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HomeMy WebLinkAbout2009-10-12 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council minutes5 MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEEETING OF THE LA PORTE CITY COUNCIL OCTOBER 12, 2009 1. Call to order The meeting was called to order by Mayor Beasley at 6:00 p.m. Members of City Council Present: Mayor Barry Beasley, Council members Louis Rigby, Mike Clausen, Tommy Moser, John Black, Daryl Leonard, Mike Clausen, Chuck Engelken, and Mike Mosteit Members of Council absent: Georgia Malone Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, Melisa Lanclos and John Joerns Legal: Clark Askins City Secretary's Office: Martha Gillett and Robin Eldridge Public Works: Steve Gillett Planning: Tim Tietjens, Isaac Rodriguez, Rodney Slaton and Debbie Wilmore Police Department: Ron Parker and John Glick Finance: Phyllis Rinehart Parks and Recreation: Stephen Barr Main Street: Stacey Osborne Others Present: Adam Yanelli of Bayshore Sun, Ted and Kim Powell, Kathryn Aguilar, Charlotte Wells, Paul Bentley, Phillip Hoot, Norma and Roy Iltis, Terra Gonzales, Leonard Zlomke, Richard Bardwell, Ray and Mary Key, Jason Leopard, Rosie and Aaron Sweeten, Don Belgau, Neil Moyer, David Janda, Anita Willis, Jean Stout, Mr. and Mrs. James Winter, Ginnie Groda, Jessica Newman, Pat Grimes, Mike and Pam Thorn, Jason Bailey, Mrs. And Mrs. Allen Conkey, Tim and Mary Gomez, David Meen and other citizens. 2. Invocation was given by Father Gary Rickles of St. Mary's Catholic Church. 3. Councilmember Daryl Leonard led the Pledge of Allegiance. 4. Presentations/Proclamations Ronnie White of the Parks Department was unavailable for recognition as "Employee of the Third Quarter'. 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Special Called Regular Meeting and Public Hearing held on September 21, 2009 and minutes of Regular Meeting, Public Hearing and Workshop Meeting held on September 28, 2009 — M. Gillett. Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 2 . B. Council to consider approval or other action regarding an ordinance authorizing a contract between the City of La Porte and the Port of Houston Authority of Harris County, Texas for supplemental fire protection at Barbours Cut Facility — (Ord. 3188) — D. Ladd C. Council to consider approval or other action regarding an ordinance authorizing a contract between the City of La Porte and the Association of Bayport Companies, Inc. for emergency medical services in the Bayport Industrial District — (Ord. 3189) — R. Nolen D. Council to consider approval or other action regarding an ordinance approving and authorizing a contract between the City of La Porte and the Port of Houston Authority of Harris County, Texas for emergency medical services in the Bayport Industrial District — (Ord. 3190) — R. Nolen E. Council to consider approval or other action regarding an ordinance authorizing the Mayor to execute a professional services contract with Perdue, Brandon, Fielder, Collins & Mott, LLP for the collection of delinquent court fees and fines — (Ord. 3191) — D. Mitrano F. Council to consider approval or other action authorizing the City Manager to execute a contract with Cobb Findley and Associates to provide professional engineering services for concrete street replacement, waterline replacement and asphalt overlay — S. Gillett G. Council to consider approval or other action regarding an ordinance amending Section 2-106 and 2-107 of the Code of Ordinances of the City of La Porte, regarding qualification of bidders on certain city projects — (Ord. 3192) — S. Gillett H. Council to consider approval or other action regarding the La Porte Development Corporation Board's vote to enter into an earnest money contract for the purchase of Lot 7 and 8, Block 52 of the Town of La Porte, Texas — R. Bottoms Council to consider approval or other action regarding an ordinance authorizing an amended project cooperation agreement between the City of La Porte and the Texas General Land Office to fund construction changes orders for the Sylvan Beach Shoreline Protection and Beach Nourishment Project according to the terms of the amendment provided — (Ord. 3193) — S. Barr Staff recommended items C, D, and F to be pulled from the consent agenda. Motion was made by Councilmember Clausen to approve items A, B, E and I of the consent agenda as presented. Second by Councilmember Engelken. Motion carried. Ayes: Engelken, Mosteit, Clausen, Rigby, Moser, Leonard, Black and Mayor Beasley Nays: None Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 3 Abstain: None Absent: Malone Councilmember Mosteit had a question on item G and asked that it be voted on separately. Motion was made by Councilmember Rigby to approve item G of the consent agenda. Second by Councilmember Engelken. Motion carried. Ayes: Engelken, Rigby, Moser, Clausen, Black and Mayor Beasley Nays: Mosteit and Leonard Abstain: None Absent: Malone Councilmember Rigby had a question on Item H and asked that it be voted on separately. Motion was made by Councilmember Black to approve item H of the consent agenda. Second by Councilmember Clausen. Motion carried. Ayes: Engelken, Mosteit, Clausen, Black and Mayor Beasley Nays: Rigby, Moser and Leonard Abstain: None Absent: Malone 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Paul Bentley, 10003 Sparrow - Reported surrounding cities issuing citations for repair work not yet completed as the result of damages caused by Hurricane Ike last year and asked when the City would be starting to do the same. Charlotte Wells, Philip Hoot, Kathryn Aguilar and Ted Powell signed up to speak in the workshop item (s) of this council meeting. 7. Public Hearing - Council to discuss recommendation of Planning and Zoning Commission for the demolition of two (2) dangerous/sub-standard structures — (Ord. 2009-3164 and 2009-3165) — D. Wilmore This item was tabled at the August 10, 2009 Meeting Mayor Beasley opened the Public Hearing at 6:30 p.m. Chief Building Official Debbie Wilmore presented summary and recommendation and answered Councils' questions. Public Comment: Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 4 Mary Montezuma, 704 S. Holmes — The first contractor she hired to repair their house ran off with their money, so they have since hired another contractor who reported that their repairs should be completed within a month to ninety days. Mary Riley, 401 N. 6th Street — Her delay is beyond their control at this time, she has mailed certified letters to other relatives that hold interest in the property and is waiting to hear back from them, so that Harris County can do a walk-through on her house. Recommendation of Staff — Staff recommended tabling this item for a minimum of sixty days allowing time for the owners of 704 S. Holmes and 401 N. 6th Streets to show progress. Mayor Beasley closed the Public Hearing at 6:38 p.m. On advice of the City Attorney, Council agreed to reopen the Public Hearing, and to continue Public Hearing for sixty (60) days. Mayor Beasley reopened the Public Hearing at 6:42 p.m., and noted it would remain open for sixty (60) days. Staff will review the buildings located at 704 S. Holmes and 401 N. 6th Street, and report to Council, at the end of the sixty (60) day period. There were no exceptions. Council agreed to pull Item 8 from the agenda. 9. Council to consider approval or other action regarding a resolution appointing members to the Houston -Galveston Area Council — (Res. 2009-10) — Mayor Beasley Mayor Beasley presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Leonard to the leave representatives the same as 2009 by reappointing Councilmember Engelken as the representative and Mayor Beasley as Alternate for the 2010 H-GAC. A second was made by Councilmember Clausen. Motion carried. Ayes: Leonard, Engelken, Mosteit, Rigby, Moser, Clausen, Black and Mayor Beasley Nays: None Abstain: None Absent: Malone 10. Receive Monthly Drainage Report from City Staff — S. Gillett Public Works Director Steve Gillett presented the monthly Drainage Report. 11. Close Regular Meeting and open Workshop Meeting. Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 6:48 p.m. Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 A. Presentation by Clark Condon and Associates on their findings regarding a needs assessment for a community/convention center venue — R. Bottoms Sheila Condon presented a slide show outlining: Building Program, Master Plan and Site Consideration for a community center/convention center, and highlighted four different options. B. Discuss options regarding establishing a community/convention center venue — R. Bottoms Petitions and Remonstrance's reopened: Charlotte Wells, 3342 Miramar — As a Galveston Bay keeper, showed her concern about preserving the beach. Is concerned about the access to Sylvan Beach, she wants to see more green space. Ted Powell, 1700 Roscoe — Announced his submission of an application for a National Historical Grant for Sylvan Beach pavilion. Brought other options for the Sylvan Beach Pavilion, which included the interest of a private investor to invest his own money without the help of taxpayers for a substantial amount under what has been previously addressed. Kathryn Aguilar, 3119 Fondren — reiterated her idea that the city should use the private investor as mentioned by Mr. Powell, by doing so, in her opinion would be the fastest, greenest, most historically way to preserve the Sylvan Beach Pavilion. Phillip Hoot, 927 Seabreeze — enjoys watching people in the park, suggested metered trails/ walks to be placed in Seabreeze Park. Wants to see the city preserve the waterfront. He questioned the need for a convention center, wants to revamp the Pavilion. City Manager Ron Bottoms reported that according to the County, the Pavilion would have to be elevated. After meeting with the Commissioner Garcia, she relayed that the County would possibly consider conveying the northern portion of the Park to the city for a new facility. Councilmember Black suggested that an item be placed on the next Council agenda to notify Harris County of the intent of terminating the lease agreement on the Sylvan Beach Pavilion, to let them decide its future, since they own the building. 12. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 7:53 p.m. 13. City Manager Ron Bottoms provided Administrative Reports for the following: Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 6 Mr. Bottoms reported that seven employees participated in the annual Bike around the Bay over the weekend, which included himself, Judge Denise Mitrano, Rodney Slaton, Tim Tietjens, Mike Hovendick, Carl Rice and Yvonne Stanley. October 15, 2009 — Harris County Mayor & Council Dinner — Jacinto City Town Center — 6:30 p.m. October 19, 2009 — Greater Houston Builders Association 2009 Political Luncheon — Hyatt Regency Hotel (Downtown Houston) —11:30 a.m. October 19, 2009 — 5th Annual Economic Alliance Houston Port Region Coffee Symposium — Hilton Americas — Houston — 8:00 a. m. — 4:00 p.m. October 19, 2009 — 24th Annual Economic Alliance Houston Port Region Membership Awards Banquet — Hilton Americas — Houston — 6:00 p.m. — 9:00 p.m. October 20 — 23, 2009 — Texas Municipal League Conference — Fort Worth, TX October 26, 2009 — City Council Meeting — 6:00 P.M. 14. Council Comments: Leonard, Engelken, Mosteit, Clausen, Rigby, Moser, Black, and Beasley. A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy 15. Executive Session — pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (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) 16. Considerations and possible action on items considered in Executive Session. There was no Executive Session. 17. Adjournment Being no further business, the meeting was duly adjourned at 8:00 p.m. Respectfully submitted, Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 qinEldridge ministrative Secretary ?asse4 and approved on this 26th day of October 2009. Mayor arry Beasl 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 2009 Requested By: S. Gillett Department: Public Works 0 Report: X Resolution: Ordinance: Exhibits: Authorization for Professional Engineering Services Exhibits: Exhibits: Appropriation Source of Funds: TRA994 and UTL712 Account Number: 005-9892-995-1100 047-9892-712-1100 Amount Budgeted: $433,000 Amount Requested: $ 58,950 Budgeted Item: YES SUMMARY & RECOMMENDATION The City of La Porte has selected the firm of Cobb Fendley & Associates to provide professional engineering services to provide design, bidding and construction phase services for the construction of the McCabe Road Trunk Sewer and the McCabe Road Trail System serving the new Bayshore Elementary School. The Agreement with the Engineer is as follows: BASIC SERVICES Design $30,500 Bidding and Construction Phase 7,000 Topographical Survey 9,500 Geotechnical Report 4,950 Reimbursable Expenses 1,000 Total Basic Services $52,950 ADDITIONAL SERVICES Additional Topo Survey for Mobil Home Park Easement $ 2,000 Easement Survey (3) 4,000 Total Additional Services 6,000 TOTAL ENGINEERING $58,950 It should be noted that design and construction of this Project cannot be completed prior to the opening of Bayshore Elementary, scheduled for January 2010. In fact, because of the disruption to traffic that will take place during construction, this Project will be scheduled for bidding in the spring, with construction to begin and be completed over the summer. 06—tioN Re uired by Council: Authorize the City Manager to execute a contract with Cobb Findley and Associates to pro ide design, bidding and construction phase services for the construction of the McCabe Road Trunk Sewer and th NAabe Road Trail System serving the new Bayshore Elementary School in the amount of $58,950. Ron Bottoms, City Manager 14 al o9 Date I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 2009 Requested By: Ray Nolen Department: EMS Report: Resolution: Ordinance: X Exhibits: Copy of POH/BCT Contract Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Terminal for a period of twelve months, in the amount of $2,108.75 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective November 1, 2009 with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Terminal. The submitted 2009-10 contract is based on a POH/BCT population of 1205 employees at $21.00 per employee — Total annually $25,305.00 The Port of Houston Authority will meet in October, 2009 to approve this new 2009-10 contract. Recommend that council approve the City Manager to execute the new original contract submittal by POH. Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Ruston Authority for the City of La Porte EMS. Manager h/j, d Date ORDINANCE NO. 2009- 3 KI 01 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte 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. Section 2. The City Council of the City of La Porte 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. ORDINANCE NO. 2009-y8/1q0 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of October, 2009 O A PORTE By: Barry easl y, Mayor AATT ST: (. ' M r ha A. Gil et City Secretary APP VE : ark T. Askins, City Attorney 2 f#74 Rle /U6 . o20o 9- 0 J 6 1 CONTRACT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT', WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. For and during the year beginning on the 1" day of November, 2009 and ending on the 31 " day of October, 2010, LA PORTE agrees to furnish to PORT, the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after October 31, 2010 until canceled by either party hereto giving ninety (90) days written notice to the other parry hereto. 1! For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND ONE HUNDRED EIGHT AND 75/100 DOLLARS ($2,108.75). Such charges are based on a $21.00 per person fee and are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered. The total amount of the contract is in the not to exceed amount of TWENTY FIVE THOUSAND THREE HUNDRED AND FIVE AND 00/100 DOLLARS ($25.305.00). ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract shall be based on an Average Daily Population ("ADP") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing November 1, 2010 LA PORTE agrees to provide emergency medical services at PORT's Barbour's Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. V. LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. V1. During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person, ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under -insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. The City shall file certificates of insurance coverage with the PORT during the terms of this Contract and any extension thereof. On all said insurance policies, PORT shall be named as an additional insured. 2 V11. Either the PORT or LA PORTE may cancel this Contract, without cause, after giving at least ninety (90) days written notice to the non -canceling party. Such notice shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562, Attention: Director of Operations. Such notice shall be sent by the PORT to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. Q This contract shall become effective at 12:00 AM. Central Time, on the 1" day of November, 2009 and shall remain in full force and effect until the 31 st day of October, 2010 unless otherwise canceled as provided in paragraph V11 above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. ►® This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This contract may be amended only by a written instrument signed by all parties. This contract shall be governed by and construed in accordance with the laws of the State of Texas. (EXECUTION PAGE FOLLOWS) 3 EXECUTED IN DUPLICATE ORIGINALS, as of this the _ 7 day of 20_tq. ATTEST: APPROVED AS TIO/ FORM: p Counsel CITY OF Lm City Manager PORT OF HOUSTON AUTHORITY Executive APPROVED: 1� • • rMi• FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: 11 PURCHASE ORDER PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 SE.CIENED N0 `4' 18 Z0 S cll OFFICE L t: RFCF . _jVF.D NOV 2 4 2009 Cl.ry SEj;fjCEE-fAFtyS OFFI i �' T " ' � �' V T , " .'Tl "I"T TERTAIINAL (B"IT) A T N A' 00�qJITT" -I 'T ;� Tf 1 '9' E 7, --ST' TR, -1 -IT zr i-'Ar ? -1. T I I: -A '-: 04 W.E 'r- _J�41,r) NT PAR—lAY LA PriT., TE K 77 7 TT'-z i , 5 7 1 I -A E TV 7 7 c' 7 ITN Y11TE"'I'l-I HANWI ED, 4�i.IT A V WfA `17 4 --------------- ITEM QUANTTT'l TRITIT DESCRIPTION IJNIT PRTCE TOTAL ------------------------------------------------------------------------------------------------------- 0 Ij 1, 3 0 15 - on) AMBT - TLAlR'E SV:t-BCTAll7N1J'7U' 00' 5, 30 F,­ 00 EMS CC N'T FR At-'T J % PLIA FILE NO. Z2009-0304 FOR AND DURING THE YEAR BEGINNING ON 1ST DAY OF Nku'VEMBER 2'009 AND ENDING ON THE 31ST DAY OF OCTOBER 21010, LAPORTE AGREES TO FURNISH TO Pon, 1 1 EMERGENCY MEDICAL SERVICES. THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL CANCELLED BY EITHER PARTY PEE, EXECUTED C'ONTRACT DATED T'iil:,:, THE ','7 DAY (')F 0"TOBER, 20109, THE PORT AGREES TO PAY LAPORTPE THE. MCNTHLY SM (TT _'F I 'W i (_D,JSND E1DID /r ��'AC_N11R4REEI(oHT AND7A_DOLE f) THIS CONTRACT IS IN THE NOT TO EXCEED AMOUNT OF TWENTY-F"' THOUSAND THREE HUNDRED AND FIVE AND 0,0/100 DOLLARS ($25,"'305.00). LAPC)RTE A(_"REES TO FURJ\TJISH TO THE PORT, EMERGENCY MEDDCAL SERVICES AT THE PORT' BAx:"O(_',UT'S TERXINAT il I END OF ORDER PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT ORIGINAL. OF THZEVE19UTIVE DIRECTOR RWS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE COUNTY AUDITOR BY ::� CobbFendley September 25, 2009 Mr. Steve Gillett AUTHORIZATION FOR Director of Public Works PROFESSIONAL SERVICES City of La Porte 604 W. Fairmont Pkwy. La Porte, Texas 77571 Re: McCabe Road Sanitary Sewer, La Porte, Texas Sanitary Sewer and Sidewalk Installation Proposal for Professional Engineering and Surveying Services Dear Mr. Gillett: We are pleased to propose professional engineering services to you in connection with the design and construction of a sanitary sewer and sidewalk along the north side of McCabe Road. The sewer would run from Taylor Bayou (HCFCD #A104-00-00) east to a point opposite a tract boundary line on the south side of the road, and about 200 feet west of an unnamed tributary (HCFCD #A104-12-01) near Old Highway 146. The sidewalk would be somewhat longer, running from the new elementary school on the west side of Taylor bayou all the way to Old Highway 146. It is anticipated that the sidewalk will be placed (wholly or partially) in an easement adjacent to the right of way. Due to existing utilities located near the right of way line, the sewer is proposed to be located of the front slope of the roadside ditch, or in the adjacent easement where available. SCOPE OF SERVICES The specific tasks to be performed by CobbFendley in conjunction with this project are as follows: Basic Services Surveying K 3 4 Perform a Category 6, Condition II topographical survey in accordance with the requirements of the Texas Society of Professional Surveyors to locate existing utilities, appurtenances and pavement and to determine the existing elevations of the street and utility lines which are accessible by manholes and the existing ground elevations within the area from the northern edge of pavement to the apparent north right of way line. The adjacent wooded land for the possible location of an easement is assumed to be relatively flat and only obvious topographic features will be obtained there. Proof of right of way will not be researched; only apparent right of way occupation will be used. As an option, the survey can be extended to include a strip15 ft wide inside the existing mobile home park if an easement is to be pursued in that location. Perform utility record research. Utilities will be placed in the drawing based on utility record interpretation as SUE Levels C and D as described in ASCE manual of practice. All benchmark information will reference NAVD '88. Plot all survey data on plan and profile style sheets at a scale of 1" = 20' horizontally and 1" = 2' vertically. D:\DOCS\PROPOSALS\SMALL PROPOSALS\20091A PORTE MCCABE SEWER\PROPOSAL.DOC 13430 Northwest Freeway, Suite 1100 1 Houston, Texas 77040 1 713.462.3242 1 fax 713.462.3262 I www.cobfen.com Mr. Steve Gillett September 25, 2009 Page 2 of 6 �CobbFendley 5. Provide boundary descriptions and map exhibits for three 8' to 10' wide easement tracts adjoining the existing right of way. Title insurance, if desired, appraisals, and other related costs will be paid directly by the City. Final Design 1. Construction documents will include technical specifications in the CSI standard format. 2. Design Items - The design will be appropriate for the public solicitation of bids. Complete Plans & Specifications will be submitted to the City for review and approval. 3. Traffic control plan will be a routine utility construction setup in accordance with AASHTO and TMUTCD. 4. A storm water pollution prevention plan shall be prepared and NO[ form shall be prepared for the contractors use. 5. Stormwater quality measures (BMP's) as included in the Harris County Public Infrastructure Department Engineering Division - Permit Office's "Storm Water Quality Guidance Document for New Development/Redevelopment Projects" will be adapted to the project. 6. Plans will be submitted to Harris County and Harris County Flood Control District for review and approval. To maintain the City's schedule, the City may need to encourage an expedited review of the plans. Letter of notification will be submitted to TCEQ as well. Geotechnical 1. As a subconsultant service, a geotechnical firm (PSI) will provide soil borings, analysis, and recommendations for utility trenching and bedding. Bidding Phase Services 1. CobbFendley will assist the City in soliciting bids for the project. CobbFendley will: + Prepare an advertisement for the City's use in publication + Attend a prebid meeting with prospective bidders to discuss the project and answer questions + Prepare and issue any necessary addenda to the bidding documents + Attend the bid opening + Review the bids, prepare tabulation, and recommend a bidder to the City. + Prepare Contract documents for execution by the City and Successful Bidder Construction Phase Services CobbFendley will provide field and office support services to provide documentation of the project progress and to determine if the work is in general conformance with the contract documents. In performing these construction phase services, CobbFendley will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and CobbFendley will not be responsible and liable to the City if the contractor fails to perform the construction work in accordance with the contract documents. Such services shall consist of: • Conduct a preconstruction conference. • After approval of executed contract documents by the City Attorney, issue a Notice to Proceed. • Furnish the services of an engineer to visit the Project periodically, to review the work in progress, confer with field personnel, and to determine, in general, if such work is proceeding in accordance with the contract plans and specifications. • Review change order requests and claims by Contractor DADOMPROPOSALSISMALL PROPOSALS12009U.A PORTE MCCABE SEWERIPROPOSAL.DOC Mr. Steve Gillett :" CobbFendley September 25, 2009 ::� Page 3 of 6 • Review the Contractor's monthly application for payment and verify that the quantity of work claimed conforms to the physical evidence of completed work. • Review laboratory reports and shop drawings; • Conduct a final inspection with the Contractor and the Owner. Prepare a list of all items requiring correction prior to final acceptance. ADDITIONAL SERVICES Construction Inspection Services Due to the uncertainty of the level of desired inspection, the possibility of the City being able to perform some of this function, and the scheduling of the construction, the Compensation table below does not include an allowance for this service. Once a level of effort is established, a separate proposal will be submitted. Other Required or Desired Services Other professional services may become necessary for the satisfactory completion of the project, or changes in the desired project scope may arise. Any such services will be discussed with the City and an estimate of fee presented for the City's approval prior to any additional services being delivered. BASIS OF COMPENSATION We propose to perform the described Basic Services for the following estimated hourly fees. Tasks will be billed in accordance with the attached CobbFendley rate table. Basic Services 1. Topographical Survey....................................................................................... $9,500.00 2. Additional Topo Survey for MH Park easement area (if authorized) .................. $2.000.00 3. Geotechnical Investigation................................................................................ $4.950.00 4. Easement Surveys (3) (if authorized)................................................................ $4,000.00 5. Engineering Design......................................................................................... $30,500.00 6. Bidding and Construction phase....................................................................... $7,000.00 Basic Services (Reimbursable Expenses) 1. Reproduction, mileage, delivery charges, etc .................................................... $1,000.00 ADDITIONAL SERVICES Services not included in the description of Scope of Services in this proposal may be provided by CobbFendley, and if provided by CobbFendley, said services shall be considered to be Additional Services and shall require additional fees. Additional Services require separate written authorization by the Client prior to CobbFendley beginning any additional service. 1. Application or review fees. 2. Obtaining construction permit. DADOCSIPROPOSAMSMALL PROPOSALS\2009\A PORTE MCCABE SEWER\PROPOSAL.DOC Mr. Steve Gillett ��� CobbFendleySeptember 25, 2009 ::� Page 4 of 6 3. Soil, water or other environmental testing or environmental assessment of any kind. 4. Any other services not specifically included within the description of the Basic Services or Other Services as described above. SPECIAL PROVISIONS A copy of the General Terms and Conditions of the Authorization for Professional Services is attached and constitutes a part of this agreement. Agency review fees charged by the approving agencies shall be borne directly by the Client/Owner. SCHEDULE OF SERVICES CobbFendley is authorized to begin work on this project immediately upon receipt of Client's signature on this Authorization and any additional authorizations that may be required from the property owner. CobbFendley will use reasonable efforts to complete its services within a reasonable time frame. Any delay by Owner or Client in providing proper and sufficient documents may delay CobbFendley's performance of its services, in which case CobbFendley shall be entitled to an extension of time to complete those services. PROPOSAL ACCEPTANCE If this proposal is agreeable to you, please indicate your acceptance by signing in the space provided below and return one copy to us for irward fil . This proposal is void if not accepted within thirty days of the date hereon. The ouni to propose professional engineering services to your firm is appreciated and we look o working on this project with you. Sincerely, This prcbgsal accepteg by: ASSOCIATES, INC. Vice President CITY, Tign ture ;4r,t J svb�p's fr' Attachments Title I i0 Id4P A Date o Authorization DADOMPROPOSAMSMALL PROPOSALS\20091LA PORTE MCCABE SEWER\PROPOSAL.DOC 1. 2. 3. 4. 5. 8. 8. PROVISIONS OF THE AUTHORIZATION FOR PROFESSIONAL SERVICES (Public Agency Client) AUTHORIZATION TO PROCEED Signing this Agreement shall be construed as authorization by CLIENT for Cobb, Fendley & Associates, Inc. (CobbFendley) to proceed with the services, unless otherwise provided for in this agreement. INTERPRETATION OF FEES Unless specified as hourly, the fees shown herein are considered lump sum amounts. DIRECT PERSONNEL EXPENSE Direct Labor Costs means salaries and wages paid to CobbFendley's employees plus payroll related costs and benefits such as payroll taxes, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable hereto. DIRECT EXPENSES CobbFendley's direct expenses shall be those costs incurred on or directory for the CLIENT'S project, including but not limited to necessary transportation costs including mileage at the current IRS rate, meals and lodging, laboratory tests and analyses, and printing and binding charges. These direct expenses shall be billed in accordance with the attached rate schedule. OUTSIDE SERIVICES When technical or professional services are furnished by an outside source, when approved by the CLIENT, an additional amount shall be added to the cost of these services by CobbFendley to cover its administrative costs, as provided in this Agreement. COST PROJECTIONS If included in CobbFendley's scope of services, opinions or estimates of probable construction costs are prepared on the basis of CobbFendley's experience and qualifications and represent CobbFendley's judgment as a professional generally familiar with the industry. However, since CobbFendley has no control over the cost of labor, materials, equipment or services furnished by others, over contractor's methods of determining prices, or over competitive bidding or market conditions, CobbFendley cannot and does not guarantee, represent or warrant that proposals, bids, or the actual construction cost will not vary from CobbFendley's opinions or estimates of probable construction cost. PROFESSIONAL STANDARDS CobbFendley agrees to perform its services in accordance with the standard of professional care used by other practicing professional engineers of ordinary prudence in the same field of engineering and performing the same type of work in CLIENT'S community under the same or similar circumstances. CobbFendley makes no other warranty, expressed or implied. TERMINATION Either CLIENT or Cobb Fendley may terminate this Agreement by giving 30 days written notice to the other party. In such event, CLIENT shall forthwith pay CobbFendley in full for all services previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. Failure by Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until CobbFendley has been paid in full all amounts due for services, expenses and other related charges, including interest on past due amounts. 9. REUSE OF DOCUMENTS Any reuse by the client or others of documents or plans that result from CobbFendley's services under this agreement shall be at the client's or other's sole risk without liability to Cobb Fendley. 10. INDEMNIFICATION To the fullest extent permitted by law, CobbFendley shall indemnify and hold harmless the CLIENT and OWNER and their respective officers and employees from and against all claims, actions, proceedings, liabilities, losses, damages, costs and expenses, including reasonable legal fees, which the CLIENT and OWNER and their respective officers and employees may sustain to the extent or degree on a comparative basis of fault arising from the negligent acts, errors or omissions of CobbFendley, its officers, employees or subconsultants, arising from the services provided herein. 11. LIMITATION OF LIABILITY THE LIABILITY OF COBB FENDLEY TO THE CLIENT SHALL BE LIMITED TO SERVICES PERFORMED SOLEY BY COBBFENDLEY. THE LIABILITY OF COBB FENDLEY TO THE CLIENT FOR ANY CAUSE OR COMBINATION OF CAUSES IS, IN THE AGGREGATE, LIMITED TO AN AMOUNT NO GREATER THAN THE FEE EARNED UNDER THIS AGREEMENT. COBBFENDLEY IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES THAT MAY BE SUSTAINED BY THE CLIENT OR THE CLIENT'S AGENTS. 12. MEDIATION In the event that any dispute shall arise between Client and CobbFendley regarding the parties rights or obligations under this Agreement, the parties shall, as a condition precedent to taking any action against one another make a good faith effort to resolve such disagreements by negotiation and/or non -binding mediation. 13. LEGAL EXPENSES In the event that legal action is brought by CLIENT or CobbFendley against the other party to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 14. PAYMENT TO COBBFENDLEY Monthly invoices will be issued by CobbFendley for all services performed under the terms of this agreement. Invoices are due and payable upon receipt. Interest at the rate of 1.5% per month may be charged on all past - due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. Pending resolution of any dispute concerning any portion of any invoice submitted by CobbFendley, all undisputed portions shall be paid in accordance with this paragraph. If payment is not received within 45 days from date of invoice, CobbFendley retains the right to cease further work on the project until such time that the overdue invoices are paid. CobbFendley also retains the right to withhold final approved plans and other deliverables until all overdue invoices are paid. D:\DOCS\PROPOSALS\SMALL PROPOSALS\2009\LA PORTE MCCABE SEWER\PROPOSAL.DOC ME CobbFendley Cobb, Fendley & Associates, Inc. Rate Schedule Principal.......................................................................................................................... $235/HR SeniorEngineer..............................................................................................................$190/HR ProjectManager............................................................................................................. $150/HR ProjectEngineer III......................................................................................................... $145/HR ProjectEngineer 11 .......................................................................................................... $125/HR ProjectEngineer I............................................................................................................. $95/HR SeniorTechnician........................................................................................................... $115/HR TechnicianIII.................................................................................................................... $95/HR TechnicianII..................................................................................................................... $85/HR TechnicianI...................................................................................................................... $75/HR Licensed State Land Surveyor........................................................................................ $200/HR Registered Professional Land Surveyor.......................................................................... $120/HR 4-Man Survey Crew........................................................................................................ $148/HR 3-Man Survey Crew........................................................................................................ $136/HR 2-Man Survey Crew........................................................................................................ $120/HR PostProcessing GPS Data...............................................................................................$92/HR Right -of -Way Agent........................................................................................................ $100/HR ConstructionManager..................................................................................................... $120/HR Field Construction Observer............................................................................................. $80/HR Clerical.............................................................................................................................. $60/HR GPS................................................................................................................ $32/Hour/Receiver TechnologyFee.......................................................................................................... $3.75/Hour Consultant or Specialty Contractor (Outside Firm) .............................................. @ COST + 10% Reasonable Out of Town Travel Expenses (Air, Hotel, Car Rental) .............................. @ COST Per Diem for Out of Town Travel (Per Day/Person)......................................................... $30/Day Courier, Printing, Rental of Special Equipment ................................................... @ COST + 10% In -House Reproduction (except for our own internal use) Copies(All Sizes)............................................................................................................. $0.15/Each ColorCopies (Max 11" x 17")........................................................................................... $1.50/Each Color Copies (Larger than 11" x 17").............................................................................. $2.25/Sq.Ft. Bluelines(All Sizes)......................................................................................................... $1.00/Each BondPrints (All Sizes)..................................................................................................... $6.00/Each VellumPrints (All Sizes)................................................................................................... $9.00/Each MylarPrints (All Sizes)................................................................................................... $12.00/Each Mileage.......................................................................................................................... IRS Rate TitlePlant Charge............................................................................................... @ COST + 10% Other Misc. Expenses Related to Project............................................................ @ COST + 10% DADOCS\PROPOSALS\SMALL PROPOSALS\2009\LA PORTE MCCABE SEWER\PROPOSAL.DOC F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10-26-09 Requested By: Kenith Adcnx Department: Police Department Report: Resolution: Ordinance: X Exhibits: Amended Ordinance 1285 Exhibits: Exhibits Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES Na SUMMARY & RECOMMENDATION City Ordinance 1285-R needs to be amended in Section 3 to recognize the classifications and number of positions in each classification, as per the approved Fiscal Year 2010 budget. The amendment to Ordinance 1285-R established the current authorized Civil Service positions: 57 Police Officers 9 Sergeants 5 Lieutenants 2 Assistant Chief Action Required by Council: Recommend City Council to approve the amendment of Ordinance 1285-R to establish the current authorized classifications in Civil Service. k... � (vk--) Ron Bottoms, City Manager -ID1411,05 Date ORDINANCE NO. 311111 AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING POLICEMAN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY SCHEDULES; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 3 of Ordinance 1285, as amended, is hereby amended and shall hereafter read as follows, to -wit: "Section Three. There are hereby established the following number of authorized positions in each of the foregoing classifications, to -wit: Classification Number of Authorized Positions Patrolmen 57 Sergeant 9 Lieutenant 5 Assistant Chief 2" Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of Ordinance No. 1285 and any amendments thereto. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of La Porte 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 take effect upon its passage and approval, and it is so ordered. PASSED AND APPROVED THIS THE �b DAY OF , 2009. CITY OF LA PORTE By:,--- BARRY B ASLEY, Mayor ATTEST: By: TQ"" L a, TMART A GILLETT, O City Secretary APPROVED: By: ClARK T. ASKINS Assistant City Attorney H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 2009 Requested By: Rays Nolen Department: EMS Report: Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Copy of Contract Exhibits: Exhibit A - Map Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Contract renewal request with the Association of Bayport Companies, Inc., for Emergency Medical Service in the Bayport Industrial Area. This contract will be for a period of one year at a rate of $21.00 per employee. This is an increase of .81 cents per employee over the previous year's negotiated rate. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2009 with the Association of Bayport Companies, Inc. for Emergency Medical Service in the Bayport Industrial Area. 2007-08 Revenues - Actual $102,898.40 2008-09 Revenues — Actual $98,587.77 2009-10 Revenues— Projected $100,000.00 Recommend that council approve the City Manager to execute the submitted contract for providing Emergency Medical Service to the companies located in the Bayport Industrial Area. Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Association of Bayport Companies for the City of La Porte EMS. Ron Bottoms, Manager Date ORDINANCE NO. 2 0 0 9- 31 6 Cl AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte 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. Section 2. The City Council of the City of La Porte 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. ORDINANCE NO. 2009-_ . PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of October, 2009 CI BQgTE By: �/) Barr B sley, M or ATT T: WnMart4a . Gil ett, City Secretary APPROVE;),: C ark T. Askins, City Attorney 2 CONTRACT STATE OF TEXAS COUNTY OF HARRIS ' THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a municipal corporation, of Harris County, Texas, hereinafter referred to as "LA PORTE"; and the ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas non-profit corporation, hereinafter referred to as "AB.C. ", WITNESETH: WHEREAS, AB.0 is in need of certain Emergency Medical Services for the benefit of the people at its Service Area. as outlined on the map attached hereto as Exhibit "A", SAVE AND EXCEPT any area shown on Exhibit "A", which has been annexed by a city other than LA PORTE, unless LA PORTE has an interlocal agreement for Emergency Medical Service with any other such city; and WHEREAS, LA PORTE is able and willing to provide said governmental services to A.B.C., upon the terms, conditions, and covenants herein contained: I. GENERAL PROVISIONS For and during the year beginning on the 1 st day of October, 2009, and ending on the 30th day of September, 2010, LA PORTE agrees to furnish to A.B.C., the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after September 30, 2010, until cancelled by either party hereto giving ninety (90) days written notice to the other party. II. For and in consideration of the emergency medical services to be provided by LA PORTE, A.B.C. agrees to pay LA PORTE the sum of Twenty One Dollars ($21.00) per on -site employee of the ASSOCIATION OF BAYPORT COMPANIES, INC. members, comprised within the Service Area. Such payment shall be made on or before the lst day of October 2009. The employee count, which A.B.C. represents to LA PORTE to be approximately between Five Thousand (5,000) and Six Thousand (6,000) on an annual basis, shall be based upon the number of full -tune equivalent, on -site employees and shall include the number of recurring -contract workers (such as maintenance contracts that are used for scheduled plant maintenance). The number of covered personnel is to be provided by each individual plant within the Service Area and famished by A.B.C. for the computation of the annual fee, which shall occur on or before October 1, 2009. AB.C. shall famish to LA PORTE said census count famished to them during the month of September during each year of this contract. A.B.C. shall immediately notify LA PORTE of the addition of any new company to its membership, and the employee count, as herein defined, of such new member company. A member company of A.B.C. which is in default of its payments to A.B.C. and LA PORTE hereunder, shall be subject to a `Non -Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance. LA PORTE agrees to provide emergency medical services at A.B.C.'s Service Area. LA PORTE shall transport patients to one of the nearest hospitals providing emergency services that is defined b}- the 'Transport Polite" of the City of La Porte Emergency Medical Sen-ices. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. L Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of LaPorte. 0 COMPLIANCE WITH LAW AND ORDINANCES LA PORTE agrees to operate the ambulances in accordance with the requirements of State and Federal law, and applicable municipal or county ordinances, as the sane now exist, and as may be amended from time to time hereafter. VI. LIABILITY INSURANCE During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of $100,000.00 for each single occurrence for injury to or destruction of property; $100,000.00 for each person; and $300,000.00 for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of $100,000.00 for each single occurrence for injury to or destruction of property; $100,000.00 for each person, $300,000.00 for each single occurrence for bodily injury or death; and uninsured and under -insured motorists coverage providing at least $100,000.00 for each person, and $300,000.00 for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claim Act, Section 101.001 et seq, of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. LA PORTE shall file certificates of insurance coverage with A.B.C. during the terms of this Contract and any extension thereof. On all said insurance policies, A.B.C. shall be named as an additional insured. V II. REVOCATION OF CONTRACT Either A.B.C. or LA PORTE may cancel this Contract, without cause, after giving at least ninety (90) days written notice to the non -canceling party. Such notice shall be sent by LA PORTE to A.B.C. at Post Office Box 691, La Porte, Texas 77572-0691. Such notice shall be sent by A.B.C. to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas 77571. VIII. TERM This Contract shall become effective at 12:00 AM. Central Time, on the 1st day of October, 2009, and shall remain in full force and effect until the 30th day of September, 2010, unless otherwise cancelled as provided in paragraph VII above. This Contract is entered into subject to the Charter and Ordinances of the City of LaPorte, and all applicable state and federal laws. IX. This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This Contract may be amended only by a written instrument signed by all parties. Texas. This Contract shall be governed by and construed in accordance with the laws of the State of EXECUTED IN DUPLICATE ORIGINALS, as qthedayof 2009. O E B Ron BotroX City Manager ATTEST: 3 ASSOCIATION OF BAYPORT ATTEST: a J +�C Colleen Hicks, Secretary Q ` L Mt6 ,__...,. I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 2009 Requested By: Ray Nolen Department: EMS Report: Resolution: Ordinance: X Exhibits: Copy of POH/BCT Contract Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Terminal for a period of twelve months, in the amount of $2,108.75 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective November 1, 2009 with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Terminal. The submitted 2009-10 contract is based on a POH/BCT population of 1205 employees at $21.00 per employee — Total annually $25,305.00 The Port of Houston Authority will meet in October, 2009 to approve this new 2009-10 contract. Recommend that council approve the City Manager to execute the new original contract submittal by POH. Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Ruston Authority for the City of La Porte EMS. Manager h/j, d Date ORDINANCE NO. 2009- 3 KI 01 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte 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. Section 2. The City Council of the City of La Porte 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. ORDINANCE NO. 2009-y8/1q0 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of October, 2009 O A PORTE By: Barry easl y, Mayor AATT ST: (. ' M r ha A. Gil et City Secretary APP VE : ark T. Askins, City Attorney 2 f#74 Rle /U6 . o20o 9- 0 J 6 1 CONTRACT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT', WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. For and during the year beginning on the 1" day of November, 2009 and ending on the 31 " day of October, 2010, LA PORTE agrees to furnish to PORT, the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after October 31, 2010 until canceled by either party hereto giving ninety (90) days written notice to the other parry hereto. 1! For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND ONE HUNDRED EIGHT AND 75/100 DOLLARS ($2,108.75). Such charges are based on a $21.00 per person fee and are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered. The total amount of the contract is in the not to exceed amount of TWENTY FIVE THOUSAND THREE HUNDRED AND FIVE AND 00/100 DOLLARS ($25.305.00). ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract shall be based on an Average Daily Population ("ADP") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing November 1, 2010 LA PORTE agrees to provide emergency medical services at PORT's Barbour's Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. V. LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. V1. During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person, ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under -insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. The City shall file certificates of insurance coverage with the PORT during the terms of this Contract and any extension thereof. On all said insurance policies, PORT shall be named as an additional insured. 2 V11. Either the PORT or LA PORTE may cancel this Contract, without cause, after giving at least ninety (90) days written notice to the non -canceling party. Such notice shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562, Attention: Director of Operations. Such notice shall be sent by the PORT to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. Q This contract shall become effective at 12:00 AM. Central Time, on the 1" day of November, 2009 and shall remain in full force and effect until the 31 st day of October, 2010 unless otherwise canceled as provided in paragraph V11 above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. ►® This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This contract may be amended only by a written instrument signed by all parties. This contract shall be governed by and construed in accordance with the laws of the State of Texas. (EXECUTION PAGE FOLLOWS) 3 EXECUTED IN DUPLICATE ORIGINALS, as of this the _ 7 day of 20_tq. ATTEST: APPROVED AS TIO/ FORM: p Counsel CITY OF Lm City Manager PORT OF HOUSTON AUTHORITY Executive APPROVED: 1� • • rMi• FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: 11 PURCHASE ORDER PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 SE.CIENED N0 `4' 18 Z0 S cll OFFICE L t: RFCF . _jVF.D NOV 2 4 2009 Cl.ry SEj;fjCEE-fAFtyS OFFI i �' T " ' � �' V T , " .'Tl "I"T TERTAIINAL (B"IT) A T N A' 00�qJITT" -I 'T ;� Tf 1 '9' E 7, --ST' TR, -1 -IT zr i-'Ar ? -1. T I I: -A '-: 04 W.E 'r- _J�41,r) NT PAR—lAY LA PriT., TE K 77 7 TT'-z i , 5 7 1 I -A E TV 7 7 c' 7 ITN Y11TE"'I'l-I HANWI ED, 4�i.IT A V WfA `17 4 --------------- ITEM QUANTTT'l TRITIT DESCRIPTION IJNIT PRTCE TOTAL ------------------------------------------------------------------------------------------------------- 0 Ij 1, 3 0 15 - on) AMBT - TLAlR'E SV:t-BCTAll7N1J'7U' 00' 5, 30 F,­ 00 EMS CC N'T FR At-'T J % PLIA FILE NO. Z2009-0304 FOR AND DURING THE YEAR BEGINNING ON 1ST DAY OF Nku'VEMBER 2'009 AND ENDING ON THE 31ST DAY OF OCTOBER 21010, LAPORTE AGREES TO FURNISH TO Pon, 1 1 EMERGENCY MEDICAL SERVICES. THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL CANCELLED BY EITHER PARTY PEE, EXECUTED C'ONTRACT DATED T'iil:,:, THE ','7 DAY (')F 0"TOBER, 20109, THE PORT AGREES TO PAY LAPORTPE THE. MCNTHLY SM (TT _'F I 'W i (_D,JSND E1DID /r ��'AC_N11R4REEI(oHT AND7A_DOLE f) THIS CONTRACT IS IN THE NOT TO EXCEED AMOUNT OF TWENTY-F"' THOUSAND THREE HUNDRED AND FIVE AND 0,0/100 DOLLARS ($25,"'305.00). LAPC)RTE A(_"REES TO FURJ\TJISH TO THE PORT, EMERGENCY MEDDCAL SERVICES AT THE PORT' BAx:"O(_',UT'S TERXINAT il I END OF ORDER PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT ORIGINAL. OF THZEVE19UTIVE DIRECTOR RWS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE COUNTY AUDITOR BY REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26.2009 Requested By: Tim Tiefe Department: Planning Report: _Resolution: Ordinance: X Exhibits: Revised Proposed Trail Alignment Map Ordinance Inter -Local Agreement Anaroyriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES _NO SUMMARY On December 8, 2008, Council conducted a workshop on a request by the City of Morgan's Point to utilize a portion of the Donaldson Ave. Right -of -Way as the westernmost leg of its proposed hike and bike trail. On January 26, 2009, Council conducted a public hearing to receive public input regarding the use of a portion of the Donaldson Ave. Right -of -Way for the City of Morgan's Point hike/bike trail. Based upon input received from the January 26, 2009, public hearing, the City of Morgan's Point submitted a new proposal showing another alignment option for a portion of the proposed trail location. On July 13, 2009, Council conducted a workshop on the new proposal by the City of Morgan's Point to place and construct a section of their hike and bike trail system in a portion of the Donaldson Ave. right- of-way within La Porte. At the conclusion of the workshop, Council directed staff to schedule a second public hearing. If Council opts to accept the new proposal, an inter -local agreement is included to facilitate the request. Action Required by Council: 1. Conduct a public hearing to receive input regarding the use of a portion of the Donaldson Ave. right-of-way within La Porte for the City of Morgan's Point to construct a section of their hike and bike trail system. 2. Consider authorizing the City Manager to execute an inter -local agreement with the City of Morgan's Point. Ron BottoiVs, City Manager !0 /�, 0 Date m. ya KA S-.,,OLMES,�iAVE to ORDINANCE NO. 2009- <3Iq-5-- AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR CONSTRUCTION OF A HIKE AND BIKE TRAIL ON DONALDSON AVENUE, WITHIN THE CITY OF LA PORTEI MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT] FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ;'i7 day of , 2009. ATTEST: M t A. G 1 tt City Secretary APPROVED: ark T. Askins Assistant City Attorney CITY OF LA PORTE By: "4 Barry Be sley Mayor 2 INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: This Interlocal Agreement, ("Agreement") is made and entered into by and between the City of Morgan's Point, Texas, ("Morgan's Point"), a municipal corporation, being located in Harris County, Texas, and the City of La Porte, ("La Porte"), a municipal corporation being located in Harris County, Texas, each being organized and existing under the laws of the State of Texas WITNESSETH: WHEREAS, the Port of Houston has undertaken construction of a hike and bike trail located within Morgan's Point city limits, and is desirous of continuing said trail along Donaldson Street, a public right-of-way located within the city limits of La Porte; and WHEREAS, Morgan's Point will be responsible for maintenance of the hike and bike trail upon completion; and WHEREAS, Morgan's Point seeks a right of entry and construction onto the Donaldson Street right-of-way for itself and its authorized agents, representatives, and employees, including but not limited to the contractors acting on behalf of the Port of Houston; and WHEREAS, La Porte has held public hearings on the hike and bike trail, and finds there will also be public benefit to its citizens in the construction of the improvements contemplated herein; and WHEREAS, the parties agree that each has the authority to enter into this Interlocal Agreement, and that the respective rights, duties, and obligations, regarding this joint project are as specified in this Interlocal Agreement; now therefore For and in consideration of the mutual covenants, obligations, and benefits hereunder, the parties do hereby agree as follows: I. The parties find that the recitations and statements set out above true and correct. II. Morgan's Point, its employees, agents and authorized representatives, expressly including contractors working on behalf of the Port of Houston Authority, is hereby granted the right to enter, improve, construct improvements, and maintain certain improvements as further described herein on that certain public right-of-way known as Donaldson Street, for the purposes of constructing a portion of a public hike and bike trail. The Improvements will consist of a paved surface, approximately 20 feet in width, with associated landscaping, or grass improvements and cutting. Upon completion of the construction by contractors for the Port of Houston Authority, Morgan's Point will maintain the Improvements. La Porte shall have no financial obligations for maintenance of the Improvements, unless caused by damage by city vehicles, employees, or in connecting to La Porte's hike and bike trail improvements. This Agreement shall be perpetual. IV. V. La Porte may connect its internal hike and bike trail system to the Donaldson Street Improvements. VI. The parties acknowledge that the work will be conducted in the municipal boundaries of La Porte, and that La Porte will be notified in writing thirty (30) days before work commences. LaPorte shall be provided with copies of all construction plans thirty days in advance of the start of work and shall be allowed fourteen days to review the plans, make comments and request changes. Any requested changes shall be reasonable and related to other plans for the use of Donaldson Street right-of-way with which the plans may interface. VII. This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modification of this instrument shall be of no force and effect by a subsequent modification in writing signed by all parties hereto. This Agreement shall bind and be for the sole and exclusive benefit of the respective parties and their legal successors. IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal force, has been executed on behalf of the parties hereto as follows; to wit: a. It has, on the � day of (' 66't/- , 2009, been executed on behalf of the City of Morgan's Point by its Mayor, pursuant to a motion of the City Council authorizing such execution. ,JIL �` b. It has, on the day of Oe! U�" , 2009, been executed on behalf of the City of La Porte by its Mayor, pursuant to a motion of the City Council authorizing such execution. [Signatures continue on the next page] EXECUTED effective as of the ��day of { d , 2009. ATTEST: Je y Re en, T C Ci Secretary ATTEST: wiav')(_� CLAkw Mai ha Gillett City Secretary CITY OF MORGAN'S POINT, TEXAS Patricia Grimes Mayor CITY OF LA PORTE, TEXAS Marry asley ayo Garrison, Bonnie From: Lee, Peggy Sent: Tuesday, November 10, 2009 10:46 AM To: CSO - Staff Subject: FW: Morgan's Point Hike and Bike Trail Agreement Please file this with the Morgan's Point Hike/Bike Trail Inter -local Agreement, recently approved by City Council. From: Tietjens, Tim Sent: Tuesday, November 10, 2009 10:32 AM To: Ken Bays Cc: Lee, Peggy Subject: Morgan's Point Hike and Bike Trail Agreement Ken, I understand there may be concern about the wording of section III of the agreement regarding the proposed constructed trail width. I interpreted section III of the agreement as drafted by you, to be clear enough in its intent, and therefore did not require any revision. Be that as it may, perhaps a written clarification will help the matter. Please be advised that the City of LaPorte has not, and does not construe the 20 feet reference to mean 20 feet of hike and bike trail pavement surface, but instead 20 feet of surface upon which all components of the trail may be placed, as was intended. The City of LaPorte has no intention of requiring the trail to be constructed with 20 feet of paved width. Our expectation is for a S to 6 foot wide trail and associated grass/landscape material meandering through the easterly 20 feet of Donaldson Street right of way as previously discussed. I trust this will clarify any misconstruction of wording as per our joint interpretation. This message may be attached to the agreement to provide clarification. 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26.20(19 s Requested By: Tim Tietiens u Department: Planning Report: _Resolution: X Ordinance: _ Exhibits: Resolution Letter from TX Comptroller of Public Accounts Auoronriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES _NO SUMMARY The 2009 American Recovery and Reinvestment Act included funding for the Energy Efficiency and Conservation Block Grant Program. The City of La Porte has been allocated $75,000 to develop and implement projects to improve energy efficiency and reduce energy use and fossil fuel emission within the community. Action Required by Council: ;r approval of a Resolution to participate in the 2009 American Recovery and Reinvestment Act's Efficiency and Conservation Block Grant Program. r �t A Ron Bottoms, City Manager Date RESOLUTION 09- 1 1 A RESOLUTION DECLARING THE INTENT OF CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, TO PARTICIPATE IN THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA), FOR THE PURPOSE OF ENHANCING ENERGY EFFICIENCY OF LOCAL FACILITIES. WHEREAS, Congress passed the American Recovery and Reinvestment Act (ARRA) of 2009 and the President signed into law on February 17, 2009, to stimulate the economy and create jobs; and, WHEREAS, ARRA included $3.2 billion in funding for the Energy Efficiency and Conservation Block Grant (EECBG) Program authorized in Title V, Subtitle E of the Energy Independence and Security Act (EISA) and signed into law on December 19, 2007; and, WHEREAS, the purpose of the EECBG program is to, 1) reduce fossil fuel emissions in a manner that is environmentally sustainable, and to the maximum extent practicable, maximize benefits for local and regional communities; 2) reduce the total energy use of eligible entities; and, 3) improve the energy efficiency in the building sector, the transportation sector and other appropriate sectors; and, WHEREAS, the City of La Porte has limited financial resources and desires to support the development of energy efficiency programs; and, WHEREAS, the City of La Porte accepts its allocation and may also accept additional funds that may become available at a later date; and, WHEREAS, the City of La Porte has developed or is interested in developing a EECBG project, which is sustainable and has measurable energy savings, job creation and economic stimulus effects into the city and, WHEREAS, the City of La Porte is determined to support energy efficiency projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development; and, WHEREAS, the City of La Porte intends to comply with all agreed upon contractual requirements of ARRA, the EECBG program and other federal and state law: NOW, THEREFORE BE IT RESOLVED, THAT 1. The City of La Porte, through the City Manager, pursues all EECBG funding made available through ARRA and being allocated by the State Energy Conservation Office to be used to assist in reaching the city's goals of energy efficiency. 2. The City of La Porte continues its commitment toward energy efficiency for the citizens of La Porte and all of Texas. PASSED AND APPROVED this the )Ip day of October, 2009. CITY OF LA PORTE, TEXAS Barry easley, or ATTEST: a A. Gillett, City Secretary APPROVED: --- 4A��- Clark T. AsOns, Assistant City Attorney S U S A N TEXAS COMPTROLLER Of PUBLIC ACCOUNTS C O M B S P.O. Box 13528 • AUSTIN, TX 7871 1-3528 September 22, 2009 The Honorable Alton E. Porter Mayor City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571-6215 Dear Mayor Porter: se 3 ® 2009 CiiY ® SECRETAR 5 I am pleased to inform you that the American Recovery and Reinvestment Act (ARRA) is providing more than $45 million to the State Energy Conservation Office (SECO), a part of the Comptroller's office, for the Energy Efficiency and Conservation Block Grant (EECBG) program. This money will be available to small cities and counties that did not receive a direct allocation from the U.S. Department of Energy (DOE) under this program. In an effort to ensure that the 1,127 cities and 244 counties in Texas that are not receiving direct dollars from DOE are able to benefit from this funding, the money will be redistributed based on a population formula. As a result, it is currently anticipated that your city/county may be eligible for $75,000. The EECBG program, authorized in Title V, Subtitle E of the Energy Independence and Security Act of 2007 and signed into Public Law (PL 110-140) on Dec. 19, 2007, will be funded for the first time under ARRA. The purpose of the program is to provide funds to units of local and state government, Indian tribes and territories to develop and implement projects to improve energy efficiency and reduce energy use and fossil fuel emissions in their communities. At the federal level, the program is administered by the Office of Weatherization and Intergovernmental Programs in the Office of Energy Efficiency and Renewable Energy of DOE.. A comprehensive list of the 1,127 cities and 244 counties that are eligible for these funds can be found on our Web site at www.seco.epa.state.tx.us/arra/eecbg/index.php. In the event that there are eligible communities that chose not to accept the funds, we will reallocate those dollars to the participating cities and counties. Your final potential grant will be outlined in a letter that will arrive when the application is sent to you. WWW.WINDOW. STATE .TX. US 512-463-4000 • TOLL FREE: 1-800-531-5441 • FAx: 512-463-4955 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 2009 Requested By: Stephen L. Barr Department: Parks & Recreation Report: X Resolution: Ordinance: Exhibits: Exhibits: Exhibits: Exhibits: Bid Tabulation. Bid #10003 Bidder's List Recommendation, Huitt-Zollars, Inc. Appropriation Source of Funds: Fund 15 & Fund 44 Account Number: 015-9892-893-1100 044-9892-981-1100 Fund 15 $1,792,945 Amount Budgeted: Fund 44 $ 850,000 Amount Requested: $1,381,148 Budgeted Item: YES X NO SUMMARY & RECOMMENDATION Sealed Bid #10003 for construction of an approximate 6.7 mile bicycle -pedestrian trail on Fairmont Parkway, and sidewalks and extensions on Bay Area Boulevard, and Canada Road for the City of La Porte was sent to twenty contractors. Bids were opened on October 14, 2009 with eight contractors responding. Lucas Construction, Inc. submitted the low bid meeting specifications, for the Base Bid and Supplemental Bid items totaling $1,104,918.50 for construction of the trail segments according to the plans and specifications provided. With the addition of a twenty-five percent contingency of $276,229.50, the total requested for this project is $1,381,148.50. The proposed trail is a major component of the City of La Porte Bicycle -Pedestrian Trail Master Plan, adopted by City Council in 2003. The project will provide a 10' concrete bicycle -pedestrian pathway along the south side of Fairmont Parkway from 8"' Street to the eastern boundary of La Porte at Willow Spring Gulley, and two 8' concrete sidewalk extensions on Canada Road and Bay Area Boulevard between Spencer Highway and Fairmont Parkway. The pathway, when completed, will provide an east -west connector between the cities of La Porte and Pasadena, and also connect to the north -south routes along Bay Area Boulevard and S. Broadway, providing access for citizens and visitors to travel into the La Porte business areas from the western side of the city. The City of La Porte has worked with Lucas Construction, Inc. on several projects, including Pine Bluff Park, and is the prime sub -contractor on the West Side Sports Complex and park currently under construction on Canada Road. The firm has many years of experience in the construction of transportation infrastructure, including parking lots, sidewalks, and bicycle -pedestrian pathways. Council has approved funding for the Fairmont Parkway portion of the project in Fund 15, and funding for the Canada Road -Bay Area Boulevard portions of the project in Fund 44. Fund share from Fund 15 with contingency, is $1,142,957 and fund share from Fund 44 with contingency is $238,191. Both portions of the project are within the budgeted amounts. Staff recommends acceptance of the overall low bid from Lucas Construction, Inc. for construction of the bicycle -pedestrian pathway along the south side of Fairmont Parkway, and sidewalks and extensions on Bay Area Boulevard, and Canada Road for the City of La Porte in the amount of $1,381,148 according to the plans and specifications provided. Action Required by Council: Consider acceptance of the overall low bid from Lucas Construction, Inc. for construction of the icy e-pedestrian pathway along the south side of Fairmont Parkway, and sidewalks and extensions on Bay Area oulevard, and Canada Road for the City of La Porte in the amount of $1,381,148 according to the plans ands ications r vided. A nn nva Fnr f iAr n... 1 A ---A- Ron Date 3 O 3 N O 7 m O a 0 N N n N 3 D) (D N OQ (D C Q C O (D CD d 0' J v n rD A A A A A A. 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Sam Houston Pkwy N. Houston, TX 77041 Lone Star Road Construction, Ltd. 10333 Windfern Houston, TX 77064 Mar -Con Services, L.L.C. P.O. Box 837 Deer Park, Texas 77536 Slack & Co. Contracting, Inc. 10622 South Main St Houston, TX 77025 Brooks Concrete Inc. 4018 Allen Genoa Pasadena, TX 77504 D. L. Meacham L.P. 2102 Haskins Houston, TX 77080 DivisionOne Construction 2855 Mangum Rd., Suite B-105 Houston, TX 77092 Lucas Construction 551 C Link Rd. League City, TX 77573 SpawGlass Civil Const., Inc. 13800 West Road Houston, TX 77041 Comex Corporation P.O. Box 862 Deer Park, TX 77536 Jerdon Enterprise, L.P. 13404 Redfish Lane Stafford, TX 77477 C.F. Jordan, L.P. 9801 Westheimer, Suite 320 Houston, TX 77042 Harvey Builders P.O. Box 42008 Houston, TX 77242-2008 Construction Ltd. 1825 Upland Dr. Houston, TX 77043 Patak Construction, Inc. 1927 Hwy. 146 Kemah, Texas 77565 Angel Brothers Enterprises, Ltd. P.O. Box 570 5210 West Road D&W Contractors, Inc. P.O. Box 1075 Channelview, Texas 77530 Durwood Green Construction Co., Inc. P.O. Box 1338 Stafford, Texas 77477 BHR-Garver Construction, LTD. 7600 Santa Fe Drive, Bldg. Al Houston, Texas 77061 Huff & Mitchel, Inc. 16410 Huffmeister Cypress, Texas 77429 HuirrzoLLARs October 16, 2009 Mr. Stephen L. Barr Director of Parks & Recreation City of La Porte 1322 South Broadway La Porte, Texas 77571 Ref; Pedestrian Bike Trail System Sealed Bid No. 10003 Letter of Recommendation for Construction Contract Award Dear Mr. Barr: Huitt-Zollars, Inc. (HZ) has reviewed the eight (8) bids submitted on the referenced project. Attached is a copy of the bid tabulation for the eight bids received. There were mathematical errors on the second and third lowest bidder; however, it did not affect the final rankings. Lucas Construction Company Inc. submitted the lowest bid of $1,104,918.50. HZ has reviewed the bids and feels the bid prices are appropriate for the work involved. Lucas Construction was pre -qualified for this project. Thus, we recommend that the City of La Porte award the contract based on the low bid of $1,104,918.50 to Lucas Construction Company Inc. Should you have any questions, or require additional information please call or email (edepau(ahuitt-zollars.com). Sincerely, Huitt-Zollars, Inc. Emmanuel De Pau, .E. Project Manager .�1Q�E OF TFk 1@0 •.fir ••ENIMAIUl1EL..DE PAU .% ... •o=. 82627 . 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(D 1 3 m (i (D 0 m CL Q 0 =T o -n m c -n cn e 0 ,i ce o, ° v O N w (p Q P. N N .C... = En C) N 0) n � � 1 A � O Z w c a y =T a C CD o CD O 0 CD CD r N W A O CA cn O ((n CO71 O O O mmmcnr-rD c o DDD 3 (_ w � Cl) r N 0 D fD 0 c�i,o(Niiw�o(wi, ;K O O O O N OD O O O O O O O O Ro n O 0 3 W A CA -4 v N (D v W W N 9A -I -C O .A N O O O O N (n O O O O O O O O O O o: C N A O O ti D O O O CD 0 0 m O O O A �I O m 00000cno v In o Z N � CD A N N N w m -� N CA 3 (D O _ N CCn O W c77 OND O N CD O 0 0 0 CD Cn —I O n O O O O O O O O O W v D W c O Z O O 0 w 'O m v m cn D Z 03 m Y_ r 13 REQI-WS11 FOR CITY COUNCIL AGENDA 1TT,M Agenda Date Requested: Oct er 2 2009 Requested By: Ron Bottoms \ AOL Department: Administration Report: Resolution: Ordinance: Exhibits: Sylvan Beach Pavilion Termination Letter Exhibits: Sylvan Beach Lease with Harris County Exhibits Budizet Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Attached is a letter to Harris County terminating our lease agreement on the Sylvan Beach Pavilion. I also asked Knox and Clark to examine the lease terms and evaluate any ramifications to the City for terminating the lease. The legal opinion is that our exposure is limited to the insurance proceeds we received, roughly $70,000, from Hurricane Ike damages. It's always possible that Harris County could assert additional requirements. Action Required by Council: Council take action regarding terminating the Sylvan Beach Pavilion lease with Harris County. A Ron Manager Date F TEXAS City of La Porte Established 1892 October 27, 2009 Hon. Sylvia Garcia Commissioner, Precinct 2 Harris County Commissioners Court Harris County Administration Building 1001 Preston Avenue, Suite 950 Houston, TX 77002 Harris County Commissioners Court Harris County Administration Building 1001 Preston Avenue, 9th Floor Houston, TX 77002 ATTN: CLERK OF COMMISSIONERS COURT via courier via registered mail/rrr Re: Lease of 5.835 acres of land, Sylvan Beach Park Site, La Porte, Texas, Precinct 2, Dated July 1, 1986, between Harris County, as Lessor, and the City of La Porte, as Lessee. Dear Ms. Garcia and Clerk of Commissioners Court: The City Council of the City of La Porte, at its regular meeting of October 26, 2009, authorized this letter to Harris County, in connection with the above referenced Lease. Pursuant to paragraph XIX of the Lease, which provides that "City may terminate the term of this agreement, without cause, at any time by giving to County at least ninety (90) days written notice of its intention to do so, specifying therein the effective date of such termination," this letter shall serve as ninety (90) days advance written notice, of the intention of the City to terminate this Lease on February 1, 2010. Pursuant to paragraph XVI of the Lease Agreement, which provides that "City will also maintain fire and extended insurance coverage on the pavilion building, written on the Texas Standard Form of policy, in the amount of the full insurable value of the pavilion building, with loss payable to the City and the County as their interest may appear," the City insured the building for its full insurable value of $2,802,900.00. The City of La Porte received the sum of 569,461.88, from Texas Municipal League Inter Insurance Exchange, for damages under its fire and extended coverage insurance policy. 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 Commissioners Court October 27, 2009 page 2 As you know, the Pavilion Building suffered damage due to Hurricane Ike, on September 13, 2008. Pursuant to paragraph XVIII of the Lease, the City of La Porte exercises its option that "County has the right, but not the obligation, to remove the pavilion building and other debris from the leased premises, in which event, City will reimburse County, from the proceeds of the casualty insurance policy, County's actual expense incurred in clearing the site." In the event County elects to remove the pavilion building and other debris from the leased premises, City will remit to County the sum of $69,461.88, the proceeds of the City's casualty insurance policy, in full satisfaction of the City's obligations under the Lease. The City of La Porte regrets that it is necessary to cancel this Lease. The City looks forward to working with you, and the Harris County Commissioners Court, on other matters of mutual interest in the future. Vursery truly, LAO TE By: Ron Bottoms City Manager RB:sw CC: Hon. Mayor & City Council City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 c A G R E E M E N T THE STATE OF TEXAS COUNTY OF HARRIS THIS AGREEMENT made and entered into pursuant to the Interlocal Cooperation Act (Art. 4413(32c) V.T.C.S.] and Article 6081t, V. A. C. S., by and between the City of La Porte, a municipal corporation under the laws of the State of Texas, hereinafter referred to as "the City," and Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "the County;" W I T N E S S E T H• WHEREAS, it is to the mutual benefit of the City and the County to provide public parks for the residents of the City and the County; and Whereas, the City desires to maintain a public park on certain hereinafter described lands owned by the County and located in the City of La Porte; and WHEREAS,' the County is willing to permit the City to use the said lands for such park purpos NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I Subject -to the terms and provisions hereinafter set forth, County has rented and leased, and by these presents does rent and lease, unto City, its successors and .assigns, for a term of forty (40) years, beginning January 1, 1986, and ending December 31, 2025, (unless sooner ended in accordance with the provisions hereof), the following described premises situated in Harris County, Texas, to -wit: Beginning at a point in the East right-of-way line of Bayshore Drive from which a five -eights inch iron bar bears South 81 degrees 28154" West a distance of 97.09 feet, said iron bar marking the Northeast corner of Block 49 of the Sylvan Beach Subdivision as recorded in Volume 3 at Page 72, said iron bar being in the West right-of-way line of Bayshore Drive (80 feet wide) at Circle Drive. Thence North 26 degrees 00' 00" East along the said East right-of-way line of Bayshore Drive, as fenced, a distance of 200.00 feet to a point for an angle to the left; Thence North 8 degrees 26' 18" East along said fence, a distance of 143.17 feet to a point for an angle to the right; Thence North 14 degrees 05' 07" East along said fence, a distance of 44.50 feet to a gate post for corner; Thence North 86 degrees 26' 52" East, leaving said fence, along a line 0.80 feet South of an parallel to a paved driveway, a distance of 81.62 feet to a point for corner; Thence North 26 degrees 00' 00" East along a line established by the back of curb of a traffic island beginning at 36.00 feet and ending at 44.00 feet, in all a distance of 130.81 feet to a point in the back of curb of a parking lot for corner; Thence South 64 degrees 00' 00" East a distance of 4r65feet e--cepeint Per- e9rner on the Raysido of a wooden bulkhead; Thence in a Southwesterly direction along the meanders of the Bayside of said wooden bulkhead a distance of 551.11 feet to a point for corner; Thence North 64 degrees 00' 00" West, a distance of 455.15 feet to the POINT OF BEGINNING and containing 254,107 square feet (5.8335 acres) of land. II (A) As rental for the use of said leased premises, City covenants and agrees to pay County, without demand, at the office of County Treasurer, Harris County, Texas, the sum of FIVE THOUSAND SEVEN HUNDRED FORTY-SIX AND 33/100 ($5,746.33) DOLLARS per year. (B) City shall operate and manage all concessions and collections of receipts on the premises. Provided, however, the City may enter into concession agreements or other agreements with other parties for concessions and collections of receipts on the leased premises only with the prior written approval of the Commissioners Court of Harris County, and such agreements will not be effective until the terms and conditions thereof are approved by the Commissioners Court of Harris County. The amount of any fees and all rates and prices charged shall be subject to -r the prior approval by the Commissioners Court of County. City and its concessionaires shall post a schedule of such fees, rates and prices at all times in a conspicuous place on the premises. III The above indicated payments shall be due and paid by City to the County annually, on or before the 15th day of February of each year following each calendar year during which this agreement is in effect for the whole calendar year or any portion thereof. Provided, however, that the payment for the first two years of the term of this agreement shall be due and paid by City to the County on or before the 15th day of February following the second calendar year during which this agreement is in effect for the whole calendar year or any portion thereof. During the forty year term of this agreement, City shall be allowed as a credit against the annual rent due the sum of one -fortieth (1/40th) of the amount expended by City in making the necessary restoration and repairs to the existing pavilion building, during the first twenty (20) months of the term hereof, as provided in Paragraph IV below. In the event the credit in the amount of the said one - fortieth (1/40th) of the amount expended by the City in making the necessary restoration and repairs to the existing pavilion building, as set out in Paragraph IV below, exceeds the amount of rent for such calendar year, or portion thereof, the County shall have no obligation to pay the difference to the City, and such calculation shall be made each year during the term of this agreement, without regard to the amoiini- of rent for any Prior or subsequent year. If this agreement is terminated or expires at any time other than at the end of a calendar year,. the payment for that portion of the calendar year shall be due and payable within forty-five (45) days after such termination or expiration. All late payments will bear interest at the maximum legal rate of interest. IV Within 180 days of the date of execution of this agreement, City shall commence the following restorations and repairs of the pavilion building and will proceed diligently until completed, and will complete said restorations and repairs not later than twenty (20) months from the date of commencement of the term of this agreement. a. Clean the sump pumps, the pump house, and the sump lines and restore same for proper use; placement; b. Replace any steel beam and column in need of re- c. Restore the lower level entry of the pavilion building to original condition; d. Grout the concrete beams where steel rebars are exposed; r e. Repair as necessary all electrical service and equipment and check for safety and proper operation; f. Perform extensive repairs to the roof; g. Replace all broken glass; h. Repair all damaged exterior entry doors; i. Remove all asbestos ceiling surfaces in the central ballroom and replace with non -asbestos acoustical plaster. j. Conduct a complete gas pressure test on the entire gas pipe system and repair any discovered leaks; k. Repair the existing levee; 1. Provide a separate water line and electrical meter for the pavilion building. In making the restoration and repairs described in this paragraph, City shall expend not less than the sum of $229,853.33. U City shall not make any additional improvement, additions or alterations to the existing pavilion not provided for in Paragraph IV above without the prior written consent of County. In the event City desires to make any changes, additions or additional improvements, City shall submit written plans and specifications for same to the County Engineer for approval. Minor changes and repairs costing less than the sum of $1,000.00 may be made without the consent of the County, however, City will furnish • L ten deeamentation of said minor changes to the County Engineer. VI .City will neither place, nor cause to be placed, any sign, projection, advertisement, or device of any kind whatsoever in said park or upon the sidewalks or streets adjacent thereto, _ without the prior written consent of the Commissioners Court or the County Commissioner in whose precinct the park is located. City shall remove any and all said signs, projections, advertisements or devices within thirty (30) days after termination of the lease, whether by expiration of the term or for any other reason. VII City will maintain in good repair the pavilion, parking lot, fences, pump house, sump pumps, and all the other areas of the leased premises and will furnish and maintain in good repair all equipment necessary for the operation of the pavilion and other areas of the premises. County shall have the right to enter upon the leased premises at any time for the purpose of inspecting the pavilion or other improvements located thereon to insure that City is properly maintaining same. VIII The parking lot adjoining the leased premises may be used by both the County and the City. IX County shall have the right, but not the obligation, during the first year of the term of this lease and at ten year intervals thereafter, to level up and re -surface the said parking lot adjoining the leased premises. In the event County does level up and resurface the said parking lot adjoining the leased premises, City shall reimburse County one-half of the actual cost thereof within thirty days of notice by the County to City that said work has been completed. X It is understood that the leased premises shall be open to the public for the purposes of having parties, dances, meetings and other social events and any other lawful purposes during reasonable operating hours, and for no other purpose except as may be approved, in advance, in writing by the County. City shall have the right to set reasonable and uniform fees for use of the improvements on the leased premises during the term of this lease. Neither City nor County shall make any charge for parking at Sylvan Beach Parksite, however, City may grant a valet parking concession to a qualified consessionaire as part of City's operation, but no part of County's adjacent parking facility shall be designated, set off, or set aside for priviledged or exclusive use by the said valet parking concessionaire. XII During the term of this lease, City shall pay all utilities used at the leased premises. XIII During the term of this lease, City shall pay any applicable local, state and federal taxes incident to the operation of the leased premises. ,T Ko City shall provide police and fire protection at the leased premises. XV City shall not assign or sublet its leasehold interest in the leased premises without the prior written approval of County. XVI City agrees to purchase and maintain during the term of this agreement a comprehensive liability insurance policy to cover City and County for any liability in connection with the use of the leased premises with coverage in the amounts of not less that ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for injuries or death to any one person, not less that THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for injuries or death to more than one person in any one accident or occurrence and not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for damage to or destruction of property in any one accident or occurrence, or in the amounts of the County's maximum limitation of liability under the Texas Tort Claims Act. City will also maintain fire and extended insurance coverage on the pavilion building, written on the Texas Standard Form of policy, in the amount of the full insurable value of the pavilion building, with loss payable to City and the County as their interests may appear. City shall furnish the County either the original policies or certificates that such insurance is in full force at all times during the term of this agreement. XVII City shall not allow any liens or any other encumbrances to attach to the leased premises. XVIII In the event of damage or destruction of the leased premises, whether partial or total, City may elect to restore the improvements, using the proceeds of the casualty insurance policy, plus other funds as necessary, or City may elect to terminate the lease, in which event City will apply the proceeds of the casualty insurance policy to remove the pavilion building and other debris from the leased premises to the extent necessary to clear the site, and thereafter any remaining insurance proceeds may be used by Lessee for any other purpose, or, upon City's request, County has the right, but not the obligation, to remove the pavilion building and other debris from the leased premises, in which event, City will reimburse County, from the proceeds of the casualty insurance policy, County's actual expense incurred in clearing the site. XIX City may terminate the term of this agreement, without cause, at any time by giving to County at lease ninety (90) days advance written notice of its intention to do so, specifying therein the effective date of such termination. County may terminate this agreement if and in the event the City fails or refuses to perform any one or more of its obligations which are to be performed during the term of this lease, or allows any form of immorality or conduct offensive to the public to go unchecked, or for ordinary mismanagement of the pavilion building or any other area of the leased premises, or for permitting deterioration of any part of the leased premises by failure to maintain and keep same in a proper state of repair. County shall not take any action or recourse against the City for any default in the performance of the City's obligations, or any breach of this lease agreement by the City, until thirty (30) days after County has given City' written notice setting out in detail the type and nature of the default or breach, and the failure of City to cure such default or breach within such thirty (30) day period. XX Any nni-ice permitted or required to city may b-e- given by depositing the same in the United States mail, registered, return receipt requested, with postage and registry fee prepaid, and addressed to City at the following address, to - wit: City of La Porte P. O. Box 1115 LaPorte, Texas 77571 Attention: Mayor Any notice permitted or required by City to County shall likewise be in writing and shall be delivered or deposited in the United States mail, registered, return receipt requested, with postage and registry fee prepaid, addressed to the County at the following address, to -wit: Harris County Harris County 1001 Preston, Houston, Texas Attention: Commissioners Court Administration Building 9th Floor 77002 Clerk of Commissioners Court. XXI At the termination of this Agreement, whether by lapse of time or under any of the conditions or provisions contained herein, the pavilion building and all other improvements in the leased premises will become the property of the County, and -City will peaceably and quietly yield up and surrender the said leased premises to the County. - 1 XXII. County reserves the right 'to grant permits and easement across the leased premises for the purpose of providing utilities, provided, however, that such utilities do not unreasonably interfere with the City's use of the premises. XXIII In the event of condemnation of the premises or a portion thereof, each party hereto shall recover the value of its interest. XXIV This instrument contains the entire Agreement between the parties relating t*o the rights herein granted and the obligations herein assumed. Any representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent modification in writing sign IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts, each to have the force and effect of an original as follows: (aee e ) It has bxecuted on behalf of the County of the /day of 1986, by the County Judge of Harris wa County, Texas, pur nt o an Order of the Commissioner's Court of Harris County, Texas, sitting as the governing body of Harris County, authorizing such execution; and (b) It has been executed on behalf of the City of the 28th day of April, 1986, by its Mayor and attested by its City Secretary, pursuant to Resolution of the City Council of the City of La Porte, authorizing such execution. ATTEST: CHERIE BLACK, City Secretary CITY OF LA PORTE NO MAN L. MALONE, kayor COUNTERSIGNED: THOMAS KEILMAN City Controller APPROVED AS TO FORM: MIKE DRISCOLL County Attorney WILLIAM R. BRUYERE Senior Assistant County Attorney HARRIS COUNTY a, �42, - JqR LINDSAY County Judge ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS COUNTY OF HARRIS On this, the �� day ofIA3U , 1986 the Commissioners Court of Harris County, Texas, sitting as the governing body o Harris County, Texas, upon motion of Comissioner�nA� , seconded by Commissioner duly put and carried, IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to execute an Agreement between Harris County and the City of La Porte for the lease of 5.8335 acres of land at the Sylvan Beach Park,.upon the terms and conditions as provided for in this Agreement being hereby referred to and made a part hereof for all purposes as though fully set forth herein. rrn! TIC C�71�.fi`viISSlOP��S W��Z W.nnlsd Vol. _Page �N C74n L to GR0CLfiF_ a uF_ z ** C O U N T Y C L E R K N9TFOFS��i HARRIS COUNTY, TEXAS December 9, 1986��c{ City of LaPorte Mayor Norman Malone P.O. Box 1115 LaPorte, Texas 77571 Gentlemen:. ; Enclosed is your fully -signed original of the Agreement with Harris County for the following: Amendment to Agreement between Harris County and the City of La Porte regarding Sylvan Beach Park an you or your coopera ion. Sincerely yours, Anita Rodeheaver, County Clerk and Ex-Officio Clerk of Commissioners Court of Harris County, Texas. B 11�i -,Y-,) 0 c Kevin Mauzy, DepartmenQTi , Commissioners Court Department (221-6400) AR: KM: acc enclosure 1001 PRESTON, 4TH FLOOR • P.O. BOX 1525 9 HOUSTON, TEXAS 77251 • 7131221.6411 AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS COUNTY OF HARRIS THIS AMENDMENT TO AGREEMENT made, entered into and executed by and between the County of Harris, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "the County", and the City of La Porte, a municipal corporation under the laws of the State of Texas, hereinafter referred to as "the City"; W I T N E S -S E T H• WHEREAS, the County and the City have previously entered into an Agreement for the restoration and repair of the pavilion building and other improvements at Harris County Sylvan Beach Park, dated July 1, 1986, hereinafter called "the Agreement"; and WHEREAS, it has become apparent that the pavilion building contains more extensive asbestos material than was originally contemplated by the parties hereto; and WHEREAS, it has also become apparent that the roof and vinyl floors in the pavilion building are in need of complete replacement, which was not contemplated by the parties hereto; and WHEREAS, it has also become apparent that one or more underground gasoline storage tanks will have to be removed from the premises; and WHEREAS, the County desires for the City to install a fire alarm station in the pavilion building; and WHEREAS, the County also desires for the City to construct hand rails around the wooden deck of the pavilion building; and WHEREAS, the County desires for the City to replace the said roof and vinyl floors, remove all asbestos material in the pavilion building and remove the underground storage tanks, in addition to installing the fire alarm station and hand rails; and WHEREAS, the City is willing to perform the above described additional work provided that it receives compensation for said work; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I Section IV of the said Agreement which reads as follows: "Within 180 days of the date of execution of this agreement, City shall commence the following restorations and repairs of the pavilion building and will proceed diligently until completed, and will complete said restorations and repairs not later than twenty ( 20 ) months from the date of commencement of the term of this agreement. a. Clean the sump pumps, the pump house, and the sump lines and restore same for proper use; b. Replace any steel beam and column in need of replacement; C. Restore the lower level entry of the pavilion building to original condition; d. Grout the concrete beams where steel rebars are exposed; e. Repair as necessary all electrical service and equipment and check for safety and proper operation; f. Perform extensive repairs to the roof; g. Replace all broken glass; h. Repair all damaged exterior entry doors; i. Remove all asbestos ceiling surfaces in the central ballroom and replace with non -asbestos acoustical plaster. j. Conduct a complete gas pressure test on the entire gas pipe system and repair any discovered leaks; k. Repair the existing levee; 1. Provide a separate water line and electrical meter for the pavilion building. In making the restoration and repairs described in this paragraph, City shall expend not less than the sum of $229,853.33." is hereby amended to read as follows: "Within 180 days of the date of execution of this agreement, City shall commence the following restorations and repairs of the pavilion building and other area within the leased premises, and will proceed diligently until completed, and will complete said restorations and repairs not later than twenty (20) months from the date of commencement of the term of this agreement. a. Clean thesump pumps, the pump house, and the sump lines and restore same for proper use; 2 b. Replace any steel beam and column in need of replacement; C. Restore the lower level entry of the pavilion building to original condition; d. Grout the concrete beams where steel rebars are exposed; e Repair as necessary all electrical service and equipment and check for safety and proper operation; f. Replace the entire roof; g. Replace all broken glass; h. Repair all damaged exterior entry doors; i. Remove all asbestos material in the pavilion and replace with non -asbestos acoustical plaster material; j. Conduct a complete gas pressure test on the pipe system and repair any discovered leaks; k. Repair the existing levee; 1. Provide a separate water line and electrical the pavilion building; M. Replace all flooring with new vinyl flooring; n. Remove all underground storage tanks; o. Install a fire alarm station; p. Construct hand rails around wooden deck. building and other entire gas meter for In making the restoration and repairs described in this paragraph, City shall expend not less than the sum of $229,853.33.11 The parties agree to share the cost of repairing and restoring the pavilion building and other improvements to the leased premises, up to a total cost of $269,853.33, with each party being obligated for a percentage of the total cost, as follows: City of La Porte - 85.18% ($229,853.33) Harris County - 14.82% ($40,000.00) III Within thirty (30) days after the execution of this amendment, the County shall deliver to the City Treasurer its check, payable to the City of La Porte, in the amount of $40,000.00,' said amount being the County's share of the restoration and repairs of the said pavilion building and other improvements to the leased premises. IV From time to time, until completion of the restoration and repair of the pavilion building and other improvements to the 3 leased premises, the City shall invest the unexpended portion of the sum paid by County to City pursuant to paragraph III hereof, which is not needed to meet obligations due or contemplated to be due within sixty (60) days, in federal obligations or interest - bearing time deposits. Upon completion of construction of the restoration and repairs of the pavilion building and other improvements to the leased premises, or at the end of twenty-one (21) months from the date of commencement of the term of the agreement, whichever occurs first, the City shall perform or cause to be performed a final accounting. If the sum paid by the County to the City hereunder, including interest earnings thereon, exceeds an amount equal to 14.82% of the final cost of the restoration and repairs of the pavilion building and other improvements to the leased premises, the City shall pay over the amount of such excess to the County. V The sum paid by the County to the City pursuant to paragraph III above will not be used by the City for any purpose other than paying for the County's 14.82% share of the cost of the restoration and repairs of the pavilion building and other improvements to the leased premises, so that each cost or expense in connection with the said repairs and restoration will be paid by the City using 14.82% County's funds and 85.18% City's funds. VI In the event of termination of the term of the agreement pursuant to paragraph XIX thereof during the first twenty (20) months after the date of commencement of the agreement, the City will refund to the County that portion of the funds paid by the County to the City pursuant to paragraph III of this amendment, along with any interest earned on said money, which has not been expended for the County's 14.82% share of the cost of repairs and restoration of the pavilion building and other improvements to the leased premises. VII It is expressly understood and agreed that the County has appropriated and has available the maximum sum of $40,000.00 to satisfy its obligations under this amendment, and that City has appropriated and has available the sum of $229,853.33 to satisfy its obligations under this agreement. It is further understood that the City may, but shall not be obligated to, expend funds for the repair and restoration of the pavilion building and other improvements to the leased premises over and above the sum of $229,853.33. 4 VIII The City agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto and will comply with all applicable state, federal, and local laws, ordinances, rules, and regulations relating to the work to be performed hereunder. IX All other terms and provision of the Agreement shall remain in full force and effect as originally written. IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts, each to have the force and effect of an original as follows: (a) It ha-s 10eQn executed on behalf of the County on the — M. day of 1986, by the County Judge of Harris County, Texas, pursuant to an Order of the Commissioners Court of Harris County, Texas, sitting as the governing body of Harris County, authorizing such execution; and (b) It 1jas been executed on behalf of the City on the day of L-1 , 1986, by its Mayor and attested - — -- —— —j .. --- ....._ 1 , t ..a �,..aaia� %.W vi uia. ialt%-= vt wit:C l.1Ly C.Ol1I1C:1.r of the City of La Porte, authorizing such execution. ATTEST: CITY OF LA PORTE CHERIE BLACK RMAN MALONE City Secretary Mayor CO' TERSIGNED: ROBERT STEW RT. City Controller APPROVED AS TO FORM: MIKE DRISCOLL County Attorney By WILLIAM R. BRUYEpt Senior Assista County Attorney A COUNTY OF HARRIS By J N INDSAY, County udge AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $40,000.00 to accomplish and pay the obligation of Harris County under this amendment. . F. FLACK, Co ty Auditor A ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS COUNTY OF HARRIS On this, the day of('�,J 1986, the Commissioners Court of Harris County, Texas, sitting as the governing body f Harris County, Texas, upon motion of Co 'sinner �. pr,seconded by Commissioner �1 , duly put and carried, IT IS ORDERED that County Judge Jon Lindsay be, and lie is hereby, authorized to execute an Amendment to Agreement between Harris County and the City of La Porte for the lease of 5.8335 acres of land at the Sylvan Beach Park, upon the terms and conditions as provided for in said amendment being hereby referred to and made a part hereof for all purposes as though fully set forth herein. c'resenied To OCT 2O;a,� Recorded Vol- .Rage_.......... 14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 26, 2009 Requested By: D. Wilmore1P$1V Department: Planning Report: X Resolution: Ordinance: Exhibits: Highlight Memo on Inspection Division Activities Exhibits: Exhibits Bud et Source of Funds: Account Number: Amount Budgeted: _ Amount Requested: Budgeted Item: YES SUMMARY & RECOMMENDATION Attached is a staff report highlighting Inspection Division activities.. Action Required by Council: Re ive staff report �D/it 169 Date Memo To: Mayor and City Cowc%4V From: Debbie S. Wilmore, Chief Building Official CC: Ron Bottoms, City Manager, John Joerns, Assistant City Manager; and Tim Tietjens, Director of Planning Date: 10/15/2009 Re: Highlight Memo on Inspection Division Activities The following is our monthly report on some of the highlights of the Inspection Services Division. Staff assisted the Police Department in a welfare concern case at 1400 N. I e Street. • Following a welfare concern report, an officer had PD Dispatch send an e-mail to us to assist in the matter. We contacted the Park Manager and it was discovered that the individual was not a tenant. • Turns out a "relative" left the gentleman (with limited abilities) unattended in a trailer that had no utilities, food or water. The manager provided food/water to the individual but was unable to locate the relative. Police staff advised us to have the park manager contact PD and request assistance from Adult Protective Services. • Later, the manager updated staff that the relative was found and that the individual and their relative have now rented a space and is fully connected to utilities. A "thank you" from the owner of 615 N. Hghway 146. • Staff worked closely with the owner and contractor on development of a new utility trailer business. The job went very well and at the close of the project, the owner took the time to send staff an e-mail thanking us for all our help during the construction of his new office. 15 0 REQU OR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Oc her 26 009 Requested By: Ron Bottoms Department: Administration Report: Resolution: Ordinance: Exhibits: CIP summaries Exhibits: Exhibits SUMMARY & RECOMMENDATION During the work session staff will update the Council on our various CIP projects. Action Required by Council: Receive report. Ron Bottoms, City Manager `a `G i Date 2008-2009 YEAR-END CIP REPORT PUBLIC WORKS Project 669 — Sanitary Sewer Rehabilitation PROJECT DESCRIPTION In May of 1993, the City filed a proposed schedule with the EPA for the investigation and rehabilitation of the sanitary sewer system. The City, through the use of in-house and contract labor, has been systematically working through the system to identify and correct sources of inflow, as well as repair structurally inadequate collection facilities. Additional work may be identified and accomplished through contract or force account. Addition or replacement of minor equipment may be purchased as needed to carry out the program. WORK COMPLETED In -House Projects • Remove/Replace Sewer Main(linear feet) 1,045 • Point Repairs (each) 68 • Manhole Inspections (each) 568 • Manhole Repairs/Rehab/Replace (each) 72 • Sewer Main Smoke Testing (linear feet) 68,802 • Sewer Main Cleaning (linear feet) 55,750 • Sewer Main Televising (linear feet) 17,041 Contracted Projects • Sewer Main Cleaning/Televising (linear feet) 2,093 • Manhole Rehabilitation (vertical feet) 1,892 • Sewer Main Sliplining (linear feet) 6,170 • Reconnect Residential Services (each) 108 PROJECT 872 — CONCRETE STREET RESTORATION PROJECT DESCRIPTION The Concrete Restoration Project is designed to rehabilitate existing concrete streets that have experienced settlement and joint displacement. The process involves pumping material beneath sunken slabs, raising them to the original profile and elevation. This process will also be used to level sunken curb lines to reestablish drainage flow. This process now has several vendors, using similar techniques. It is anticipated that the Project will be an ongoing program. WORK COMPLETED 1. 10410 — 1042 Quiet Hill (curb line) 2. Farrington @ Quiet Hill on Quiet Hill @ intersection. 3. 10453 Collingswood @ Old Hickory (curb line). 4. 10459 Collingswood @ Old Hickory (curb line). 5. Old Hickory @ Winding Trail. 6. Concrete alley between Belfast and Carlow Lane. 7. West D between South 3d & 4th on the south side of street. 8. West D between South 4th & 5th. on the south side of street. 9. West D between South 5th & 61h on the south side of street. THIS PROJECT IS COMPLETE Project 880 — Utility Equipment Replacement PROJECT DESCRIPTION Ongoing improvements to various utility sites, including replacement of motor controls, pumps, motors, chlorinators & other equipment. Specific projects are as follows: WORK COMPLETED • Replace Fairmont Park booster pump • Replace fence at LS 11, 12 & 37 • Replace two (2) rotor gear boxes (WWTP) • Replace Golf Course control panel (WWTP) THIS PROJECT IS COMPLETE Project 898- In-house Waterline Replacement PROJECT DESCRIPTION In-house utility forces will construct all waterline replacement. No engineering anticipated. WORK COMPLETED • 800 Blk of S. 1st & 2nd from W. "H" St. to W. "G" St 400ft • 800 Blk of S. 1st & S. Broadway from W. "H" St. to W. "G" St. 400ft • 200 Blk of N. 1 st & N. Broadway from W. Polk to W. Adams 500ft • 300 Blk of N. 1st & N. Broadway from W. Adams to W. Tyler 500ft • 100 Blk of N. Iowa 500ft • 1000 block of San Jacinto 460ft THIS PROJECT IS COMPLETE Project 933- Sens Road Utility Relocation — Phase II Construction PROJECT DESCRIPTION The upcoming widening of Sens Road from Spencer Highway to North P Street will require the relocation of existing water distribution and wastewater collection lines. Preliminary Engineering has been completed. Final design is currently underway. With the completion of the Bay Area Blvd, Trunk Sewer in FY 2004-05, the potential to eliminate lift stations in the eastern portion of Northwest La Porte will be incorporated in the relocation effort. Phase II of the project will fund the actual construction. The project is necessary to relocate existing utilities to allow the Sens Road widening to occur. WORK COMPLETED Prequalifcation complete. Final bid documents complete. Project has been on hold pending resolution of proposed improvements to North L Street from Sens Road to Underwood Road. Additional holdups included resolution of ROW issues in conflict with private utility relocations and obtaining approvals from pipeline operators in conflict areas. Approval obtained from all pipeline companies. Submitted plans and specifications to Harris county for final approval. Expect to bid this Project in next quarter. Project 934 — Spenwick Water System/Upgrade (Phase II) PROJECT DESCRIPTION The water system serving the Spenwick area is two separate systems. Originally, Spenwick was served by small lines in the rear yards. The County constructed new, larger lines in the 80's, to improve pressures and fire protection, but the service connections were never changed to the new lines. Additionally, not all streets were served by the new lines. WORK COMPLETED THIS PROJECT IS COMPLETE Project 938 —Aeration Improvements PROJECT DESCRIPTION The Wastewater Treatment Plant has been evaluated for future needs, with approximately $6M in improvements identified, including engineering. WORK COMPLETED The Project is substantially complete. The Engineer was directed to design switchgear for all three (3) electrical services serving the Plant. The Contractor has submitted a proposed Change Order to install switchgear for the new service currently under construction. This CO has been approved. Preliminary electrical work is underway, with delivery of switchgear and installation expected in the next quarter. Project 944 — Municipal Court Building PROJECT DESCRIPTION This Project involves the design of the new Municipal Court Facility, to be located adjacent to the recently completed Police Department Facility. WORK COMPLETED THIS PROJECT IS COMPLETE Project 949— Public Works Facility Rehabilitation — Phase II PROJECT DESCRIPTION The existing Public Works facility is in excess of 25 years old. The building, a steel frame with metal sheathing has deteriorated over the years. The roof leaks, walls have rusted through & the insulation is ruined in many areas. Phase I of the project, removal of the existing metal roof & associated trim & install a new metal roof with 3 inch insulation, is complete. Phase II of the project is to remove & replace existing wall panels & insulation. Additionally, switch gear will be added to the electrical service to provide for the connection of a portable emergency generator. WORK COMPLETED THIS PROJECT IS COMPLETE Project 952 — Lift Station #38 Rehab PROJECT DESCRIPTION This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as recommended by engineering evaluation. The Project includes the rehabilitation of the existing wet well, and the replacement of existing pumps and motors. WORK COMPLETED THIS PROJECT IS COMPLETE Project 953 — Lift Station #6 (Design Only) PROJECT DESCRIPTION As recommended in the May 1984 Comprehensive Wastewater Collection and Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station Facilities Report, and the 2000 La Porte Comprehensive Plan a large diameter trunk sewer was constructed along the west side of Bay Forest Golf Course to south of McCabe Road. The project included a proposed lift station at the intersection of Taylor Bayou and McCabe Road. In August 2002, La Porte secured easements for trunk sewer which began construction in 2007. The construction of this line will allow the development of approximately 300 acres of land. Corresponding to the culmination of this project, the receiving Lift Station #6 requires upgrading to complete the project. WORK COMPLETED Design is complete. Currently working with Harris County Flood Control to exchange lots owned by the city for lots owned by HCFCD to site the new lift station. Construction of this facility is not anticipated until development occurs in South La Porte in the new and proposed subdivisions surrounding the Bay Forest Golf Course. Project 955 — SCADA System PROJECT DESCRIPTION This Project involves the replacement of the twenty year old SCADA system that provides for control of the LPAWA system. The system has failed completely, and parts are no longer available. Water Production staff currently operates the system manually. WORK COMPLETED THIS PROJECT IS COMPLETE Project 967— Asphalt Overlay PROJECT DESCRIPTION This project is an additional program to enhance the Street Sales Tax Projects. While these funds were used in 07-08 to provide for overlay, the use of these funds in the 08-09 fiscal year is planned for concrete street replacement. This project will provide for the overlay of streets utilizing general fund revenue. It is anticipated that the sales tax will be utilized in the 09-10 budget year for this program. The estimated cost is $949,050. The remaining $50,000 is for engineering, testing and contingency. WORK COMPLETED THIS PROJECT IS COMPLETE Project 977 — Update Water Master Plan PROJECT DESCRIPTION The last full update of the City's Water Master Plan is dated May 1984. Many system improvements have been made since that time, as well as regulatory changes. The La Porte Area Water Authority has purchased 7.8 MGD of treated surface water capacity at the City of Houston's Southeast Purification Plant; the City has constructed one new elevated storage tank and several thousand feet of new water lines to improve flow & circulation. The update is needed to measure the effectiveness of completed improvements & identify additional improvement necessary, together with projected priorities & estimates. WORK COMPLETED The draft Plan was approved and is currently being assembled for printing. THIS PROJECT IS COMPLETE Project 978 — Valley Brook Water Line Replacement PROJECT DESCRIPTION The existing waterline along Valley Brook from Spencer Hwy to Hillridge is constructed of cast iron pipe, & has been susceptible to frequent breakage due to the material & age (40+ years). Replacement of this line with C900 PVC will eliminate this problem. This Project will be designed and constructed in coordination with Project 531 - Concrete Streets (Valley Brook & Antrim) WORK COMPLETED THIS PROJECT IS COMPLETE Project 979 — Lift Station Evaluation PROJECT DESCRIPTION The City has completed rehabilitation of five (5) lift stations identified in the Engineering Report prepared several years ago. With the completion of these projects, it is requested that an additional five (5) lift stations undergo an engineering evaluation to recommend improvements for future capital improvements. The proposal list includes Lift Stations 10 (Glen Meadows), 13 (North L Street), 14 (North L Street), 19 (Lomax School Road) & 37 (Luella Blvd). WORK COMPLETED THIS PROJECT IS COMPLETE Project 980 — Fairmont Utility Relocation Project PROJECT DESCRIPTION Harris County has initiated the design of improvements to Fairmont Pkwy from SH 146 to South 16t' Street. The proposed improvements will require the relocation of utilities within the ROW to accommodate the proposed widening WORK COMPLETED THIS PROJECT IS COMPLETE Project 531 - Concrete Streets (Valley Brook & Antrim) Project Description This project is the continuation of the replacement of concrete & overlay of asphalt streets, utilizing the street maintenance sales tax. The proposed replacement includes Valley Brook Drive from Old Orchard to Hillridge, and Antrim from Farrington Blvd. to Piney Brook. This Project will be designed and constructed in coordination with Project 978 — Valley Brook Water Line Replacement WORK COMPLETED Concrete pavement, driveways and sidewalks complete on Valleybrook. Final cleanup and grass replacement underway. Westbound lane of Antrim removed, lime stabilized and concrete pavement completed. Expect to complete removal and replacement of eastbound pavement, curbs, sidewalk and driveways and grass replacement in next quarter. 2009 — 2010 GOLF COURSE CAPITAL IMPROVEMENTS I. Entrance Improvements at the canal. A. Dredge and bulk head east and west of the drive way. 1. Budget amount received. (50,000 — 60,000) 2. Design and specifications to be done by City staff. 3. Water Aeration. We are in the process of gathering specifications and cost amounts. II. Clubhouse Improvements A. Painting for inside and outside of clubhouse 1. Estimates received (8,000 — 10,000) 2. Specifications sent to purchasing for quotes B. Flooring estimates are not complete. III. Golf Course Restroom A. Painting is complete B. Men's toilet replaced IV. Drainage and Tunnel Repairs A. Design complete for outflow weir on hole #2. (CobbFendley& Assoc) B. Design in progress for outflow weir on hole #5. (CobbFendley & Assoc.) C. Design in progress for wing wall replacement on the tunnel. (CobbFendley & Assoc.) Capital Improvement 4th Quarter Report Parks & Recreation Department October 26, 2009 Project 675 — Joint Ventures for Capital Improvements PROJECT DESCRIPTION These funds will be earmarked for joint ventures with recognized youth sports programs and other organizations that wish to contribute towards improvements of City -owned facilities. These funds will be combined with contributions from other groups or associations made to the City of La Porte sports facilities, parks and beautification projects on City -owned properties. FOURTH QUARTER FY 08-09 There were no requests for joint venture projects for the 08-09 fiscal year. We do expect to receive requests for the upcoming year for this program. Project 798 — Land Acquisition PROJECT DESCRIPTION This project is to support the acquisition of additional parkland and a drainage project. Community growth and growth in youth sports programs have necessitated this project. FOURTH QUARTER FY 08-09 This project has been suspended and funding shifted to cover the budget shortfall for the new sports complex. The project can be re -visited at a future time when conditions and circumstances warrant. Project 869 — Sylvan Beach Pavilion Renovations PROJECT DESCRIPTION The Sylvan Beach Pavilion is in need of repairs & renovation to make it more attractive for provision of special events, wedding receipts, quinceneras & other social events for the La Porte area. Paint exterior building & make cosmetic repairs where needed. FOURTH QUARTER FY 08-09 Project on hold. No change in the status of this project. Project 876 — Pond to Park — Phase III PROJECT DESCRIPTION Phase I development of the "Pond to Park" project on property obtained from the East Fairmont Park Homeowner's Association has been completed, and Phase II is currently ready for construction. We are requesting funding for the final project construction phase. Phase III includes lighting, jobbing trail, pavestone pavers, and other park amenities. The Fairmont Park East Homeowner's Association is contributing a total of $75,000 toward all three phases of the project. Their remaining share for Phase III will be $20,000. FOURTH QUARTER FY 08-09 The final components, landscape and irrigation portions of the project, has been installed and accepted. THIS PROJECT IS COMPLETE Project 893 — Bicycle -Pedestrian Trail System — Pasadena Connector PROJECT DESCRIPTION This project is the second high priority segment of the Bicycle Pedestrian Trail System (Southside Trail or Safe Routes to School Trail is completed) that was identified in our 2003 Implementation Plan. The 5.2 mile segment will provide additional recreation and transportation opportunities for La Porte citizens by connecting the Central Business District of La Porte, eastward to the Pasadena Trail system & southward along Bay Area Blvd to Pasadena & Houston. The trail segment will begin at Little Cedar Bayou Park, move north to Fairmont Pkwy, east along the south side of Fairmont Pkwy to the Pasadena Convention Center. Further north -south connectors throughout La Porte will link other parts of La Porte, including a trail segment at Big Island Slough, Canada Road, Spring Gulley, Driftwood and Bay Area Blvd. The trail will connect through Little Cedar Bayou Park to the Southside Trail as well. FOURTH QUARTER FY 08-09 This project has been combined with GEN981, Bay Area Boulevard and Canada Road sidewalk expansion and new pathway for bidding. Bids have been received for this project upon approval, we are ready to begin construction as soon as mid —November. Permitting approval from Harris County has been received. It is our understanding that Harris County is proceeding with their improvements at SH146 & Fairmont Parkway, which should dovetail nicely with the installation of the trail at that location. The project has a 180 day project timeline, and should be completed next summer. Project 903 — Shoreline Protection PROJECT DESCRIPTION The City of La Porte received a series of three grants from the Texas General Land Office for shoreline protection and beach restoration at Sylvan Beach Park. The first grant was for a feasibility study and preliminary design of shoreline protection and beach restoration, which was funded at the 85%/15% level by the TGLO and the City of La Porte respectively, and has been completed. The second grant funded the design and USACE permitting process for the project was funded at 85%/7.5%/7.5% by TGLO, CoLP and Harris County, respectively. The third grant is for construction of the project. When implemented, it will be funded at 60%/20%20% by the same three entities. The project was selected as an Alternate project in the 2004-2005 biennium which means that it will be funded if another project falters or does not get its permitting, etc. The City will re -submit its funding request for the upcoming state biennium fiscal funding cycle. FOURTH QUARTER FY 08-09 The project has experienced some delays in concrete pours due to inclement weather and is currently at about 65% complete on concrete work. All the final sand is on site and being installed on the north and south beaches. The project is slightly behind schedule, but the contractor is shooting for substantial completion by the end of November. Project 925 — Landscape and Irrigation — Entrance Signs PROJECT DESCRIPTION Entrance signs into La Porte are complete. This project will provide lighting, irrigation and landscape materials and installation to complete this project. FOURTH QUARTER FY 08-09 The contractor has substantially completed this project. Staff has completed a walk-through and a punch list with a target date of October 30, 2009. The City will take over maintenance of the project at that time. Project 961— Roof Replacements/Remodel Parks PROJECT DESCRIPTION • Evelyn Kennedy Civic Center — roof is 12 years old & we are experiencing roof leak problems at the building. Recommend roof replacement with Durolast material (or equal) with 15 year warranty - $40,000. • Recreation & Fitness Center Gym & Pool area — roof is 16 years old & we are experiencing continuing leak problems at the skylights and walls. Recommend roof replacement with Durolast material (or equal) with 15 year warranty - $55,000. • Little Cedar Bayou Wave Pool Restrooms & Mechanical Room — roof is 19 years old & we are experiencing continuing leak problems at this facility. Recommend roof replacement with Durolast material (or equal) with 15 year warranty. - $16, 500. • Remodel Building and Roof at Brookglen Pool — this building was acquired in 1999. Structure needs to be remodeled and roof needs to be replaced - $65,000. FOURTH QUARTER FY 08-09 The final component, Brookglen Pool Roof Replacement is currently out for bids. Bid opening is set for the end of October. The timeline for receipt of the pre -fabricated roof and erection is 90 days. The project should be completed around the end of the second quarter of the new fiscal year. Project 962 — Remodel Northside Baseball Field PROJECT DESCRIPTION The baseball field at Northside Park was originally built more than twenty years ago & it is in need of renovation. This project will replace the existing fencing & backstop & dugouts, replace the scoreboard, renovate the field, provide landscaping & signage for the new field. Renovation of this field will build usage & utilization of the park & its facilities - $65,000. FOURTH QUARTER FY 08-09 Dedication held on June THIS PROJECT IS COMPLETE Project 963 — Replace Equipment at Pfeiffer Park PROJECT DESCRIPTION In 1998 the City of La Porte adopted a program of park playground equipment & park service equipment replacement. The program will continue for the upcoming fiscal year, replacing the playground and park service equipment at Pfeiffer Park that was installed approximately 20 years ago. This project will be completed by Force Account & should not require any engineering or design services. The project will not have an impact on the City's operating costs, but will provide a safer environment for recreational activities at Pfeiffer Park. SECOND QUARTER FY 08-09 THIS PROJECT IS COMPLETE Project 964— Replace Equipment at Seabreeze Park PROJECT DESCRIPTION The playground equipment at Seabreeze Park has deteriorated due to the corrosive effects of the constant self air from Galveston Bay. This project will replace the playground & park service equipment at Seabreeze Park that was installed approximately 11 years ago. This project will be completed by Force Account and should not require any engineering or design services. The project will not have an impact on the City's operating costs, but will provide a safer environment for recreational activities at Seabreeze Park. THIRD QUARTER FY 08-09 THIS PROJECT IS COMPLETE Project 965— Park Upgrade — Landscaping & Park Enhancements — Little Cedar Bayou Park PROJECT DESCRIPTION The Landscaping & amenities at Little Cedar Bayou Park is in need of enhancement. Little Cedar Bayou Park is our flagship park, with the largest attendance in the City, containing the Wave Pool, Girl's Softball Complex, Multi -purpose Athletic Fields, Picnic Areas, Playgrounds & Trail Head. Components indentified are: • A landscape design for the park • Seal coating of roadway & parking, re -striping of park • Re -surface tennis courts • Enhance picnic area • Improve landscaping around Girl's Soft ball Complex, Wave Pool & Multi -purpose Fields FOURTH QUARTER FY 08-09 This project is under design. The architect should have plans available for review and bidding by the end of the first quarter of the new fiscal year, with completion expected by the end of the second quarter. Project 966— Tile/Carpet Replacement — La Porte Recreation & Fitness Center PROJECT DESCRIPTION These funds will be earmarked for the & carpet replacement at the RFC as follows: • Both locker rooms & dressing areas — the is 19 years old & we are experiencing cracking & chipping in both locker rooms. Recommend replacement with larger size tile which will improve appearance as well as ability to clean, estimated cost - $21,352 • Both locker room shower areas — the is19 years old & we are experiencing cracking & chipping in both areas. Recommend replacement with larger size tile which will improve appearance as well as ability to clean, estimated cost - $14,040 • Administrative Office Area — carpet is 19 years old. Public area carpet was replaced in 2005 but not office areas. Propose replacing carpet in front office & hallway with ceramic tile & replacing vinyl tile in kitchen & restroom with ceramic tile to match. Carpet for interior offices is still serviceable & will not be replaced as part of this project. Ceramic tile will improve appearance as well as ability to clean, estimated cost - $9,536. FOURTH QUARTER FY 08-09 The tile work in the locker rooms and administrative offices has been completed. The new carpet in the cardiovascular area and hallways has been installed. THIS PROJECT IS COMPLETE Project 975 — Sports Complex/Ballfields PROJECT DESCRIPTION This funding will be used to design and construct a youth baseball complex and related infrastructure at Westside Park. Funding for this project of $1,234,321 can also be found in Fund 48 (2006 General Obligation Bond Fund) bringing the total funding to $4,137,271. FOURTH QUARTER FY 08-09 The construction manager at risk has issued his Guaranteed Maximum Price and Council has approved funding necessary to complete the project. Infield mix has been installed and sod is expected to start installing this week. The lighting is in place; work continues on fencing, irrigation, and foundation work for the two structures, all of which have been delayed by inclement weather. The project is still on target for opening in early April, to coincide with the youth baseball season. PROJECT DESCRIPTION The fire department is trying to add an 80-100 person classroom at the fire training facility. It will be a large one room building to hold citywide fire training classes. It can also be rented out as a classroom when the field is rented. FOURTH QUARTER Over-all the project is approximately 55% complete, foundation and structure is at 100%, HVAC 60%, and electrical is 10%; anticipate a December 1 completion. The project is currently ahead of schedule and within budget. REQU Agenda Date Requested: Oct Requested By: Ron Bottoms Department: Administration Report: Resolution: I' FOR CITY C( Ordinance: Exhibits: Bus route memo Exhibits: Bus route maps (2) Exhibits )UNCIL AGENDA ITEM Budizet Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Mr. Ken Fickes with Harris County will be in attendance to discuss the proposed bus service that includes La Porte. Attached is a memo discussing this service and maps of two of the planned routes that will affect our community. Action Required by Council: Receive presentation and provide direction. Ron Bottoms, City Manager Date Social Services Block Grant Hurricane Ike Relief Routes Demonstration Projects The Harris County Community Services Department has received approval of a Social Services Block Grant from Texas Workforce Solutions to provide expanded and new route services in portions of Harris County not served by Houston METRO. The grant provides 100% funding during the grant period which ends September 30, 2010. Operation of the new routes is anticipated to start in mid -November, 2009. The routes are as follows: Pasadena to La Porte Route A bus route between South Houston, City of Pasadena, City of Deer Park, San Jacinto College, and La Porte with connecting service to Shore Acres, Seabrook, Nassau Bay, University of Houston Clear Lake, and the Harris County Housing Assistance Center and Freeman Library located at 16606 Diana Lane off of Bay Area Blvd. La Porte to Seabrook, Nassau Bay & University of Houston Clear Lake The above Pasadena to La Porte route will have a transfer connection in the City of La Porte in order for passengers to have access to the Harris County Housing Assistance and other services in the Nassau Bay area including the Christus Saint John Hospital and various United Way service providers. Baytown San Jacinto Mall to Crosby Texas This route will provide connecting service from the existing Baytown fixed route service via the San Jacinto Mall to McNair, Barrett Station, The Highlands and Crosby area. 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O c N � U 4-a � C6 '0 U. >% Cu M M CU C� X 4-1 co C/) C� O U _ � O ca U _J Cn O 4-a C, cn O � CY) Cl. U. O 0. '— O _O co > X O O O > U' U cn 0 `�. .— O cn O E0 — cn m C: U) C: a) .� O .�, U 0 U) —U.E w c: N E O ,.� O U) ti M %WW 0 11 0) tM Meeting Handout C REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10/26/09 Requested By: Kenith AdenX Department: Police Report: X Resolution: Ordinance: Exhibits: Live Demonstration from City Web -site Exhibits Bud et Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Representatives of the Police Department will be providing the members of City Council with a brief overview and demonstration of several new features that are now available on the Police Department's Web -page. These new features are collectively referred to as Police to Citizen, or "P2C" for short, and provide citizens with the opportunity to extract non -classified police data directly from the Department's new state-of-the-art SunGard records management software system that was approved by City Council last March. Using P2C, citizens of La Porte can find out who is currently being housed in the La Porte Jail, print police incident and traffic accident reports from home, scroll through information and pictures of local sex offenders, and view a list of wanted subjects. The P2C application also provides a convenient way for citizens to perform simple searches and view reported crime activity on an interactive map for any location within the City of La Porte. The web site is open to the public and is accessible from the La Porte Police Department's web site by clicking on the online reports and incident button or by entering the web address: http://p2c.websteEpd.com/. 20 ORDINANCE NO. 2 0 0 9 - C AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND RON BOTTOMS, FOR THE POSITION OF CITY MANAGER OF THE CITY OF LA PORTEy MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT] FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW] AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the employment agreement with Ron Bottoms as City Manager of the City of La Porte, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval and it is so ordered. PASSED AND APPROVED, this 26th day of October, 2009. ATTEST: Martha A. Oililett City Secretary APPROVED: rk T. Askins Assistant City Attorney CITY OF LA PORTE By Barry easley Mayor 2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND RON BOTTOMS FOR THE POSITION OF CITY MANAGER STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE KNOW ALL PERSONS BY THESE PRESENTS THIS AGREEMENT made and entered into this 26`" day of October 26, 2009, but effective as of October 1, 2009, by and between the City of La Porte Texas, a municipal corporation, hereinafter called "Employer", and Ron Bottoms, hereinafter called 'Employee", both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Ron Bottoms as Employee of the City of La Porte, as provided by the Article III, Section 3.01 of the Charter of the City of La Porte; and WHEREAS, it is the desire of the governing body, hereinafter called "City Council," to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires employment as Employee of said City of LaPorte; and WHEREAS, The parties acknowledge that Employee is, or will become, a member of the International City/County Management Association (ICMA), and the Texas City Management Association (TCMA) and that Employee is subject to the Codes of Ethics of these organizations; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employer hereby agrees to employ said Ron Bottoms as Employee of said Employer to perform the functions and duties specified in said Charter of the City of La Porte and applicable provisions of the City Code and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2: Term A. Employee agrees to remain in the exclusive employ of Employer during the term of this agreement, and agrees not to become employed by any other employer until said termination as hereinafter provided, except as provided in Section 9 of this agreement. B. This Agreement shall be in effect for a single term of three (3) years, beginning on October 1, 2009, thru and including September 30, 2012. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in Section 4 of this agreement. Section 3: Termination and Severance Pay A. In the event Employee is terminated by the City Council during the term of this agreement and during such time that Employee is willing and able to perform the duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to 4 months aggregate salary, and benefits described as follows: Employee shall also be compensated for all earned sick leave, vacation, holidays, and other accrued benefits to date. In the event Employee is terminated because of conviction of a felony or crime of moral turpitude, then, in that event, Employer shall only be obligated to pay for all accrued benefits hereinabove described, but shall only be obligated to pay salary up to and including the date of termination. B. In the event Employer at any time during the term of this agreement reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Council that he resign, or the employer declines to renew the employees contract then, in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Section 4: Resignation In the event Employee voluntarily resigns his position with Employer during the term of this agreement, then Employee shall give Employer 30 days notice in advance, unless the parties agree otherwise in writing. In this event, the severance pay provisions of Section 3 will not apply. Section 5: Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and leave available under the Family Medical Leave Act, if any, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 3, Paragraph A. Section 6: Salary Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base salary of $148,950.44, payable in installments at the same time as other managerial employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Council may determine that is desirable to do so on the basis of annual salary review as a part of the annual performance evaluation process and at any other time the City Council deems appropriate. Section 7: Performance Evaluation A. The City Council shall review and evaluate the performance of the Employee following the sixth month of employment and at least once annually thereafter. Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee, and in accordance to the provisions of the La Porte City Charter and Personnel Policies. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with the Employee. Further, the Mayor of the City of La Porte shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council. B. Annually, the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of La Porte and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the City Council and Employee mutually agree to abide by the provisions of applicable law. Section 8: Work Hours It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the Employer, and to that end Employee will be allowed to take time off as he shall deem appropriate during said normal office hours. Section 9: Outside Activities Employee shall not spend more than 10 hours per week in teaching, consulting or other non Employer -connected business without the prior approval of the City Council. Employee's outside activities shall not interfere or conflict with any duties or responsibilities required under this agreement including the number of hours. Section 10: Automobile Employee's duties will require that he use his personally owned vehicle for Employer business. Employer has recognized this by agreeing to pay to Employee $500 per month to reimburse Employee for the business use of his vehicle. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the purchase, operation, maintenance, repair, and regular replacement of said automobile. If, however, the destination of a business trip exceeds a 100-mile radius from La Porte, Employee shall have the option of using a City -owned pool vehicle for the purposes of such business travel and the City shall supply the fuel for the City vehicle or Employee may be reimbursed for mileage beyond 100 miles at the prevailing city mileage reimbursement rate. Section 11: Vacation, Sick, and Military Leave A. Employee shall accrue and have credited to his personal account, 120 hours of vacation annually and sick leave at the same rate as other general employees of the Employer. Said vacation and sick leave shall be subject to provisions as outlined in Section 3 of this agreement, upon termination of Employee. In addition, if Employee voluntarily resigns as described in Section 4 of this agreement, Employer agrees to compensate employee for all accrued vacation and sick leave up to and including the final date of employment. Employer agrees to credit Employee with 120 hours of vacation leave at time of employment. B. Employee shall be entitled to military reserve leave pursuant to Federal or State law and City of La Porte policies. Section 12: Health, and Life Insurance Employer agrees to provide hospitalization, surgical, and comprehensive medical insurance and life insurance for Employee equal to that provided all other employees of the City, and to pay the premiums thereon on the same basis as for other employees of Employer. In addition, Employer agrees to provide additional life insurance for Employee in the amount of $150,000. Section 13: Retirement Employer shall provide and pay for Employee's participation in the retirement plan of the Texas Municipal Retirement System in a manner and rate consistent with all other employees of the City of LaPorte. 4 Section 14: Dues and Subscriptions Employer agrees to budget and to pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Employer. Said dues and subscriptions shall include, but not be limited to, Texas City Management Association, International City/County Management Association, and their regional and local affiliate organizations. Section 15: Professional Development A. Employer hereby agree to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for Employer, including but not limited to the TCMA Annual Conference, the ICMA Annual Conference, the National League of Cities, the Texas Municipal League, and such other national, regional, state, and local government groups and committees thereof which the Employee serves as a member. Participation in said professional development activities shall be considered a part of the Employee's work related duties and Employee shall not be required to use accrued leave for such participation. B. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for his professional development and for the good of the Employer. Section 16: Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of a local civic club of his choice, for which Employer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at Employer's expense. Section 17: Indemnification In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Employee, unless arising from Employee's willful misconduct. Employer will compromise and settle any claim or suit and pay the amount of any settlement or judgement rendered thereon, provided however, that any settlement shall be subject to the review and approval by Employee. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under law or ordinance by virtue of his employment. 6i Section 19: Other Terms and Conditions of Employment A. The City Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent or in conflict with the provision of this agreement, the Chapter 6 of the Texas Local Government Code or other law. B. All provisions of the City of La Porte Code of Ordinances, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as provided herein. Section 20: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Barry Beasley Mayor City of La Porte 604 East Fairmont Parkway LaPorte, Texas 77571 (2) EMPLOYEE: Ron Bottoms 10454 Tree Hollow Circle LaPorte, Texas 77571 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21: General Provisions A. The text herein shall constitute the entire agreement between the parties with respect to the subject matter hereof. B. This agreement shall be binding upon and inure to the benefit of heirs at law and executors of Employee. C. This agreement shall become effective commencing October 1, 2009. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of La Porte, Texas, has caused this agreement to be signed and executed in its behalf by its Mayor, Barry Beasley, and duly attested to by its City Secretary, and the Employee has signed and executed this agreement, both in duplicate, the day and year first written above. /1vtoI=, i Cam► Martha a A. Gillett City Secretary APPROVED AS TO FORM: Clark T. Askins Assistant City Attorney AS Ciw B "EMPLOYEE" 7 Meeting Handout Harris, Sharon From: BEASLEY, BARRY (ATTSI) Ub9201 @att.com] Sent: Wednesday, November 04, 2009 10:05 AM To: Harris, Sharon Subject: Fw: Resignation ------Original Message ------ From: Georgia. Malone To: Barry Beasley Subject: Resignation Sent: Oct 26, 2009 3:53 PM Barry, My apologies for the late notice, but I've been in a meeting most of the day and my cell phone is on the fritz. I had planned on talking to you earlier, but did not have the opportunity and with my cell not working, I did not have your cellphone number. Anyway, in light of a meeting with the president of my company earlier today regarding the current and future expectations of my position, it has been made clear to me that the main focus of my efforts, time and energy need to be spent on my job. That being said and in weighing my options and priorities, it is necessary for me to resign my position as city councilmember. I've attached an "official" letter of resignation. Regards, Georgia Georgia Malone City Councilmember At Large A City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Cell: 281-954-1475 i o N D J n � m O ;K D iin A-0 D Z ti m0 ptnZ -i 0 m n \ + 0 n r- uv fn m Z -D-1 0 Z z m -, 0 G) C 3 Z -< m m 70 l_ ! 0 --a O M v, D r+ �_ CD < - D- r+ f7 p Q 0) o ° 00 � Q v �� D % =3 V) v rr v o o, w 3 � r+ �. 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