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HomeMy WebLinkAbout2010-1-11 MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL JANUARY 11, 2010 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, Councilmembers Louis Rigby, Tommy Moser, Daryl Leonard, Mike Mosteit Mike Clausen and Chuck Engelken Daryl Leonard arrived at 6:05 p.m. Members of Council Absent: John Black Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns, Dawn Anderson, Stacy Osborn and Melisa Lanclos Legal: Clark Askins City Secretary's Office: Martha Gillett Public Works: Steve Gillett Planning: Tim Tietjens and Brian Sterling Police Department: Ken Adcox, Matt Novosad, Sherman Moore, Paul Whitchurch, Matt Dauemer, Tammy McBeath, Jeff Kominek, Jerome McKown, Tracy Phelan, Mark Gallion, Roger Gonzalez, Kenny Martin, Nathan Gates, Danny Jones, Mike Wood, Robyn Gallion, Frank Fullbright, Marcus Upchurch, Brian Larkey, Jeff Tippit, and a number of other officers Finance: M. Dolby Parks and Recreation: Stephen Barr Purchasing: None Main StreeUEconomic Development: Stacey Osborne Fire: Mike Boaze EOC: Jeff Suggs Others Present: Dr. Mark Redd, Adam Yanelli of Bayshore Sun, Jan Krueger, Sheila Moore, Jimmy Thompson, David Caper, David Janda, Katherine Aguilar, Mrs. Ted Powell, Bill Scott, Dana Ybarra, Ted Powell, Phillip Hoot, Dottie Kaminski, Mrs. Gallington, and other citizens. 2. Invocation was given by Dr. Mark Redd of Bayshore Baptist Church 3. Councilmember Rigby led the Pledge of Allegiance. 4. Presentations/Proclamations None presented. Minutes of Regular Meeting of La Porte City Council on January 11, 2010 2 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting and Workshop Meeting held on December 14, 2010 - M. Gillett B. Council to consider approval or other action regarding an ordinance amending City of La Porte 2009-2010 Budget (Ord. 3205) - M. Dolby C. Council to consider approval or other action regarding the acceptance of an award from the Governor's Office of Emergency Management for the development of a Continuity of Operations Plan - J. Suggs D. Council to consider approval or other action regarding an agreement with BAHEP to provide economic development service - S. Osborne Councilmember Rigby had questions on item C. Item D. was pulled by staff and not voted on or approved. Assistant City Attorney Clark Askins read the following agenda captions: Ordinance 3205 - AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made bv Councilmember EnQelken to approve the consent aQenda items. with the exception of Item 0 as presented. Second bv Councilmember Mosteit. Motion carried. Ayes: Engelken, Rigby, Clausen, Moser, Leonard, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: John Black 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) None 7. Council to consider approval or other action approving ordinance appointment of members on various Boards, Commissions, and Committees - (Ord. 3206 - Mayor Beasley Mayor Beasley presented summary and recommendation and answered Councils' questions. Minutes of Regular Meeting of La Porte City Council on January 11, 2010 3 Assistant City Attorney Clark Askins read Ordinance 3206, AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Riqby to approve Ordinance 3206 as by appointinQ Tommy Moser from Alternate Member to Member on the Fiscal Affairs Board. Second by Councilmember Enqelken. Motion carried. Ayes: Leonard, Engelken, Clausen, Moser, Rigby, Mosteit and Beasley Nays: None Abstain: None Absent: Black This item will be brought back to a future meeting to consider additional board replacements. 8. Close Regular Meeting and open Workshop Meeting. Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 6:12 p.m. A. Discuss Water Master Plan Project - S. Gillett Public Works Director Steve Gillett discussed the Water Master Plan Project B. Discuss Sales Tax for Street Maintenance - S. Gillett Public Works Director Steve Gillett discussed Sales Tax for Street Maintenance It was the consensus of Council for staff to move forward C. Discuss assignment of Detective Gates to ICAC Task Force - K. Adcox Chief of Police Ken Adcox discussed the assignment of Detective Gates to ICAC Task Force. It was the consensus of Council for staff to move forward D. Discuss the Police Department Internal Affairs Officer - K. Adcox Chief of Police Ken Adcox discussed the Police Department Internal Affairs Officer. Council expressed concerns with the methods with which the Chief of Police was taking in filling this position. Council directed the Chief to look at other options Minutes of Regular Meeting of La Porte City Council on January 11,2010 4 that would provide an opportunity for any Sergeant interested in the position to have an opportunity to apply. E. Discuss Water Service Agreement of 9515 Spencer Highway - T. Tietjens Planning Director Tim Tietjens discussed a Water Service Agreement for 9515 Spencer Highway. It was the consensus of Council for staff to move forward with this item. F. Discuss Sylvan Beach Fishing Pier location - S. Barr Parks Director Stephen Barr discussed the Sylvan Beach Fishing Pier location. Council directed staff to replace the pier in the same spot it was located before it was destroyed in Hurricane IKE. G. Discuss Main Street Program - R. Bottoms City Manager Ron Bottoms discussed the Main Street Program. Council directed staff not to renew the Main Street Program. 9. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 8:13 p.m. 10. Receive Drainage Report from City Staff - S. Gillett Public Works Director Steve Gillett provided the Drainage Report. 11. City Manager Ron Bottoms provided Administrative Reports for the following: Chamber of Commerce "Meet the Candidates" - January 13, 2010 - 6:00 p.m. - Council Chambers Bayshore Elementary School Dedication Ceremony - January 14, 2010 - 800 Me Cabe Road - Leveling of Cornerstone- 4:00 p.m. - Ceremony - 5:00 p.m. La Porte-Bayshore Chamber of Commerce 87th Annual Membership and Installation Banquet - January 21, 2010 - 6:30 p.m. - Monument Inn Harris County Mayor and Council MeetinglDinner - January 21,2010 - 6:30 p.m.- Maggiano's - 2019 Post Oak, Houston, Texas Minutes of Regular Meeting of La Porte City Council on January 11, 2010 5 BAHEP (Bay Area Houston Economic Partnership) Annual Banquet - January 22, 2010- 6:30 p.m. - South Shore Harbor Resort and Conference Center City Council Meeting - January 25, 2010 - 6:00 p.m. - City Council Chambers 12. Council Comments: Rigby, Moser, Clausen, Leonard, Engelken, Mosteit, 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 13. 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) There was no executive session. 14. Consider approval and possible action on items considered in Executive Session. There was no executive session. 15. Adjournment Being no further business, the meeting was duly adjourned at 8:40 p.m. Respectfully submitted, ~1tLt/ Martha Gillett, TRMC, CMC City Secretary B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11,2010 Requested By: Michael Dolby, CPA Department: Finance Report: Ordinance: xx Resolution: Exhibits: Ordinance Exhibits: Excerpt from FY 2010 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2009-10 Budget on September 21, 2009. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2009-10 Budget. (*denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment HotellMotel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Drainage Improvement Fund 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund 2004 Certificate of Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificate of Obligation Bond Fund 2009 Certificates of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Original Budget $ 32,894,465 2,160,353 700,000 344,700 977,522 1,910,464 1,413,966 7,740,176 3,500 22,368 974,545 1,360,393 1,969,367 4,497,908 1,184,405 2,255,100 105,000 350,000 169,000 o o o 376,570 256,503 16,219 966,497 o 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $ 79,022,038 Previously Amended Budget $ 33,014,784 2,233,942 700,000 433,771 1,003,281 1,912,674 1,413,966 7,743,711 3,500 22,368 974,545 1,364,643 1,969,367 4,497,908 1,186,547 2,255,100 105,000 408,168 169,000 o o o 376,570 256,503 16,219 966,497 o 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $ 79,401,081 Proposed Amended Budget $ 33,014,784 2,234,792 * 700,000 433,771 1,003,281 1,912,674 1,413,966 7,743,711 3,500 22,368 974,545 1,364,643 1,969,367 4,497,908 1,221,111 * 2,255,100 257,000 * 408,168 169,000 o o o 376,570 256,503 16,219 966,497 o 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $ 79,588,495 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2009-10 Budget for: A. $850 in the Grant Fund for a donation received from Shell Pipeline. B. $34,564 in the Technology Fund for additional funding needed for the IT security assessment and the new fiber and Opt-e-man contract. (These items were approved at the 12/14 Council Meeting) $152,000 in the Utility Capital Improvement Fund for the match portion of the grant awarded by the Texas Department of Emergency Management for the purchase of generators. The generators will be used for lift stations. ,{dlO Date ORDINANCE NO. 2010- '3 dOS- AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2009, through September 30, 2010, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24,2009, and a public hearing scheduled for September 21,2009 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1,2009, through September 30,2010. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas 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 4: This Ordinance shall be J?jeffect from and after its passage and approval. PASSED AND APPROVED this the lLday Of~, 2010. ~ O~ PORTE, TEXAS c-l-~ . BarrY ~asley, / ayor ~~ --r ~M Clark Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of AU Funds FY 09-10 FY 09-10 Revenues Expenses Governmental Food Types: General Food 32,894,465 32,894,465 Grant Food 1,995,712 2,160,353 Street Maintenance Sales Tax 726,845 700,000 Commooity Investment 231,361 344,700 Hotel/Motel Occupancy Tax 495,100 977,522 Section 4B Sales Tax 1,476,490 1,910,464 Tax Increment Reinvestment 1,403,304 1,413,966 Total Governmental Types 39,223,277 40,401,470 Enterprise: Utility 8,288,732 7,740,176 Sylvan Beach 3,500 Airport 51,875 22,368 La Porte Area Water Authority 1,227,771 974,545 Golf Course 1,171,150 1,360,393 Total Enterprise 10,739,528 10,100,982 Internal Service Motor Pool 2,218,600 1,969,367 Insurance Food 4,214,727 4,497,908 Technology Food 1,191,597 1,184,405 Total Internal Service 7,624,924 7,651,680 Capital Improvement: General 1,525,000 2,255,100 Utility 592,500 105,000 Sewer Rehabilitation 301,600 350,000 Drainage Improvement Food 290,500 169,000 2004 C/O Bond Food 376,570 2005 C/O Bond Food 256,503 2005 GO Bond Food 16,219 2006 C/O Bond Food 966,497 2007 C/O Bond Food 1,125,492 2009 C/O Bond Food 9,631,481 9,600,000 Other Infrastructure 10,600 504,000 Total Capital Improvement 12,351,681 15,724,381 Debt Service: General 4,089,272 4,076,755 Utility 321,596 326,314 La Porte Area Water Authority 740,456 740,456 Total Debt Service 5,151,324 5,143,525 Total All Foods 75,090,734 79,022,038 EXHffiIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 09-10 FY 09-10 Revenues Expenses Governmental Fund Types: General Fund 32,894,465 33,014,784 Grant Fund 1,996,562 2,234,792 Street Maintenance Sales Tax 726,845 700,000 Community Investment 231,361 433,771 Hotel/Motel Occupancy Tax 495,100 1,003,281 Section 4B Sales Tax 1,476,490 1,912,674 Tax Increment Reinvestment 1,403,304 1,413,966 Total Governmental Types 39,224,127 40,713,268 Enterprise: Utility 8,288,732 7,743,711 Sylvan Beach 3,500 Airport 51,875 22,368 La Porte Area Water Authority 1,227,771 974,545 Golf Course 1,171,150 1,364,643 Total Enterprise 10,739,528 10,108,767 Internal Service Motor Pool 2,218,600 1,969,367 Insurance Fund 4,214,727 4,497,908 Technology Fund 1,191,597 1,221,111 Total Internal Service 7,624,924 7,688,386 Capital Improvement: General 1,525,000 2,255,100 Utility 592,500 257,000 Sewer Rehabilitation 301,600 408,168 Drainage Improvement Fund 290,500 169,000 2004 C/O Bond Fund 376,570 2005 C/O Bond Fund 256,503 2005 GO Bond Fund 16,219 2006 C/O Bond Fund 966,497 2007 C/O Bond Fund 1,125,492 2009 C/O Bond Fund 9,631,481 9,600,000 Other Infrastructure 10,600 504,000 Total Capital Improvement 12,351,681 15,934,549 Debt Service: General 4,089,272 4,076,755 Utility 321,596 326,314 La Porte Area Water Authority 740,456 740,456 Total Debt Service 5,151,324 5,143,525 Total All Funds 75,091,584 79,588,495 From: To: Subject: Date: Bedford Michelle Wolnv Shellev Deposit Thursday, November 12, 2009 12:38:18 PM I just deposited another check from Shell Pipeline (Donation). I deposited into account 00100004070100 as I did last year. We will utilize these funds from 00152535212017. Thanks, ~~ t'1#e~ La ,Z'cm'e ,Z'11&ee t)~ 2i'1- 1'42 - S/?tJ 2i'1- 4?tJ-/S?tJ flu) b~-@~_r_.p- From: To: Cc: Subject: Date: SuClClS Jeff Wolnv Shellev; Rinehart PhYllis Gillett Martha; Bottoms Ron; Dolbv Michael IT project funding approval Tuesday, December 08,20094:39:55 PM Over the last two weeks we have met, visited and discussed the 4 IT projects we have that are coming before Council next Monday night. These projects include: The ISO agreement for the IT building Sungard Click2gov ATT Opt-e-man and Internet package at the new IT building The IT security assessment The meeting with Ron and Michael discussed where we would be pulling from the IT budget and cancelling projects. Although some money was budgeted for these projects, not enough was budgeted, therefore we will be going to Council for approval. Without having to go into major detail of the last 2 weeks, would it be possible for you to approve this funding via this email. Phyllis if you have questions Shelley should have all of the details. ~Se<<)94 EMERCENCY MANACEMENT CUURDIN;\TCJR CITY OF LA pcmTE TEX\S 2814700010 office 281 470 0009 direct 2814701590 fax 281 6399258 cell wn .lpOell.or!! REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14,2009 Budl!et Requested By: Jeff Suggs Source of Funds: Technology Fund Department: IT Account Number: 02360665195004 Report: Resolution: Ordinance: Amount Budgeted: $26,000 Exhibits: Schedule of work and pricing information Amount Requested: $41,115 Exhibits: Budgeted Item: YES X NO Exhibits SUMMARY & RECOMMENDATION The City of La Porte's IT Department has identified various weaknesses within the current IT structure. In order to provide a closer examination of these weaknesses, the department believes it is necessary to perform an in-depth security assessment of the current system. The department solicited input from three companies and accepted proposals from all three. Each of them had experience in IT vulnerability and security assessments. We selected RSA which is a local firm that we have used in the past for other IT related consulting. RSA Corp can provide a detailed assessment, which will allow us to better identifY and strengthen our current weaknesses. We will sign a professional services agreement using the State DIR. This project is for a full network assessment, including internal and external penetration testing, wireless discovery and an internal network security audit. RSA will be assessing wireless access points, ease of penetration into web portals, VPN connection security, and social engineering tactics. At the conclusion of the project, RSA will present findings; documentation of the current network structure and provide recommendations and ratings relative to the findings. The additional funding for this project will be coming for the Technology Liability account. Action Reauired bv Council: Consider allowing the City Manager to sign and execute the agreement for the IT security assessment. Approved for City Council Al!enda REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14.2009 Bud!!et Requested By: .lpff Sngg'ii Source of Funds: Technology Fund Department: IT Account Number: 02360665195007 Report: Resolution: Ordinance: Amount Budgeted: $22,000 Exhibits: A IT Opt-e-man and Internet Contracts Amount Requested: $J9,4J8 90'15! yr Exhibits: Exhibits Bud!!eted Item: YES X NO SUMMARY & RECOMMENDATION This project is part of the relocation of the City IT department to the new LPISD ITC building. Adding the additional Opt-e-man and fiber is paramount to continue operations from that building. We have designed a system that will also give the City continuity of operations and redundancy should a disaster take place. This contract will be like the current contract we have with A TT for fiber and internet service. It is based on a 5 year term where we pay monthly charges. Managed Internet Service (MIS) with Voice over IP (VoIP) will help us get the most out of our communication investment. The MIS Access Redundancy Option (MARO) and VolP can help to ensure uninterrupted Internet access from dual paths. Private Transport Network and VolP run with MIS at the core. MIS with VolP gives us choices for speed, network access, component management, and network security. The service includes a dedicated network backbone, industry-leading service level agreements, 24x7 customer support, technical assistance, proactive monitoring, and network management tools. This solution can save time and money, help us enhance your revenue growth potential and stay up and running to serve the citizens during a disaster. The additional funding for this project will come from the Technology Liability account. Action Reouired bv Council: Consider allowing the City manager to sign and execute new fiber and Opt-e-man contract for the City ITC building. Approved for City Council Al!enda Ron Bottoms, City Manager Date From: To: Cc: Subject: Date: Wolnv Shellev Pennell Don; Allen Lee Gillett Steve; Cream Susan RE: Generator Grants. Monday, December 07,2009 10:38:56 AM From: Bottoms, Ron To: Suggs, Jeff Sent: Mon Dec 07 08:50:27 2009 Subject: RE: Generator Grants. Approval granted. From: Suggs, Jeff Sent: Friday, December 04, 20099:19 AM To: Bottoms, Ron Subject: FW: Generator Grants. We need approval to use fund 003 for the generators. From: Wolny, Shelley Sent: Thursday, December 03, 20093:07 PM To: Suggs, Jeff; Pennell, Don Cc: Bottoms, Ron; Dolby, Michael Subject: RE: Generator Grants. After reviewing the balance sheets of both Fund 018 (Sewer Rehab Fund) and Fund 003 (Utility CIP), I think that it would be best to use Fund 003. Fund 003 currently has over $500,000 in cash and is receiving a $400,000 transfer from the Utility Fund even though only $85,000 worth of projects are budgeted for this year. If this is an acceptable solution, please let Don know so that they can move forward. Thanks, Shelley From: Pennell, Don Sent: Monday, November 30, 20093:52 PM To: Wolny, Shelley Cc: Dolby, Michael; Suggs, Jeff Subject: FW: Generator Grants. We will need $152,000 up front and will be reimbursed 75% from a grant already approved by Council per Jeff. Are the funds in 018 contingency and how do I set the funds up to be available? From: Suggs, Jeff Sent: Wednesday, November 25, 20092:41 PM To: Bottoms, Ron Cc: Pennell, Don Subject: Generator Grants. The generator grants that we have are moving forward. Public Works has identified and is ready to procure 2 of the generators. This is a matching grant and we need your authorization to move forward. We need to be able to spend $38 at this time. I will work with Tim to use CDBG monies to recoup this match but for the mean time 0 cause it takes so long to build and get these generators, we need your blessing. 9415<<994 EMERGENCY MANAGTh1INT COORDTNATOR CITY or LA PORTI TEX~S 2814700010 office 2814700009 direct 281470 1590 fax 281 639 9258 cell $38,000 is the amount of the match. $152,000 will be needed up front and $114,000 (75%) will be reimbursed. c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januarv 11. 2010 Budl!et Requested By: .Tl'ff SlIee" Source of Funds: Department: OEM Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Grant Award Amount Requested: Exhibits: Terms and Conditions Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION La Porte is part of the Urban Area Security Initiative that awards grants for specific target areas regarding terrorism. A DHS program to help with planning capabilities across the region has been in the works for over a year now. After many discussions and ideas the grant awards are finally being allocated to the target cities. This year we have been granted $75,000 to develop and build a Continuity of Operations Plan. This plan will assist us in determining what could go wrong, how we can avoid it and what to do if a large event should take place in the region, but more importantly La Porte specifically. This project will add to our current planning activities for preparedness and response in the City. Each department will be involved with the contractor chosen that will assist us in developing the COOP plan. Other jurisdiction who will also be working on these plans and who have been given grant awards are Deer Park, Pasadena, Houston and Harris County to name a few. ~o Date Governor's Division of Emergency Management 2008 Sub-Recipient Agreement for City of La Porte Mayor Alton Porter City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Federal Grant Title: Regional Catastrophic Preparedness Grant Program (RCPGP) Federal Grant Award Number: 2008-CP-T8-0023 Date Federal Grant Awarded to GDEM: September 1, 2008 Federal Granting Agency: Federal Emergency Management Agency Dept. of Homeland Security Preparedness Directorate Total Award Amount Note: Additional Budget Sheets (Attachment A): DYes D No RCPGP 97.111 > NOTE: There is a 25% local match requirement in addition to this award amount. (See RCPGP Guidance) $75,000.00 $75,000.00 This award supersedes all previous awards. Performance Period: Sep 1, 2008 to Sep 30, 2010 6. Statutory Authority for Grant: This project is supported under Public Law 110-161, the Department of Homeland Security Appropriations Act of 2008. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. 8. Debarment/Suspension Certification: The Sub-Recipient certifies that the subgrantee and its' contractors/vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http://www.epls.gov. Approving GDEM Official: Signature of GDEM Official: Jack Colley, Chief Division of Emergency Management Office of the Governor cr~ I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub-Recipient official: M~~t &rry- e~a6/~ ti~ 0/- lbvP DIte, ;i). Signature of Sub-Recipient Official: 13. DUE DATE: January 23, 2010 11. Enter Employer Identification Number (EIN) I Federal Tax Identification Number: '74~ ~()6- Irs;) Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date. --~-,._,...._..~.~_._.,~-'--_._-------~.~. TERMS AND CONDITIONS Parties to Sub-reciDient Aareement This Sub-recipient agreement is made and entered into by and between the Governor's Division of Emergency Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "GDEM," and the funds recipient, hereinafter referred to as the "Sub-recipient." Furthermore, GDEM and the Sub-recipient are collectively hereinafter referred to as the "Parties." Sy this Sub-recipient agreement's execution, the Parties have severally and collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks described in this Sub-recipient agreement. The Sub-recipient Agreement is only an offer until the Sub-recipient returns the signed copy of the 2008 Sub-recipient Agreement in accordance with the date provided in the transmittal letter and in the agreement. Sub-recipient Purpose and Overview A. Purpose and Overview. Sub-grant funds provided shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of manmade, natural disasters and acts of terrorism. The Sub-recipient agrees that all allocations and use of funds under this grant will be in accordance with the Homeland Security Grant Program Guidelines and Application Kit for that fiscal year and must support the goals and objectives included in the State Homeland Security Strategic Plan and the Urban Area Homeland Security (UASI) Strategies. The funds must be used to conform with the State Homeland Security Strategic Plan, follow the projects outlined in the approved investment justifications used to make the FY 2008 grant application and as described in the federal program guidelines found at www.fema.Qov/odf/Qovernment/QrantlhsQp/fy08 hSQp Quide.odf. Further, as outlined in the 2008 grant guidance, 2008 HSGP will focus on three objectives as the highest priorities. These three objectives are: 1. Measuring progress toward achieving the National Preparedness Guidelines; 2. Strengthening improvised explosive device (lED) attack deterrence, prevention, and protection capabilities; and 3. Strengthening preparedness planning. At least 25 percent of the total FY 2008 HSGP funding must be dedicated toward enhancing capabilities related to objectives 2 and 3 as identified above. The 25 percent requirement applies to the total award amount for each State across all four programs, not individual awards for SHSP, UASI, MMRS, and CCP. S. Standard of Performance. The Sub-recipient shall perform all activities and projects entered into the SM web- based grants management system approved by its Council of Governments (COG) and by the State Administrative Agency (SM). The Sub-recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub-recipient agreement and the: 1. Applicable Laws and Regulations, hereinafter referred to as "Exhibit An; 2. Certifications, hereinafter referred to as "Exhibit sn; and 3. Certification Regarding Lobbying for Sub-recipient Agreements, Grants, Loans, and Cooperative Agreements, hereinafter referred to as "Exhibit cn. C. Failure to Perform. In the event the Sub-recipient fails to implement the project(s) entered into The SM web- based grants management system, or comply with any of this Sub-recipient agreement's provisions, in addition to the remedies specified in this Sub-recipient agreement, the Sub-recipient is liable to GDEM for an amount not to exceed the award amount of this Sub-recipient agreement and may be barred from applying for or receiving additional Homeland Security Grant Program funds or any other federal program funds administered by GDEM until repayment to GDEM is made and any other compliance or audit finding is satisfactorily resolved. GDEM Obligations A. Measure of Liabilitv. GDEM shall be liable for actual and reasonable costs incurred by the Sub-recipient during the Sub-recipient agreement period for performances rendered under this Sub-recipient agreement by the Sub-recipient, subject to the limitations set forth in this Section. GDEM shall not be liable to the Sub-recipient for any costs incurred by the Sub-recipient that are not allowable costs. S. Sub-recipient Aareement Funds Defined and Limit of Liabilitv. The term "Sub-recipient agreement funds" as used in this Sub-recipient agreement means funds provided by GDEM under the HSGP program. The term "Sub-recipient's funds" or match funds as used in this Sub-recipient agreement means funds provided by the Sub-recipient. Notwithstanding any other provision of this Sub-recipient agreement, the total of all payments and other obligations incurred by GDEM under this Sub-recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub-recipient agreement. C. Excess Payments. The Sub-recipient shall refund to GDEM any sum of Sub-recipient agreement funds that has been paid to the Sub-recipient by GDEM or that GDEM determines has resulted in overpayment to the Sub-recipient that GDEM determines has not been spent by the Sub-recipient in accordance with this Sub-recipient agreement. No refund payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub-recipient shall make such refund to GDEM within thirty (30) days after GDEM requests such refund. Suspension Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub-recipient fails to comply with any of this Sub-recipient Agreement's terms, GDEM may, upon written notification to the Sub-recipient, suspend this Sub-recipient agreement in whole or in part, withhold payments to the Sub-recipient and prohibit the Sub-recipient from incurring additional obligations of Sub-recipient agreement funds. Termination A. GDEM's Riaht to Terminate. GDEM shall have the right to terminate this Sub-recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever GDEM determines that the Sub-recipient has failed to comply with any of this Sub-recipient agreement's terms. GDEM shall notify the Sub-recipient in writing prior to the thirtieth (30th) day preceding the termination of such determination and include: 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub-recipient agreement to be terminated. B. Parties' Riaht to Terminate. In addition to GDEM's right to terminate specified in Subsection A of this section, both Parties shall have the right to terminate this Sub-recipient agreement, in whole or in part, when the Parties agree that the continuation of the activities funded under this Sub-recipient agreement would not produce beneficial results commensurate with the further expenditure of Sub-recipient agreement funds. The Parties shall agree, in writing, upon the termination conditions, including the effective date of termination and in the case of partial termination, the portion of the Sub-recipient agreement to be terminated. Conflict of Interest A. Financial Interest Prohibited. A conflict of interest may arise when the employee, officer or agent; any member of his or her immediate family; his or her partner; or, any organization that employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub-recipient agreement. The Sub-recipient shall ensure that no employee, officer, or agent of the Sub-recipient shall participate in the selection, in the award or administration of a subcontract supported by Sub-recipient agreement funds pursuant to this Sub-recipient agreement and comply with Chapter 171, Texas Local Government Code. B. Other Prohibited Interests. In all cases not governed by Subsection A of this Section and except for eligible administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed official of the Sub-recipient or of a subcontractor of the Sub-recipient, in Subsection C of this Section who exercises or have exercised any functions or responsibilities with respect to the activities assisted under this Sub-recipient agreement or any other HSGP Sub-recipient agreement who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the activity or have any interest in any Sub-recipient agreement, subcontract or agreement with respect to the activities or the proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts. Monitoring GDEM reserves the right to perform periodic on-site monitoring of the Sub-recipient's compliance with this SUb-recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub-recipient's performance pursuant to this Sub-recipient agreement. After each monitoring visit, GDEM shall provide the Sub-recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub-recipient's performance under this Sub-recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub-recipient. Failure by the Sub-recipient to take action specified in the monitoring report may be cause for this Sub- recipient agreement's suspension or termination pursuant to Sections on the Suspension and/or Termination above. Audit 2 A. Audit of Federal and State Funds. The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient agreement under the Single Audit Act (OMB Circular A - 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub- recipient will also comply with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. B. GDEM's RiQht to Audit. Notwithstanding Subsection A of this Section, GDEM reserves the right to conduct a financial and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient agreement. The Sub-recipient agrees to permit GDEM or its authorized representative to audit the Sub-recipient's records and to obtain any documents, materials or information necessary to facilitate such audit. C. Sub-recipient's Liability for Disallowed Costs. The Sub-recipient understands and agrees that it shall be liable to GDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub-recipient agreement funds. The Sub-recipient further understands and agrees that reimbursement to GDEM of such disallowed costs shall be paid by the Sub-recipient from funds that were not provided or otherwise made available to the Sub-recipient pursuant to this Sub- recipient agreement or any other federal contract. D. Sub-recipient's Facilitation of Audit. The Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as GDEM may require of the Sub-recipient. E. State Auditor's Office. The Sub-recipient understands that acceptance of Sub-recipient agreement funds acts as acceptance of the authority of the State Auditor's Office or any successor agency to conduct an audit or investigation in connection with these funds. The Sub-recipient further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Sub-recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub- recipient and the requirement to cooperate is included in any subcontract it awards. For FY 2008, the NIMSCAST will be the required means to report NIMS compliance for FY 2009 preparedness award eligibility. All State and Territory direct preparedness Sub-recipients will be required to submit their compliance assessment via the NIMSCAST by September 30, 2008. The State or Territory department/agency awardee reserves the right to determine compliance reporting requirement of their sub-awardees (locals) in order to disperse funds at the local level. Reimbursement Sub-recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized Sub-recipient representative. Sub-recipient also agrees to make no request for reimbursement for goods or services procured by Sub-recipient prior to the performance periOd start date of this agreement. A. Request for Advance or Reimbursement. The Sub-recipient shall submit to GDEM, a properly completed Local Purchase Submission Cover Sheet as often as actually needed. GDEM retains the authority to approve or deny amount requested and shall not make disbursement of any such payment until GDEM has reviewed and approved such a request. The Local Purchase Submission Cover Sheet shall be supported by documentation as referenced by the SM web-based grants management system and subsequent policy updates. B. Request for Advance Funds and Transfer of Funds. The Sub-recipient's requests for an advance of Sub-recipient agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this Sub- recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The Sub- recipient shall establish procedures to minimize the time elapsing between the transfer of funds from GDEM to the Sub- recipient and shall ensure that such funds are disbursed within fifteen (15) days or as soon as administratively possible. C. Payment ContinQent. Notwithstanding the provisions of Subsection A of this Section, payments under this Sub- recipient agreement are contingent upon the Sub-recipient's performance of its contractual obligations. Urban Areas Security Initiative (UASI) Grants A. If the Sub-recipient is a participant in a UASI program, during the performance period of this grant, Sub-recipient agrees to adhere to the UASI strategy, goals, objectives, and implementation steps. 3 B. Sub-recipient agrees that, during the performance period of this grant, all communications equipment purchases must be reviewed and approved by the Regional Interoperable Communications Committee and the UASI points of contact (voting members), if applicable. UASI Non-Profit Security Grant Program (NSGP) A. The Sub-recipient agrees that all allocations, uses of funds, and other associated program and administrative requirements under this grant will be in accordance with the Fiscal Year (FY) 2008 UASI Non-Profit Security Grant Program (NSGP) Program Guidance and Application Kit, Information Bulletin number 252, and the FY 2008 UASI NSGP Frequently Asked Questions (FAQs) Parts 1 and 2. All grant Sub-recipients are assumed to have read, understood, and accepted the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252 and the FAQs as binding. B. Sub-recipients must meet a 75 percent Federal-25 percent Sub-recipient soft match requirement. Sub-recipient contributions must be from non-Federal sources. For all costs other than training, the Sub-recipients match may be met through cash, training investments related to use of allowable equipment purchased with the grant, or training investments related to general purpose security and emergency preparedness for staff. In the case of training projects, awardees must meet the matching requirement through cash. In no event can regular personnel costs such as salary, overtime, or other operational costs unrelated to training be used to satisfy the matching requirement. C. Non-governmental organization Sub-recipients are required to meet certain National Incident Management System (NIMS) compliance requirements. All emergency preparedness, response, arid/or security personnel in the non-profit organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant are compelled to complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training includes IS-700 NIMS: An Introduction. D. Sub-recipients are responsible for keeping a copy of the 501 (c)(3) registration number or IRS Letter of Recognition of Sub-grantees on file. Those Sub-recipients who submitted investment justifications, subsequently selected for award, by non-profit organizations which do not hold or have not formally applied for a 501 (c)(3) registration number, are responsible for maintaining an affidavit and/or other indicia certifying or verifying their 501 (c)(3) compliance on file for review by DHS, in accordance with the FY 2008 UASI NSGP Q&A Part 2. E. FY 2008 UASI NSGP allowable equipment costs include only the two Authorized Equipment List (AEL) categories identified in the FY 2008 UASI HSGP Program Guidance and Application Kit. These categories are 1) Physical Security Enhancement Equipment, and 2) Inspection and Screening Systems. All allowable equipment costs must fall within these two categories. Interoperable communications equipment, aesthetic enhancement, including business, shrubs, or flowers, general-use vehicles, or related general-use equipment is prohibited under this grant program if it does not fall within one of the two previously identified AEL categories. Additionally, any costs associated with exercises are strictly prohibited. All other training and management and administrative (M&A) costs must be in accordance with the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252, and the FY 2008 NSGP FAQs, Parts 1 and 2. F. The Sub-recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: .Purchased with funds provided by the U. S. Department of Homeland Security." Interoperable Communication Project Compliance 1. Before a local jurisdiction may submit a project for consideration by the State, a preliminary review must be done at the regional level by the Communications Committee or some similar group of the appropriate Council of Governments, Development Councilor Planning Council. (Where possible, reviewers should represent a cross- section of the communications community and include representatives from cities, counties and Tribes where appropriate; conventional and trunked systems, and VHF, UHF, 700 MHz, 800 MHz and 900 MHz systems.) Jurisdictions must have baseline information (towers and POC/name) entered into CASM to show the jurisdictions' commitment to adhere to the SCIP. Projects that are deemed to satisfactorily meet the State's Plan will be submitted to the State for formal review. National Incident Management System (NIMS) and the Incident Command System (ICS) Sub-recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2008 must be achieved by completing actions outlined in the NIMS Implementation Matrix. A. Adoption. The jurisdiction or organization must have formally adopted NIMS as its incident management system through ordinance, court order, or resolution. A copy of the adoption document should be provided to the Preparedness Section of the Division of Emergency Management. 4 B. Implementation. The jurisdiction or organization must be implementing the principles and policies of NIMS/ICS, including these major requirements: 1. Identifying specific NIMS training requirements for local emergency responder and emergency management positions; then obtaining or providing required training, and documenting it. For further information on NIMS training, see: htto://www.fema.aov/emeraencv/nims/nims trainina.shtm 2. Updating jurisdiction or organization emergency plans and procedures to address the NIMS/ICS organizational structure, major functions, concepts, policies, and procedures. 3. Utilizing NIMS/ICS for day-to-day all-hazard emergency response and during exercises. 4. Participating in local, regional, or intrastate mutual aid programs. 5. Maintaining an inventory of emergency response assets (Texas Regional Resource Network), and identifying key assets by resource typing standards developed by FEMA to facilitate multi-agency response. For resource typing information, see: htto://www.fema.aov/emeraencv/nimslrm/rt.shtm.This is accomplished by registering with the Texas Regional Resource Network (TRRN) and updating the information regularly. Additionally, a certification form must be on file with GDEM for every county and local jurisdiction. 6. Complete the NIMS baseline assessment and develop a local NIMS implementation plan. 7. Participate in an all-hazard exercise program based on NIMS that involves responders from multiple disciplines and multiple jurisdictions. 8. All Primary jurisdictions must possess an independent NIMSCAST account. For a more detailed description of these requirements, as well as other NIMS implementation requirements, see htto:l/www.fema.aov/pdf/emeraencv/nimslimp mtrx states.pdf FY 08 NIMS implementation requirements must be completed by September 30, 2008. Other Requirements (These requirements DO NOT apply to NSGP Sub-recipients) A. During the performance period of this grant, Sub-recipients must maintain an emergency management plan at the Intermediate Level of planning preparedness or higher, as prescribed by GDEM. This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter-jurisdictional emergency management program that meets the required standards. If GDEM identifies deficiencies in the Sub-recipient's plan, Sub- recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. B. Projects identified in the SM web-based grant management system must identify and relate to the goals and objectives indicated by the applicable 12 approved project investments for the period of performance of the grant. C. During the performance period of this grant, Sub-recipient agrees that it will participate in a legally-adopted county and/or regional mutual aid agreement. D. During the performance period, the Sub-recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units equipped and/or trained using grant funds (Le. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub-recipients must submit Fiscal Year 2008 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should be forwarded to the SM along with the Planning and Administration Grant Budget Form. F. Council of Governments (COG) will follow guidelines listed in the FY 08 COG Statement of Work. G. Up to 15% of the program funds for SHSP, UASI and LETPP may be used to support the hiring of full or part-time personnel to conduct program activities that are allowable under the FY 2007 HSGP (Le., planning, training program management, exercise program management, etc) The ceiling on personnel costs does not apply to contractors, and is in addition to eligible management and administrative (M&A) costs and eligible hiring of intelligence analysts. Sub-recipients may hire staff only for program management functions, not operational duties. Hiring planners, training program coordinators, exercise managers, and grant administrators fall within the scope of allowable program management functions. H. The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as regional planning commissions, councils of government, development councils, and area councils. It is recognized that one of the major functions of state planning regions as homeland security grant Sub-recipients is to perform a wide variety of planning and some program administration for both their region and on behalf of the cities and counties within the region that may also be homeland security grant Sub-recipients. 5 Closing The Grant A. The Sub-recipient must have all equipment ordered by January 14, 2010. The last day for submission of invoices is February 28, 2011. B. GDEM/SAA will close a sub-award after receiving Sub-recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub-recipient is owed additional funds, GDEM/SAA will send the final payment automatically to the Sub- recipient. If the Sub-recipient did not use all the funds received, GDEM/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. GDEM/SAA will unilaterally close out this grant if sub recipient does not reconcile account and sign closeout GAN by May 31,2011. Restrictions, Disclaimers and Notices A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM/SAA prior to obligation or expenditure of such funds. B. In cases where local funding is established by COGs, release of funds by GDEM is contingent upon regional funding allocation approval by the Sub-recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub-recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Chief Division of Emergency Management Homeland Security Office of the Governor PO Box 4087 Austin, TX 78773-0220 Uniform Administrative Requirements, Cost Principals, Audit Requirements and Program Income Except as specifically modified by law or this Sub-recipient agreement's provisions, the Sub-recipient shall administer the award through compliance with all Applicable Laws and Regulations, Exhibit A, but specifically with: A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations. B. Cost Principles 1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments 2. 2C.F.R. Part 220, Cost Principals for Education Institutions 3. 2C.F.R. Part 230, Cost Principles for Non-Profit Organizations 4. Federal Acquisition Regulation Subpart 31.2, Contracts with Commercial Organizations C. Audit Requirements - OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. 6 Retention And Accessibility Of Records A. Retention of Records. The Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub-recipient agreement funds pursuant to OMB Circular A-8?, 44 C.F.R. ~ 13.42 and this Sub-recipient agreement. The Sub-recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project's public objective (close of the Sub-recipient agreement), including program requirements and financial obligations, or the period of time required by other applicable laws and regulations as described in Exhibit A. B. Access to Records. The Sub-recipient shall give the United States Department of Homeland Security (DHS), the Inspector General, the General Accounting Office, the Auditor of the State of Texas, GDEM, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub-recipient pertaining to this Sub-recipient agreement including records concerning the past use of HSGP funds. Such rights to access shall continue as long as the records are retained by the Sub-recipient. The Sub-recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code. C. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts. Subcontracts A. GDEM's Aooroval of Subcontract and Liabilitv. The Sub-recipient may subcontract for performances described in this Sub-recipient agreement without obtaining GDEM's prior written approval. B. Sub-recioient Liabilitv. In no event shall any provision of this Section be construed as relieving the Sub-recipient of the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub-recipient agreement's terms as if such performances rendered were rendered by the Sub-recipient. GDEM's approval under this Section does not constitute adoption, ratification or acceptance of the Sub-recipienfs or a subcontractor's performance. C. Aoolicable Law. The Sub-recipient shall comply with 44 C.F.R. ~ 13.1-13.52 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub- recipient agreement. D. Escrow Retainaae for Construction Contracts. GDEM shall require Sub-recipient to maintain an escrow retainage of the Sub-recipient agreement funds budgeted for construction and rehabilitation in the amount of five percent (5%) of each construction and/or rehabilitation subcontract entered into by the Sub-recipient. Before the retain age fees for construction contracts are released, GDEM shall receive a complete and executed Certificate of Construction Completion and Final Wage Compliance Report and the Sub-recipient shall certify it has received as-built plans for this Sub-recipient agreement's funded construction activities. Legal Authority A. Sianatorv Authoritv. The Sub-recipient assures and guarantees that the Sub-recipient possesses the legal authority to enter into this Sub-recipient agreement, receive Sub-recipient agreement funds and to perform the services the Sub- recipient has obligated itself to perform pursuant to this Sub-recipient agreement. B. Authorized Reoresentative. The person or persons signing and executing this Sub-recipient agreement on the Sub- recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub-recipient to execute this Sub-recipient agreement on the Sub-recipient's behalf and to validly and legally bind the Sub-recipient to all contractual terms, performances and provisions. Notice Of Litigation and Claims The Sub-recipient shall give GDEM immediate notice in writing of: 1. any action, including any proceeding before an administrative agency, filed against the Sub-recipient arising out the performance of any subcontract under this Sub-recipient agreement; and 7 2. any claim against the Sub-recipient, the cost and expense of which the Sub-recipient may be entitled to be reimbursed by HSGP. Except as otherwise directed by GDEM, the Sub-recipient shall fumish immediately to GDEM copies of all documentation received by the Sub-recipient with respect to such action or claim. Indemnification To the extent permitted by law, the Sub-recipient agrees to hold GDEM harmless and to indemnify GDEM from and against any and all claims, demands and causes of action of every kind and character that may be asserted by any party occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub-recipient pursuant to this Sub-recipient agreement. Changes and Amendments A. Written Amendment. Except as speCifically provided otherwise in this Sub-recipient agreement, any alterations, additions or deletions to this Sub-recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SM web-based grants management system and executed by the Parties. B. Authority to Amend. This Sub-recipient agreement's performances shall be rendered in accordance with the Act, Exhibit A, the assurances and certifications made to GDEM by the Sub-recipient and the assurances and certifications made to DHS by the State of Texas with regard to the operation of the HSGP. Amendments may further be amended by GDEM, during the period of this Sub-recipient agreement's performance as GDEM issues policy directives that serve to establish, interpret or clarify this Sub-recipient agreement's performance requirements. Such policy directives shall be promulgated by GDEM in the form of Information Bulletins and shall have the effect of qualifying this Sub-recipient agreement's terms and shall be binding upon the Sub-recipient as if written in the Sub-recipient agreement. C. Effect of Chanaes in Federal and State Laws. Any alterations, additions, or deletions to this Sub-recipient agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this Sub-recipient agreement without written amendment to this Sub-recipient agreement and shall become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA) p~riodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. FEMA's National Preparedness Directorate Information Bulletins can be accessed at htto://www.oiD.usdoLaov/odD/docslbulletins.htm and are incorporated by reference into this sub-grant. Headings Headings and captions of this Sub-recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub-recipient agreement's terms or be used to interpret or assist in the construction of this Sub-recipient agreement. Oral and Written Agreements A. Prior Aoreements. All oral and written agreements between the Parties relating to this Sub-recipient agreement's subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub- recipient agreement. B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub-recipient agreement and constitute promised performances by the Sub-recipient in accordance with the Sub-recipient agreement and the Exhibits. C. Commissioner's Sionature. This Sub-recipient agreement is not effective unless signed by the Chief of GDEM or by his authorized designee. Waiver Any right or remedy provided for in this Sub-recipient agreement provision shall not preclude the exercise of any other right or remedy under this Sub-recipient agreement or under any provision of law, nor shall any action taken or failure to take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time. Venue For purposes of litigation pursuant to this Sub-recipient agreement, venue shall lie in Travis County, Texas. 8 EXHIBIT A THE APPLICABLE LAWS AND REGULATIONS The Sub-recipient shall comply with the Act and regulations specified in Section 2; OMB Circular A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovemmental review of federal programs); and 44 C. F. R, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Sub-recipients shall also comply with 2C.F.R. Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, 2C.F.R. Parts 225, State and Local Govemments, Part 220, Educational Institutions; and Part 230, Non-Profit Organizations. Compliance with Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial organizations is required. Sub- recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub-recipient agreement's activities and performances rendered by the Sub-recipient including but not limited to the laws and the regulations promulgated hereunder and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS) and Paragraph A through M of this Exhibit. A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. 9 2000d et seq.); (44 C.F.R. 7.1) htto:/Iwww.access.coo.cov/nara/cfr/waisidx 07/44cfr7 07.html B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. 9 794); (44 C.F.R. 16.101) htto:/Iedocket.access.coo.cov/cfr 2007/octctr/44cfr16.1 01.htm ; The Sub-recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469, Texas Govemment Code. htto:l1t102.tlc.state.tx.us/staMes/cv.toc.htm C. ENVIRONMENTAL LAW AND AUTHORITIES -In accordance with the provisions of law cited in 44 C.F.R. 9 10.8, the responsible entity shall assume the environmental responsibilities for projects under programs cited in 910.1, and in doing so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508. htto:/Iwww.access.coo.Qov/naralcfr/waisidx 07/40cfr1501 07.html; (44 C.F.R. 10.1) htto:/Iedocket.access.coo.Qov/cfr 2007/octctr/44cfr10.1.htm D. LABOR STANDARDS - The Davis-Bacon Act, as amended (40 U.S.C. 93142) htto:/Iuscode.house.cov/uscode- cai/fastweb.exe?Qetdoc+uscview+t37t40+ 1733+1 ++%28%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3AC ITE%20AND%20%28USC%20w%2F1 0%20%283142%29%29%3ACITE%20%20%20%20%20%20%20%20%20 ; The Contract Work Hours & Safety Standards Act (40 U.S.C.9 3702) htto:/Iuscode.house.Qov/uscode- cai/fastweb.exe?cetdoc+uscview+t37t40+1775+1 ++%28%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3AC ITE%20AND%20%28USC%20w%2F 1 0%20%283702%29%29%3ACITE%20%20%20%20%20%20%20%20%20; The Copeland "Anti-Kickback" Act (18 U.S.C. 9 874) htto:/Iuscode.house.cov/uscode- cai/fastweb.exe?cetdoc+uscview+t17t20+505+0++%28%29%20%20AND%20%28%2818%29%20ADJ%20USC%29%3ACI TE%20AND%20%28USC%20w''102F1 0%20%28874%29%29%3ACITE%20%20%20%20%20%20%20%20%20 E. FREEDOM OF INFORMATION ACT - (5 U.S.C. 552); (44 C.F.R. 5.1) htto:/Iedocket.access.Qoo.cov/cfr 2007/octctr/44cfr5.1.htm F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 -If the Sub- recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. 94601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and (Federal Assurance) - (42 U.S.C. 4601) htto:/Iwww.access.Qoo.aov/uscodeltitle421chaoter61.html; (44 C.F.R. 25.1) htto:/Iedocket.access.Qoo.QOv/cfr 2007/octatr/44cfr25.1.htm G. FAITH-BASED ACTIVITIES - Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith- Based and Community Organizations, (67 Fed. Reg. 77141) htto:/Ia257. c .akamaitech. netl7/257/2422114mar2001 0800/edocket.access.aoo. aov/2002lodf/02-31831 .odf H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) - Sub- Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the loca/level. htto:/Iwww-fema.aov/emeraencv/nims/nims traininQ.shtm I. PROGRAM INCOME - If a Sub-recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at htto:/Iwww.access.aoo.cov/naralcfrlwaisidx 04/28cfrv2 04.html and the Uniform Rule 28C.F.R. Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub-awards) with Institutions of Higher Education, 9 Hospitals, and other Nonprofit Organizations, at htto:l/www.access.QPo.qov/naralcfr/waisidx03/28cfr7003.html. Sub- recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 J. AUDITS - The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of Sub- recipient agreement funds received and performances rendered under this Sub-recipient agreement under the Single Audit Act (OMB Circular A -133; 44 C.F.R. 13.26) httD:I/edocket.access.QPo.QOv/cfr 2007/octQtr/44cfr13.26.htm. K. GRANT ADMINISTRATION - The Sub-recipient will also comply with Texas Government Code, Chapter 783, htto://tI02.tlc.state.tx.us/statutes/Qv.toc.htm; and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements,htto:/Iinfo.sos.state.tx.us/pls/pub/readtac$ext.TacPaQe?sl=T&app=9&p dir=N&p rloc=111847&p tloc=&p pi oc=1&PQ=2&p tac=&ti=1&pt=1&ch=5&rl=141 Sub-recipients must also comply with 44,C.F.R., Part 13, http://www.access.QPo.Qov/naralcfr/waisidx07/44cfr1307.html; with 2C.F.R. Part 215 http://www.access.QPo.qov/nara/cfr/waisidx08/2cfrv108.htmI#215. 2C.F.R. Part 225, Part 220 and Part 230. Parts 220 and 230 are not available on-line at this time. A link will be provided as soon as it becomes available. L. PROPERTY ADMINISTRATION - TAC Title 1, Part 5, Chapter 116, htto:/Iinfo.sos.state. tx. us/pls/pub/readtac$ext. ViewT AC?tac view=3&ti=1 &pt=5 M. PUBLICATIONS - 44 C.F.R., Section 13.34 http://edocket.access.QPo.Qov/cfr2007/octQtr/44cfr13.34.htm 1. Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a recipient or Sub-recipient purchases ownership with Federal support. The Recipient agrees to consult with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 2. The Sub-recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This Document was prepared under a grant from the National Preparedness Directorate, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security: 10 EXHIBIT B CERTIFICATIONS I, as Mayor/County Judge of , Texas, hereinafter referred to as the 'Sub-recipient: certify the following with respect to the expenditure of Sub-recipient agreement funds. A. The Sub-recipient shall minimize displacement of persons as a result of activities assisted with Sub-recipient agreement funds. B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964 (42 U.S.C. ~ 2000a et seq.) C. As specified by GDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with a project assisted with HSGP funds, the Sub-recipient shall follow a residential anti-displacement and relocation assistance plan. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The Sub-recipient certifies that it and its principals and vendors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub-recipients can access debarment information by going to www.epls.Qov and the State Debarred Vendor List htto://www.window.state.tx.us/procurementlproa/vendor performance/debarred/. 2. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 5. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (Federal Certification) E. Sub-recipient understands and certified that it will not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. F. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. Date Chief Elected Official, Mayor/County Judge 11 EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR SUB-RECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, , as Mayor/County Judge of the following to the best of his knowledge and belief. , Texas certifies the A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal Sub-recipient agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal Sub-recipient agreement, grant, loan or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal Sub-recipient agreement grant, loan or cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying form in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards including sub-contracts, sub-grants and Sub-recipient agreements under grants, loans, and cooperative agreements and that all Sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon that reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C 91352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Chief Elected Official, Mayor/County Judge Date 12 7 .-------------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested January 11,2010 Requested By Mayor Beasley Appropriation Source of Funds: Department: Mayor af.'ld City Coum:il Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Budgeted Item: YES NO Exhibits: Ro!';ll'!r & 8pplir.::llion!'; (81 YOllr !,;l'!::ll!'; dill'! 10 r.onfidl'!nli::ll info.) SUMMARY & RECOMMENDATION Discuss and consider appointment of vacant positions on the Animal Shelter Advisory Committee, Fiscal Affairs Committee and the Southeast Texas Housing Finance Corporation Board due to the resignations of Georgia Malone and Lou Ann Martin. Rob Roy has advised he will be resigning from his position on the La Porte Area Water Authority. ns' er approving ordinance appointment of members on various Boards, Commissions, and Committees as r ommended. Ron Bottoms, City Manager JJJjIO Date ORDINANCE NO. 3d.. 0 ~ AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 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 makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, (three (3) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1. - Debra Rihn 2010 Position 2 . - Nick Hooke 2010 Position 3. - Hector Villarreal 2012 Position 4. - Tucker Grant 2012 Position 5. - Steve Gillett 2010 Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Animal Shelter Advisory Committee, without term, or until their successors shall have been duly appointed and qualified: Veterinarian - Donna Medford, DVM No Term Rabies Control Authority - Ken Adcox No Term Animal Control Officer - Clarence Anderson No Term Animal Welfare Rep. - Dana Dicker No Term City Council At-large Pos. A - vacant No Term Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Convention and Visitors Bureau, without term, until their successors shall have been duly appointed and qualified: City Representative 1 - Stacey Osborne - Appointed 6/2009 Hospitality Industry Professional - Joe Bertuglia - Appointed 2/2008 Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Economic Development Representatives, without term, until their successors shall have been duly appointed and qualified: Date Appointed Member - Stacey Osborne - Appointed 6/2009 Member - Mike Mosteit - Appointed 10/2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, (two (2) year term)- for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 Position 5 Doug Martin 2011 Position 6 J.J. Meza 2010 Position 8 Chester Pool 2010 2 The City Council of the City of La Porte hereby ratifies the Mayor's appointment of Chairman Lindsey R. Pfeiffer as Chairman of the City of La Porte Tax Increment Reinvestment Zone Number One. The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 Position 9 Lloyd Graham (LPISD) Lindsay Pfeiffer(Harris Co.) Reappointment Chairman 7/27/09 2009 2009 Section 6. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Tom Campbell 2010 Position 2 Terry Bunch 2010 Position 3 Paul Larson 2012 Position 4 Ron Holt 2012 3 Position 5 Position 6 Position 7 Ken Schlather Michael Reedy Mark Follis 2011 2011 2011 Section 7. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 George Van Dyke No Term Citizen Position 2 Steve Valerius No Term Retiree Participant - Aaron Corrales No Term Employee Participant - Matt Daeumer No Term Finance Staff Michael Dolby No Term H.R. Staff Heather Weger No Term Legal Staff Clark T. Askins No Term Alternate Pos. 1 Martha Gillett No Term Alternate Pos. 2 Julie Graham No Term Alternate position 1 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member; Alternate position 2 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member, where Alternate Pas. 1 member is not present, or where more than one regular members are absent. 4 Section 8. The City Council hereby makes the following appointments to the Census Count Committee, without term, or until their successors shall have been duly appointment and qualified: Member - Charlie Perry - No Term Member - Vicki Campise - No Term Member - Herman Berges - No Term Member - T.J. Walker - No Term Member - Earl Ehlers - No Term Member - Jeanne Zemanek - No Term Member - Sherry Lowe - No Term Member - Sarah Lindeen - No Term Member - Manley Boudreaux - No Term Member - Ernest Escobar - No Term Member - Mike Cooks ley - No Term Member - Lou Ann Martin - No Term Member - Don Hill - No Term Member - Paula Swearingen - No Term Member - Marie Meehan - No Term Member - Susan Robinson - No Term Member - Jesse Garcia - No Term Member - Betty Moore - No Term Member - Henry Newsome - No Term Member - Joe Lopez - No Term Ex Officio Member - Ken Bays - City of Morgan's Point Ex Officio Member - David Stall - City of Shoreacres 5 Section 9. The City Council hereby ratifies and confirms the appointment by the City Manager of Civil Service Commission Members of the City of La Porte, (three (3) year term) - for terms expiring of the year indicated, or until their successor shall have been duly appointed and qualified: Chairman - Keith Trainer - 8/31/2012 Vice Chairman - Les Bird - 8/31/2011 Member - Michael Garcia - 8/31/2010 Section 10. The City Council of the City of La Porte hereby makes the following appointments to the Drainage and Flooding Committee, without term, or until their successors shall have been duly appointed and qualified: Chairman Mike Mosteit No Term Vice Chairman Mike Clausen No Term Member Chuck Engelken No Term Member Louis Rigby No Term Daryl Leonard - Alternate No Term Section 11: The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Jack Oliphant 2011 District 2 Jeff Brown 2012 District 3 Woodrow Sebesta 2012 District 4 Floyd Craft 2012 District 5 Jim Bridge 2012 6 District 6 Lester Clark 2011 At Large-A Bryan Moore 2012 At Large-B Paul Vige 2011 Mayor Lynn Green 2012 Section 12. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative John Joerns No term Section 13. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: Date Appointed Chairman Chuck Engelken Committee Member - Louis Rigby Committee Member - Tommy Moser Served as A1.ternate 2 since Served as A1.ternate 1 since Alternate Member 1 vacant Alternate Member 2 - Daryl Leonard 1998 2008 2010 2004 2009 2009 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Harris County Appraisal District Representative, without term, or until their successors shall have been duly appointed and qualified: Membe r - Ed Heathcott 12/31/2009 7 Section 15. The City Council of the City of La Porte hereby makes the following appointments to the Houston Galveston Areas Council Representatives, without term, or until their successors shall have been duly appointed and qualified: Representative Chuck Engelken No Term Alternate Representative Louis Rigby No Term Section 16. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Robert Roy 2011 Position 2 Dennis H. Steger 2011 Position 3 Steve Valarius 2011 Position 4 David Janda 2010 Position 5 Ken Schlather 2010 Section 17. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected ci ty officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but wi th reimbursement for actual expenses, (two (2) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2011 Mike Clausen 2010 Tommy Moser 2011 8 Bob Pizzitola 2010 Randy Woodard 2011 Pat Muston-(President) 2010 Richard Warren 2011 Section 18. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2011 Alternate Robert D. Johnston, M.D. 2011 Medical Advisor/EMS Oscar Boultinghouse Contract Section 19. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified. In addition the Council ratifies the Mayor's appointment of Lindsay R. Pfeiffer as Chairman: Position 1 Peggy Antone 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 Position 5 Douglas Martin 2011 Position 6 J.J. Meza 2010 Position 7 L.P.I.S.D. Rep 2009 Position 8 Chester Pool 2010 Position 9 Lindsay R. Pfeiffer, Chairman 2009 9 Reappointed Chairman, 7/27/2009 Section 20. The City Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory Board, a new Board required by the Texas Historical Commission, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1- Edward Matuszak, Chairman 2011 Position 2- Margaret Anderson 2011 Position 3- Bill Manning, Jr. 2011 Position 4- Jason Leopard 2012 Position 5- Rebecca Jones Jurtshuk 2012 Position 6- Mark Follis 2012 Position 7- Paul Larson 2010 Position 8- Ronda Lunsford 2010 Position 9- Debra Gallington 2010 Position 10- Position 10 Eliminated by Ordinance 2004-2782- L on August 28th, 2006 by City Council action. Position 11- Position 11 Eliminated by Ordinance 2004-2782- L on August 28th, 2006 by City Council action. There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main Street Coordinator 2 the City Manager of the City of La Porte, or his designee 3 the Manager of the La Porte-Bayshore Chamber of Commerce 10 Section 21. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman Hall Lawler 2012 District 1 Doretta Finch 2011 District 2 Richard Warren 2012 District 3 Kirby Linscornbe, Jr. 2012 District 4 Dottie Kaminiski 2010 District 5 Paul Berner 2010 District 6 Les Bird 2011 Alternate 1 David Janda 2010 Alternate 2 Lou Ann Martin 2011 Section 22. The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director vacant 2012 Section 23. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Position 2 Chester Pool T. J. Walker 2011 2011 11 Position 3 Rod Rothermel 2011 Position 4 Charles Schoppe 2011 Position 5 George W. Maltsberger 2011 Alternate 1 Lawrence McNeal 2010 Alternate 2 Gilbert Montemayor 2010 The City Council of the City of La Porte hereby designates George W. Maltsberger, of Position 5, to serve as Chairman of the Zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. Section 24. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 25. All ordinances or conflict herewith are repealed to the parts of ordinances in extent of such conflict only. Section 26. The City Council officially finds, determines, reci tes, 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 12 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 27. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this I~ay of CT~ 2010. By: CI~~E . '" a' Ba;'ry -easley- Mayor ATTEST: L-fYIWd- ~ jd 4 Martha A. Gil ett City Secretary APZ?? Af ~~ Cla k .~skins . Assistant City Attorney 13 8 A ,,,_. - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januarv 11. 2010 Appropriation Requested By: S. Gillett Source of Funds: N/A Department: Public Works Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Power Point Presentation Amount Requested: Exhibits: Budgeted Item: Exhibits SUMMARY & RECOMMENDATION The City recently completed a Water Master Plan, prepared by HDR Claunch & Miller. The Plan examined the city's current water system and made recommendations for future improvements to ensure adequate supply and pressure. Action Required bv Council: N/ A J ~ (,0 Date ........__~_...........~"_,..____"'"'-'~.~,A._ B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11.2010 Appropriation Requested By: S. Gillett Source of Funds: N/A Department: Public Works Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Street Projects to Date Amount Requested: Exhibits: Street Projects Proposed Budgeted Item: Exhibits Sales Tax Revenue Chart SUMMARY & RECOMMENDATION In May of 2006, the citizens of La Porte approved a $0.0025 (quarter cent) sales tax for street maintenance. The authorization is for four (4) years, and must be reauthorized by the voters. Funds collected may only be used for maintenance of existing street - it may not be used for new streets or debt service. Attached is a list and map of streets that received an asphalt overlay. Additionally, four (4) concrete streets (Old Orchard, Valleybrook, Antrim and a portion of Piney Brook) were replaced. An additional list of proposed street overlay and reconstruction is also attached. This list may be revised as needed, with plans to bid and construct this summer. A chart is attached illustrating projected and actual collections of the sales tax to date, as well as projected collections for the next four (4) years. The projected future collections are subject to reauthorization of the tax. I {1 ;'0 Date Public Works Department Streets Division To: Steve Gillett, Director From: Lee Weatherford, Superintendent Date: December 3, 2009 Re: Street Improvement Data Steve, Below are the Streets / totals for street improvements that have occurred since the inception of the Road Improvement Tax approved by the residents of La Porte. If you should have any further questions, please advise. 2 Year Totals · Old Orchard FY 2008-09 Concrete surfaces (2,511 LF) (8,370 SY) . Valleybrook . Piney Brook (1 blk) . Antrim Asphalt Overlay (67,750 LF) (181,639 SY) . South Idaho . West Adams . South Nugent . Flintlock . Andricks . Battle View . Montgomery . Monument . Catlett . San Jacinto . Belfast . North 1st . Crandall . West Tyler . Bois D'Arc . Deaf Smith . Houston Added . Santa Anna . Montgomery . South 7th . Bernard . Roscoe . Bayer . South Lobit . Clarksville . Roscoe . Belfast . South Carroll . Hillsdale . South Nugent . Ridgefield . North 11th . Creel Circle . South 11 th . Crandall . South Virginia . North 3rd . Crescent View . North 2nd . East "G" . Mossy . West "H" . Easy Concrete - 4,531 LF 15,103 SY Asphalt Overlay - 100,650 LF 264,320 SY FY 2007-08 Concrete surfaces (2,020 LF) (6,733 SY) Asphalt overlay (32,900 LF) (82,681 SY) . Robinson Rd . Carlow . West "I" . North 8th . South 5th . North 2nd . South 6th . Valley View . North 7th . South Carrol . West Madison . North"D" . South Lobit PUBUC WORKS DEPARTMENT STREET &. DRAINAGE DIVISION INTER-OFFICE MEMORANDUM TO: CC: Steve Gillett, Public Works Director Don Pennell, Asst. Director FROM: Lee Weatherford, Superintendent DATE: May 27, 2009 RE: 2009-10 FY Proposed Asphalt Overlay Program 2009-10 FY Proposed Reconstruction Program (Contractor) The following is a list of streets for overlay for the next Fiscal year. Street Name Scooe of Work LF Width SY Tons Cost Estimate 1. S. 1st Street W. Main to W. "A" 420 36 1,680 151 $ 7,257 2. S. 1st Street W. "A" to W. "E" 1,790 20 3,978 358 $17,184 3. S. 1st Street W. "E"to W. "F" 455 22 1,112 101 $ 4,803 4. S. 1st Street W. "F" to W. "G" 435 25 1,208 109 $ 5,220 5. S. 1st Street W. "G" to Fairmont 630 22 2,385 215 $10,015 6. Fieldcrest Valley View to west end 800 18 1,600 144 $ 6,912 7. Little Brook Valley View to west end 115 15 358 33 $ 1,584 8. Plainbrook Valley View to west end 800 18 1,600 144 $ 6,912 9. S.12th Spencer to south end 400 18 800 72 $ 3,486 10. W. "A" S. 11th to S. 12th 300 20 667 61 $ 2,928 11. E. Madison N. Brownell to N. Carroll 905 18 1,810 163 $ 7,824 12. E. "A" Street Blackwell to S. Holmes 975 15 533 146 $ 7,016 13. E. "A" Street S. Holmes to S. Nugent 315 22 770 69 $ 3,326 14. E. "A" Street S. Nugent to S. Brownell 315 18 630 57 $ 2,721 15. E. "A" Street S. Brownell to S. Ohio 315 19 665 60 $ 2,872 16. E. "A" Street S. Ohio to S. Utah 635 18 1,270 115 $ 5,485 17. E. "A" Street S. Utah to S. Iowa 630 22 1,540 139 $ 6,652 18. E. "A" Street S. Iowa to San Jacinto 600 20 1,333 120 $ 5,760 19. N. Carroll E. Main to E. Madison 350 20 778 70 $ 3,360 20. E. "B" San Jacinto to S. Idaho 1,665 20 3,700 333 $15,984 21. 23rd Street Spencer to "D" St. 1,415 26 4,087 368 $17,644 22. West "0" 23RD to Sens Rd. 965 24 2.574 232 $11.136 15,230 35,078 3,260 $156,480 $156,480 . Cost based on $48.00 ton Optional, if chip seal is completed prior to implementation of overlay program. 1. South 2nd Main to West "D" 1,745 36 6,980 628 $30,154 2. South 2nd West "D" to Fairmont 2,230 20 4,955 446 $21,408 3. South 3rd Main to West "A" 420 55 2,566 231 $11,088 4. South 3rd West "A" to West "F" 2,235 22 5,463 492 $23,616 5. South 3rd West "F" to Fairmont 1,765 20 3,922 353 $16,944 6. West "F" South 5th to South 8th 920 20 2.044 184 $ 8.832 9,315 25,930 2,334 $112,032 $112.032 Overlay Total ------- $268,512 The following is a list of streets proposed for reconstruction (Milling, full depth lime stabilized reclamation, single course chip seal & 1 1/2" asphalt). (Contractor) City Index Means Street Name Scooe of Work LF Width SY Cost Estimate National Ava. 1. South Blackwell Main to East "A" 415 21 968 $ 20,802 $ 23,232 2. South Blackwell East "A" to Park 2,320 20 5,155 $110,780 $123,720 3. South Blackwell Park to Roscoe 780 18 1,560 $ 33,524 $ 37,440 4. Bayside Broadway to Fondren 1,920 20 4,267 $ 91,697 $102,408 5. Dwire Broadway to Bay Oaks Dr. 1,375 20 3,056 $ 65,673 $ 73,344 6. Dwire Bayshore to Bay Oaks Dr. 1,110 18 2,220 $ 47,707 $ 53,280 7. Bayshore Bay Oaks to Dwire 215 16 383 $ 8,231 $ 9,192 8. Bay Oaks Broadway to Dead End 2,840 16 5,049 $108,503 $121,176 9. Bay Colony Sunrise to East end 2.890 24 7.707 $165,623 $184.968 13,865 30,364 $652,522 $728,736 FOR I Reolacement Cost Estimate (Derived from Means Heavy Construction Cost Systems) Means National Average SY Cost / Means City Cost Index (Houston, Tx.) / Angel Bros. Estimate Total Unit Material labor Eauip. Total Incl. O&P 320116.71 Cold Milling Asphalt Paving . 5200 Cold planing, 1" to 3" asphalt pavmt., over25,000SY SY .34 1.07 1.41 1.69 . Does not include haul cost to PW Yard City Cost Index (Houston, TX) SY 1.49 · Angel Bros. Estimate (includes haul) SY 3.00. 32 0116.73 In-Place Cold Reused Asphalt Paving . 5000 Reclamation, pulverizing and blending with existing base . 5040 - up to 4" thick pavement, over 15,000 SY SY NA 1.01 2.04 3.05 3.79 City Cost Index (Houston, TX) SY ------------------------------. 3.65 Angel Bros. Estimate SY ------------------------------. ? 313213.19 lime Soil Stabilization . 0011 Including scarification and compaction . Hydrated lime, for base. 6% mix. 8" deep SY 3.96 1.39 2.72 8.07 9.45 City Cost Index (Houston, TX) SY ------------------------------. 8.34 Angel Bros. Estimate (8% Flv Ash) SY ------------------------------. 4.65 Angel Bros. Estimate (6% lime) Preferred SY ------------------------------ ( ? ) 320113.66 Fog Seal · 0010 Fog Seal/Chip Seal · 1900 Asphalt surface treatment, single course · 0.30 gal/SY asphalt material. 20#/SYaggregate · Roadway or large area City Cost Index (Houston, TX) Angel Bros. Estimate SY 1.56 .24 .22 2.02 2.32 ~ ------------------------------. 2~5 SY - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2.00 321216.13 Plant Mix Asphalt Paving · 0340 Wearing course, 1 W' thick City Cost Index (Houston, TX) Angel Bros. Estimate SY 5.15 .44 .35 5.94 6.75 SY - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5.96 SY ------------------------------ 6.60 Angel Bros. 08-09 overlay cost $4.32 SY National Average SY Total City Cost Index (Houston. TX) / MF2004 Weighted Average / 88.3% Angel Bros. Estimate" SY SY ------------------------__________ Sy 10.67 3.17 5.52 19.36 24.00 21.49 ---------------------------------- 16.25** .Cost based on July '09 estimate for milling up to 6" and stockpiling @PWYard ** Final SY cost does not include: Full Depth Reclamation of up to 4" thick pavement lime Stabilization I ~ '"Cl Q) N "0:1"- ~ ~ g \0 '$.. 0.= N N 2 V") 0... t- '"Cl 0 Q) C") - \0 '$.. ~ () ~ o.~ V") - N 0 ~ ... t- o... '"Cl N Q) N- 00 ~ g t- '$.. 0.= t-' - N 2 C") 0... t- ~ ~ =: ~ .~ '"Cl t- .::: Q) ~ - - t- ~~ - () ~ '$.. o.~ 0' ~- N 0 C") -;a ... t- o... 00.'=1 ~ ~~ ~.~ '"Cl V") = ~ Q) 0- ~ '$.. ~~ ~ () N, ='=1 o.~ C") N N 0 N I ~ =: ... t- ... ~ 0... =- .... ~ = == -a ~~ ::l - \0 () '$.. ... ~ < \0 ~ 0\ C") ~ ~ 0\ C") I -5 0 t- a. 0 ... N 00. ~ ~ -a ::l \0 - C") () < 0 '$.. 00 0' N \0 0 t- o N -a ::l 0\ - 00 () < t- \0' t- ~ 0 t- o N ~ Q) 0 0 0 0 0 0 0 0 I CIl I: 0 0 0 0 0 0 0 0 Go'7 f-.. <<:l 0 0 0 0 0 0 0 0 '" ..s::: 0' <0 <0 <0 0' <0 0' 0' Q) u 0 0 0 0 0 0 0 0 -a '$.. 00 t- \0 V") "0:1" C") N ~ r/J Go'7 Go'7 Go'7 Go'7 Go'7 Go'7 Go'7 Go'7 c. ~~".C".,<-~.._~.---~-,._,._-_._.__.--..- .- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1-11-10 Bud2et Requested By: Kl'nith Adcox Source of Funds: Department: pglke Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Draft Agreement with ICAC Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Houston Metro Internet Crimes Against Children Task Force (ICAC) has expressed their desire to enter into a service agreement with the La Porte Police Department. The agreement would require the Police Department to provide one full-time detective, specifically identified as Detective Nathan Gates, to the ICAC Task Force. In exchange for Detective Gate's services, the ICAC Task Force would agree to compensate the City of La Porte for the involved detective's salary and benefits, including any overtime hours the detective may work. Additionally, the ICAC Task Force would provide the assigned detective with a work space and a vehicle, including associated fuel, maintenance and insurance costs. The initial agreement would be for a term of 1 year, with the intent of extending the agreement on an annual basis, while also including required structured pay raises. The agreement would further include a provision allowing the assigned detective to continue to provide the La Porte Police Department with assistance relating to computer forensics and emergency incidents (i.e. hurricanes) whenever deemed necessary by the Chief of Police. The Police Department has a long-standing working relationship with the ICAC Task Force and currently allows Detective Gates to provide part-time services to the ICAC Task Force. While the ICAC Task Force has recently agreed to compensate Detective Gates for overtime he incurs while working on ICAC cases, the City is not currently compensated in anyway by the Task Force relating to Detective Gate's regular salary. It is estimated that Detective Gates currently spends 40% of his work week investigating ICAC related cases. While the Police Department supports the mission of the ICAC Task Force's protection of children and believes this agreement would be in the best interest of the La Porte Police Department and its surrounding communities, the department recognizes that its investigative resources are limited. As such, the Police Department would not be able to absorb the loss of a full-time detective without compromising its ability to fulfill the Department's responsibilities to the La Porte community. Should Council decide to approve this request, the detective position vacated by Detective Gates would need to be filled and this would require that City Ordinance Number 3194 be amended; increasing the Police Department's authorized staffing by one officer for the duration of the ICAC assignment. A It {'O Date AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ WHEREAS, this Agreement is made and entered into by and between the PASADENA INDEPENDENT SCHOOL DISTRICT POLICE DEPARTMENT I HOUSTON METRO INTERNET CRIMES AGAINST CHILDREN TASK FORCE, hereinafter called "ICAC", and the CITY OF LA PORTE POLICE DEPARTMENT, hereinafter called "CITY". WITNESSETH: WHEREAS, ICAC desires to have the Chief of the CITY OF LA PORTE POLICE DEPARTMENT, hereinafter called "CHIEF", authorize and direct one (1) of CITY'S DETECTIVES, hereinafter called "DETECTIVE", to devote that DETECTIVE's working time to the ICAC TASK FORCE. WHEREAS, ICAC is willing to pay the CITY an agreed amount equal to the cost to the CITY for supplying law enforcement services, including salary and benefits, at the CITY'S pay rate, so as to enable the DETECTIVE assigned by the CHIEF to provide those services; NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties is, it is AGREED as follows: I. The CITY agrees to authorize the CHIEF to assigning a DETECTIVE to provide law enforcement services to ICAC. As used herein, the phrase "working time" means the usual or normal hours that the DETECTIVE is required to work in any calendar month, the time the DETECTIVE is in court in connection with cases arising out of events occurring within the area, the time the DETECTIVE spends in preparing reports and documents pertaining to events occurring in the areas, the time the DETECTIVE spends transporting persons arrested in the area to jail, the time the DETECTIVE spend investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to performing law enforcement services for the ICAC shall be deemed working time. The items lists above are explanatory and the meaning for "working time" is not limited to said list. II. ICAC agrees to pay to the CITY the sum of $84,921.01 for assignment of one (1) DETECTIVE to ICAC, for the first year included in this agreement. The Base Amount is based on one (1) DETECTIVE working eight (8) hours each regular work day. The Base Amount shall remain consistent for the first year, except as otherwise provided under this agreement. Increases of the Base Amount shall include and incorporate the DETECTIVE'S structured pay raises under this agreement, at the CITY'S pay rate. The ICAC agrees to pay the CITY for any additional hours that ICAC requires of the DETECTIVE to provide law enforcement services. Any additional hours must be approved through the ICAC or his designee. The additional hours (overtime) for the DETECTIVE'S work involving Internet Crimes Against Children will be paid by ICAC at the DETECTIVE'S standard overtime rate. As detailed below, ICAC further agrees that the Base Amount, and/or the increases to the Base Amount on this agreement, may be increased by a factor equal to Consumer Price Index - Urban (CPI-U) increases or three (3) percent, whichever is greater. The CITY shall notify ICAC of any increases at least thirty (30) days prior to the effective date of the proposed increase. The ICAC agrees to provide a vehicle for the DETECTIVE. The ICAC will be responsible for maintenance, fuel, and insurance for the vehicle. The ICAC understands that the DETECTIVE may be called on by La Porte Police Department to assist in investigations relating to computer forensics or if needed for temporary emergencies (i.e. hurricanes) whenever deemed necessary by the Chief of Police. The CITY agrees to provide to the ICAC an invoice, at end of each quarter, setting forth costs including Base Amount (salary) and overtime for providing the law enforcement services to ICAC. The ICAC agrees to reimburse the CITY the costs as set forth in the invoice within thirty (30) days of the date of such invoices. If ICAC, for any reason disputes any items in any invoices submitted by the CITY, ICAC shall promptly notify the CITY of the dispute and request clarification and/or remedial action. The decision of the CITY regarding all disputes involving the cost for providing a DETECTIVE shall be final. Payment shall be made to the CITY of La Porte, Attention: Finance Director, 604 West Fairmont Parkway, La Porte, Texas 77571. Invoices sent by the CITY shall be addressed to the PASADENA ISD POLICE / HOUSTON METRO INTERNET CRIMES AGAINST CHILDREN TASK FORCE 1515 CHERRYBROOK, PASADENA, TEXAS 77502 Attention: GENIA RIPLEY. Either party hereto may change its address for the purposes of this agreement by giving written notice of such change in the manner provided for in this agreement. III. The term of this agreement shall for one twelve (12) month period, as determined by the ICAC, commencing February 1,2010, thru and including January 31, 2011, and shall include an option to extend this agreement for additional one (1) years terms, contingent on federal grant approval for salaries, with the same terms and conditions, upon the express written approval of the CITY and the ICAC, which option must be exercised and agreed to by both parties, no later than thirty (30) before the expiration of the current term. It is expressly understood and agreed that the period or term of this agreement may be terminated with or without notice by the CITY at any time after ICAC has defaulted on any payment of any obligation hereunder. Further, it is expressly understood and agreed that the period or term of this agreement may be terminated by the CITY or ICAC for any reason with 90-day written notice to the other party. Payments hereunder shall be pro-rated to effective date of cancellation. Any notice permitted or required to be given in this section to ICAC shall be given postage prepaid, return receipt requests, and addressed to by registered or certified United States, mail, to PASADENA ISD POLICE / HOUSTON METRO INTERNET CRIMES AGAINST CHILDREN TASK FORCE 1515 CHERRYBROOK, PASADENA, TEXAS 77502 Attention: Lt. Matthew Gray. Any notice permitted or required to be given in this section to the CITY shall be given by registered or certified United States mail, postage prepaid, return receipt requested, and addressed to the CITY, Attention: CITY Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571. IV. Operating with the La Porte Police Department's Operating Procedures, it is expressly understood and agreed that any DETECTIVE assigned to work at the ICAC shall be subject to the exclusive control and supervision of the CHIEF and to the same extent as all other DETECTIVES, and shall have no duty or obligation to the ICAC other than those duties or obligations which the DETECTIVE would have to the public generally, to enforce state and federal laws and CITY ordinances. V. It is expressly agreed and understood between ICAC and the CITY, that if, in the opinion of the CHIEF, it is necessary to use the DETECTIVE assigned to carry out this agreement for other duties due to an emergency, or other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of the DETECTIVE to comply with the agreement. It is, however understood by both the CITY and ICAC that ICAC will be credited on a pro-rata basis for the charges hereunder if the DETECTIVE is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the CITY are in no way to be considered employees ofICAC. VII. Should any litigation be commenced between the parties hereto concerning this agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation. Nothing in the paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY or ICAC. VIII. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas. IX. If anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. x. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the subject matter within. XI. No amendment, modification, or alteration of the terms hereof shall be binding unless submitted in writing, dated subsequent to the date hereof, and duly executed by both parties. XII. Neither party to this agreement may assign their rights, duties, or interest without first obtaining written consent of the other party. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment without the written agreement of both parties, or an assignment by operation of law, shall be void, and shall, at the option of either party, terminate this agreement. IN WITNESS WHEREOF, the undersigned ICAC and CITY hereto execute this agreement effective on this day of , 2009. CITY OF LAPORTE By: Ron Bottoms City Manager ATTEST: By: Martha A. Gillett City Secretary APPROVED: By: Clark T. Askins City Attorney HOUSTON METRO INTERNET CRIMES AGAINST CHILDREN TASK FORCE By: Matthew Gray, Lt. Commander By: C.E. Ellis Chief of Police D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1-11-10 Bud2et Requested By: Kpnith Adroy Source of Funds: Department: pglic:e Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Power Point Presentation Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION The Police Department is requesting that its existing Internal Affairs/ Public Information Officer position be up- graded from the rank of Detective to Sergeant. This upgrade is consistent with the complexities and responsibilities of the assignment in question, which is, customarily, filled by supervisory level personnel in the overwhelming majority oflaw enforcement agencies. The cost of up-grading this position is anticipated to be approximately $4,487.74 for the remainder of the fiscal year and would be absorbed by the Police Department's existing budget due to salary savings in other areas. 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"- -I-J .8.& OlC C ro .- 0> 'tJ~ C 0 o QJ &-70 QJ ;s 1.:;. ...... 1.....: 'tJQ.. c'tJ roc 'ro Su ........ ........ $15 C :J oQ.. .- 1- 10 OJ ES 1.....: 0 J2'tJ .f; c Q)ro c ' ...... ro 1..... .- ro'tJ c55E - - ro Ol c :.c 3 .- - "- U ~ . - OJ C C o f2 OJ Q.. -I-.J C OJ E 1- ro Q.. OJ a f!j .- - ~ S ~ ~ OJ .- .::> 1..... 2 C .- ro .- 'tJ OJ E . 1- OJ Ol ro c ro E OJ Ol ro Q.. I ..0 ~ ...v> -I-.J C OJ E 1..... ro Q.. OJ a f!j .- - o Q.. OJ S V> ro Ol c .- .::> 1..... OJ V) b "--' S ,.... .W as f&~~ .~ .:s; (.) a; :J a ~ '. ~ ...... ~ .~ ~ ~~tlJ;;~ , .~ ~ .s ~ ~ ~ (1) .~ ~ ~ ~ -...J .S ~ ~,~~o ~~o-SCJ c3.s~~e ~ <Z> .~ ~ ~ -s , ~ o 0 ~~ ~.~ .~) ~ ~ .0 C/) ~ ~ ~ ~ .S Q) ~. ~ :S .S2 ~~~ ~~~ ~ .;s .S C&~~ ~ 0 Q) ~a:S t::- ~ Q) ~ c:- c:: f&~g Q) ., ~ f.2 -;s Ct) Q) , ...c::- ~ Qj~ C/)~ ~o ~ E REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 11. 2010 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Plannine: Amount Budgeted: N/A Report: -X-Resolution: _Ordinance: _ Amount Requested: N/A Exhibits: · Previous Municipal Water Service Agreement . Area Map - 9515 Spencer Highway Budgeted Item: _YES ..,X.,...NO SUMMARY & RECOMMENDATION Mr. Gene Zigler who owns a building located at 9515 Spencer Highway in Deer Park has requested restoration of water service previously provided by La Porte to his site. Mr. Zigler is seeking La Porte water service because the City of Deer Park's water system does not currently extend to serve his property. Mr. Zigler has previously received water service from La Porte under terms of a Municipal Water Service Agreement between himself, Deer Park and La Porte which was executed in November of 2004. However, this agreement expired in November of 2009 (attached). Staff has reviewed the owner's request and has determined that the city has the ability to provide service to the site under the same terms as the previous agreement. Should Council agree to provide water service, the City Manager of Deer Park has stated he will present the matter to Deer Park's City Council for consideration at its January 19th, 2010 meeting. Under the previous agreement, the City billed the owner at one and one-half (1-1/2) times its prevailing commercial water rate and retained the right to interrupt or terminate water service to the facility at any time the water main or the owner's service line experienced a failure. Additionally, the property owner assumed all liability for any damage to the Spencer Highway roadway resulting from loss of water and/or repairs conducted by the owner on his service line. The agreement also contained provisions allowing the City to terminate its water service to the site in the event that the City of Deer Park's potable water facilities become available within two- hundred (200) yards of the owner's site. The term of the previous agreement was three (3) years with an option for an additional two (2) year extension. J~(,O Date e e MUNICIPAL WATER SERVICE AGREEMENT This agreement witnesseth that the City of Deer Park and the City of La Porte, both situated in Harris County, Texas, have constnlcted and agreed by and between themselves as follows: The City of La Porte agrees to furnish water from its existing municipal water distribution system to provide water to 9515 Spencer Highway, in Deer Park, Texas. (Mailing address is 95]5 Spencer Highway, La Porte, Texas) The initial tenn of this agreement shall be three (3) years with an additional two (2) year option term which shall be automatically extended unless either City shall notify the other party to tenninate in writing at least thirty (30) days before the end of the initial three (3) year period. The City of La Porte shall be paid by the owner of 95 I 5 Spencer Highway, the amount of one and one- half(J-]I2) times the prevailing commercial water rate of the City of La Porte. The City of La Porte shall not be responsible for any repairs to the service line providing water to the property at 9515 Spencer Highway. The service line is defined as the water line from the La Porte water main on the south side of Spencer Highway to the owner's property and building. The property owner shall be solely responsible for any and all repairs necessary to the service line providing water to the above-referenced location. Additionally, the property owner shall be liable and responsible for any and all damage to the roadway or for water loss caused by the property owner's repairs to service line, providing water to 9515 Spencer Highway. The City of La Porte shall have the right to interrupt or tenninate service at any time the water main or service line is leaking until the line is repaired. [fwater service from the City of Deer Park shall become available to within 200 yards of9515 Spencer Highway anytime during the tenn of this agreement, the City of La Porte shall tenninate water service to said property at the end of sixty (60) days from the availability of a City of Deer Park supplied potable water source. The owner of the property at 95 I 5 Spencer Highway shall execute this agreement to signify his acceptance of all the tenns, conditions and liabilities herein prescribed. IN WITNESS WHEREOF, the City of Deer Park and the City of La Porte have caused this agreement to be signed by the respective City Managers, the said agreeme t ving been authorized by action of the Mayor and City Council of Deer Park taken on the L day of ~~ 2004 and by action of the Mayor and City Council of La Porte en on the g day of A.J {Jill' rn h~ r .2004. -~VAth~ By: ROD Crabtree a~~~pL By: Debra B. FeazeUe City MaDager or La Porte AREA MAP F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11. 2010 Appropriation Requested By: Stephen L. Barr Source of Funds: FFM A Sylv:m Rellc.n Fsc.row Department: Parks & Recreation Acc't Number: (escrow) 1-000-202-0610 Report: ~Resolution: _Ordinance: _ Amount Budgeted: (F)$479,314 (E)$231,560 Exhibits: Sylvan Beach Fishing Pier Location Report Amount Requested: Exhibits: Bud17eted Item: YES X NO Exhibits: SUMMARY & RECOMMENDATION See Attached Report and supporting documents regarding potential Sylvan Beach Fishing Pier locations. Action Required bv Council: Receive Report on potential Sylvan Beach Fishing Pier locations and give staff direction. Jj,o Date Sylvan Beach Fishing Pier Replacement Location Report for City Council January 11, 2010 Overview The Sylvan Beach Fishing Pier was heavily damaged by Hurricane Ike in September 2008. The City's agreement with Harris County for operation of the fishing pier, calls for the City to take the lead in the replacement process. The City submitted claims for insurance and through FEMA for replacement funds. Although the City of La Porte insured the pier for windstorm damage, it was not insured for flood. FEMA initially set the damage response at $129,314.07, anticipating the remainder from our insurance. After the insurance adjusters determined that our coverage was not applicable, FEMA adjusted their damage estimate upwards by an additional $350,000, for a total of $479,314.27. In addition, the City/County Pier Escrow Fund has a balance available for repairs of $231,560.02, bringing our total available funding for replacement, to $710,874.29. In 2007 we solicited and received an estimate from Marine, Inc., a local marine construction company, for complete removal and replacement of the pier, at +/- $450,000 (please note that this is pre-Ike pricing). So, we should have enough money to replace the pier and retain a healthy balance in the escrow for future protection. Current Status of the Pier To date, the City has contracted, to demolish the existing pier and that has been accomplished, for $78,400. In addition, the City has hired an architect to design the new pier with the same design as the Sea breeze Pier, which suffered minimal damage from Ike. FEMA has indicated to our Emergency Management Department, that without an extension, its funding will only be available until September 2010. Jeff Suggs indicates that the FEMA extension is onerous and there are no guarantees that they would grant it even if we submitted it. Possible Locations of the Fishing Pier There are three potential locations for the replacement of the Sylvan Beach Fishing Pier. Harris County officials have indicated that they do not have a preference, and that either location in Sylvan Beach Park would be acceptable. Of course, there are pros and cons for all locations that I will try to identify for you, and receive direction as to the eventual location. 1. Present Location - the current location is a good one in that it is comfortable and we're all used to seeing it there. In fact, there have been two other locations in the past 75 years, one some 150 feet to the south of the current location and one approximately 600 feet to the north of the present location (see slide). The Bait House is close to the pier, making for easy monitoring of the patrons entering and leaving, and the current parking lot is convenient for fishermen to park, get bait, pay their fee, and then go fish on the pier. Another advantage to this site is the electrical controls for the new shoreline project, as well as the electrical for the pier lighting, is located in the Bait House. The biggest advantage to this site is that the pier can be rebuilt under the U.S. Corps of Engineers Nationwide 3 permit (see attached information). In short, there is no waiting for approval of a USACE permit if the pier is built in the same location at the same length. 2. Move the Pier to the North End of Sylvan Beach - moving the pier here will allow several things to happen. The center of the park would then be available to, at some point in the future finish out the beach, making it a solid beach for about 1,700 feet. This would just about double the beach size, making it an even greater recreational asset for the citizens of La Porte and Harris County, and increase the economic impact of the park as more residents took advantage of the beach. As you can note in the Harris County Master Plan, the Bait House is eventually scheduled to be moved down to the shoreline; it could easily be relocated to the north end. All of the existing parking is scheduled to be moved at some point in the future. Moving the pier at this time makes sense because it will probably be the last chance to do so (at least in our lifetime). Some drawbacks to the move are that it would require a Letter of Permission from the Corps, which is not as stringent as a full-fledged Permit process, but is still time consuming. The estimated time for the Letter of Permission process, is 3 to 8 months. The Bait House operator would have to wait somewhat longer for the pier bait business to pick up, but they should see a tremendous increase in recreational sales in the spring when the beach will be open for business. In the meantime, they still do good business selling bait for boat fishing. In regard to parking, the new shoreline project is providing a 10 foot wide concrete pathway the entire length of the shoreline, so patrons can walk from their cars to the pier without getting muddy. Almost all of the pier fishermen bring buggies or wagons with their gear attached, so that really shouldn't be an issue. Finally, the north site makes sense because the old Bait House, once moved, would be available for the new Sailing facility that would bring an additional recreational amenity to the Sylvan Beach Park. 3. Move the Pier to the South End of Sylvan Beach - moving the pier here is a long shot because Harris County still has not decided the fate of the Sylvan Beach Pavilion. If it is restored or another venue built there, it would most likely result in substantial parking issues with the existing boat ramp, the Pavilion, and the pier anglers all trying to utilize the same parking spots. If the Pavilion is removed, then this would actually be the best spot for the pier because, with the potential move of the Bait House, the boats and walkers could all have access to live bait and other purchases without having to drive to the central portion of the park. Summary & Recommendation In summary, all three sites have their drawbacks, and their advantages. Staff recommendation is, because of the time constraints of the USACE permit process, and no guarantees of an extension for the FEMA money, staff recommendation is that we move forward with placing the pier at its previous location. We are asking direction from City Council for this important decision. Please let me know if you need additional information or if I can be of assistance in any way. FACT SHEET NATIONWIDE PERMIT 3 MAINTENANCE. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of and within existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and the placement of new or additional riprap to protect the structure. The removal of sediment is limited to the minimum necessary to restore the waterway in the immediate vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend further than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an upland area unless otherwise specifically approved by the district engineer under separate authorization. The placement of riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure. Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer. (c) This NWP also authorizes temporary structures, fills, and work necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation or beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. Where maintenance dredging is proposed, the pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Sections 10 and 404) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualifY for the Clean Water Act Section 404(f) exemption for maintenance. nd lake a trip through the music ~~ tbetbe ~1y established. .~w~__j~~.. ~ ~.....---.J L____---.J [ lUlU amusemcmt parIc: ---- ~~-~--~--,>--- Iayground and skam parIc: \" J Walen" fountain plaza '\: gazebo provides &bade . and small step down II ! I i Ii -' L_ -.u. - Old Pier Pilings I I ~ -_-1-l '1../. _ - - DIln1NO EACIlP.~ III.OCAUA1'lllOAC8AJm ........... UDO'lTMT nd take a trip through 1he music s to 1he newly e&lablished\~\ \ I ,_....._ " . __________j ~ '------I ........., amusement park ---------,~ Iayground and skate park,\...., C WaterII" fountain plaza -;~ gazebo provides shade !IglI and amall step down II -- -... - BIJIJ1MlI~PAvu..JII JIILOCA'I'S.AIftDN:8AJID .-.... UINm'..y ~""1-.""'I-l VI _ - - :t;=~~..s'~"':;'~~~-~ J 1tIl__'"""__,_......r ~ 1~1""""" ''''('1.1'' ,... tf:......S1.n:I'lMlt~l(MTt... aJ" us tUl III ~-::'::0JI:_~1H1i -..w~oa ==-~ ____ :~MtIllll't~lO___THl_T'II(_IIII)OIICltKl_- !~~~__,.._....-eNCllIOiUI,.""""'lOC_.._ _..m ,\J-~~.~--~~ ) ,_m,1 ) HORtH or ~CPlEfl --!I --- ~ ~:' B~~~n~' /~ -I" I I I fliii....--j n+-oo I ROPe . ea.l..AAO ..-.. "".... $[[DUI\l. (' 1kUNtDS) I~ ,\"".""D-" ...""""" """" ~~~j- TtX::: ~____ '-,,,,S:0f'( (~O$.)..'- ...-........ "0 \ Le~v~r~roject a blfild pier past epd of ~rQj~ct a '-'restrict fjshil1~g-- south side... -- IlSlll 'llJIQ.IIIlC",W - IS3ULfGIIllLO-Ol...." URS 1101W.........Rd. ....... Honlmon.,Te_11lM2 (113)llt..ee99 ~ '!HIS tlOClJM[Hf IS I!(LEASf:O JOlt R{Vt[W QfrI JUlY )0 2001 UNDtR IIU1HORlfY or WND( L lUolOCti, ~~.~IS~IO"t~fOR GENE....lNCllFRCE SYlVMIEAC)I~NJ~IBQllO.ll!ltl8l SITE LAYOUT Proposed Realignment of Beach due to Hurricane Ike destroying the Sylvan Beach Fishing Pier, September 13, 2008 Proposed Beach & Pier Re-alignment I..~~=:::,~,,"'~afJ.:~~':', ~~-==~-:~t~:it":----- '~~ :::'.=".:-"=: :::::_ _l..- ~.~ _." ,... ~;:=...__..._--~- :'=:J~__.._._..____.._ \T:=:' =?- ~-~ .~~ \')' , )f ;~~:~ :~~ ~:~~~;.;;~~~; . I North side of pier / / l/'~ J t.!!.""..!!!- --""'!!!.!!- .~ N' ._... Jt!!f't .' ,,, '......IM;. HII<<:f r i I I 1 ! \ ."fll't"fh" _~ \ ~-~-~~--._~._~~ Leave project a build pier past end of project a restrict fishing south side... is, rth d .- =- ~= :,::.,~:. ':'" -:-~Jl;" r~~ :'.~..':.:~~~:'.. URS --- -- .......'_,I'IG ttu...."" -;"-~" --"" ._........~I---- ~1l!!lIII.~ SlltlA'f'OUf t~ t4lM.ctOO G -..-.......--..-.---.-...---..---.---.-- Agenda Date Requested: Jan FOR CITY COUNCIL AGENDA ITEM Bude:et Requested By: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: 0 Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Monday night I would like to discuss with you the direction that you want to go regarding the City's Main Street area. As you know, currently we are participating in the Texas Main Street program and have been since 2005. We have received our renewal notice from the state for continuing in the program and I thought that this would be a good time to evaluate the program, and more specifically how we can best meet the needs of the Main Street community. As you know, the Main Street area has been identified as a key ingredient in the City's economic development future and has consistently been identified by the public at large as a vital component of our community. As such we continue to direct resources to this area; including taking control of the street from TxDot, installing and replacing sidewalks, increasing parking, holding monthly downtown meetings, purchasing banners and Christmas decorations, and tree trimming and general maintenance activities. We are also in the process of enlisting the assistance of a trat1ic engineer to evaluate trat1ic on Main Street, to include traffic calming and pedestrian safety. Staff feels that transitioning back to a volunteer based Main Street Association type organization might better meet the needs of the downtown community ~ formalizing the direct interface between Main Street business owners and City staff. One of the consistent comments made by downtown business owners is that they have not had a voice in developing guidelines for the future of Main Street. I know that the Main Street Advisory board has pursued input from the downtown business owners, but has had mixed results. Dealing directly with Main Street business owners would ensure that their voices are heard and would build upon relationships that stafThas developed over the last year. Several of the current Main Street Advisory board members are downtown business owners and could easily transition as members of the association. I think its clear that your commitment to the Main Street area is ongoing and that we will continue to provide the resources to assist with the redevelopment of the city's downtown area. Action Required bv Council: Provide direction to staff. _______"_..._._..___ _.__d_._.._,._...__"_n..._.~._._~~~_~_"____-""-~___~ ( /7/() Date 10 CITY COUNCIL DRAINAGE REPORT January 11,2010 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont Park West, Brookglen and Fairmont Park East. First phase of flume construction scheduled to begin by mid February for 5 flumes along B112 (main stem only). Owner meetings have occurred, notification updates have been sent. Valleybrook and Creekmont designs have been received, and adjustments are underway for angle of channel intersection. Easements have been requested. . Drainage Study of Brookglen. Determined three phased approach was used for 2009 SRL program. Have received list of homes included in 2009 and proposed 2010 buyout programs. We provided recommendations to HCFCD regarding priority properties, based upon slab elevations and neighborhood integrity while taking into account effect of proposed improvements. Consultant is beginning design work for proposed detention facilities. Consultant will produce preliminary engineering reports and models based upon associated channel improvements proposed; will design detention systems with appropriate alternates and obtain approvals; and will conduct bid and construction phase processes. . Fairmont Park East - Fleetwood Drive. Impact analysis has been submitted to HCFCD. Continuing effort on the preliminary design of the Fleetwood Dr. vertical profile. Slab elevation surveying by consultant in Fairmont East is complete and has been submitted to the consultant. By-weekly meetings have been held with the consultant to review progress on the Preliminary Engineering Report. The draft report is due in late January, with the final report due in February. A date for the next Drainage and Flooding Committee meeting will be suggested at the first Council Meeting in February. In-House Design and Construction of City-initiated Projects. · South La Porte Bay Outfalls. The plans and specifications for the Oakhurst Outfall have been furnished to Harris County for implementation. The County has not furnished a time line for bidding. Staff has completed design and received quotes to install a new outfall in the Pine Bluff subdivision at the Pine Bluff Pocket Park. This Park was damaged by Hurricane Ike, and restoration has been on hold until the new outfall is completed. A contractor has been selected and authorized to proceed. . F-216 Regional Detention Proiect. Clearing of F-216 regional detention is underway. First phase of excavation is approximately 25% complete. Corps of Engineers permit is pending, and water quality certification has been received. · Coordination with Harris County Flood Control. - Meeting with Mike Talbot and HCFCD Staff occurred in December regarding Brookglen and FIOl. HCFCD will continue to work with the city to evaluate benefits of phased construction in Brookglen. City reminded HCFCD of request for pressure transducer at B112-02 just downstream of Somerton to provide more accuracy to existing model. F101 Pipeline crossing project scope to be developed in Third Quarter 2010. Desilting project to bid First quarter 2010. In-House Drainage Maintenance Activities. · Bay Colony. Construction was scheduled to begin in December, but weather has delayed. Written permission has been obtained from the HOA to enter the Association Park to lower the outfall to the Bay to accommodate proposed improvements. Once this is complete, construction can begin on improvements. · North and South Shady Lane. Personnel have re-inspected culverts and open gravity drainage systems for debris from residents in the process of restoring homes. The open ditch gravity system flow lines will be reestablished as necessary. City has mailed a letter to the resident at the east end of N. Shady Lane regarding a question about R-O- W abandonment for the proposed outfall. City Engineer will reexamine the recently installed crossover pipe on eastern portion of South Shady Lane to ensure that the installation did not cause adjacent residents to experience drainage problems (email from affected resident). · Harris County Precinct 2. Staff has been attempting to set a meeting with Precinct 2 personnel to discuss a variety of County-related drainage issues, including the POH Pre-check Facility/Lobit, East Main, Park Street, Bayshore Drive and North L Street. No meeting has been set to date. · In-Fill Drainage. Cleaned ditches in various areas of the city. Currently concentrating in the area bounded by South 8th, Main, Broadway and Fairmont Parkway. Inspected and cleaned underground storm sewer system in the Shady River Subdivision. · Total drainage maintenance completed in August · Cleaning of Ditches · Resetting culverts · Inlet installation/repairs · Culvert Maintenance/cleaning 5,720 LF 232 LF 9Ea 432 LF Meeting Handout ---- ~o^ ~ItexGroup January 7, 2010 To: Mayor Barry Beasley City of La Porte Texas 604 W Fairmont Pkwy La Porte, TX 77571 Certified Mall # 7001 1940000031267162 RECEIVED IjAN 11 2010 CITY I.CRaTARY'S O'''CI NOTICE TO PUBLIC La Porte Bayview Crossing, LP is making a pre-application for 2010 Competitive Housing Tax Credits with the Texas Department of Housing and Community Affairs for the Bayview Crossing Apartments, Approximately 2530 S. Broadway, La Porte, Texas, Harris County. This New Construction project is an apartment community comprised of approximately 128 units of which the income levels are as follows: }o 5% or 7 units at 30% of the area median income }o 35% or 45 units at 50% of the area median income }o 60% or 76 units at 60% of the area median income These income levels based on family size are as follows: Income 1 2 3 4 5 6 Level 30% $13 400 15.300 17 250 $19 150 20,700 22 200 50% $22 350 25.500 28,700 $31 900 34,450 37000 60% $26 820 30.600 34,440 f38 280 41,340 44 400 The total restricted income percentage of the Development is 100% of the total 128 units. The Development will serve family households. The number of units and proposed rents (less utility allowances) for the subject property's tax credit units are: 36 - 1 Bedroom Units for 68 - 2 Bedroom Units for 24 - 3 Bedroom Units for $358 to $717 $431 to $861 $498 to $995 There will be a public hearing to receive public cornment onthe proposed development. Information regarding the date, time, and location of that hearing will be disseminated at least 30 days prior to the hearing date. If awarded, this development would be ready for occupancy by approximately December 31, 2011. For more information on this notice, please contact La Porte Bayview Crossing, LP Christopher Akbari, 3735 Honeywood Court Port Arthur, Texas 77642 (409) 724-0020 voice I (409) 721-6603 facsimile. For information on the Housing Programs, see www.tdhca.state.tx.us. BARISTONE DEVELOPERS, LLC, an Itex Group Company The Itex Group I 3735 Honeywood Ct I Port Arthur, TX 77642 409.724.0020 (v) I 409.721.6603 (f)