and identifying
other resources for CCC activities.
Education subcommittee-Facilitates census
awareness for local schools from prekindergarten
through twelfth grade, as well as postsecondary
education institutions In the area. May also
encourage school administrators, teachers, and
students to use Census in Schools materials.
Faith.based subcommittee-Creates and coordi-
nates activities and materials that can be used by
any local faith-based institution in the promotion
of the 2010 Census awareness and participation.
Media subcommittee-Creates and facilitates
ways to get the census message to all community
residents, using all available sources such as local
newspapers, newsletters, fliers, local festivals,
billboards, radio, and television.
Community.based organizations
subcommittee-Collaborates with community
organizations to Inform residents of the Importance
of participating In the 2010 Census and the benefits
derived from census data.
Business suhcommittee-Creates and coordi-
nates activities that Involve businesses In census
awareness, such as distribution of census Infor-
mation and census messages on packaging (grocery
bags), and the inclusion of the census logo and
message on sales promotion materials.
Figure 1.
Sample Organizational Chart
Recruiting subcommittee-Disseminates Informa-
tion about census job openings for the 2010 Census.
Information will Include the number of jobs avail-
able, types of jobs available, and the locations of
testing and training sites.
The subcommittee chairpersons may recruit mem-
bers for their respective teams. The ideal candidates
for a Complete Count Committee are those com-
munity members who have expertise, Influence, and
experience in the area of the respective committee.
Committees are more productive and successful If
willing to invest time, resources, and energy In this
project.
Figure 1 Is a sample Complete Count Committee
organizational chart. The organizational chart is a
guide to assist In forming a CCC and Implementing
the CCC plan. Once discussion has started about the
focus and goals of the committee, subcommittees
and/or activities may be added to fit the customized
plan.
Both the government-led and the community-led
Complete Count Committee operation flows
the same, from chairperson to committee and/or
subcommittees and then to the community at large.
The community CCC essentially functions the same
as the governmental CCc.
GOVERNMENT EDUCATION
SUBCOMMITTEE SUBCOMMITTEE
BUSINESS RECRUITING
SUBCOMMITTEE SUBCOMMITTEE
16
2010 Census Complete Count Committee Guide
Suggested ~chedule for
tbe Cornplete Count
Conul1ittee
Now Through March 2010
Action Steps
2008 Summer and Fall
. Highest elected official or community leader
meets with regional office partnership staff
to discuss forming a partnership for the
2010 Census and the establishment of a
Complete Count Committee.
. Highest elected official or community leader
appoints the chairperson of the Ccc.
. Highest elected official or community leader, with
the assistance of the chairperson, appoints the
subcommittee chairpersons (if necessary).
. Highest elected official or community leader
holds a press conference to announce. the
formation of a CCC and the appointment of
the chairperson.
. Official or community leader Issues a
proclamation/resolution stating that it will
formulate a Complete Count Committee for
the 2010 Census.
2008 Fall and Winter
. Hold first Complete Count Committee meeting:
. Give an overview of the roles and
responsibilities of a CCc.
. Select a secretary to record minutes
of meetings.
. Establish committees (If necessary).
. Develop a plan of action for 2010 Census
awareness campaign to cover the period
from now through October 2010.
· Set a schedule for the CCC meetings as
well as the subcommittees.
February-December 2009
. CCC members participate in census CCC
training.
· Hold regularly scheduled meetings to report on
tasks and subcommittee activities.
· Proceed with census awareness activities
generated by each subcommittee.
. Evaluate the activities for effectiveness.
. Modify action plan as needed.
. Saturate community with at least one census
awareness activity each month.
January 2010
. Hold monthly CCC and subcommittee meetings.
. Finalize plans for activities surrounding question-
naire delivery days and Census Day activities.
. Review task lists and subcommittee activity
plans.
. Proceed with 2010 Census activities generated
by subcommittees.
. Finalize plans for activities to encourage residents
to complete and return census questionnaires.
. Develop and finalize plans for motivating resi-
dents who do not return their questionnaires
to cooperate with census workers during non-
response follow-up. Plan these activities for
April 2010. .
February 2010
. Hold regular CCC and subcommittee meetings.
. Review and modify, as needed, plans for ques-
tionnaire delivery and Census Day activities.
. Review and modify, as needed. plans for residents
who do not respond.
. Finalize plans for all activities scheduled for
March and April.
. Check with subcommittee chairs on the number
and location of Questionnaire Assistance Centers
and Be Counted Sites. Publicize the location,
dates, and times of operations In the community.
March 20 I 0
Countdown to Census Day
. Review and implement activities leading to
Census Day-April 1, 2010.
· Finalize plans for all activities planned for the
end of March and the month of April.
. Proceed with activities generated by subcommit-
tees.
· Send press release highlighting 2010 Census
activity schedule.
· Encourage community members to participate
with census workers during address canvassing
operations.
2010 Census Complete Count Committee Guide
17
Census Day-April 1, 2010
April 2010
The time has come to act.
. Implement Census Day activities.
. Hold daily activities to encourage residents
to complete questionnaires accurately and to
return them quickly.
. Evaluate activities and make changes as
necessary.
. Prepare to Implement activities for residents
that did not return their questionnaire.
. Implement activities to keep the census
awareness and interest strong.
May-July 2010
Nonresponse follow-up
. Use all sources to encourage residents to
cooperate with census workers.
. Continue to meet regularly to give and receive
2010 Census progress reports.
. Prepare summary report of CCC activities,
operations. and member feedback.
. Celebrate the success of the 2010 Census
enumeration and recognize the efforts of the
CCC members.
18
2010 Census Complete Count Committee Guide
::--.:.,r;~:Jiii~~~~~~
SUMMARY:
WHAT ARE THE
BENEFITS OF A
COMPLETE COUNT
COMMITTEE (CCC)?
The CCC speaks the language of and knows the pulse of Its
community, therefore establishing an Information highway
that even the Internet cannot rival-neighbor Informing
neighbor.
The CCC will help ensure an accurate 2010 Census count.
The CCC gains valuable knowledge about the census process
at the local level and develops a plan to impart that know-
ledge to each and every resident as only a neighbor and
fellow stakeholder can do.
The CCC increases the participation ratio and the response
rate by continuing awareness of the 2010 Census through
July of 2010.
2010 Census Complete Count Committee Guide
19
APPENDIX A:
50 Ways Census Data Are Used
. Decision making at all levels of government.
. Drawing federal, state, and local legislative
districts.
. Attracting new businesses to state and local
areas.
. Distributing over $300 billion in federal funcls
and even more In state funds.
. Forecasting future transportation needs for all
segments of the population.
. Planning for hospitals. nursing homes, clinics,
and the location of other health services.
. Forecasting future housing needs for all segments
of the population.
. Directing funds for services for people in poverty.
. Designing public safety strategies.
. Development of rural areas.
. Analyzing local trends.
. Estimating the number of people displaced by
natural disasters.
. Developing assistance programs for American
Indians and Alaska Natives.
. Creating maps to speed emergency services to
households In need of assistance.
. Delivering goods and services to local markets.
. Designing facilities for people with disabilities,
the elderly, or children.
. Planning future government services.
. Planning Investments and evaluating financial
risk.
. Publishing economic and statistical reports
about the United States and Its people.
. Facilitating scientific research.
. Developing "intelligent" maps for government
and business.
. Providing proof of age, relationship, or residence
certificates provided by the Census Bureau.
. Distributing medical research.
. Reapportioning seats in the House of
Representatives.
. Planning and researching for media as backup
for news stories.
. providing evidence in litigation involving land
use, voting rights. and equal opportunity.
. Drawing school district boundaries.
. Planning budgets for government at all levels.
. Spotting trends in the economic well-being of
the nation.
. Planning for public transportation services.
. Planning health and educational servlces.for
people with disabilities.
. Establishing fair market rents and enforcing
fair lending practices.
. Directing services to children and adults with
limited English language proficiency.
. Planning urban land use.
. Planning outreach strategies.
. Understanding labor supply.
. Assessing the potential for spread of
communicable diseases.
. Analyzing military potential.
. Making business decisions.
. Understanding consumer needs.
. Planning for congregations.
. locating factory sites and distribution centers.
. Distributing catalogs and developing direct mail
pieces.
. Setting a standard for creating both public and
private sector surveys.
. Evaluating programs In different geographic
areas.
. Providing genealogical research.
. Planning for school projects.
. Developing adult education programs.
. Researching historical subject areas.
. Determining areas eligible for housing assistance
and rehabilitation loans.
20
2010 Census Complete Count Committee Guide
APPENDIX B:
Understanding the Language
of the 2010 Census
Glossary
The 2010 Census From A to Z
Advance Letter
A Census Bureau letter sent to alert households that
the census questionnaire will be mailed or delivered
to them soon.
American Community Survey (ACS)
A monthly sample household survey conducted by
the Census Bureau to obtain information similar to
the long-form census questionnaire. The ACS Is sent
to a small percentage of the U.S. population on a
rotating basis. First tested In 1995, It will replace
the long form for the 2010 Census. Since 2004, ACS
has provided annual data for social and economic
characteristics for many geographic entities and
population groups.
Be Counted Site
The Be Counted program provides a means for
people who believe they were not counted to be
included in the 2010 Census. Special Be Counted
census forms in five different languages-Spanish,
Chinese, Korean, Vietnamese, and Russian, will be
available at different locations In the community.
Businesses and organizations may agree to be a
Be Counted site by donating space to display a Be
Counted box with forms in appropriate languages
for their location. The Be Counted program runs for
about 4 weeks in spring 2010.
Census
A complete enumeration of a population or business
and commercial establishments, factories, farms, or
governments In an area. (See decennial census.)
Census Bureau
An agency within the U.S. Department of Commerce
and the country's preeminent statistical collection
and dissemination agency. It publishes a wide
variety of statistical data about people, housing,
and the economy of the nation. The U.S. Census
Bureau conducts approximately 200 annual surveys,
conducts the decennial census of the United States
population and housing, the quinquennial economic
census, and the census of governments.
Census Day
The reference date for collection of information for a
census. For the decennial census, this has been
April 1 of the decade year (year ending with zero)
since the 1930 census. April 1, 20 10, Is the
reference date, Census Day, for the 2010 Census.
Census in Schools (CIS)
A national program component of the 2010 Census
with an emphasis on kindergarten through eighth
grade students in schools located In hard to count
areas. The purpose of Census in Schools is to
educate all ofthe nation's K-12 students about the
importance of the 2010 Census.
Commitment
An agreement or pledge to carry out a particular
task or activity that will in some way help the census
achieve Its goals.
Complete Count Committee (CCC)
A volunteer committee established by tribal,
state, and local governments, and/or community
organizations leaders to Include a cross section
of community leaders, including representatives
from government agencies; education, business,
and religious organizations; community agencies;
minority organizations; and the media. The
committees are charged with developing and
Implementing a 20 10 Census outreach, promotion,
recruiting, and enumeration assistance plan of action
designed to target and address the needs of their
communities.
Confidentiality
The guarantee made by law (Title 13, United States
Code) to Individuals who provide Information to the
Census Bureau, ensuring that the Census Bureau will
not reveal information to others.
Decennial Census
The census of population and housing taken by the
Census Bureau in each year ending in zero. Article 1,
Section 2, of the U.S. Constitution requires that a
census be taken every 10 years for the purpose of
apportioning the U.S. House of Representatives. The
first census of population was taken in 1790.
2010 Census Complete Count Committee Guide
21
Early Local Census Offices (ELCO)
A temporary office opened to conduct early census
operations such as check addresses and develop and
refine the Master Address File for mailing census
questionnaires.
Enumeration
The process of Interviewing people and recording
the information on census forms.
Enumerator
A Census Bureau employee who collects census
Information by Visiting households during census
field operations.
Governmental Unit (GU)
A geographic entity established by iegal action for
the purpose of Implementing speCified general- or
special-purpose governmental functions. Most gov-
ernmental units have legally established boundaries
and names. GU officials (elected or appointed)
have the power to carry out legally prescribed
functions, provide services for the residents, and
raise revenues. To meet Census Bureau criteria,
a government must be an organized entity that,
in addition to having governmental character,
has sufficient discretion in the management of its
own affairs to distinguish it as separate from the
administrative structure of any other governmental
unit. To have governmental character, an entity must
exist as a legally organized entity and have legally
defined responsibilities to its residents.
Hard to Count (HTC)
Groups or populations who have historically
been undercounted and/or traditionally have not
responded well to the decennial census question-
naire, such as ethnic/minority populations, renters,
low-income, etc.
Hard to Enumerate (HTE)
An area for which the environment or population
may present difficulties for enumeration.
Highest Elected Official (HEO)
The elected or appointed person who Is the chief
executive official of a governmental unit and is
most responsible for the governmental activities
of the governmental unit such as the governor of a
state, chair of a county commission, or mayor of an
incorporated place.
Household (HH)
A person or group of people who occupy a housing
unit as their usual place of residence. The number of
households equals the number of occupied housing
units In a census.
Housing Unit (HU)
A house, townhouse, mobile home or trailer,
apartment, group of rooms, or single room that is
occupied as separate living quarters or, If vacant, Is
intended for occupancy as separate living quarters.
Local Census Office (LCO)
A temporary office established to oversee census
operations In a specific area. These operations
include address listing field work, local recruiting,
and visiting living quarters to conduct the
201 0 Census.
MalloutjMailback (MOjMB)
A method of data collection in which the U.S. Postal
Service delivers questionnaires to housing units,
based on geocoded addresses (usually city-style
mailing addresses) recorded in the Census Bureau's
Master Address File. Residents are asked to com-
plete and mall the questionnaires to a specified data
capture center.
Mail Return Rate (MRR)
The total number of households returning a ques-
tionnaire by mall divided by the number of estimated
housing units that received a questionnaire by mail
or from a census enumerator (the only units that
can return a questionnaire). This measure cannot
be finalized until the enumeration Is completed,
and the final number of occupied housing units Is
determined.
Master Address File (MAF)
A Census Bureau computer file of every address
and physical location, Including their geographiC
locations, that will be used to conduct the next
decennial census, as well as some ongoing surveys.
This address file is updated throughout the decade
and Is supplemented by information provided by
tribal, state, and local governments.
Nonresponse (NR)
A housing unit for which the Census Bureau does
not have a completed questionnaire and from which
the Census Bureau did not receive a telephone or
Internet response.
Nonresponse Follow-up (NRFU)
A field operation designed to obtain a completed
interview from households where a questionnaire
was not returned. Enumerators will make personal
visits to these households to obtain completed
interviews. The enumerator will enter respondents'
answers to interview questions or information about
the status of the housing unit (for example, vacant or
nonexistent). If all attempts to contact the residents
of a household are unsuccessful, an enumerator will
obtain as much Information as possible about the
household from a neighbor, building manager, or
another reliable source.
Partner
A partner is a group or individual that commits to
participate In some way with census activities.
22
2010 Census Complete Count Committee Guide
Partnership
An agreement with tribal, state, and local govern-
ments, national organizations, and community
groups (faith-based organizations, businesses,
media, schools, etc.) that allows their active
participation in various census activities.
Partnership Specialist
The Partnership Specialist takes a lead role In
outreach and promotional efforts before and during
census operations. Their main duties are increasing
awareness and outreach in communities and
gaining cooperation and participation from those
communities.
Privacy Act
The Privacy Act of 1974 requires that each federal
agency advise respondents of their rights. Specifi-
cally, every respondent must know under what
law the Information is being collected, how the
information will be used, whether he or she must
answer the questions, and the consequences of not
answering the questions.
Questionnaire Assistance Center (QAC)
A center established by a local census office to
assist people with completing their questionnaires.
For Census 2000, the centers were established In
community centers, large apartment buildings,
churches, and so forth. The centers are staffed by
Census Bureau employees. QAC's are open when
census questionnaires are mailed, about 4 weeks
from mid-March to mid-April 2010.
Regional Census Center (RCC)
One of 12 temporary Census Bureau offices
established to manage census field office and local
census office activities and to conduct geographic
programs and support operations.
Regional Office (RO)
One of 12 permanent Census Bureau offices that
direct and advise local census offices for the
2010 Census. The Regional Office also conducts
one-time and ongoing Census Bureau surveys, such
as the Current Population Survey (CPS), which is used
to publish unemployment figures each month. and
the American Community Survey (ACS), a nationwide
survey designed to obtain Information similar to
long.form data and to provide communities a fresh,
more current look at how they are changing.
Respondent
The person who answers the Census Bureau's
questions about his or her living quarters and Its
occupants. The respondent Is usually the member of
the household who owns or rents the living quarters.
Title 13 (U.S. Code)
The law under which the Census Bureau operates.
This law guarantees the confidentiality of census
information and establishes penalties for disclosing
this Information. It also provides the authorization
for conducting censuses In Puerto Rico and the
Island Areas.
Value Added
Refers to any service or activity provided by partners
that would ordinarily require payment such as room/
space for testing or training, use of staff time, and
use of other business resources.
2010 Census Complete Count Committee Guideh
23
Regional Office Contact List
If You Live Here
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALI FORNIAl
CALlFORNIAI
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO .
ILUNOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY2 .
NEW JERSEy2
NEW MEXICO
NEW YORK3
NEW YORK3
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
Call This Regional Office
Atlanta
Seattle
Denver
Kansas City
Los Angeles
Seattle
Denver
Boston
Philadelphia
Philadelphia
Atlanta
Atlanta
Los Angeles
Seattle .
Chicago
Chicago
Kansas City
Kansas City
Charlotte
Dallas
Boston
Philadelphia
Boston
Detroit.
Kansas City
Dallas .
Kansas City
Denver
Denver
Denver.
Boston
Philadelphia
New York
Denver
Boston
New York
Charlotte
Denver
Detroit
Kansas City
Seattle
Philadelphia
Boston
Charlotte
Denver
Charlotte
Dallas
Denver
Boston
Charlotte
Seattle
Detroit
Chicago
Denver
Phone Number
404-730-3832
206-381-6200
303-264-0202
913-551-6728
818-267-1700
206-381-6200
303-264-0202
61 7-424-4501
215-717-1800
215-717-1800
404-730-3832
...404-730-3832
818-267-1700
. 206~381-6200
630-288-9200
630-288-9200
913-551-6728
913-551-6728
704-424-6400
214-253~4400
617-424-4501
215-717~1800
617-424-4501
313-259~1158
913-551-6728
214-253-44()0
913-551-6728
. 303-264-0202
303-264-0202
303-264-0202..
617-424-4501
215-717-1800
212-584-3400
303-264-0202
617-424-4501
212-584-3400
704-424-6400
303-264-0202
313-259-1158
913-551-6728
206-381-6200
215-717,1800
617-424-4501
. 704-424-6400
303-264-0202
704-424-6400
21 4-253-4400
303-264-0202
617-424-4501
.704-424-6400
206-381-6200
313-259-1158
630-288-9200
303-264-0202
24
2010 Census Complete Count Committee Guide
Regional Office Contact List
Note: For more information, go ro <WWIMunsus.gov.>.
J The Los Angeles Regional Office covers Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa,
Merced, Monterey, Orange, Riverside, San Benito, San Bernardino, San Diego, San Luis Obispo, Santa Barbara,
Tulare, and Ventura counties. The remaining counties are covered by the Seattle Regional Office.
2 The New York Regional Office covers Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Somerset, Sussex,
Union, and Warren counties In New Jersey. The remaining New Jersey counties are covered by the Philadelphia
Regional Office.
3 The New York Regional Office covers Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland,
Suffolk, and Westchester counties. The Boston Regional Office covers the balance of New York State.
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18
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 23. 2009
Requested By: Ron Bottoms
Budl!et
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted: 0
Happy Harbor Purchase Ordinance
Amount Requested:
$1,400,000
Exhibits:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Attached is an Ordinance approving and authorizing an earnest money contract for the purchase
ofthe Happy Harbor property. The purchase price is $1,400,000, which includes the demolition
and clean up ofthe property.
Lots 1, 2, 3, & 4, less N. 5 Ft., Bayshore Block, Bay Shore Park, and Lots 1 thru 6 and
Reserve B, Bay Front Block, and Reserve A, Bayshore Block, Bay Shore Park, all in the City
of La Porte, Harris County, Texas.
Action Required bv Council:
end approval of the purchase of the Happy Harbor property for $1.4 Million.
')
'SI,;:~
Date
a skins
& askins P.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
February 17/ 2009
via email
Mr. Ron Bottoms, City Manager
Mr. John Joerns, Assistant City Manager
Mr. Tim Tietjens, Director of Planning
Mr. Stephen Barr, Director of Parks
Ms. Martha A. Gillett/ City Secretary
Re: Happy Harbor
Dear Folks:
Attached is proposed contract approval ordinance for the City's
purchase of the Happy Harbor property. This should be scheduled
for a Council agenda after the seller's board of trustees approves
the draft earnest money contract.
Yours very truly,
~U)
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net
ORD:IBANCE NO. 2009-j IW
AN ORDINANCB APPROV:IBG AND AUTHORIZING AN BARNBST MONEY CONTRACT
J'OR PURCHASE BY THE CITY OJ' LA PORTE J'ROM TKB ALDERSGATE TRUST, OJ'
THE J'OlUlBR HAPPY HARBOR NURSING HOD PROPERTY AT 1106 BAYSHORE
DRJ:VB IN THE CITY OJ' LA PORTB, HARRIS COUNTY, TBXAS, APPROPRIATING
$1,400,000.00, TO J'UND SAID CONTRACT, NAX:IBG VARIOUS J'INDINGS AND
PROVISIONS RELAT:IBG TO THE SUBJECT, J'J:NDING COKPLJ:AHCB WITH THE
OPEN DETINGS LAW, PROVIDING AN EFJ'ECT:IVB DATE BERBOJ'.
BB IT ORDAINBD BY THB CITY COUNCIL OF THB CITY OF LA PORTB:
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 City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents. City Council ~qrOpriates the sum of
$1,400,000.00 from Fund WI {j)/4 .SlS: f(d ~b~nd said contract.
Section 2. The City coudc! ~fficiam CR~dS, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this )311J day of~t1./1 vi-'
By:
ATTEST:
LfhM1iIl,U, ;jAil
Martha A. Gillett
City Secretary
APPROVED:
~w
Knox W. Askins
City Attorney
, 2009.
CI~ OF LA PORTE
'\ r . ,----------
\ j\: Ll., \~. '/cJ.....
"-~C...... C'~~
Alton E. Porter, Mayor
2
askins
& askins p.c.
ATIORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
March 16, 2009
Hon. Mayor & City Council
Mr. Ron Bottoms, City Manager
Mr. John Joerns, Assistant City Manager
Mr. Clark T. Askins, Assistant City Attorney
Re: Happy Harbor Sale to City of La Porte
Gentlemen:
Attached to this letter is the latest draft of an earnest money
contract between the Aldersgate Trust, which owns the property
formerly occupied by Happy Harbor Nursing Home, as seller, to the
city of La Porte, as buyer.
The Aldersgate Trust Board of Trustees is to meet this week to
approve the contract and initial it, and Mr. Bottoms has requested
that this be placed on executive session and regular meeting agenda
item for the meeting of Monday, March 23, 2009. Please call me, or
Mr. Bottoms, if you have any questions.
Yours very truly,
tJ~M
Knox W. Askins
City Attorney
city of La Porte
KWA: sw
Enclosure
cc: Ms. Martha A. Gillett
City Secretary
702 W. Fairmont Parkway. P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net
----------- --------~
askins
& askins P.c.
ATIORNEYS and COUNSELORS
Knox W. Askins
Oark T. AskIns
March 12, 2009
Ms. Rosebud Caradec
ros.budcadventwaterfrontnronerti.s.com
Re: Happy Harbor Sale to city of La Porte
Dear Ms. Caradec:
I have revised the proposed unimproved property Commercial
contract, and Exhibit "A" to the Contract, following our telephone
conference this morning.
If these revisions are satisfactory, please have your client
present this Contract to its Board of Directors, for approval; have
the Contract initialed but not signed by the Seller; and forward
back to me as soon as possible, so we can place the Contract on the
La Porte city council agenda for its meeting of Monday, March 23,
2009.
please call me if you have any questions.
Yours very truly,
~?:!s
City Attorney
City of La Porte
KWA: sw
Enclosure
cc : via email
Mr. Ron Bottoms, City Manager
Mr. John Joerns, Assistant City Manager
Mr. Clark T. Askins, Assistant City Attorney
(PLEAS. RESPOND TOJ knoxaskinsacomcast.net)
702 W. Fa1rmont parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 (ax. knoxasldns@comcast.net . ctaskinS@swbe1l.net
.-
~~
TEXAS AsSOCIATION Of REALTORS"
UNIMPROVED PROPERTY COMMERCIAL CONTRACT
USE O~ THIS FOAM BY PERSONS WHO AIlE NOT MEMBEl'II OF THE TEXAS ,\SSOC:IAnOH OP IlEAL T~ IS NCJ1" AUTHORIZED.
.,-._ _111_ '" I\UlLTOIIM.1nc. ,",
The ~ldersqate Trust
(Seller) agrees to sell and convey to City of 'La Porte, a mun1c1pal
corpora tion (Buyer) and Buyer agrees to buy tram Seller the Property described below.
1. PARTIES:
2. PROPERTY:
A. The property sold by this cenlrad is called Ihe .Property." The Propertj' is that real property situaled in the City
of La Porte, Harris County,Texasal 1106 Bayshore Drive
(address) that is legally described as rollows; (identify exhibit if described by attachment.)
Lots 1, 2, 3, & 4, less N. 5 Ft., Bayshore Block, Bay
Shore Park, and Lots 1 thru 6 and Reserve B, Bay Front
Block, and Reserve A, Bayshore Block, Bay Shore Park, all
in the city of La Porte, Harris County, Texas.
B. The Property Is sold togelher with:
(1) all rights. privileges. and appurtenances pertaining to the Property, Including Seller's righI, litle. and interest in any
mlnet81s. utilities, adjacent streets, alleys, strips, gores, and rights-of.way:
(2) Seller's Interest in all leases, rents. and security deposits for all or part of the PropertYi and
(3) Seller's Interest in all licenses and pennlts related 10 the Property.
(D#lscn'be B/lY exceptions, reservations, or restrictions in Paragraph 11 or an 4ddendum.)
3. SALES PRICE:
A. AI or belore closing, Buyer will pay the following sales price lor the Property:
(1) Cash portion payable by Buyer at closing. .. .. . . .. . . .. . .. . . . . . . .. . . . .. . . . . . . . . . . . .. $ 1, 400 , 000 . 00
(2) Sum of an Ilnancing described in Paragraph 4 . . . . . . . . . , . . . 0 . . . . . . . 0 . . . . . . . . . . . . 0 . .. $ 0 " 0 0
(3) Sales price (sum of 3A(1) and 3A(2)) . . .. . . . .. . . . . . .. 0 0 . . . .. . , .. .. .. . . . . .. 0 . . .. ... $ 1, 400 , 000 " 00
B. Adiustment to Sales Price: (Check (1) or (2) only.)
ex (1) The sales price will not be adjus!ed based on a survey.
a (2) The sales price will be adjusted based on Ihe latest survey obtained under Paragraph 6B.
(a) The sales price is calculated on the basis or $
a 0) square foot of a total area a net area.
a (II) acre 01 a total area a net area.
per:
(b) "'0181 area" means all land area within the perimeter boundaries oflhe Property. "Nel area" means total area less any
area 01 lhe Property within:
a (i) public roadways:
o (n) rights-ol-way and easements other than those ltlal directly provide utilily services 10 lhe Property; and
o (iiI)
I/O.
Initialed lor Identification by Buye~_ and Seller R<1.s,_
TAR, P.O. Box 2246, Austin. TX 78768-2246
Page 1 of 9
(TAR-1802) 11-5-99
Commercial Unimproved Contract Concerning
1106 Bayshore Drive, ~a porte, TX
(c) II the sales price is adjusted by more than 10"/. 01 the slated sales price, either party may terminate this contract by
providing wrilien-nolice 10 the other party wilhin _ days aller Ihe terminating party receives the survey. II neither
party terminates this contract or il the variance Is 10% or less, the adjustment to the sales price will be made 10 the
cash ponlon of the sales price payable by Buyer.
4. FINANCING: Buyer willlinance the portion 01 the sales price under Paragraph 3B as follows: (Check all that apply.)
Q A. Third Party Financina: A third party note(s) in the total amount 01 S
. This contract:
Q (1) is l1Q1 contingent upon Buyer oblaining third party linancing.
Q (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Financing Addendum.
Q B. ~sumolion: In accordance with the attached Financing Addendum, Buyer will assume the unpaid principal balance or the first
lien promissory note, which balance at closing will be $
Q C. Seller Financina: The delivery 01 a promissory note and deed of trust trom Buyer to Seller under the terms of the attached
Financing Addendum in the amount 01 $
5. EARNEST MONEY: Nollater than 3 days after the effective date, Buyer must deposit $ 50 , 000 . 00 as earnest money
with American Title Company (escrow agent) at
5003 C;;lle'1e Park, Deer Park, Texas 77536 (escrow agent's address).
If Buyer fails to timely deposit the earnest money, Seller may lerminate this contract by providing written nolice to Buyer before
Buyer deposits the earnest money. Buyer may instruct the escrow agent to deposit the earnesl money in an interesl-bearing
account at a lederally insured financial inslilulion and to credit any interest to Buyer.
6. TITLE POLICY AND SURVEY:
A. Title Policv:
(1) Seller, at Seller's expense, will lurnish Buyer an Owner's Polil.Y 01 Title Insurance (the title policy) issued by
AmericanTi tIe Company (the title company) in the amount ollhe sales price. daled at or alter
closing, insuring Buyer against loss under the tille poficy, subject only to:
(a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and
(b) the standard printed exceptions contained in the promulgated form 01 litle policy unless this contract provides
otherwise.
(2) The standard printed exception as to area boundaries: (Check (a) or (b) only.)
Q (a) will not be deleted from the titie policy.
a (b) will be deleted from the tille policy at the expense of Q Buyer a SeUer.
(3) Buyer may object to any restrictive covenants on the Property within the time reqUired under Paragraph 6C.
(4) Within -1Q... days after the elleclive date, Seller will furnish Buyer a commitment lor tiUe insurance (the commitment)
including legible copies of recorded documents evidencing title exceptions. Seller authorizes the tille company to deliver
the commitment and related documents to Buyer at Buyer's address.
B. Survev: J 0 f...6 ~
(1) Within ~ days after the effective date: (Check all thai apply.)
'JA (a) Buyer will obtain a survey ollhe Property at Buyer's expense and deliver a copy 01 the survey to Seller.
_ (b) Seller, at Seller's expense. willlumish Buyer a survey 01 the Property dated after the effective date.
Q (e) Seller will derIVer a true and correct copy of Seller's existing survey 01 the Property dated
Seller, at Seller's expense:
a (i) willhavetheexistingsurveyrecertifiedonadatenotearlierthan l!ia~e af this BSRt:Fa8~
Q (ii) will not have the existing survey recertified.
(TAR-1802) 11-5-99
Initialed lorldenlilicalion by Buye~. _ and Seuer~ct'S:_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 2 01 9
Commercial Unimproved Contract Concerning
1106 Bayshore Drive, La Porte, TX
(2) The survey required under Paragraph 6B(1) must be made by a Registered Professional Land Surveyor acceptable to the
title company. The survey must:
(a) idenllfy the Property by metes and bounds or plaited lot description;
(b) show that the survey was made and staked on the ground with comers permanently marked;
(c) set lorth the dimensions and total area of the Property;
(d) show the location 01 all improvements. highways, streets. roads, railroads, rivers, creeks or other waterways. lences,
easements. and rights-ol-way on the Property wllh all easements and rights-ol-way relerenced to their recording
information;
(e) show any discrepancies or connlctS in boundaries, any visible encroachments, and any portion 01 the Property lying
within the 100-year nood plain as shown on the current Federal Emergency Management Agency map; and
(f) contain the surveyor's certificate that the survey is true and correct.
C. Buver's Obiectlons 10 the Commitment and Survey:
(1) Within 2..Q.... days after Buyer receives all of the items required in Paragraphs SA and 6B (the commitment. copies 01 the
documents evidencing the title exceptions. and survey), Buyer may object in writing to matters disclosed in the items il:
(a) the mailers disclosed constitute a delect or encumbrance to tille other than those permitted by this contract or liens
that Seller will satisfy at closing or Buyer will assume at closing; or
(b) the items show that any part of the Property lies in a 100-year flood plain.
(2) Seller may, but is not obligated la, cure Buyer's timely objections within 20 days alter Selier receives the objections. The
closing date will be extended as necessary to cure the objections. II Seller [ails to cure the objections by the time
required, Buyer may terminate this contract by providing written notice to Seller within 5 days aller the time by which
Seller must cure the Objections. If Buyer terminates.. the eamest money, less the independent consideration paid for
Buyer's righlto lerminale under Paragraph 78(3), will be refunded to Buyer.
(3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except thai
Buyer will not waive the requirements. In Schedule C 01 the commllment.
7. PROPERTY CONDITION: (Check A or B only.)
~ A. Present Condition: (Check (1) or (2) only.)
D (1) Buyer accepts the Property in its present 'as-is. condition.
[X (2) Buyer accepts tre propt...rtv In.its presqpt ypnclltion except that Seller, at Seller's expense. will complete the following
b~o~~o~n~ See B~n1b1t A attached hereto and made
a Dart hereof.
~ B. Feasibilitv Period and Riohlto Terminale:
(1) Delivery 01 Prooertv Information: Within 1 0 days after the eflective date. Seller will deliver to Buyer the following
items to the extent that the ilems are in SeUer's possession or are readily available to Seller. Any item not delivered is
deemed not to be In Seller's possession or readily avanable to SeUer. The items Seller will deliver are:
(a) copies of all current leases pertaining to the Property, including any modifications, supplements. or amendments to
the leases;
(b) copies of all notes and deeds of trust againstlhe Property that Buyer will assume or that Seller will not pay in full on
or before closing;
(c) copies of all previous environmental assessments. studies, or analyses made on or relating to the Property;
(d) property tax statements for lhe Property lor the previous 2 calendar years; and
(e)
(2) Inspections. Studies. or Assessments:
(a) Within 30 days Ufer the effective date. Buyer, at Buyer's expense, may complete or cause to be completed
inspections, studies. or assessments of the Property. Inspections. studies, or assessments may include, but are not
limited to:
(I) physical property Inspections;
(IQ economic feasibility studies;
(iii) environmental assessments; and
(Iv) engineering sludies.
*subject to the provisions of Exhibit "A" attached
hereto.
Initialed for identifICation by BUyerC2a.... _ and selle,gt'S._
(TAR-1B02) 11.5-99 TAR. P.O. BOX224~~. TX 78768-2246 Page 3 01 9
Commercial Unimproved Contract Concerning
1106 Bayshore Drive, ~a porte, TX
(b) In connection wllh Buyer's inspections. studi~s, and assessments, Buyer must:
(I) employ only trained and qualified inspectors and assessors;
(iQ notify Seller, in advance, of when the Inspectors or assessors will be on the Property:
(iil) abide by any reasonable entry rules or requirements thai Seller may require;
[IV) not Interfere with existing operations or occupants of the Property; and
(v) restore the Property to its original condition if aUered due 10 inspections. studies, or assessments that Buyer
completes or causes to be completed.
(c) Except lor Ihose matters that arise from the negligence of Seller or Seller's agents. Buyer is responsible for any
claim. liabiDty, encumbrance, cause of action. and expense resulting from Buyer's inspections. studies, or
assessments, Including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend
Seller and Seller's agents against any claim involving a matter for which Buyer Is responsible under this paragraph.
see Exhibit "A" attached hereto 30
(3) Riaht 10 Terminate: /duyer may terminate this contract for any reason within days after the effective dale by
providing Seller with written notice of lermination. If Buyer terminates, the earnest money will be refunded 10 Buyer less
$ 2, 000 that Seller will retain as independent consideration for Buyer's right to terminate under this paragraph. The
independent consideration is to be credited 10 lhe sales price only upon closing of the sale. Buyer has tendered the
Independent consideration to Seller upon payment of lhe full amount specified in Paragraph 5 to the escrow agen!. If
Buyer does not terminate within the lime required. Buyer accepts the Property in its present condlllon.
(4) Retum of ProDertv Information: If thfs contract terminates lor any reason, Buyer will, not later than 10 days aller lhe
termination dale: (a) retum to Seller all those ilems described in Paragraph 7B(1) that Seller delivered to Buyer and all
copies thaI Buyer made of those items; and (b) deliver copies of all inspection and assessment reports (excluding
economic feasibility sludies) related to the Property that Buyer completed or caused to be compleled. This Paragraph
7B(4) survives termination.
(5) Contracts Affeclina ODerations: Aller Buyer's right to tenninate under 7B(3) expires, Seller may not enter into, amend, or
terminale any other contract thai affects the operations of the Property without Buyer's prior written approval. .
a. BROKERS:
A. 'The brokers to Ihis sale are:
Rosebud ~. Caradec, Advent Waterfront Properties, mhc. 0383139
Usting Broker XlRJ:OXlllio. ialtl~GC License No.
tisllng Broker: il~~~
aI represents Seller.
(3 acts as an intermediary between Seller and Buyer.
8. Fees: (Check (1) or (2) only.)
as: (1) Seller will pay Usling Broker the fee specified by separate written commission agreement between Listing Broker and
Seller. Listing Broker will pay Other Broker the fee specified in the Agreement Between Brokers found below the parties'
signatures to this contract.
D (2) At closing. Seller will pay:
Listing Broker a total cash lee of:
D _ % of the sales price.
D
Other Broker a total cash fee 01:
D _ % of the sales price.
D
The cash fees will be paid in
brokers (rom the Seller's proceeds at closing.
NOTICE: Chapter 62, Texas Property Code, authorizes a broker 10 secure an earned commission with a lien agafnsllhe
Property.
County, Texas. Seller authorizes escrow agent to pay the
C. The parties may not amend this Paragraph 8 without the written consent of the brokers affected by the amendment.
9. CLOSING:
A. Th~ closing of the sale will be on or before see Exhibit "A." attached or within 7 days aller
objections to title have been cured, whichever dale Is later (the closing date). If either party fails to close by the closing date.
the non-aefaulting party may exercise the remedies in Paragraph 15.
(TAR-1802) 11.5-99
Inillaled for Identification by Buyer On , and Seller f!..tr..- -:s;- _
TAR, P.O. Box 2246~B768-2246
Page40f9
~1Y.
-
1106 Bayshore Drive, La porte, TX
Commercial Unimproved Contract Conceming
B. At closing, Saller will. dellwr, at Sellers-expense, a ~ general Q special warranty deed. :m-lil(1Jeed must include a vendor's
lien II any part of the sales price is financed. The deed must convey good and indefeasible UlIe 10 the Property and show no
exceptions other than those permitted under Paragraph e or other provisions 01 Ihis contract. Seller must convey the Property
at closing:
(1) with no liens, assessments. or other security interests against the Property which will not be satisfied out of the sales price
unless securing loans Buyer assumes;
(2) without any assumed loans in default; and
(3) with no persons In possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants
under the writlen leases assigned to Buyer under this conlract.
C. At cioslng, SeUer, al Seller's expense, will also deliver:
(1) tax statements showing no delinquent \aXes on the Property;
(2) an asslgnment of all leases to or on. the Property; .
(3) to the extent assfgnable. an assignment to Buyer of any licenses and permits related to the Property;
(4) evidence that the person executing this cont[act is legally capable and authorized to bind Seller, and
(5) any notices, statements, cert!fieates, or olher documents required by Ihis conlract or iaw necessary to convey the
Property, all of which must be completed by Seller as necessary.
D. AI closing, BuyerwiU:
(1) pay the sales price in good funds acceptable to the escrow agent;
(2) deliver'evldence that the person executing thIs contract is legally capable and au1horized 10 bind Buyer; and
(3) execute and deliver any notices, statements, certificates, or ottier documents required by Ihis contract or law necessary to
dose the sale.
E. Unless Ihe parties agree otherwise, Ihe closing documenls Will be as found in lhe basic forms In the current,ediUon of the Slate
Bar of Texas Real Estate Forms Manual without any addillonal clauses.
10. POSSESStON: Seller will deliver possession of the Property to Buyer on upon c 105 i ng
, In its present or required repaired cendiUon, ordinary wear and tear excepted. UntD closing'.\Seller will operate
the'P.roperty in the same manner as on the erreCtivedale. Any possession by Buyer befor~ closing or by Seller.'afler closing thai is
nol atJthorlzed by a separa1e written lease agreement is a landlord-lenant at sufferance relationship between the-partles.
11. SPECIAL PROVISJONS~ (Identify exhibit if special provisions are contained In an attachment.)
See Ex.hibit "A" attached hereto, incorporated by reference
herein and made a part hereof for all~purposes.
(TAR-1802) 11-5-99
Initialed for ldenUrica1lon by Buyer Oa.- and Seller 1~ ti~_
TAR, P.O. BoX2246~rf.Ix7B768-2246
Page 50f9
-
1106 8ayshore Drive, ~a porte, TX
Commercial Unimproved Contract Concerning
12. SALES EXPENSES:
_0':"*.':'1":-
A. Seller's Exoenses: Seller will pay lor the following in cash at or belore closing:
(1) releases of exisllng liens. other than those liens assumed by Buyer, including prepayment penalties and recording lees;
(2) release 01 Seller's loan liabiUty. Ii applicable;
(3) tax statements or certificates;
(4) preparation ot the deed;'
(5) one-half 01 any escrow fee;
(6) costs to record any documents to cure lille objections that Seller must eure; and
(7) other expenses that Seller win pay under other provisions olthis contract.
B. Bwer's Ellpenses: Buyer will pay lor the following in cash at or before closing:
(1) all lean fees or expenses (lor e)C8mple, application fees, origination fees, discount lees, appraisal lees, assumption fees,
recording fees, tall service lees, mortgagee title policy expenses, credit report lees, document preparation lees, inlerest
expense that Buyer's lender requires Buyer to pay at closing, and other fees required by Buyer's lender);
(2.) preparation 01 any deed 01 trust;
(3) recording lees lor the deed and any deed of trust;
(4) premiums for flood insurence as may be required by Buyer's lender;
(5) one-half at any escrow fee;
(6) copy and delivery lees for delivery of the IIUe commitment and related documents; and
(7) olher expenses that Buyer win pay under other provisions of th~ contract.
13. PRORATIONS, ROLLBACK-TAXES, RENT, AND DEPOSITS:
A. Prorations: ;
(1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated lhrougllthe
closing dale.
(2) It the amount of ad valorem talles lor Ihe year in which the sale closes is not available on the closing: date, taxes will be
prorated on the basis of taxes assessed in the previous year. If the talleS lor the year In which the sara closes vary Irom
the amount prorated at ctosing, the parties will adjust the prorations when the tall statements for the year In which the sale
closes become avaDable. This Paragl!lph 13A(2) survives closing. .
fS) If Buyer asSumes a loan or is taking the Property subjecl10 an existing lien, Seller wilf transfer all reserve deposits held by
100 lender for the paymenl of taxes, Inwranc;e p'r~~luin;s, 1;md. Qther charges to Buyer at closing and Stlyer will reimburse
sucli amounts to Seller by an al?Propriate adjustment at closing.
B, :F.Wllback Taxes:
'(iI~ If Seller changes the use of the Property before closing or If a denial of a special valuation on the' Property claimed by
Seller results In the assessment of additional taxes, penallles, or Interest (assessments) lor periods before dosing, the
assessments win be the obligation of 0 Seller 0 Buyer. This Paragraph 13B(1) survives closing.
(2) If this sale or Buyer's use 01 the Property after closing results in additionaf assessments for periods belore closing. the
assessments wiU be the o))ligalion of 0 selierO Buyer. ThI$ Paragraph 13B(2) survives closing.
C. Rent and Security Deoosits: At closing, SeDer wiil tender 10 Buyer aD security deposits and the following advance payments
recel~ed by SeUer for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by
tenants. Rents prorated to one party but received by the other party will be remItted by the recipient to the party to whom it was
. prorated within 5 days alter the rent is received. This Paragraph 13C survi\o"8S.closing.
14. CONDEMNATION: It before closing, condemnation proceedings are commenced against any part of the Property, Buyer may:
A. terminate this contract by proViding written notice to Seller within 15 days after Buyer is advised 01 the condemnation
proceedings and the earnest money, less the independent conslderaUon paid lor Buyer's right to terminate under Paragraph
7B(3), will be relunded to Buyer; or .
B. appear. and defend in the condemnation proceedings and any award will, at Buyer's election, belong to:
(1) SeHer and the sales price will be reduced by the same amount; or
(2) Buyer and the sales price wlU not be re~uced,
15. DEFAULT:
A. If Buyer fails to comply with this contract, Buyer is in default and Seller may:
(1) enlorce $peciflc performance, or seek other reliel as may be provided by law, or both; or
(2) terminate this contract and receive the earnest money as liquidated .cfamages, thereby releasing the parties from this
contract.
(TAR-1802) 11-5-99
Inllial~d for Idenllncalion by Buyer ~and Seller(?ri. :5._
TAR, P.O. BOll 2246,Austln, TX78768-2246
Page 6 of 9
-
COmmercial Unimproved Contract Concerning
1106 Bayshore Drive, La Porte, TX
B. If, withou1otiW!t. Seller is unable wUhln the time allowed 10 deliver the commitment, Buyer may:
(1) terminate this conlfact and receive the eamost money. less the independent consideration paid lor Buyer's right to
terminate under Paragraph 78(3), as the sole remedy; or
(2) extend the time lor periormance up to 15 days and the closing wnJ be extended as necessary.
:.r>~'>j$
C. Except as provided in Paragraph 158, il Seller fails to comply with this contract, Seller Is in delault and Buyer may:
(1) enlorce specillc performance. or seek such other relie! as may be provided by law, or both; or
(2) terminate this contract and receive the earnest money, less Ihe independent consideration paid for Buyer's right 10
terminate under Paragraph 7B(3), as liquidated damages, thereby releasing the parties from this contract.
16. ATTORNEY'S FEES: If Buyer, Seller, any broker, or any escrow agent is a prevailing party in any legal proceeding brought under
or wllh relation to this contract or this transaction. such party Is enUUed to recover kom the non-prevailing parties all costs of such
proceeding and reasonable anomey's lees. This Paragraph 16 SUlVives closing.
17. ESCROW:
A. At closIng. the eames! money must be applied first to any cash down payment. then to Buyer's closing costs, and any excess
will be refunded to Buyer.
B. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred
,on behalf 01 the parties and a written release of Dabimy of escrow agentlrom all parties.
C. If one party makes written demand for the earnest money, escrow agent will give notice of the demand by providing to the
other party a copy of the demand. If escroW agent does not receive written objection to the demand from the olher party within
30 days after the 'dale escrow agent sent the demand to llie, other party, escrow agent may disburse the e&mest money to the
party making demand, reduced by the amount of unpaid exPenses incurred on behalf of the party receiving the earnest money
and escrow agent may pay the same to the creditors.
D. ,;Escrow agent will deduct the independent consideration paid ror Buyer's right to lerminate under Pa~raph 7B(3) before
xjisbursing any earnest money to Buyer ana will pay the independent consideration 1.0 Seller.
E. '1 escrow agent complies with this Paragraph 17, each party hereby releases escrow agent from all claims related to the
.disbursal-ol the earnest money.
F. ,:Notlces under this Paragraph 17 must be sent by certified mall, return receipt requested. Notices to escrow.'agent are effective
<upon receipt by escrow agent.
~
18.. MAIfERIAL FACTS:
A. To lhe best of Seller's knowledge and belief: (Check (1) or (2) only.)
]0 (1) Seller is not aware of any material derects to the Property~lOlIlli<lllC~llC.at1tiIct1er.t:~~~
o (2) Seller is not aware of any of the following, excepl as described otherwise in this contract:
(a) any material physical defects to the Propertr, ,
(b) any pending or ~reatened litigation, condemnation. or assessment affecting the Property;
(c) any environmental hazards or conditions that affect the Properly;
(d) whether the Property Is or has ever been used lor the storage or disposal of hazardous materials or toxic waste, a
dump site or landfill, or any underground tanks or containers;
(e) whether radon, asbestos Insulation or fireproofing, urea-formaldehyde foam insulation. lead-based paint. or other
pollutants or contaminants of any nature now exist or have ever existed on the Property;
(I) whether wetlands, as defined by federal or state law or regulation, are on the Property; and
(g) whether threatened or endangered species or thetr habitat are on the Property.
(DescrIbe any exceptions to (a)-(g) in Paragraph 11 or an addendum.)
B. Each written lease Sener is 10 furnish to Buyer undarthis contract must be in fun force and effect accorCU1g to its terms without
amendment or modification thaI is not disclosed 10 Buyer in writing. Sener must cIIsclose. in writing, to Buy~r if any oflhe
rollowing exist at the time Seller provides the leases to Buyer or subsequently occur berore closing:
(1) any modifications. amendments, or default by landlord or tenant under the leases:
(2) any failure by Seller 10 comply with Seller's obligations under the leases;
(3) any circumstances under the lease that enlitle the tenant 10 Ieuninate the lease or seek any offsets or damages:
(4) any non-occupancy or the leased premises by a lenant: '
(TAR-1802) 11-5-99
.....,."" Id~ur"""",by ._~'""s.," f't ~_
TAR. P.O. Box 2246. Ausnn, TX78768-2246
Page 7 of 9
.-
Commercial Unimproved Contract Concerning
1106 Bayshore Drive, ~a Porte, TX
, .: . (5) any advance sums paid by a tenant under the lease; ,. .j. .1
(6) any concessions, bonuses, (ree rents, rebates, brokerage commissions. or olher mallers that allecl any lease; and
(7) any amounts payable under the leases that have been assigned or encumbered, except as security lor 10an(lI) assumed
or taken subject to under this contract.
19. NOTICES: All notices between the parties under this contract must be in writing and are elfective when hand-delivered, mailed by
certified mail return receipt requested, or sent by facsimile transmission to:
Buyer at Knox W. Askins
P.o. BOX 1218
~R Pi~ief IX 77572-"1A
Phone 1 . . 8 6 Phone
F~ 281.471.2047 Fax
20. ~no'!hlL fAJ?~~:O/rge'1\ir~8.r-ro~gn person" as defined by applicable law, or if Seller (ails to deliver at closing
an affidavit that Seller Is not a loreign person, then Buyer will withhold from the sales proceeds at closing any amount sullicient to
comply with applicable w law and deliver the amount withheld to the tntemal Revenue Service (IRS), together with appropriate lax
forms. IRS regulations requite filing wrillen reports if cash In excess of specified amo!Jnls is received In the transaction.
Seller at
Brad stewart
The ~ldersqate Trust
2202 Timberloch pl.. step
S~rinq, ~x 77~AO-1177
~8l:~~~:el~8 _
200
21. DISPUTE RESOLUTION: The parties agree to negoUate il'! goo~ faith in an effort to resolve any dispute related to this contract
that may arise. If the dispute caMot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to
arbitration or litigation and wRl equally share the costs of a mutually acceptable mediator.
22. AGREEMENT OF THE PARTIES:
A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitled assigns.
B. This contrad is to be construed in accordance with the laws of the Slate of Texas.
C. . . This contract contains the entire agreement 'of the parties and may nol be changed except by. writlen agreement
D. If 'this conlract is executed in a number of identical counterparts, eac~ counterpart Is an original and-all counlerparts,
eellectively; constitule one agreement.
E: Buyer 0 may Oanay not assign this contract. If Buyer assigns this contract, Buyer will be relieved or. any future liability
. . UT:lder this contracl only if the assignee assumes, in writing, all obligations and Iiabifity of Buyer under this cOT-ltract.
...
F. A'Odenda which are part of this contract are: (Check an that apply.)
o (1) Property Descriplion Exhibit identified In Paragraph 2;
o (2) Rnancing Addendum;
o (3) Commercial Property Condltlon ,statement;
o (4) Notice to Purchaser of Real Property in a Water Dislrict;
:>gc (5) Addendum lor Coastal Area Property;
o (6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and
JOe (7) Exhibit "A"
23. TIME: TIme Is of the essence In this contract. The parties require strict compliance with the times for performance. If the last day
to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the lime for performance is extended
until the next day which Is not a Salurday, Sunday, or legal h06day.
24. EFFECTIVE DATE: The effective date of this contract lor the purpose of performance of all obligations is the date the escrow
agent receipts this contract after all parties execute this contract
25. ADDmONAL NOTICES:
A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection. or Buyer should be
fumlshed with or obtain a Iille pancy.
B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or lIood control
lacUities and services. Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating
to the tlpC rate, bonded indebtedness, or standby lees of the district before linal execution of this contract.
(TAR.1802) 11-5-99
"''''..,,, IdontiflcO!o, by """'() ~ '"" ......6:f5._
TAR, P.O. BoX22~~\;:t-8768-2246
Page 8 of 9
-
cOmtnllldll Unimprowd Conlracl c:onc:.tllinQ 11 06 llaxsh9~ 'Dd ve, t.a Porte, TX
c. U Ihe p~rty adjcifna or iMtu I ~ llO\ndil'f Wlllllli. *'-'11 /nlIu1nC<<l sublt1lllg4ld IIIld1 01 Ill. a&ala, 133.135 oIl/t.
Tau Natural ~.. Code reqr.i.... al10llce ~ coataI .... property lei be n:lud.t u part of \hit corcracl
O. I( 1M PnIpelty I. ~d ...WIIIS 0I11~ GuN ~III waccwav, 541.025, T.xa. Nlllun11 Rllourc,. Cod', rtquit.. ..
noIce ~ lM uaw.rd Ioc:*lIorI 01 \he Prop.rly \0 be Incllud.d .. part of tH. conltaCL
E. 111M ~ la IocIted Outside \h. limI\$ 01 & ~y, Iht PJOI)tl1y may now or Ialar bl Included In liI. uttaol.nQorlal
)udIdlcllon (ETJ) 01 . muNr:IpIIlIy and mar now or letar '" IVbfect 10 MlNQl/on by lhI InlII1Idpalty. EICIJ munlalpallty
mUtt" a map IfIIlI ~ Its bCUldadlS and ETJ. To detanftlnlll the Prop.fly IIloc:a1ed wRhln a munlc:lpally', ETJ, Buy.t
IhauId conllcl ell mla'llclpalllllllocale!J ..till VIII8III ~ alIM PRlPfrtr ror lurt/tar /nIo(mellon.
F. ~.. nal ~ 10 pelform property ~ons, liUMIYI, Il9nIIMg .WH, lIIWfrcm\enlllllS8SllMl\llI. at
InfpecIfona 10 If.llmine c:~ wlb zcring; ~ reg\IIalIDnf. or laws. eu,w 8hodd letle Illp'lU 10 perform
l\ll:h....... Seldon oIllll1PlCto,. and repalrm.n Is lhII raponsiOllty of Suylr -.1d not lb. btolw.,
28. CONTRACT AS OFFER: The uec:utIan oIllU ~Iratl by the lIl1t party I:llIIsl1tuIes en oflar to buy or Ielllhl Propet\y. Unless
lb. od1It part)' accapll by S:OO Pm.. In lhIIllme mil' In which the Pn:lpllty Is bcaIacl, on .
IhI ollet wIIl1.pse and become nUl aIld void.
.
lhIa .. .18gaIy blltcllns conlnlot. READ rr CAJ'WIULL Y. Th. bro~ .nlt ag.nbl In_ no repra.l\llltlon or r'ClOmmanclallon
.. to 1M ..... _melenoy, Ilpl .rfeoi, or IaIt ooncequenou of tbIa 40fJument or tnNaoUon. CONSUL't your attomey
BEFORE afgnln;. .
Suylt'&
A1t0lTlllf
S...,-.
A'1omey
l'lIB It.D'BRSC~l'E TRUST
~,,~~
~utbor1z.d Off1cer
~on Jennett e.
AGREEMEHT BETWEEN BAQ1tERS 'PJI'edae'f\t $l.r-4 C1!I8 ..
UUng a....IIG_1o par ScA:-~ l~~t:;."
. '" of S . or _ 'Yo 01 N AIel pricl whll\ lhI UIItlng Broklr'. ,.. iI.rlCll"td. Escrow agent is
III.Ilholb:ad II\d cftnCed ID pay Olh... Brokw 110m UaIIn,g BIoker'. ,.. a/ msI.. ,.,. Agraemenl BelWHn Broken ~raed.. any
pdor all.. IInd agrltll'l8nt1 'or cornpGnSaIIoa betwIeIl bIOt.fI.
SUp/'
Stllllr
BuyV
SIlIIr
i
OlhIr 8toMr
UC8nI. No.
Ucln.. No.
er:
Us1/fIlJ 8foker
By:
Usling 8Rlkef. Addtua
~
Fu
0Ittr BroIcI(s ~
Phone
Fu
&:row Igcrt ac:knawfldgu recelpl of:
a A. IhI conC/1lCl on U1is day
o 8. ......t money In Iha II'llClUnt of $
eSCROW RI!C&lPT
In lhI form of
(.n~ dlUl):
on IhII day
Addrea:
Eacrow Agent
By:
PIlDM
'u
rrAR.tI02111-S-iI
TAR, P.o. BaI2Z4', ~lli'l. TX 7878H24I.
Page a 0
J.).OS.f4
Qr
-===
~ lIYnD tIXAJ UAl.JISt'A.UCX>>oOG~(TUCl
l,o.IlOX W'" A.V:ITllf. 'DC7I7U..2l11
ADDEND'OMlfOll
COASTAL ABEA:PROPERTY
ADDENDUM TO BABNBsTMONEY CON'IRACI' BBrWlmN nm UNDBRSIGNBl> PARTIES
CONCBlOONO TS:B PltO'PBlU'Y AT
1'06 Bavhsore Drive. La Porte. ~ex~s'
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JNA.CCOlU)ANCBWlTB81CI'ION33.~ TEXAS NATURAL USOmCBS CODE, TBE FOLLOWING
NO'rICEIS JNQ;ODlm Ml'~OJ'1.D COMTRAcr:
NOTICKlUWAltDING CO.ASTAL AlUtA PROPlm'I'Y
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01A TRECNo.J3..Q
BXlIIBIT "A"
(page 1 of 2)
TO AN UNIMPROVED PROPERTY COMMERCIAL CONTRACT
BETWEEN THE ALDERSGATE TRUST, AS SELLER,
AND
THE CITY OF LA PORTE, A MUNICIPAL CORPORATION, AS BUYER
Anything to the contrary contained in the Unimproved Property
commercial Contract, to which this Exhibit nAn is attached,
notwithstanding, the parties agree as follows:
Seller shall, upon execution of the Contract, furnish Buyer with a
copy of any appraisals of the property, and any environmental
studies of the property.
The subject property is now improved with buildings from a former
nursing home facility. As a condition of closing, Seller, at
Seller's sole cost and expense, shall remove all of the
improvements from the surface, and subsurface, of the subj ect
property, with such work to be performed by a competent contractor,
with all necessary permits from the City of La Porte, and dispose
of the debris in sanitary landfill (B) licensed to receive such
debriB.
Seller shall commence such demolition within thirty (30) days from
the effective date of this Contract, and pursue such demolition to
completion in an expeditious manner. Upon completion of demolition
and removal of all debris, the property shall be leveled and left
nrake clean".
Seller's demolition contractor shall be responsible for
coordination with Seller's asbestos consultant. Seller's
contractor shall perform asbestos abatement in accordance with
Texas Department of State Health Services (DSHS) regulations.
Seller's asbestos consultant shall be responsible for completion of
the required State Notification form and payment of appropriate
feels) when the abatement contractor is selected by the Seller.
The aBbestos consultant shall be responsible for the Design and
Project Oversight in accordance with DSHS regulations. Upon
completion, Seller shall provide Buyer with a copy of the asbestos
consultant's written report confirming the abatement was performed
in compliance with applicable DSHS regulations governing building
demolition and asbestos abatement.
During the course of such demolition and removal, Buyer shall be
allowed to enter upon the property from time to time, and conduct
inspections, studies, or assessments, as provided for in Paragraph
7(B) (2), hereof. Buyer shall provide copies of reportB of such
inspections, studies, or assessments, to Seller, and Seller shall
remediate any environmental hazards.
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KXlIIBIT RAw
(page 2 of 2)
This sale shall close within 30 days of Seller's performance of the
following matters:
1. Seller shall furnish Buyer with a copy of the asbestos
consultant's written report;
2. Seller shall remediate any environmental hazards which may be
discovered during the demolition process by Seller's, or by
Buyer's, inspections, studies, or assessments.
3. Seller shall furnish Buyer with a copy of the final approval
of the demolition by the city of La Porte Inspection
Department. Seller shall leave the property "rake clean".
~
~4,~
~
lI:XlIIBIT -A-
(page 1 of 2)
TO AN UNIMPROVED PROPERTY COMMERCIAL CONTRACT
BETWEEN THE ALDERSGATE TRUST, AS SELLER,
AND
THE CITY OF LA PORTE, A MUNICIPAL CORPORATION, AS BUYER
Anything to the contrary contained in the Unimproved Property
commercial Contract, to which this Exhibit nAn is attached,
notwithstanding, the parties agree as follows:
Seller shall, upon execution of the Contract, furnish Buyer with a
copy of any appraisals of the property, and any environmental
studies of the property.
The subject property is now improved with buildings from a former
nursing home facility. As a condition of closing, Seller, at
Seller's sole cost and expense, shall remove all of the
improvements from the surface, and subsurface, of the subj ect
property, with such work to be performed by a competent contractor,
with all necessary permits from the City of La Porte, and dispose
of the debris in sanitary landfill (s) licensed to receive such
debris.
Seller shall commence such demolition within thirty (30) days from
the effective date of this Contract, and pursue such demolition to
completion in an expeditious manner. Upon completion of demolition
and removal of all debris, the property shall be leveled and left
nrake clean".
Seller's demolition contractor shall be responsible for
coordination with Seller's asbestos consultant. Seller's
contractor shall perform asbestos abatement in accordance with
Texas Department of State Health Services (DSHS) regulations.
Seller's asbestos consultant shall be responsible for completion of
the required State Notification form and payment of appropriate
fee(s) when the abatement contractor is selected by the Seller.
The asbestos consultant shall be responsible for the Design and
Project Oversight in accordance with DSHS regulations. Upon
completion, Seller shall provide Buyer with a copy of the asbestos
consultant's written report confirming the abatement was performed
in compliance with applicable DSHS regulations governing building
demolition and asbestos abatement.
During the course of such demolition and removal, Buyer shall be
allowed to enter upon the property from time to time, and conduct
inspections, studies, or assessments, as provided for in Paragraph
7(B) (2), hereof. Buyer shall provide copies of reports of such
inspections, studies, or assessments, to Seller, and Seller shall
remediate any environmental hazards.
~
,;~r-)
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BXllIBIT lAw
(page 2 of 2)
This sale shall close within 30 days of Seller's performance of the
following matters:
1. Seller shall furnish Buyer with a copy of the asbestos
consultant's written report;
2. Seller shall remediate any environmental hazards which may be
discovered during the demolition process by Seller's, or by
Buyer's, inspections, studies, or assessments.
3. Seller shall furnish Buyer with a copy of the final approval
of the demolition by the city of La Porte Inspection
Department. Seller shall leave the property "rake clean".
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askins
& askins P.c.
ATIORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
March 10, 2009
f~~!~~
C\1VSECRETAR'l'S
OfFICE
Ms. Rosebud Caradec
Advent Waterfront properties, Inc.
rosebud@adventwaterfrontpropertiesocom
Re: Happy Harbor Sale to city of La Porte
Dear Mr. Caradec:
The counteroffer of the Aldergate Trust, owner of the Happy Harbor
property, which you emailed to me on March 9, 2009, was presented
to the La Porte city council in executive session, at its regular
meeting of March 9, 2009.
In the counteroffer, the Seller raised its asking price from
$1,400,000.00 to $1,600,000.00.
The city of La Porte in January, 2009, instructed our office to
prepare a proposed earnest money contract, based upon the Seller's
invitation to it, to present an offer for the purchase of the
property for a cash price of $1,400,000.00. The city accepted this
offer, and all good faith negotiations on the contract language
since that time, have been based upon that offer.
It was the unanimous sentiment of City council that, since the city
had accepted the Seller's original offer of $1,400,000.00, the
Seller should in good faith stand by its offer.
The city of La Porte stands ready to continue negotiations on
contract language matters, for the purchase of the property for the
agreed price of $1,400,000.00.
Yours very truly, 4
~tJ~
Knox W. Askins
city Attorney
city of La Porte
KWA: sw
cc: vHon. Mayor & city council
Mr. Ron Bottoms, city Manager
Mr. John Joerns, Assistant City Manager
Mr. Tim Tietjens, Director of Planning
Mr. Stephen Barr, Director of Parks & Recreation
702 VIT. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbelLnet