HomeMy WebLinkAbout2010-3-22
MINUTES OF REGULAR MEETING
OF THE LA PORTE CITY COUNCIL
MARCH 22, 2010
1. Call to order
The meeting was called to order by Mayor Pro Tem Black at 6:00 p.m.
Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, Daryl
Leonard, John Zemanek, Mike Clausen, Mayor Pro Tem John Black, Mike Mosteit and
Chuck Engelken
Members of Council Absent: Mayor Beasley
Members of City Executive Staff and City Employees Present:
City Manager's Office: John Joerns and Melisa Lanclos
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Public Works: Steve Gillett
Planning: Tim Tietjens, Rodney Slaton, Debbie Wilmore and Isaac Rodriquez
Police Department: Ken Adcox, Chris Paige, John Krueger, Sergeant Ditrich and Sherman
Moore
Parks and Recreation: Stephen Barr, Mike Hovendick and Eddie Weber
Purchasing: Susan Cream
Economic Development: Stacey Osborne
Fire: Mike Boaze
Golf Course: Alex Osmond
EOC: Jeff Suggs and Kristin Gauthier
Others Present: Mrs. Ted Powell, Decker McKim, Dan Seal, Bob Mitchell, Charles Gilliam,
Adam Yanelli of the Bayshore Sun, Jay Dunham, Barbara Norwine, Colleen Hicks, Lou
Ann Martin, Chuck Rosa, Mrs. Chuck Rosa, Kathryn Aguilar, Martin Benitez, Leslie
Arevalo, Dottie Kaminski, Venessa Wilson, Rick Tarvar, Jane Jacobs, Richard Warren, Jan
and Hal Lawler, Mark Follis, Linda Tarvar, John Nesvadba, Felix Dlouhy, Christopher
Dlouhy, Paul Chavez, Brenda and Ardeld Buyont, Phillip Hoot, James Larson, Barbara
Kuiz, Trenton Brooks, Revio Davis, Father Gary Rickles, and other citizens.
2. The Invocation was given by Father Gary Rickles of St. Mary's Catholic Church.
3. Councilman Chuck Engelken led the Pledge of Allegiance.
4. Presentations/Proclamations
A. Parks and Recreation Director presented the "Earth Care Organization Day"
proclamation to recipients.
Minutes of Regular Meeting of La Porte City Council on March 22, 2010
2
B. Councilmember Louis Rigby presented the "Red Suspenders Week" proclamation to
several Red Suspenders recipients.
C. Planning Director Tim Tietjens recognized the Texas Independent Relay Team.
D. Chief of Police Ken Adcox presented certificates to the Explorers.
5. Consent agenda - Any item may be removed by a Council person for discussion
A. Council to consider approval or other action of minutes of Regular Meeting, Public Hearing
and Workshop Meeting held on March 8,2010 - M. Gillett
B. Council to consider approval or other action awarding bid # 10021 for replacement of the
water line along South Broadway from West A to West E Street and from West F to West
G Street. - S. Gillett
C. Council to consider approval or other action regarding an ordinance changing East A
Street from a two way east and west bound traffic corridor to a one way traffic corridor for
west bound traffic only, from South Virginia Street to San Jacinto Street (Ord. 3227) - T.
Tietjens
D. Council to consider approval or other action regarding the acceptance of the FY 2010
HMEP (Hazardous Materials Planning Grant) to be used to strengthen LEPC's public
awareness campaign - J. Suggs
E. Council to consider approval or other action regarding an ordinance authorizing an
Interlocal Agreement between the City of La Porte and Harris County, Texas for
cooperation on construction and funding of roadway improvements on Fairmont Parkway,
from state Highway 146 to 500 feet west of 16th Street (Ord. 3228) - J. Joerns
Assistant City Attorney Clark Askins read the following agenda captions:
Ordinance 3227 - AN ORDINANCE CHANGING EAST A STREET FROM A TWO WAY
EAST AND WEST BOUND TRAFFIC CORRIDOR, TO A ONE WAY TRAFFIC
CORRIDOR FOR WEST BOUND TRAFFIC ONLY, FROM SOUTH VIRGINIA STREET,
TO SAN JACINTO STREET; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3228 - AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR
COOPERATION ON CONSTRUCTION AND FUNDING OF ROADWAY IMPROVEMENTS
ON FAIRMONT PARKWAY, FROM STATE HIGHWAY 146 TO 500 FEET WEST OF 16TH
STREET, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Minutes of Regular Meeting of La Porte City Council on March 22, 2010
3
Motion was made bv Councilmember EnQelken to approve the consent aQenda as
presented. Second by Councilmember Moser. Motion carried.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Zemanek and
Mosteit
Nays: None
Abstain: None
Absent: Mayor Beasley
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Kathryn Aguilar - 3119 Fondren - Ms. Aguilar advised Council she still wants to see an
external audit be conducted regarding the recent issues raised about the Five Points
project. She does not want the City to just conduct an internal audit.
Addendum item was taken at this time.
Council considered approval or other action regarding a Memorandum of Agreement with
65 La Porte L TD, regarding the Lakes at Fairmont Greens development and detention
pond - T. Tietjens
Motion was made bv T ommv Moser to approve the Memorandum of AQreement. Second
by Councilmember Zemanek. The motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Zemanek and
Mosteit
Nays: None
Abstain: None
Absent: Mayor Beasley
7. Council to consider approval or other action regarding an agreement with BAHEP to
provide economic development services to city - S. Osborne
Economic DevelopmenUMain Street Coordinator presented summary and
recommendation and answered Councils' questions.
Motion was made bv Councilmember Moser to deny the approval of the aQreement with
BAHEP to provide economic development services to the city as presented bv Ms.
Osborne and pay the money to the La Porte-Bavshore Chamber of Commerce. Second by
Councilmember Zemanek. Tie vote, the motion failed.
Ayes: Moser, Leonard, Mayor Pro Tem Black and Zemanek
Nays: Mosteit, Engelken, Clausen and Rigby
Abstain: None
Absent: Mayor Beasley
Minutes of Regular Meeting of La Porte City Council on March 22, 2010
4
Motion was made by Councilmember Clausen to approve the aqreement with BAHEP to
provide economic development services to the city as presented by Ms. Osborne.
Seconded by Councilmember Mosteit. Tie vote, the motion failed.
Ayes: Mosteit, Engelken, Clausen and Rigby
Nays: Moser, Leonard, Mayor Pro Tem Black and Zemanek
Abstain: None
Absent: Mayor Beasley
8. Consider approval or other action regarding installing wireless communication network and
camera system utilizing the State DIR Cooperation Contracts Program for the City of La
Porte - J. Suggs
Emergency Management Coordinator Jeff Suggs presented summary and
recommendation and answered Councils' questions.
Motion was made by Councilmember Riqby to approve installinq wireless communication
network and camera system utilizinq the State DIR Cooperation Contracts Proqram for the
City of La Porte as presented by Mr. SUqqs. Second by Councilmember Moser. Motion
carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Mosteit and
Zemanek
Nays: None
Abstain: None
Absent: Mayor Beasley
9. Receive Inspections Report from City Staff - D. Wilmore
Chief Building Official Debbie Wilmore provided the monthly Inspection Report.
10. Annual Police Department Report for 2009 - Chief K. Adcox
Chief of Police Ken Adcox provided the Annual Police Department Report for 2009.
11. Asst. City Manager John Joerns provided Administrative Reports for the following:
March 25,2010 - Grand Opening Town Plaza - Town Plaza - 5:00 p.m. - 8:00 p.m.
March 31, 2010 - TML Region 14 Spring Meeting - Four Seasons Hotel - Downtown
Houston - 7:00 p.m.
April 5, 2010 - La Porte Development Corporation Board Meeting - 5:00 p.m.
April 1 0, 2010 - Council Retreat - Police Department Training Room
April 12, 2010 - City Council Meeting
Minutes of Regular Meeting of La Porte City Council on March 22, 2010
5
April 21, 2010 - Norman Malone Memorial Golf Tournament - Bay Forest Golf Course
8:00 a.m. and 1 :00 p.m.
12. Council Comments: Mosteit, Clausen, Rigby, Moser, Mayor Pro Tem Black, Leonard,
Zemanek and Engelken.
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)
14. Considerations 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 7:55 p.m.
Respectfully submitted,
'tjJ/f!t*,Mvf~
City Secretary
Passed and approved on this 12th day of April 2010.
~arry Bea
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
March 22. 2010
Budl!et
Requested By:
Tim Tietjens
Source of Funds:
N/A
Department:
Planninl!
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance with Exhibit A
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
In a workshop on March 8, 2010, Council discussed the possibility of changing East "A" Street from a two-way to a
one-way from Virginia Street to San Jacinto Street, to address changes in traffic flow resulting from the completion
of Five Points Plaza.
At this time, staff is recommending East "A" be changed from a two way to a one way, as shown on Exhibit A of
the proposed ordinance.
C sider ap roving an ordinance changing East A Street from a two way east and west bound traffic corridor, to a
e way tra IC corridor for west bound traffic only, from South Virginia Street, to San Jacinto Street.
~;'7~
Date
ORDINANCE NO. 2010- 3;1:11
AN ORDINANCE CHANGING EAST A STREET FROM A TWO WAY EAST AND WEST
BOUND TRAFFIC CORRIDOR, TO A ONE WAY TRAFFIC CORRIDOR FOR WEST
BOUND TRAFFIC ONLY, FROM SOUTH VIRGINIA STREET, TO SAN JACINTO
STREET, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. East A Street from South Virginia Street to San
Jacinto Street, is hereby changed from a two way east and west
bound traffic corridor to a one way traffic corridor, for west
bound traffic only, as indicated by map attached hereto as Exhibit
"A", and incorporated by reference herein for all purposes.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED,
this~ day of .tlan).-- &10.
BY~ flE_
Barry Beasley
Mayor
ATTEST:
1!2df1A1. tl ;rtd/
a tha A. Gillett
City Secretary
A~D'
. ~r?t~~
C ar ~Askins
Assistant City Attorney
2
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 22. 2010
Budl!et
Requested By: Jeff Suggs
Source of Funds:
Department: OEM
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Grant Award
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The La Porte, Morgan's Point, and Shoreacres Local Emergency Planning Committee (LEPC) has once
again been awarded the Hazardous Materials Emergency Preparedness (HMEP) Planning Grant. The
HMEP grant is a reimbursable federal grant program that is intended to provide financial and technical
assistance to enhance State and local hazardous materials emergency planning and training. This grant is
for FY 2010 and all expenditures must be submitted to the State for reimbursement by August 31, 2010.
If accepted, the City of La Porte will serve as the fiscal agent for the LEPC.
This grant will be used to strengthen the LEPC's current public awareness campaign. Some of the public
awareness projects that will be supported by this grant include the development of an Emergency
Preparedness Guide, the purchase of needed materials for the Wally Wise Program, and materials for
other outreach programs such as new teacher training and a new Shelter-in-Place program at Baker 6th
Grade Campus. The grant will also be used to support the annual LEPC Drill that involves participation
from the City, School District, and local industry.
This year, the LEPC was awarded $28,750.00. The State payable amount will be $23,000.00 and the
LEPC is responsible for a 20% soft match of $5,750.00. This soft match will be met using any time
contributed to the program activities listed above by an LEPC member.
'S/;7/cO
Date
AGREEMENT
FOR HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS (HMEP) PLANNING GRANT
STATE OF TEXAS ~
COUNTY OF TRAVIS ~
PARTIES
Pursuant to the authority of TEXAS GOVERNMENT CODE SS 418.043 and 418.044 and/or S 791.011,
this Agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and
between the State of Texas, acting by and through the Texas Department of Public Safety (TX DPS),
Texas Division of Emergency Management, hereinafter called the "STATE," and The City of La Porte
hereinafter referred to as the "GRANTEE," serving as a fiscal agent for the La Porte. MorQan's Point,
Shoreacres Local EmerQencv PlanninQ Committee (LEPC).
WITNESSETH
WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and
WHEREAS, the STATE will receive funds from the United States Department of Transportation (DOT) to
accomplish the tasks detailed in this Agreement.
AGREEMENT
NOW, THEREFORE, the STATE and the GRANTEE in consideration of the mutual covenants and
agreements contained herein, do mutually agree as follows:
The GRANTEE agrees to perform hazardous materials emergency preparedness planning activities in
connection with the project as stated in the Articles to follow and outlined hereafter, and for having
rendered such services, the STATE agrees to pay to the GRANTEE compensation for these services as
set out in this Agreement. All services performed under this Agreement shall be performed under the
supervision of the Chief, Texas Division of Emergency Management (TDEM), represented by the HazMat
Preparedness Officer as the STATE project officer.
1. CONTRACT PERIOD
This Agreement shall become effective upon the date of final execution by the ST ATE and shall be
completed by AUQust 31.2010 unless terminated in a manner defined herein.
2. SERVICES TO BE PROVIDED BY THE GRANTEE
The GRANTEE shall:
A. Complete the following project activities:
Page 1 of 8
Contract Number lO-DEM-LEPC-OOl
1) Conduct public outreach for school aoe children, teachers and citizens in the area of
preparedness for a possible hazardous material incident within the boundaries of the LEPC.
2) Conduct a functional drill to assist in the updatino of local Emeroency Response Plans.
B. Provide the STATE the following deliverables:
1) Progress reports and financial reports as outlined in Section 6.
2) Final project report and final financial report as outlined in Section 6.
3) A copy of all deliverables (Le. public education/outreach products, materials printed under this
Agreement, pictures of items that are too large/bulky to be mailed).
4) A copy of any contract between GRANTEE and any vendor for products or services related to
the project as stated in Section 2A above.
3. SERVICES TO BE PROVIDED BY THE STATE
The STATE shall provide planning assistance to the GRANTEE in the form of guidance so the
GRANTEE can timely complete the deliverables listed above.
4. COMPENSATION AND METHOD OF PAYMENT
A. The estimated total approved cost of the project which is the subject of this grant is:
Twenty eioht thousand seven hundred fifty dollars ($28.750.00)
B. The maximum amount payable by the STATE under this Agreement is:
Twenty-three thousand dollars ($23,000.00)
C. The GRANTEE shall provide a match that equals or exceeds:
Five thousand seven hundred fifty dollars ($5,750.00)
D. The STATE shall make payment to the GRANTEE within thirty (30) days from receipt of the
GRANTEE's documentation for reimbursable expenses, provided the request for payment is
properly prepared, executed, and documented.
E. The STATE and/or GRANTEE paying for the performance of governmental functions or services
must make those payments from current revenues available to the STATE and/or GRANTEE. In
Accordance With Texas Government Code Section 791.011, Interlocal Cooperation Act.
F. The GRANTEE agrees that the aggregate of funds of the Local Emergency Planning Committee,
exclusive of Federal Funds and twenty percent (20%) cost match for this grant, for developing,
improving, and implementing emergency plans under Emergency Preparedness and Community
Right-to-Know Act (EPCRA) will be maintained at a level that does not fall below the average level
of such expenditures for the 2 federal fiscal years prior to this grant project.
G. To receive reimbursement for allowable costs, the GRANTEE must:
Page 2 of 8
Contract Number 1 O-DEM-LEPC-OO 1
1) Submit quarterly financial reports with the following attached:
(a) Valid invoices or receipts
(b) Canceled checks or other proof of payment for each expense
2) Proof of LEPC match for the quarter
(a) Match must be used directly in connection with the approved activities.
(b) Match must be non-Federal funds or a match in-kind (soft funds).
(c) If match is soft funds then expense out the match and have either the LEPC Chair or Vice
Chair sign certifying the soft match.
(d) The soft match may include any of the following expenses that are reasonable, allowable
and allocable to the project.
i. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person
other than a government employee while attending training classes or involved in
program activities.
ii. Private contributions such as corporate contributions of facilities or services such as
free classroom space.
iii. Voluntary contributions such as firefighter support, emergency personnel support, and
the time of any Local Emergency Planning Committee (LEPC) member.
iv. Equipment or facilities used for exercises, whether public or private.
v. Facility space necessary to conduct activities for the grant program.
vi. University students volunteering time to aid in collection of data
H. Final payment may be withheld until all deliverables, paid for under this Agreement, have been
received by TDEM.
I. The GRANTEE shall furnish all equipment, materials and supplies required to perform the project,
which is the subject of this grant.
5. INITIATION OF PROJECT WORK
The GRANTEE shall not begin the work outlined herein until final execution of this Agreement by the
STATE.
6. INSPECTION OF WORK AND PROGRESS REPORTING
A. The GRANTEE shall, from time to time during progress of the work defined herein, confer with the
STATE. The STATE's project officer has the right to inspect work being performed pursuant to this
Page 3 of 8
Contract Number lO-DEM-LEPC-OOl
Agreement in a manner that will not unduly delay the work. The GRANTEE shall prepare and
present such information and data as may be pertinent and necessary or as may be requested by
the STATE in order to evaluate the progress of the work to be performed by the GRANTEE.
B. The GRANTEE's project officer shall render required reports to the STATE's project officer,
including:
1) Progress reports according to the schedule in B (6) and in the format outlined in Attachment 3.
2) Financial reports according to the schedule in B (6) and in the format outlined in Attachment 4
with all required supporting documentation.
3) A final project report, which shall summarize the work performed on the project and
accomplishments.
4) A final financial report and all remaining invoices for reimbursement, supported by appropriate
documentation of expenses, including any remaining LEPC match.
5) A copy of all deliverables derived from this Agreement.
6) Progress/Financial/Final Report Schedule:
(a) First Report (January - March) Due to the STATE by 30th of April.
(b) Second Report (April- June) Due to the STATE by 30th of July.
(c) Final Report Due by the 30th of September (See B3 & B4 above.)
Progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial
reports, with original signature, along with all supporting documentation, must be sent by mail or
courier.
7. TERMINATION
A. This Agreement may be terminated by any of the following conditions:
1) By mutual agreement and consent of both parties.
2) By the STATE upon written notice to the GRANTEE as consequence of the GRANTEE's
failure to perform the services herein in a satisfactory manner and within the limits provided,
with proper allowances being made for circumstances beyond the control of the GRANTEE as
determined in good faith and reasonable business judgment by the STATE.
3) By the STATE for reasons of its own and not subject to the mutual consent of the GRANTEE
upon not less than ten (10) days written notice to the GRANTEE.
4) By satisfactory completion of all services and obligations described herein.
B. Should the STATE terminate this Agreement as herein provided, no expenses except those due
and payable at the time of termination shall thereafter be paid to the GRANTEE. Payment for the
work at the time of termination shall be based upon work completed at that time.
Page 4 of 8
Contract Number lO-DEM-LEPC-OOl
C. The termination of this Agreement and payment of any amount in the settlement as prescribed
herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the GRANTEE
under this Agreement.
8. DISPUTES
The GRANTEE shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the GRANTEE in -support of this grant program. Any disputes
concerning the work or obligations defined herein or additional costs, or any non-procurement issues
shall be settled at the sole discretion of the STATE.
9. INDEMNIFICATION
To the extent authorized by the Constitution and Laws of the State of Texas the GRANTEE shall
indemnify and hold harmless the STATE, its officers and employees from all third party claims for
injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of
itself, its agents, contractors, officers or employees, performed under this Agreement and which result
from the negligence or willful misconduct of the GRANTEE or of any person employed by the
GRANTEE. The GRANTEE shall also indemnify and hold harmless the STATE, its officers and
employees from any and all expenses, including attorney fees, which might be incurred by the
STATE, its officers and employees as a result of such activities by the GRANTEE, its agents,
contractors, officers and employees.
10. COMPLIANCE WITH LAWS
The GRANTEE shall comply with all federal, state and local laws, statutes, ordinances, rules,
regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any
manner affecting the performance of this Agreement.
11. ASSURANCES
The GRANTEE assures that no person shall, on the grounds of race, creed, color, handicap, national
origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to
discrimination under any program or activity funded in whole or in part under this Agreement.
Incorporated by reference the same as if specifically written herein are rules, regulations, and all other
requirements imposed by law, including but not limited to compliance with those pertinent rules and
regulations of the State of Texas and those of United States agencies providing funds to the State of
Texas.
To the extent it applies, GRANTEE shall comply with Texas Government Code, Chapter 783, 1
TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative
Requirements for Grants and Cooperative Agreements, Section III, Subpart B, ~_.14 (Attached
as "Attachment 2").
12. AUDIT REQUIREMENTS
The GRANTEE hereby agrees to comply with the requirements specified in the Single Audit Act, 31
U.S.C. ~~ 7500 etseq. (Supp.1999) (Public Law 104-156), as applicable.
Page 5 of 8
Contract Number lO-DEM-LEPC-OOl
13. WRITTEN MODIFICATION
No modification or amendment to this Agreement shall become valid unless in writing and signed by
both parties.
14. EQUAL EMPLOYMENT OPPORTUNITY
The GRANTEE agrees to comply with all provisions of Executive Order No. 11246 (September 24,
1965), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix A - E and
Attachments 1 and 2.
15. FALSE OR FRADULENT STATEMENT OF CLAIMS
The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The GRANTEE
acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or
certification to U.S. Department of Transportation (DOT) in connection with this program, DOT has
the right to pursue and impose on the GRANTEE civil and criminal penalties.
16. PROVISIONS AND AMENDMENTS
The GRANTEE agrees that it and its contractors, sub-contractors, employees, and representatives
will comply with all applicable provisions of 49 CFR 18, 49 CFR 110, and any amendment to this
Agreement.
17. OTHER
The GRANTEE certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness
and Community Right-to-Know Act (EPCRA):
A. Have a current chemical emergency response plan.
1) Plan is reviewed and updated (if needed) at least annually and
2) Plan includes the following:
a. Identify affected facilities and transportation routes,
b. Describe emergency notification and response procedures,
c. Designate community and facility emergency coordinators,
d. Describe methods to determine the occurrence and extent of a release
e. Identify available response equipment and personnel
f. Outline evacuation plans,
g. Describe training and practice programs and schedules,
h. Contain methods and schedules for exercising the plan
B. Have an active LEPC whose membership includes (at a minimum):
1) Elected state and local officials
2) Police, fire, civil defense, and public health professionals
3) Environment, transportation, and hospital officials
4) Facility representatives
5) Representatives from community groups and the media
Page 6 of 8
Contract Number lO-DEM-LEPC-OOl
18. PROJECT OFFICERS
The project officers for this Agreement are:
A. For the STATE:
Name:
Address:
Telephone:
Fax:
E-mail:
Don Hall
HazMat Preparedness Officer
Technological Hazards Unit
Texas Division of Emergency Management
Texas Department of Public Safety
PO Box 4087
Austin, Texas
78773-0225
(512) 424-2197
(512) 424-5647
don .hall@txdps.state.tx.us
B. For the GRANTEE:
Name:
Address:
Telephone:
Fax:
E-mail:
Jeff Suggs
EMC
604 W. Fairmont
La Porte, TX 77571
281-470-0009
281-470-1590
suggsj@laportetx.gov
Page 7 of 8
Contract Number lO-DEM-LEPC-OOI
19. SIGNATORY AUTHORITY
The undersigned signatory for GRANTEE hereby represents and warrants that he/she is an
officer of the organization for which he/she has executed this Agreement, and that he/she has
executed this Agreement, and that he/she has full and complete authority to enter into this
Agreement on behalf of the GRANTEE.
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate effective the date of the last signature to this Agreement.
FOR THE STATE
FOR THE GRANTEE
Texas Department of Public Safety
Texas Division of Emeroencv Manaoement
Name of Agency
BY:
Authorized Signature
Printed Name
Title
Date
Page 8 of 8
Contract Number IO-DEM-LEPC-OOI
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Page A1 of A2
APPENDIX A
COMBINED ASSURANCES
Grantees should refer to the regulations cited below to determine the certification to which they are
required to attest. Signatures on this form provide for compliance with federal certification
requirements, including those under 34 CFR Part 82, "New Restrictions for Drug-Free Workplace
(Grants)." The certifications shall be treated as material representation of fact upon which reliance
will be placed when the Agency determines to award the covered transaction, grant, or cooperative
agreement.
1. RESTRICTIONS ON LOBBYING
The GRANTEE may not conduct political lobbying, as defined in the statues, regulations and 2 CFR
225 - "Lobbying", within the Federally-supported project. The GRANTEE may not use Federal funds
for lobbying specifically to obtain grants and cooperative agreements. The GRANTEE must comply
with 49 CFR 20, U.S. Department of Transportation "New Restrictions on Lobbying"
49 CFR 20 is incorporated by reference into this contract.
49 CFR 20 is available at: www.dot.gov/ostlm60/grantlreos.htm.
2. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (Non-procurement)
The GRANTEE must comply with the provisions of EO 12549, "Debarment and Suspension,"
which generally prohibits entities that have been debarred, suspended, or voluntarily excluded
from participating in Federal non-procurement transactions either through primary or lower-tier
covered transactions. The GRANTEE must comply with 2 CFR Part 1200, "Department of
Transportation Non-procurement Suspension Debarment.
GRANTEES are encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded
from Federal Procurement or Non-procurement Programs published by GSA and found at:
www.epls.gov.
2 CFR 1200 is incorporated by reference into this contract.
2 CFR 1200 is available at www.gpoaccess by clicking on 2 CFR Part 1200.
3. DRUG-FREE WORKPLACE
The GRANTEE must comply with the provisions of Public Law 100-690, Title V, Subtitle D, "Drug-
Free Workplace Act of 1988," which require the Recipient to take steps to provide a drug-free
workplace. The Recipient must comply with 49 CFR 32, "Government-wide Requirements for Drug
Free Workplace (Financial Assistance)."
49 CFR 32 is incorporated by reference into this contract.
49 CFR 32 is available at: www.dot.gov/ostlm60/grantlord4600.htm.
Contract Number 1 O-DEM-LEPC-OO 1
A2 of A2
The grantee may insert in the space provided below the site(s) for the performance of work done
in connection with the specific grant:
PLACE OF PERFORMANCE
(Street Address, City, County, State, Zip Code)
(Street Address)
(City, County, State, Zip Code)
As the duly authorized representative of the grantee, I hereby certify that the grantee will comply with
the above certifications.
La Porte. MorQan's Point. Shoreacres LEPC
(Name of LEPC Grant Recipient)
(Printed Name and Title of Authorized Official)
(Signature of Authorized Official)
(Date)
Contract Number 1 O-DEM-LEPC-OO 1
Page 81 of 82
APPENDIX B
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
The La Porte. Moraan's Point. Shoreacres LEPC (Grant Recipient) (hereinafter referred to as the
"Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance
from the Department of Transportation through the Texas Division of Emergency Management it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d-42 U.S.C. 2000d-4
(hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted Programs of the Department of Transportation-Effectuation
of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other
pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent
directives, no person in the United States shall, on the grounds of race, color, sex or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance from the Department of Transportation through the Texas Division of Emergency
Management, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures
necessary to effectuate this Agreement. This assurance is required by subsection 21.7(a) (1) of the
Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives the
following specific assurance with respect to the project:
1. That the Recipient agrees that each "program" and each "facility" as defined in subsections
21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will
be (with regard to "facility") operated in compliance with all requirements imposed by, or pursuant
to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for work or
material subject to the Regulations and, in adapted form in all proposals for negotiated
agreements:
The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d-4 and Title 49 Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted Programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any
contract entered into pursuant to this advertisement, minority business enterprises will
be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, sex or national origin in
consideration for an award.
3. That the Recipient shall insert the clauses of Appendix C of this Agreement in every contract
subject to the Act and the Regulations.
4. That this assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the project.
Contract Number lO-DEM-LEPC-OOl
Page 82 of 82
5. The Recipient shall provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official to whom he delegates specific authority to give
reasonable guarantee that it, other recipients, subgrantees, contractors, transferees, successors
in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Act, the Regulations and this assurance.
6. The Recipient agrees that the United States has a right to seek. judicial enforcement with regard
to any matter arising under the Act, and Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the Department of Transportation and is
binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors
in interest and other participants in the Department of Transportation Program. The person or
persons whose signatures appear below are authorized to sign this assurance on behalf of the
Recipients.
La Porte, MorQan's Point. Shoreacres LEPC
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
(Signature of Authorized Official) (Date)
Contract Number lO-DEM-LEPC-OOl
Page C1 of C2
APPENDIX C
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work preformed by it during the
contract, shall not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, sex, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by
the State of Texas or the Pipeline and Hazardous Materials Safety Administration (PHMSA)
to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the La Porte,
MorQan's Point. Shoreacres LEPC. TX DPS, Texas Division of Emergency Management or
the Pipeline and Hazardous Materials Safety Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with
nondiscrimination provisions of this contract, the La Porte, MorQan's Point. Shoreacres LEPC
shall impose contract sanctions as it, TX DPS, Texas Division of Emergency Management or
the Pipeline and Hazardous Materials Safety Administration may determine to be
appropriate, including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor
complies; and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
Contract Number lO-DEM-LEPC-OOl
Page C2 of C2
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
contractor shall take such action with respect to any subcontract or procurements as the
State of Texas or the Pipeline and Hazardous Materials Safety Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance: Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation
with a subcontract or supplier as a result of such direction, the contractor may request the
State of Texas to enter into such litigation to protect the interests of the La Porte, MorQan's
Point. Shoreacres LEPC and, in addition the contractor may request the United States to
enter into such litigation to protect the interest of the United States.
La Porte, MorQan's Point. Shoreacres LEPC
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
(Signature of Authorized Official) (Date)
Contract Number lO-DEM-LEPC-OOl
Page D1 of D2
APPENDIX D
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments
entered into by the La Porte, Moroan's Point. Shoreacres LEPC.
The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with
the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said
property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of
Transportation program or activity is extended or for another purpose involving the provision of
similar services or benefrts, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate
such facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination of Federally-Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
[Include in licenses, leases, permits, etc.]*
That in the event of breach of the above non discrimination covenants, La Porte, Moroan's Point.
Shoreacres LEPC shall have the right to terminate the [license, lease, permit, etc.] and to re-enter
and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease,
permit, etc.] had never been made or issued.
[Include in deeds]*
That in the event of breach of any of the above nondiscrimination covenants, La Porte, Moroan's
Point. Shoreacres LEPC shall have the right to re-enter said lands and facilities thereon, and the
above described lands and facilities shall thereupon revert to and vest in and become the absolute
property of La Porte, Moroan's Point. Shoreacres LEPC and it's assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered
into by La Porte, Moroan's Point. Shoreacres LEPC.
The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal
representatives successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in case of deeds, and leases add "as a covenant running with the land"]
that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, (2) that in
Contract Number lO-DEM-LEPC-OOl
Page D2 of D2
the construction of any improvements on, over or under such land and the furnishing services
thereon, no person on the grounds of race color, sex, or national origin shall be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that
the [grantee, licensee, Jessee, permittee, etc.] shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
[Include in licenses, leases, permits, etc.]*
That in the event of breach of any of the above nondiscrimination covenants, La Porte. Moroan's
Point. Shoreacres LEPC shall have the right to terminate the [license, lease, permit, etc.] and to re-
enter and repossess aid land and the facilities thereon, and hold the same as if said [license, lease,
permit, etc.] had never been made or issued.
[Include in deeds]*
That in the event of breach of any of the above nondiscrimination covenants, La Porte. Moroan's
Point. Shoreacres LEPC have the right to re-enter said land and facilities thereon, and the above
described lands and facilities shall thereupon revert to and vest in and become the absolute property
of State of Texas and its assigns.
*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
La Porte. Moroan's Point. Shoreacres LEPC
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
(Signature of Authorized Official) (Date)
Contract Number lO-DEM-LEPC-OOl
Page E1 of E3
APPENDIX E
ASSURANCES - NON-CONSTRUCTION PROGRAMS
NOTE: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact the awarding agency*.
(*Please contact State Project Officer listed within this Agreement.)
As the duly authorized representative of the GRANTEE, I certify that the GRANTEE:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay the non-Federal share of project cost) to
ensure proper planning, management and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General of the United States and, if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the award; and will establish a
proper accounting system in accordance with generally accepted accounting standards or
agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. SS4728-4763)
relating to prescribed standards for merit systems for programs funded under one of the 19
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C.SS1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. S794), which prohibits discrimination on the basis of handicaps; (d) the
Age Discrimination Act of 1975, as amended (42 U.S.C. SS6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) SS523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
SS290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. SS3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and, G) the requirements of any other nondiscrimination statute(s)
which may apply to the application.
Contract Number lO-DEM-LEPC-OOl
Page E2 of E3
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose property is acquired
as a result of Federal or federally-assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. SS1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment activities
are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. ss276a to
276a-7), the Copeland Act (40 U.S.C. S276c and 18 U.S.C. S874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. SS327-333), regarding labor standards for
federally-assisted construction sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total
cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following:
(a) institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the.
Coastal Zone Management Act of 1972 (16 U.S.C. SS1451 et seq.); (f) conformity of Federal
actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act
of 1955, as amended (42 U.S.C. SS7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and,
(h) protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. SS1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. S470), EO 11593 (identification
and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. sS469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C. 992131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
Contract Number lO-DEM-LEPC-OOI
Page E3 of E3
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 994801 et seq.)
which prohibits the use of lead-based paint in construction or rehabilitation of residence
structures.
17. Will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States,
Local Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing this program.
La Porte. MorQan's Point. Shoreacres LEPC
(Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official)
(Signature of Authorized Official) (Date)
Contract Number lO-DEM-LEPC-OOI
Page 1.1 of 1.7
ATTACHMENT 1
GENERAL TERMS AND CONDITIONS
The "GRANTEE" agrees to comply with the conditions applicable to this Agreement as set forth in
this document.
1 ACCOMPLISHMENT OF THE AGREEMENT.
1.1 General Requirements. The GRANTEE must commence, carry out, and complete
the Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and in
accordance with the terms of this document and all applicable laws, regulations, project or program
schedules, and applicable U.S. Department of Transportation (DOT) or Receiving Agency published
policies. The terms of 49 CFR Part 18, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," apply to this Agreement.
1.2 Compliance with Federal, State, and Local Law. In performing its obligations
under this Agreement, the GRANTEE agrees to comply with all applicable provisions of Federal,
State, and local laws, regulations, and DOT directives. The GRANTEE understands and agrees that
Federal laws, regulations, policies, and related administrative practices in force and made applicable
to this Agreement on the date of execution may be modified, and that the most recent of such
provisions will govern administration of this Agreement, except if there is sufficient evidence in the
Agreement of a contrary intent. Likewise, new Federal laws, regulations, policies and administrative
practices that are established after the date of execution may be applied to this Agreement. All limits
or standards set forth in this Grant are minimum requirements. If there is a conflict between Federal
and State or local requirements, the GRANTEE must inform STATE in order that an appropriate
resolution may be arranged.
1.3 Cost Principles. A GRANTEE must use program funds only for expenditures
incurred for approved activities in accordance with the Agreement Instructions, and the cost
principles of OMS Circular A-87, Revised, which are incorporated by reference in 49 CFR Part 18.
2 DELlVERABLES.
2.1 Published Materials. If the Performing Party publishes materials that have been
prepared with grant funds, the GRANTEE must provide STATE and DOT reprints of the publication
at no cost to STATE and DOT. The GRANTEE must acknowledge any publication based on work
supported by this Agreement essentially as follows:
"Publication of material was supported by the U. S. Department of Transportation, Pipeline
and Hazardous Materials Safety Administration, Grant No. HMETX7014150."
3 COPYRIGHTABLE WORK. If the Agreement results in a book or other copyrightable work,
the GRANTEE or author may copyright the work, provided that the GRANTEE or author provides
STATE and DOT a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or
otherwise use the work, and to authorized others to do so, as set forth in Section 8 below.
Contract Number lO-DEM-LEPC-OOl
Page 1.2 of 1.?
4 CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The GRANTEE
must immediately notify the STATE and DOT of any change in local law, conditions, or any other
event, including any litigation challenging the validity of or seeking interpretation of any Federal law
or regulation applicable to the Federal Hazardous Materials Transportation program, which may
significantly affect the GRANTEE's ability to perform the program in accordance with the terms of
this Agreement. In addition, the GRANTEE must immediately notify the STATE of any decision
pertaining to the GRANTEE's conduct of litigation that may affect STATE interests in the program or
STATE administration or enforcement of applicable Federal laws or regulations. Before the
GRANTEE joins (as a third party) in litigation that affects STATE or DOT interests in the program, or
STATE or DOT Administration or enforcement of applicable Federal laws or regulations, the
GRANTEE must first inform STATE and DOT.
5 ACCOUNTING RECORDS.
5.1 Funds Received or Made Available for the Agreement
5.1.1 Allowable Costs. STATE will reimburse as allowable costs expenditures made
by the GRANTEE to the extent that they meet all of the following
requirements. Expenditures must:
5.1.1.1
5.1.1.2
5.1.1.3
5.1.1.4
5.1.1.5
5.1.1.6
5.1.1.7
5.1.1.8
5.2 Audit and Inspection.
Be made in conformance with the program budget and all other
provisions of this Agreement;
Be necessary to accomplish the program objectives;
Be reasonable in amount for the goods or services purchased;
Be actual net costs to GRANTEE (Le., price paid minus any
refunds, rebates, or other value received by the GRANTEE that
have the effect of reducing the cost actually incurred, excluding
program income as defined in OMB Circular A-8?, Revised);
Be incurred (and be for work performed) after the date of this
Agreement, unless specific authorization from STATE to the
contrary is received;
Be in conformance with the standards for allowability of costs
set forth in OMB Circular A-8?, Revised;
Be satisfactorily documented; and
Be treated uniformly and consistently under accounting
principles and procedures approved or prescribed by the
STATE
5.2.1 The GRANTEE must permit the STATE, State Auditor's Officer, Secretary and
the Comptroller General of the United States, PHMSA or any of their duly
authorized representatives to inspect all work, materials, payrolls, and other
data and records that pertain to the program, and to audit the books, records,
and accounts of the GRANTEE that pertain to the Agreement.
Contract Number 1 O-DEM-LEPC-OO 1
Page 1.3 of 1.7
5.2.2 The GRANTEE is responsible for meeting the audit requirements of OMS
Circular A-133, or any revision or supplement to the circular.
5.2.3 Closeout of the Agreement will not alter the GRANTEE's audit responsibilities.
6 EQUAL EMPLOYMENT OPPORTUNITY
6.1 In carrying out the approved program, the GRANTEE will not discriminate
against any employee, applicant for employment, fellow or scholarship recipient because of race,
color, age, creed, sex, sexual orientation, or national origin.
6.2 The GRANTEE will take steps to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, age, creed, sex, or
national origin. There shall be no discrimination in actions such as employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship.
6.3 The GRANTEE agrees to post in conspicuous places, available to employees,
applications for employment, names of students, fellows and recipients of scholarships, fellowships
and assistantships, and notices setting forth the provisions of this Equal Opportunity clause.
6.4 The GRANTEE must send to each labor union or representative of workers with
which it has a collective bargaining or other agreement or understanding, a notice, advising the labor
union or workers' representative of the GRANTEE's commitments under this Equal Opportunity
clause and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
6.5 The GRANTEE must comply with all provIsions of Executive Order No. 11246
(September 24, 1965), and of the rules, regulations, and relevant orders of the Secretary of Labor.
6.6 The GRANTEE must furnish all information and reports required by Executive
Order No. 11246 (September 24, 1965), or by the rules, regulations, and orders of the Secretary of
Labor. The GRANTEE must also permit STATE, DOT, and the Secretary of Labor access to the
GRANTEE's books, records and accounts for STATE, DOT, and the Labor Secretary to determine
the GRANTEE's compliance with the Executive Orders, rules and regulations.
6.7 If the GRANTEE does not comply with the Equal Opportunity provIsion of this
Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled,
terminated, or suspended, in whole or in part, and the GRANTEE may be declared ineligible for
further Federal Grants, Cooperative Agreements, or Agreements.
6.8 The GRANTEE must include the provisions of TITLE VI of the Civil Rights Act of
1964 in every sub-agreement or purchase order, unless exempted by the Secretary of Labor, so that
such provisions will be binding upon each sub-grantee or sub-contractor. The GRANTEE must take
such action with respect to any sub-agreement or purchase order as DOT or the STATE may direct
as a means of enforcing such provisions, including sanctions for noncompliance. However, if the
GRANTEE becomes involved in, or is threatened with, litigation with a sub-grantee or sub-contractor
as a result of such direction by DOT, the Grantee may request DOT to enter into such litigation to
protect the interests of DOT.
Contract Number lO-DEM-LEPC-OOI
Page 1.4 of 1.7
6.9 Compliance with Title VI of the Civil Rights Act of 1964. The GRANTEE must
comply with Title VI of the Civil Right Act of 1964 (42 U.S.C. 9 2000d), with DOT regulations entitled,
"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. Part 21, and any other applicable
regulations.
7 PATENT RIGHTS.
7.1 The patent rights clause of Attachment A of OMS Circular No. A-124, (implementing
the Patent and Trademark Amendments of 1980, 35 D.S.C. 9 200 et. seq.) and any subsequent
amendments will apply, when the purpose is to perform experimental, development, or research
work.
7.2 The GRANTEE must notify the STATE promptly if any patentable invention(s) (Le.,
processes, compositions of matter, or items thought to be new) is produced in the course of work
done under this Agreement. Except as stated in 37 CFR 401.3(a), the GRANTEE's given the right to
retain title to any patents issued for work performed under this Agreement.
8 COPYRIGHTS.
8.1 Except as otherwise provided in the terms and conditions of this Agreement, the
author or the GRANTEE may copyright any books, publications, or other copyrightable materials
developed in the course of or under this Agreement. However, the STATE and DOT reserves a
royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to
authorize others to use the work for State or Federal Government purposes.
9 The GRANTEE must not incorporate material copyrighted by others into any work product
delivered under this Agreement unless it has acquired for the STATE and DOT a royalty-free,
nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others
to use the work for Government purposes.
9.1 The GRANTEE may arrange for publication of initial reports of original research,
supported in whole or in part by Agreement funds, in primary scientific journals and copyright by the
journal unless the journal's copyright policy would preclude individuals from making or having made
by any means available to them, without regard to the copyright of the journal and without royalty, a
single copy of any such article for their own use.
10 RIGHTS IN DATA.
10.1 The term "subject data" as used in this Agreement means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The
term includes graphic or pictorial delineations in media such as drawings or photographs; audio-
visual recordings such as films and videotapes; text in specifications or related performance or
design-type documents; machine forms such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer memory.
10.1.1 Examples of "subject data" include, but are not limited to: engineering
drawings and associated lists; specifications; standards; process sheets;
manuals; technical reports; catalog item identifications; and related
information.
10.1.2 The term does not include financial reports, costs analyses, and similar
Contract Number IO-DEM-LEPC-OOI
information incidental to program administration.
Page 1.5 of 1.7
10.2 With respect to all subject data first produced in the performance of this
Agreement, STATE and DOT reserves a royalty-free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for State and Federal
Government purposes:
10.2.1 Any work developed under this Agreement, irrespective of whether or not a
copyright has been obtained; and
10.2.2 Any rights of copyright to which the GRANTEE purchases ownership with
DOT assistance.
10.3 When DOT provides assistance to the STATE for a program involving emergency
planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than
to limit the benefit of the program to the parties to the Agreement. Therefore, the STATE and
GRANTEE that have received assistance to support research, financed under the Federal
Hazardous Material Transportation Law (49 U. S. C. Section 5101 et. seq.), understand and agree
that, in addition to the rights set forth in Subsection 10.2 of this Agreement, DOT may make
available to any DOT Grantee, sub-grantee, sub-recipient, third-party Contractor, or third-party
subcontractor, either DOT's license in the copyright to the "subject data" derived under this
Agreement or a copy of the "subject data" first produced under this Agreement.
10.4 Nothing contained in this clause implies a license to DOT under any patent or
can be construed as affecting the scope of any license or other right otherwise granted to DOT
under any patent.
10.5 Subsections 10.2 through 10.3 of this document are not applicable to material
furnished to the GRANTEE, via the STATE, by DOT and incorporated in the work furnished under
the Agreement, provided that the GRANTEE identifies the incorporated material when the work is
delivered.
10.6 If the program, which is the subject of this Agreement, is not completed, for any
reason whatsoever, all data developed under that program becomes subject data as defined in
Subsection 10.1 of this Agreement and must be delivered as STATE or DOT may direct.
10.7 The requirements of Subsections 10.1 through 10.6 of this document must be
included in all sub-contracts, third party contracts of the GRANTEE under this program.
10.8 Collection of Data. The Performing Agency is prohibited from representing to their
respondents that information is being collected for, or in association with, the Federal Government
unless the HMEP Program Manager for the State and the Authorizing Official from the U.S. DOT
have given prior approval and OMS clearance procedures contained in 5 CFR 1320 have been
followed where required.
10.9 Rights in Technical Data to intangible property under this Agreement are governed in
accordance witf149 CFR 18.34, "Copyrights."
11 PRIVACY. Should the STATE, or the GRANTEE, or their employees administer any system
of records on behalf of DOT, the Privacy Act of 1974,5 U.S.C. 9 552a (the Act), imposes information
requirements on the party administering the system of records.
Contract Number lO-DEM-LEPC-OOl
Page 1.6 of 1.7
11.1 When the Agreement involves the operation of a system of records on
individuals to accomplish a DOT function, the STATE and the GRANTEE, and their employees
involved in the function are considered, for purposes of the Privacy Act, to be DOT employees with
respect to the DOT function. The requirements of the Act, including the civil and criminal penalties
for violations of the Act, apply to those individuals involved. Failure to comply with the Privacy Act or
this Section 11 subjects this Agreement to termination.
11.2 Definitions. As used in Section 11:
11.2.1 "Operation of a system of records" means performance of any of the
activities associated with maintaining the system of records on behalf of DOT
including the collection, use and dissemination of records.
11.3 "Records" means any item, collection, or grouping of information about an individual
that is maintained by the GRANTEE or STATE on behalf of DOT including, but not limited to, his or
her education, financial transactions, medical history, and criminal or employment history and that
contains his or her name, or the identifying number, symbol, or other identifying particular assigned
to the individual, such as a finger or voice print or a photograph.
11.3.1 "System of records" on individuals means a group of any records under the
control of the STATE or the GRANTEE on behalf of DOT from which
information is retrieved by the name of the individual or by some identifying
number, symbol or other identifying particular assigned to the individual.
11.4 The GRANTEE agrees:
11.4.1 To comply with the provisions ofthe Privacy Act of 1974,5 u.s.c. 9552a
and, implementing regulations when performance under the program involves
the design, development, or operation of any system of records on individuals
to be operated by the GRANTEE, its subcontractors, or their employees to
accomplish a DOT function;
11.4.2 To notify DOT when the GRANTEE-, its subcontractors, or their employees
anticipate operating a system of records on behalf of DOT in order to
implement the program, if such system contains information about an
individual's name or other identifier assigned to the individual. The GRANTEE
may not use a system of records subject to the Act in performing this
Agreement until the necessary and applicable approval and publication
requirements have been met. The GRANTEE its subcontractors, and their
employees agree to correct, maintain, disseminate, and use such records in
accordance with the terms of the Act, and to comply with all applicable terms
of the Act;
11.4.3 To include in every solicitation and in every third-party Agreement, when
the performance of work under that proposed third-party Agreement may
involve the design, development, or operation of a system of records on
individuals to be operated under that third-party Agreement or to accomplish a
DOT function, a Privacy Act notification informing the third-party
subcontractors that it will be required to design, develop, or operate a system
of records on individuals to accomplish a DOT function subject to the Privacy
Act of 1974, 5 U.S.C. 9 552a, and applicable DOT regulations, and that a
violation of the Act may involve the imposition of criminal penalties; and
Contract Number IO-DEM-LEPC-OOI
Page 1.7 of 1.7
11.4.4 To include the text of Subsections 11.4.1 through 11.4.3 in all third-party
contracts, which work for this Agreement is performed or which is awarded
pursuant to this Agreement or which may involve the design, development, or
operation of such a system of records on behalf of DOT.
12 RECORDS.
12.1 The GRANTEE must maintain records for this Agreement to comply with 49 CFR
3 18.42. Sections 18.42 provides that the GRANTEE must for 3 years retain
financial records, supporting documents, statistical records, records for non-
expendable property, and all other records pertinent to this Agreement.
12.2 Records associated with any litigation, claim or audit started before the expiration of
the 3-year period, must be retained until all litigation, claims or audit findings
involving the records have been resolved.
13 Travel. Any travel necessary to carry out the objectives of this Agreement must use the
most economical form of transportation available. All travel is to be scheduled sufficiently in
advance, to the extent practicable, to take advantage of offered discount rates. Travel and Per Diem
authorized under this Agreement must be incurred in accordance with the Government Travel
Regulations currently in effect. Current per diem rates are listed at: http://www.gsa.gov/perdiem.
14 Title to Equipment. Title to equipment purchased or fabricated under this grant vests in the
Recipient or subrecipients, respectively, except DOT reserves the right to require the Recipient or
subrecipient to transfer title to item of equipment to the Federal Government or a third party named
by DOT, when such a third party is otherwise eligible under existing statutes. Such transfers are
subject to the standards contained in 49 CFR 18.32.
15 Site Visits. PHMSA, through its authorized representatives, may make site visits, at
reasonable times, to review project accomplishments, management control systems and provide
guidance as may be requested or required. If a site visit is made on the premises of the Recipient,
subrecipient, subcontractor or third party under this Grant, the Recipient must provide and require all
subrecipients, subcontractors or other third parties to provide reasonable facilities and assistance to
PHMSA representatives in the performance of their duties. All site visits and evaluations will be
performed in a manner to not unduly delay work activity under the Grant.
Contract Number lO-DEM-LEPC-OOl
Page 2.1 of 2.4
ATTACHMENT 2
~ .14 State of Texas Assurances
(a) Scope. In addition to federal requirements, state law requires a number of assurances from
applicants for federal pass-through or other state-appropriated funds. An attempt has been made
below to list major state and federal assurances. Generally. not all of these assurances will be
required for anyone Qrant. However. it is the applicant's responsibility to ensure that all assurances
required by the awardino aQency are submitted.
The legal instrument for awarding state funds must be consistent with the standards
prescribed herein; however, these standard conditions or assurances may be incorporated
into contracts or grant agreements by reference rather than by being reproduced in their
entirety.
(1) RELATIVES. A subgrantee must comply with Texas Government Code, Chapter 573, by
ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's
contractor shall vote or confirm the employment of any person related within the second degree of
affinity or the third degree of consanguinity to any member of the governing body or to any other
officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit
the employment of a person who shall have been continuously employed for a period of two years,
or such other period stipulated by local law, prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree.
(2) PUBLIC INFORMATION. A subgrantee must insure that all information collected, assembled, or
maintained by the applicant relative to a project will be available to the public during normal business
hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly
prohibited by law.
(3) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551,
which requires all regular, special, or called meetings of governmental bodies to be open to the
public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
(4) CHILD SUPPORT PAYMENTS. A subgrantee must comply with Section 231.006, Texas Family
Code, which prohibits payments to a person who is in arrears on child support payments.
(5) HEALTH. HUMAN SERVICES. PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY. If the
subgrantee is a health, human services, public safety, or law enforcement agency, it will not contract
with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the
license, permit, or certificate has been revoked by another health and human services agency or
public safety or law enforcement agency.
(6) LAW ENFORCEMENT AGENCY. If the subgrantee is a law enforcement agency regulated by
Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by the
Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701,
Texas Occupations Code or must provide the grantor agency with a certification from the Texas
Commission on Law Enforcement Officer Standards and Education that the agency is in the process
of achieving compliance with such rules.
Contract Number lO-DEM-LEPC-OO 1
Page 2.2 of 2.4
(7) ADMINISTRATION. When incorporated into a grant award or contract, standard assurances
contained in the application package become terms or conditions for receipt of grant funds.
Administering state agencies and local subrecipients shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See Section
_.36 for additional guidance on contract provisions).
(8) SUSPECTED CHILD ABUSE. A subgrantee must comply with the Texas Family Code, Section
261.101, which requires reporting of all suspected cases of child abuse to local law enforcement
authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees
shall also ensure that all program personnel are properly trained and aware of this requirement.
9) NONDISCRIMINATION. Subgrantees will comply with all federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964
(P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title
IX of the Education Amendments of 1972, as amended (20 U.S.C. 991681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. 9794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42
U.S.C. 996101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) 99523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 99290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 993601 et seq.), as amended,
relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance
is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to
the application.
(10) LABOR STANDARDS. Subgrantees will comply, as applicable, with the provisions of the
Davis-Bacon Act (40 U.S.C. 99276a to 276a-7), the Copeland Act (40 U.S.C. 9276c and 18 U.S.C.
9874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 99327-333), regarding
labor standards for federally assisted construction subagreements.
(11) DISPLACED PERSONS. Subgrantees will comply with requirements of the provisions of the
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or federally assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchases.
(12) POLITICAL ACTIVITY. Subgrantees will comply with the provisions of the Hatch Political
Activity Act (5 U.S.C. 997321-29), which limit the political activity of employees whose principal
employment activities are funded in whole or in part with Federal funds.
(13) LABOR FAIR STANDARDS ACT. Subgrantees will comply with the minimum wage and
maximum hour's provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
Contract Number lO-DEM-LEPC-OOl
Page 2.3 of 2.4
(14) EPA VIOLATING FACILITIES. Subgrantees will insure that the facilities under its ownership,
lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the
Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal
grantor agency of the receipt of any communication from the Director of the EPA Office of Federal
Activities indicating that a facility to be used in the project is under consideration for listing by the
EPA (EO 11738).
(15) FLOOD INSURANCE. Subgrantees will comply with the flood insurance purchase
requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234.
Section 102(a) requires the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for construction or
acquisition proposed for
use in any area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards.
(16) ENVIRONMENTAL STANDARDS. Subarantees will comply with environmental standards
which may be prescribed pursuant to the following: (a) institution of environmental quality control
measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order
(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988;
(e) assurance of project consistency with the approved state management program developed under
the Coastal Zone Management Act of 1972 (16 U.S.C. gg1451 et seq.); (f) conformity of federal
actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955,
as amended (42 U.S.C. gg7401 et seq.); (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
(17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. gg1271 et seq.) related to protecting components or potential components of the
national wild and scenic rivers system.
(18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring
compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. g470), EO 11593 (identification and protection of historic properties), and the Archaeological
and Historic Preservation Act of 1974 (16 U.S.C. Sg469a-1 et seq.).
(19) ANIMAL TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. gg2131 et seq.) pertaining to the care, handling, and
treatment of warm blooded animals held for research, teaching, or other activities supported by this
award of assistance.
(20) LEAD-BASED PAINT. Subgrantees will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. Sg4801 et seq.) which prohibits the use of lead-based paint in
construction or rehabilitation of residential structures.
(21) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103-277, also known as
the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility
used for the provision of services for children as defined by the Act.
(22) TAXES. Subgrantees will comply with all federal tax laws and are solely responsible for filing all
required state and federal tax forms.
Contract Number lO-DEM-LEPC-OOl
Page 2.4 of 2.4
(23) COMPLIANCE WITH REQUIREMENTS. Subgrantees will comply with all applicable
requirements of all other federal and state laws, executive orders, regulations, and policies
governing this program.
(24) INELIGIBLE APPLICANTS. The applicant certifies that is and its principals are eligible to
participate and have not been subjected to suspension, debarment, or similar ineligibility determined
by any federal, state, or local governmental entity and it is not listed on a state or federal
government's terrorism watch list as described in Executive Order 13224. Entities ineligible for
federal procurement are listed at http://www.epls.Qov.
(25) HIV/AIDS. Subgrantees must adopt and implement applicable provisions of the model
HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health
and Safety Code, Ann., Sec. 85.001, et seq.
La Porte. MorQan's Point. Shoreacres LEPC
(Name of LEPC Grant Recipient)
(Printed Name and Title of Authorized Official)
(Signature of Authorized Official)
(Date)
Contract Number lO-DEM-LEPC-OOl
ATTACHMENT 3
HMEP PLANNING GRANT
PROGRESS REPORT
LEPC: La Porte. MorQan's Point. Shoreacres
1. For the period of:
2. Project Progress During the Period:
3. Problems Impeding Project & Actions Taken to Resolve Those Problems:
4. Planned Project Work for the Next Month:
5. Estimated Project Completion Date:
La Porte. MorQan's Point. Shoreacres LEPC
(Name of LEPC Grant Recipient)
(Printed Name and Title of Project Officer)
(Signature of Project Officer)
(Date)
Instructions for filling out the Progress Report.
1. For the period of:
· First Report (January- March) Due to the STATE by 3cf' of April.
· Second Report (April- June) Due to the STA TE by 3cf' of July.
2. Project Progress: Should include a description of the work that has been performed, major
purchases, if any, and an estimate of the percent of the project completed to date. For projects that
involve multiple tasks, discuss each project independently. Indicate which tasks, if any, are
complete.
3. Problems: Describe any problems that have or may interfere with completing this project, on time,
and what if anything has been or can be done to resolve these problems.
4. Planned Work: Include a description of planned work to be performed, major purchases planned, if
any for the upcoming reporting period. For projects that involve multiple tasks, discuss each.
5. The date entered must be August 31 or earlier.
Contract Number 1 O-DEM-LEPC-OO 1
ATTACHMENT 4
HMEP PLANNING GRANT
FINANCIAL REPORT
LEPC: La Porte. MorQan's Point. Shoreacres LEPC
Fiscal agent: City of La Porte
For the period of:
1. Project Cost (from Grant Agreement, Section 4A)
2. State Share (from Grant Agreement, Section 48)
a. State reimbursement (Previously submitted) total
b. State Share Request this report
c. State Share balance (Line 2 - [2a + 2b])
$
$
$
$
$
3. Local Match Share (from Grant Agreement, Section 4C)
a. Local Match Share (Previously submitted) total
b. Local Match Share this report
c. Local Match balance (Line 3 - [3a + 3b])
$
$
$
$
4. Invoices/receipts or other expenses attached for reimbursement this report.
Expense/Company Date of Invoice/ Amount of Invoice/ What was purchased
Invoice/receipt from: receipt receipt
City of La Porte
(Name Fiscal Agent)
(Printed Name and Title of Fiscal Agent Representative)
(Signature of Fiscal Agent Representative)
(Date)
· Local match may be a cash match or a soft match. (See Agreement 4G(2) for information on soft
match.)
· Proof of payment for expenses (in the form of canceled checks, bills marked "paid in full': or other
proof) must be attached to this report.
· If the LEPC Match is not equal to 20% or more of the total funds expended to date, then the state
share will be adjusted or remittance may be withheld until LEPC Match equals 20%.
Contract Number lO-DEM-LEPC-OOl
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
genda Date Requested: March 22.2010
Budl!et
equested By: John Joerns
Source of Funds: 005
epartment: Administration
Account Number: 005-9892-788-11-00
eport:
Resolution:
Ordinance:
x
Amount Budgeted: $650,000
Ordinance
Amount Requested: $364,2'7;
Exhibits:
Exhibits:
Interlocal Al!reement
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
When Harris County was planning improvements to Fairmont Parkway between SH146 and South 16th
Street, they were going to re-construct it as a four (4) lane roadway. Due to the commercial area(s)
fronting and near Fairmont Parkway and the need for additional turning lanes the City requested
consideration of six (6) lanes. Harris County agreed, if the City covered the costs for the additional two
(2) lanes. Council agreed and budgeted funds to cover costs of the two (2) additional lanes.
The lnterlocal Agreement establishes the framework for the City's funding. Key features are:
1. City can terminate the Agreement prior to final right-of-way acquisition and final approval of
plans, specifications and estimates.
2. City contribution is set at $364,275, which includes engineering, construction of2 lanes, utility
adjustments and geotechnical services.
3. After bid opening and if additional funds are required;
a. City and/or County can provide/negotiate the additional funds needed
b. Or bids may be rejected
Action Required bv Council:
Ordinance approving the lnterlocal Agreement and authorizing the Mayor to execute the
e s.
3j7)D
Date
ORDIRAlfCB lfO. 2010- 3 d () <8
Alf ORD:IlfAlfCB APPROVIRG ABD AUTHORIZING Alf IR'l'BRLOCAL AGRBJD[IR'l'
BBTlfBBIJ TBB CITY 01' LA PORTB AHJ) HARRIS COUHTY, I'OR COOPBRATIOlf OR
COlfSTRUCTIOR AHJ) I'UBDmG 01' ROADWAY DlPROVBIIBRTS OR I'AI:RIIOR'l'
PARXNAY, PROK STATB HIGHWAY 146 TO 500 I'BBT WBST 01' 16TH STRBBT,
JIAlCmG VARIOUS I'IRDmGS AHJ) PROVISIORS RBLATmG TO THB SUBJECT,
I':IRDIlfG COIIPL:IAlfCB WITH TBB OPBR IIBBTntGS LAW, ABD PROVIDIRG Alf
BI'I'BCT:IVB DATB HBRBOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The Mayor is hereby authorized to execute
such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED I this dJJJ day of M. arcl--
I 2010.
By:
3~vtl
Barry Beasley
Mayor
ATTEST:
~~G~~
City Secretary
APPROVED:
~-r~
Clark T. Askins
Assistant City Attorney
2
AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This Agreement, made and entered into by and between Harris County, a body corporate
and politic under the laws of the State of Texas, hereinafter called "County", and the City of La
Porte, a body corporate and politic UIider the laws of the State of Texas, hereinafter called "City";
RECITALS:
1. The County and City are entering into this Agreement to cooperate in the construction
and funding of roadway improvements on Fairmont Parkway from S.H. 146 to approximately
500 feet west of 16th Street as a six (6) lane reinforced concrete boulevard with curb and gutter,
storm sewer, outfalls, structures, left turn lanes, transitions, sidewalks and pedestrian ramps, with
the scope of work to include adjustment/relocation/modification of any water and/or sanitary
sewer utilities to resolve conflicts with the other construction (such water and/or sanitary sewer
utilities being hereinafter called the "City Utilities" and such adjustment/relocation/modification
being hereinafter referred to as the "City Utility Work"), and all necessary appurtenances, said
construction being hereinafter called the "Project".
2. The City is willing to contribute (a) an agreed amount of $63,715.00 to reimburse the
County for engineering costs associated with the inclusion of the two inside lanes, new
sidewalks, pedestrian ramps, and the City Utility Work as part of the Project, (b) 7% of the actual
construction cost of all parts of the Project other than the City Utility Work and (c) 1 00% of the
actual construction cost of the City Utility work, the total of items (a), (b), and (c) being
hereinafter called the "City Contribution".
3. The County is willing to accomplish the engineering and related services (Engineering)
necessary for the design of the Project, will acquire any necessary right of way, will adjust or
cause to be adjusted any non-City owned utilities, will administer the design and construction
contracts for the Project (including day to day inspection and materials testing), and will
contribute the remainder of the Project costs in accordance with the terms of this Agreement,
such remaining costs being hereinafter called the "County Contribution."
NOW, THEREFORE, pursuant to the authority granted by the Interlocal Cooperation Act (Chapter
791 of the Texas Government Code), and in consideration of the mutual covenants, agreements, and
benefits to both parties, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
J:\ADMIN\NHudson\Agreements 201 0\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Fina12.doc
I
Within two hundred seventy (270) days after execution of this Agreement the County
shall prepare, or cause to be prepared plans, specifications, and estimates (PS&E) in accordance
with the usual requirements of County, and will perform all engineering for the design of the
Project. Upon completion of the said PS&E County will deliver the same to City for review and
approval. City agrees that it will endeavor to approve the PS&E, and deliver written notice of
same to County, not later than thirty (30) days after receipt of same.
II
It is understood that the County will be responsible for acquisition of any rights-of-way
for the Project, and for accomplishing the adjustment/relocation/replacement of any non-City
utilities/pipelines necessary for the construction of the Project (with the understanding that the
City Utility Work is to be accomplished under the Project construction contract). If the County
is unable to acquire the necessary rights-of-way and/or accomplish the
adjustment/relocation/replacement of such non-City utilities, the City's sole remedy shall be to
terminate this Agreement as provided below.
III
Within sixty (60) days after the approval of the PS&E by City described in Section I,
accomplishment of all utility/pipeline adjustments/relocations/replacements (excluding the City
Utility Work, which will be included in the construction contract for the Project), and acquisition
of any necessary rights-of- way for the Project, County will advertise for and receive bids for the
construction of the Project in accordance with the approved PS&E in a manner similar to that of
other like County Projects.
IV
Upon receipt and tabulation of the bids for the Project, County will determine the lowest
and best bid for the construction of the Project. The County's determination of such lowest and
best bid shall be fmal and conclusive. The County Engineer, or his designee, shall then estimate
the projected County Contribution and City Contribution based on such bid and previously
incurred costs, which estimate may include an additional 10% of the bid as a contingency for
potential change orders. In the event the estimated County Contribution does not exceed the
maximum sum available to the County per Section XII below and the estimated City
Contribution does not exceed the maximum sum available to the City per Section XII below, the
County Engineer, or his designee, shall notify the City of the estimated City Contribution. The
City will transmit to the County within thirty (30) days of such notification, its check made
payable to Harris County Treasurer in an amount equal to the estimated City Contribution. In
the event the estimated County Contribution is less than the maximum sum available to the
County per Section XII below and the estimated City Contribution is greater than the maximum
sum available to the City per Section XII below, the County Engineer, or his designee, shall
notify the City of the estimated City Contribution and the City may, in its discretion, transmit to
the County within thirty (30) days of such notification, its check made payable to Harris County
Treasurer in an amount equal to the estimated City Contribution.
-2-
J:\ADMlN\NHudson\Agreements 201 0\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Fina12.doc
v
In the event the estimated County Contribution is greater than the maximum sum
available to the County per Section XII below, or if the estimated City Contribution is greater
that the maximum sum available to the City per Section XII below, or if both situations occur,
and the City does not opt to 1) exercise its option under Section IV to provide additional funding,
County shall have the following options:
a. County may elect to attempt to pay the additional costs. In such case, the
County shall notify the City of its choice, and the City will transmit to the
County within thirty (30) days of such notification, its check made
payable to Harris County Treasurer in an amount equal to $364,275.00.
b. County may reject all bids and elect not to proceed with the letting of the
contract and terminate this agreement as provided below.
c. County may reject all bids and re-advertise for bids for construction of the
Project in accordance with the approved drawings and specifications in the
same manner as before and under the same conditions.
d. County may attempt to negotiate an amendment to this Agreement to
provide for payment of the additional costs, and if such an amendment is
obtained, proceed under its terms. If the parties fail to agree to an
amendment to this Agreement, then and in that event the County may
proceed under one of the other three options.
VI
Within thirty days after receipt of funds from City under the terms of this Agreement, the
County shall award the contract to the lowest and best bidder, in accordance with the usual and
customary procedures of the County, subject to certification of the availability of funds by the
County Auditor. Notwithstanding the above, it is expressly agreed and understood that the
County reserves the right to reject all bids. In such event, the County, in its discretion, may
either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or
terminate this agreement as hereinafter provided.
VII
The County shall be responsible for administering the construction contract. During the
construction of the Project, City shall have the right of access to the construction site and shall
have the right to review all documents, maps, plats, records, photographs, reports or drawings
affecting said construction, provided, however, City shall give notice by telephone to the Harris
County Engineer prior to any inspection of either the site or documents and provided further that
in conducting said inspections, City shall not interfere with the work in progress.h
-3-
J :\ADMIN\NHudson\Agreements 201 O\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Final2.doc
VIII
Upon the completion of the construction of the Project, the County shall perform, or
cause to be performed, a fmal accounting. If the amount forwarded to the County by the City
under Section IV or V is greater than the actual amount of the City Contribution, the County
shall promptly pay over to the City the surplus. If the amount forwarded to the County by the
City under Section IV or V is less than the actual City Contribution, the City shall promptly pay
to the County the difference between its contribution under Section IV or V and the actual City
Contribution, subject to the City's maximum obligation as set forth in Section XII.
IX
Upon the completion of the construction of the Project, Fairmont Parkway from S.H. 146
to approximately 500 feet west of 16th Street including the six (6) lane reinforced concrete
boulevard with curb and gutter, storm sewer, outfalls, structures, left turn lanes, transitions,
sidewalks and pedestrian ramps and all necessary appurtenances constructed within the scope of
the Project, but not the City Utilities, shall be a part of the County's system of roads subject to
maintenance and repair by the County to the same extent as other County roads. The City shall
be responsible for the maintenance and repair of the City Utilities.
X
The County may make such changes and amendments to the drawings and specifications
within the general scope of the approved Project including the City Utilities as the County
Engineer deems necessary or desirable during construction of the Project including the City
Utilities so long as the original scope and intent of the Project including the City Utilities is
unchanged.
XI
The City may terminate this Agreement at any time prior to acquisition of all rights-of-
way for the Project by the County and approval of the PS & E by the City. The County may
terminate this Agreement, without cause, at any time prior to the entry into the Contract for
construction of the Project including the City Utilities, by written notice to the other party. After
termination, neither party shall have any further obligations hereunder, except as follows:
County shall return to the City any funds which the City has paid to the County less $63,715.00,
the agreed cost of designing new sidewalks, pedestrian ramps, and the City Utility Work as part
of the Project; or, if the City has not yet paid the estimated City Contribution to the County
hereunder, the County Engineer shall determine and inform the City of the percentage of
completions of the design of new sidewalks, pedestrian ramps, and the City Utility Work as part
of the Project at the time of such termination, and the City shall pay to the County an amount
equal that portion of $63,715.00 equal to that percentage amount of completion.
-4-
J:\ADMlNINHudson\Agreements 201 0\LaPorte-FainnontPkwy-3-4-1 OmDCW (2)-Fina12.doc
XII
Not withstanding any other provision of this Agreement, it is expressly understood and
agreed that County is not obligated to expend more than the maximum sum of $4.920.271.00 to
satisfy its obligations under this Agreement.
Not withstanding any other provision of this Agreement, it is expressly understood and agreed
that City is not obligated to expend more than the maximum sum of $364.275.00 to satisfy its
obligations under this Agreement.
XIII
All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle with proper postage affixed (certified mail, return
receipt requested) addressed to the respective other party at the address prescribed herein below
or at such other address as the other party may have theretofore prescribed by notice to the
sending party.
Addresses for notice shall be as follows:
CITY
City of La Porte
604 Fairmont Parkway
La Porte, Texas 77571
Attention:
John Joerns
County:
Harris County Public Infrastructure Department
Architecture and Engineering Division
1001 Preston, 7tb Floor
Houston, Texas 77002
Attention:
Contract Administration
XIV
The City or its authorized representatives shall have the right to review and audit all
books, records, vouchers and documents of whatever nature related to County's performance
under this Agreement during the period of performance of this agreement and for three (3) years
thereafter or for so long as there exists any dispute or litigation arising from this agreement.
-5-
J :\ADMIN\NHudson\Agreements 201 O\LaPorte- FairmontPkwy-3-4-10mDCW (2)- Final2.doc
xv
No party hereto shall make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other party hereto.
XVI
This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this
instrument shall be of no force and effect excepting a subsequent modification in writing, signed
by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having
equal force and effect of an original, has been executed on behalf of the parties hereto as follows,
to-wit:
APR 1 3 2010
a. It has on the _ day of , 20 I 0, been executed on
behalf of the County by the County Judge of Harris County, Texas,
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
b. It has on the _ day of , 20 I 0, been executed on
behalf of City by its Mayor attested by its City Secretary, pursuant to an
ordinance of its City Council authorizing such execution.
APPROVED AS TO FORM:
HARRIS COUNTY
VINCE RYAN
County Attorney
By
..v_c
DON C. WHIT
Assistant County Attorney
By
~~rlL
County Judge
ATTEST:
Ljj~Lt6(
. C y Secretary
/ }
By ,/~
-6-
J:\ADMIN\NHudson\Agreements 201 0\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-FinaI2.doc
THE STATE OF TEXAS S
COUNTY OF HARRIS S
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris County Administration Building in the City of Houston, Texas, on the _ day of
APR 1 3 2010,2010, with the following members present, to-wit:
Ed Emmett
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No.1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: tVOf"'~
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN
HARRIS COUNTY AND THE CITY OF LA PORTE FOR JOINT FUNDING OF THE
CONSTRUCTION OF IMPROVEMENATS ON FAIRMONT PARKWAY FROM S.H. 146
TO APPROXIMATELY 500 FEET WEST OF 16TII STREET.
Commissioner \-ee. introduced an order and made a
motion that the same be adopted. Commissioner G ~ Q. c.. I .^" seconded the
motion for adoption of the order. The motion, carrying with it the adoption of the order,
prevailed by the following vote:
Yes No Abstain
Judge Emmett D D
Comm. Lee D D
Comm. Garcia D D
Comm. Radack D D
Comm. Eversole D D
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and law-fully adopted. The order thus adopted follows:
IT IS ORDERED that the County Judge is authorized to execute for and on behalf of
Harris County, an Agreement by and between Harris County and the City of La Porte, for joint
funding of the construction of roadway improvements on Fairmont Parkway from Fairmont
Parkway from S.H. 146 to approximately 500 feet west of 16th Street, said Agreement being
incorporated herein by reference for all purposes as though fully set forth word for word.
Presented to Commissiol1e,Js Ceu.
]:\ADMIN\NHudson'Agreements 201 0\LaPorte-FainnontPkwy-3-4-1 OmDCW (2)-Fina12.doc
APR 1 3 2010
APPROVE
Recorded VOI~~.~_ !.;....,,---
HARRIS COUNTY
Public Infrastructure Department
Architecture & Engineering Division
1001 Preston, 7th Floor
Houston, Texas 77002
(713) 755-5370
Mr. John Joerns
City of La Porte
604 Fairmont Parkway
La Porte, Texas 77571
SUBJECT: Interagency Agreement between Harris County and the City of La
Porte for the Construction of Fairmont Parkway from S.H. 146 to
Approximately 500 Feet West of 16th Street, APIN 9910200002
RECE\VED
i- .' '2 3 20\0
C\TY MANAGER'S
OFFICE APR 2 9 20\0
April 21, 2010
Dear Mr. Joerns:
The subject agreement was executed by Harris County Commissioners' Court on
April 13, 2010. Enclosed for your record is a fully executed agreement.
If you have any questions or need additional information, please call me at
(713) 755-6110.
Sincerely,
~~
Bill Nobles, P.E.
Manager of Contract Administration
BN/dt
Attachment
cc: Commissioner Sylvia R. Garcia, Pct. 2
Roel Garcia, Pct. 2
Janice B. Gray, HCPID
Jack Rodriguez, HCPID
Sheryl Herbert, HCPID
Nora Martinez, HCPID
Central File
j:\admnsvc\dteague\word\4-20-1 O-joerns-fairmont parkway.doc
9
----------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 22. 2010
Budl!:et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Highlight Memo on Inspection Division Activities
Budgeted Item: YES NO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Attached is a staff report highlighting Inspection Division activities.
Action Required bv Council:
-;/t1/(()
Date
Memo
To: Mayor and City Council
From: Debbie S. Wilmore, Chief Building Official
CC: Ron Bottoms, City Manager; John Joerns, Assistant City Manager; and Tim
Tieljens, Director of Planning
Date: 3/12/2010
Re: Highlight Memo on Inspection Division Activities
The following is our monthly report on some of the highlights of the Inspection Services
Division.
Building Permit for 418 So. Shady Lane
· This home was "substantially damaged" by Hurricane Ike. After evaluating their
options with staff, the owners chose to demolish their home of the past 20 years while
preserving the garage. A new home permit was issued in August 2009 and was
completed in January 2010.
· We had a good working relationship through-out the process and staff later received an
e-mail complimenting us on a "pleasant building experience" from preliminary
meetings, permitting process and professional field inspections.
Restaurant build-out of 1309 W. Fairmont Parkway, St. E
· Once the Casa Anitas #2 project was underway, the owner changed his group of
contractors. A change of this type requires staff to evaluate the project status, educate
the new contractors on the approved plans, issue new project permits and coordinate
remaining inspections.
· While time consuming for staff, the extra attention spent with the parties resulted in a
successful restaurant opening in February 2010.
10
-",.._.._........~~_. . _._,,_._-----_..,..._--,---"'-_..__..~-_.__.__..--_..--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
3-22-10
Bud2:et
Requested By: Kl'nith Adcox
Source of Funds:
Department: Police
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Department Report
Amount Requested:
Budgeted Item: N/A.
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Presentation of Police Department's 2009 Annual Report relating to crime and general police activities within the
City of La Porte.
~(,7 10
Date
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Submitted by Chuck Rosa //
812 S Virginia st /
Mr. Mayor, members ofthe council, manage( Martha and fellow citizens
Please consider the results of the www.laportepolls.com when considering spending
$125,000 on the camera system..the voters opposed this venture $52% to 48%..
Thanks
Chuck
1 of 1
about blank
3/20/2010 02:46 AM
about blank
Submitted by Chuck Rosa
812 S Virginia st
Mr. Mayor, members of the council, manager, Martha and fellow citizens,
Attached is a picture of the Sylvan beach area. The purpose of the picture
is to draw your attention to the huge crowds taking advantage of the recently
completed 3.3 million dollar project there. This was taken one weekend with not
so desirable weather. 2 police officers have been posted all day long on weekends.
The county has at least 3 full time employees cleaning up trash daily at the site.
My concern is your proposed construction of the 10 foot wide million dollar sidewalk
from the 5 points plaza to Sylvan Beach. Bus stops are already set up with routes
designed to bus people in from allover Houston. I believe the area will become so over crowed
and filled with trash it will unsafe for participation by our own citizens who paid for most of the cost
of this project.
Therefore I recommend that you abandon your effort to pursue this project. Or extend the beach
along the 2 properties the city owns East of the Sylvan beach area. The properties are commonly
known
as the former Klein resort and Happy Harbor. Recent poll taken by \\ show 70%
of the respondents
want the property used for a park or sold to an individual. only 31 % want it developed commercially.
Thank your for your consideration,
Chuck Rosa
1 of 1
3/20/2010 02:38 AM
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested 3/22/10
Appropriation
Requested By
Source of Funds:
N/A
Department:
PhlJl.lljJl.g D~pt
Account Number:
Report X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Memorandum of Agreement
Amount Requested:
Exhibits: Existinl! Developer's Al!reement
Budgeted Item: YES
NO
Exhibits: SClTP
Exhibits: Map
SUMMARY & RECOMMENDATION
The Lakes of Fairmont Greens (LFG) master plan delineates several sections planned for eventual development both
north and south of Wharton Weems Blvd. As part of that phased development, regional detention is planned to
mitigate the drainage effects of the development as a whole. While detention constructed with phase one exists south
of Wharton Weems, the developer (La Porte 65, Ltd) has been approached regarding the pre-excavation of soil from
future detention basins associated with sections to be developed north of Wharton Weems.
The developer currently has an existing Developer Agreement for Section One approved by Council in July of 2008,
as well as conditions approved and required in the SCUP approved in concert with the subdivision plat. The
Memorandum of Agreement (MOA) attached with this proposal reiterates or revises certain existing provisions
denoted in the SCUP and Developer Agreement and provides new deadlines for other provisions not previously
achieved, as well as providing supplemental requirements for the excavation being requested.
For the sake of simplicity, the format of the agreement is in bullet letter form. If approved, all existing provisions of
the SCUP and Developer Agreement would remain intact and enforceable except as specifically revised in the
MOA.
This action would help offset some future costs of the planned detention system which is intended to eventually
become public and maintained as part of a Public Improvement District (PID). It is also important to note that its
continued proper maintenance and integrity is equally as important as any cost savings.
If the MOA is approved and the pre-excavation is permitted, the soils will be used as part of the 146 construction of
overpasses.
Action Required bv Council:
Consider approval of attached memorandum of agreement.
Approved for Citv Council A1!enda
~4(ryt;: cff
-J/ ,er/IO
Date
MEMORANDUM OF AGREEMENT
BETWEEN
65 LA PORTE, LID. AND THE CITY OF LA PORTE
I. AUTHORITY:
This Memorandum of Agreement (MOA) between 65 La Porte LTD., and the City of La
Porte is entered into under the authority of 65 La Porte L TD., a Texas limited liability
partnership, (the "Developer"), 2398 Baycrest Drive, Houston, Texas 77058, as
Developer of the Lakes at Fairmont Greens Subdivision and City of La Porte, a municipal
corporation, 604 West Fairmont Parkway, La Porte, Texas 77571, (the "City").
II. PURPOSE AND OBJECTNES: The parties have heretofore entered into a
Development Agreement dated July 14,2008. The purpose of this Memorandum of
Agreement (MOA) is to facilitate an advance excavation of certain land north of Wharton
Weems Boulevard, to amend and supplement certain provisions of the Development
Agreement, and to establish a mutual framework governing the respective relationships
responsibilities, and activities between the City and the Developer. Except as amended
and supplemented by the MOA, the Development Agreement shall govern, and remain in
full force and effect.
III. RESPONSIBILITIES OF THE PARTIES
A. The Developer shall:
1. Complete the 6 foot wrought iron fence located along the golf course adjacent to
Section 1 using city approved specifications. The final completion date shall be on or
before June 1,2010.
2. Grant utility easement, pedestrian path easement and a right of entry agreement along
McCabe Road.
3. Install and maintain adequate protection for water/sewer stubs in Section 1 as needed.
4. Repair erosion, install and maintain erosion protection where needed and establish
vegetative cover in detention lakes south of Wharton Weems. The final completion date
shall be on or before June!, 2010.
5. Clean up fence line along Wharton Weems from previous clearing.
6. Complete the upgrade of Taylor Bayou with input from the City.
7. Install pedestrian bridge over Taylor Bayou when 40% of homes in Section 1 are
complete. Installation of the bridge prior to the 40% threshold will be at the discretion of
the Developer. The bridge installation approved by the City will meet all applicable
engineering specifications and design standards required by City building codes.
8. Create a 30' buffer along the golf course fence north of Wharton Weems between the
detention lakes. Final design of the buffer to be determined during the engineering phase
of the lakes. All engineered plans and specifications will be subject to approval by the
City and applicable building codes.
9. Construct detention lakes adjacent to the golf course north of Wharton Weems.
Detention lake construction will include connecting the lakes on the north and south sides
of Wharton Weems Blvd. Final design of the detention lakes to be determined prior to
approval of excavation. The plans and specifications for the detention lakes will include
a site and storm water management plan. All engineered plans and specifications will be
subject to approval by the City and applicable building codes.
10. Obtain agreement with the owner of a 20 acre tract (Exhibit A) fronting on State
Highway 146 which is located between Tract 1 and Tract 9 for construction of the
detention lakes needed for the 20 acre tract, depicted in Exhibit A, and Tract 1.
11. Install irrigation and landscaping in Section 1 on or before June 1,2010.
12. Grant a water/sewer easement to the City for Bayforest Golf Course at a location
acceptable to the Developer and the City of La Porte.
13. Provide ongoing maintenance of the development on the south and north sides of
Wharton Weems according to City codes and ordinances.
14. Execute a maintenance agreement with the City ensuring reliable performance
standards and procedures.
15. Shall not be responsible for any expense incurred as a result of any action by the City
contrary to the terms of this agreement.
16. This MOA is subject to City Council approval.
B. The City shall:
1. Issue permits, as needed, for the construction of the detention lakes upon Developer's
compliance with the City's applicable Codes and Ordinances, and Paragraph III,
subparagraphs 8 and 9 hereof.
2. Request a P&Z workshop review of the 50% lot coverage ratio for the Lakes of
Fairmont Greens. Upon positive vote by the P&Z, staffwill place on the agenda of the
next scheduled City Council Meeting for approval.
3. Cooperate with the Developer and Contractors during the construction of the detention
lakes.
4. Work with the Developer to determine the best possible upgrade to Taylor Bayou.
5. Work with the Developer to revise the Development Agreement.
6. Shall not be responsible for any expense incurred as a result of any action by the
Developer contrary to the terms of this agreement.
IV. MISCELLANEOUS:
A. Other Relationships or Obligations.
1. This MOA shall not affect any pre-existing or independent relationships or obligations
between the parties other than those related to this MOA.
2. BSP Construction will act as General Contractor to complete all construction activities
listed above.
B. Survival. The provisions ofthis MOA that require performance after the expiration or
termination of this MOA shall remain in force notwithstanding the expiration or
termination of the MOA.
C. Severability. If any provision of this MOA is determined to be invalid or
unenforceable, the remaining provisions shall remain in force and unaffected to the
fullest extent permitted by law and regulation.
extent permitted by law and regulation.
V. EFFECTIVE DATE: This agreement becomes effective upon the date of the last
approving signature and will remain in effect indefinitely until superseded, rescinded, or
modified by written, mutual agreement of both parties.
VI. AMENDMENT AND MODIFICATION: This MOA may be amended or modified
only by written, mutual agreement of the parties.
VII. POINTS OF CONTACT: The individuals named below shall serve as the respective
points of contact for all correspondence pertaining to this MOA.
65 La Porte, Ltd.
Name: James Larson
Title: Project Manager
Address: 2045 Space Park Drive
Suite 260
Nassau Bay, TX 77058
281-222-6694
larsoncommercial@gmail.com
Phone:
email:
BSP Construction
Name: Edward Bradley
Title: Owner
Address: P. O. Box 638
Santa Fe, TX 77517
409-370-3950
bspbradley@verizon.net
Phone:
email:
VII. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
dulyexecu as 0 - 0 ,2010.
CI
65 LA PORTE, Ltd.
a Texas limited partnership
By:
By: Baycrest, LLC.
Its General Partner
Name:
Title:
ATTEST:
..,_';;..~"~I',,#.
'~*->'I''''~
{*{ .r}
..~. .:,..
......;:I'~....;~t........
",,?'tll""
MARK L HONSAKER
MY COMMISSION EXPIRES
May 8, 2013
Title: fA i1 t!J Mtljel
ATTEST:
~~a~
Martha Gillett, City Secretary
Malladi S. Reddy
Its General Partner
Ie
DEVELOPER'S AGREEMENT
This DEVELOPER'S AGREEMENT ("Agreement") is entered into between Reddy
part,nershiP/La Porte, their Successors and Assigns (Developer) and. ~llX OF LA
POaIE\ !EXAS, a Texas Municipal Corporation ("City") on the ~ day
of,j Ll \J . 20~
(
Recitals
The Developer has proposed development of an approximate 138.41-acre tract in the
City of La Porte, as the Lakes at Fairmont Greens, which is referred to as the Tract and
defined hereinafter in Article I. Developer plans to develop the Tract, presently zoned
PUD, for single family residential use. City approval of this Developer's Agreement
shall constitute land use entitlement, subject to the additional requirements outlined
herein. Developer shall construct municipal utilities, including streets, a water
distribution system, wastewater collection system, and the stonn drainage/detention
system that will connect with the existing City of La Porte and other regional systems in
accordance with development regulations and policies of the applicable regulatory
agencies. In addition to municipal utilities, the Developer will construct the following
public amenities that will be owned by the City and maintained by the Public
Improvement District (PID): 1) 8' wide concrete hike and bike trails along the
detention/amenity ponds that will extend from Little Cedar Bayou Park to McCabe Road
2) 8' high masonry sound wall along S.H. 1463) 6' high ornamental iron fence adjacent
to the golf course as well as along rear lot lines which share a common boundary with
detention/amenity ponds 4) 6' upgrade wood fence with rot board and cap along
Wharton Weems Blvd. and McCabe Road 5) school bus stops (approximately 4) 6)
landscaping 7) entry monumentation 8) reserves/open space (including Taylor Bayou
and detention/amenity ponds) 9) 8' wide pedestrian bridge over Taylor Bayou and 10) a
1-2 acre park. north of Wharton Weems Blvd. with play equipment, tables, benches,
BBO pits, trash cans, etc. (As defined in Exhibits F and G attached hereto.)
The City has required, and Developer has agreed, that the tract will be developed in
general accordance with the Overall Lakes at Fainnont Greens development (in
accordance with the General Plan) approved by the City (as defined below and attached
hereto as Exhibit C). Such General Plan shall be subject to periodic amendment as
each phase of the development is implemented.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Developer agree as follows:
~,'
Developer's Agreement (Rev,)doc,doc
Page 1 of 9
ARTICLE l. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates othelWise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical de~~pment ao-d use of the Tract as
defined herein and approved by the City on the/f:.day of-JtA \Y' I 20~, or as
amended as allowed herein.
SCUP means Special Conditional Use Permit approved by the City.
Developer means Reddy Partnership/La Porte or their assigns or succeeding
developers.
Tract means the approximate 138.41 acres of land to be developed by Developer as
described in Exhibit B attached hereto.
HOA shall mean and refer to Lakes at Fairmont Greens Homeowners Association, Inc.,
a non-profit corporation incorporated under the laws of the State of Texas its
successors and assigns.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated herein:
Exhibit A - Special Conditional Use Permit (SCUP)
Exhibit B - Metes and Bounds Description of the Tract(s)
Exhibit C - Overall Lakes at Fairmont Greens development (in accordance with the
General Plan as amended)
\
Exhibit D - (Reserved)
Exhibit E - Declaration -of Restrictive Covenants for Lakes at Fairmont Greens
applicable to all construction and uses as filed at the film code #......, H.C.M.R.
Exhibit F - Schematic Landscape Design (Also includes unattached seven sheet plan
set dated 5-30-07 produced by Gerald Brown, AS LA, and received by staff on 11-22-07,
as redlined.
Exhibit G - Amenity Plan (Open Space / Trail System / Sound Wall! Upgrade Fence /
Omamentallron Fence / Park) - Plan views and Cross-Sections
Exhibit H - Metes & Bounds Description of that Portion of Taylor Bayou Accepted by the
City to be maintained by the PID.
.Jo_o'
Exhibit I - Public Improvement District Agreement
Developer's Agreement (Rev.)doc.doc
Page 2 of 9
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and Land Use. Developer shall develop the entire Tract in
general accordance with the General Plan, SCUP and this Agreement, and any
amendments thereto, as approved by the City, allowing for periodic updates and
amendments to such Plan as various sections of the Overall Development are
implemented. The overall Lakes at Fairmont Greens development (in accordance with
the General Plan) is attached herewith and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that the
Developer's intent is to develop the Tracts as a residential PUD development consistent
with the City's Land Use Plan subject to certain exceptions listed below. Developer or
Developer's successors shall provide amenities and support facilities as set forth on the
General Plan and SCUP, both of which are attached to this Agreement. City
acknowledges that Developer intends to develop the Tracts in phases, and that all
development shall be in accordance with the Special Conditional Use Permit#SCU 04-
012 (SCUP), the General Plan and this Agreement. Should Developer determine that
the General Plan needs to be amended, Developer shall submit said modifications to
the City for review and approval, which said application shall be processed consistent
with this Agreement, the current General Plan and the Zoning Ordinance of the City of
La Porte, as the same may be amended from time to time. Amendments to the General
Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing.
2.3 Additional Land Use Restrictions. Developer agrees to conform to the City's
Code of Ordinances, Land Use Plan and established policies.
ARTICLE III. RESTRICTIVE COVENANTS
3.1 Development of Restrictive Covenants. Developer has recorded Declaration.
of Restrictive Covenants for Lakes at Fairrnont Greens which are attached to this
Agreement as Exhibit "E". The covenants and deed restrictions apply to and are binding
upon the entire Tract. Declaration of Restrictive Covenants shall be approved by the
City and shall be recorded concurrently with the recordation of each subsequent plat.
ARTICLE IV. TERMINATION
4.1 Term. This Agreement shall have a term commencing on the date first written
above and continuing until the date in which all portions of the Tract have been platted
and developed (with construction of all streets and utilities on the Tract as reflected by
the plats completed or installed and financed by the Developer).
Jo./
Developer's Agreement (Rev.)doc,doc
Page 3 of9
Failure of Developer to begin construction in accordance with the approved plat/plans
and Special Conditional Use Permit within one year after issuance of said permit or as
scheduled under the terms of the SCUP shall terminate this Agreement. Developer
may, before the expiration of one year, request an extension of time from the Planning
and Zoning Commission, in the event that construction has not started in accordance
with the SCUP.
ARTICLE V. OPEN SPACEITRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Developer shall provide common
open space and pedestrian trails within the Restricted Reserves as shown in Exhibit C.
Details and cross-sections are further illustrated on the Schematic Landscape Design
(Exhibit F).
It is recognized that, until the final design of the detention pond/drainage system within
each section is approved, the exact location and dimensions of these facilities are
schematic. However, when the final design is approved, the City agrees to accept these
areas as public recreation amenities to be maintained by the PID, further explained in
the Public Improvement District Agreement (Exhibit I).
5.2 Beautification. The Developer shall implement a landscape plan for all phases
of the entire project that will address landscaping provisions in the detention ponds,
areas adjacent to the Bayforest Golf Course, at all subdivision entrances and along S.H.
146. Such public landscape and amenity areas are to be owned by the City and
maintained by the PID.
5.3 Taylor Bayou. The portion of Taylor Bayou described by metes and
bounds in Exhibit H, as well as the subdivision's drainage outfall structures within
drainage reserves, will be owned by the City and maintained by the PID. Enhanced
amenity plan of Taylor Bayou shall be approved by the City.
5.4 Ownership and Maintenance. The City will own all of the public landscape,
drainage, detention, open space and recreation reserves throughout the Development.
The maintenance of the reserves and easements will be the responsibility of the PID
pursuant to provisions of the deed restrictions, enforced by the HOA.
Grass within the dry areas of the detention ponds and Taylor Bayou will be maintained
at 12 inches in height or less. Erosion or other maintenance items within detention
ponds and Taylor Bayou will be corrected immediately as it is discovered by filling,
compacting and seeding.
Grass within parks, open space and landscape reserves will be maintained within 6
inches and grass within drainage reserves will be maintained at 9 inches in height or
less.
Damage to the public fences, sound walls and entry monumentation will be repaired as
damage occurs.
Developer's Agreement (Rev,)doc.doc
Page 4 of 9
5.5 Bi-Lateral Agreement The Home Owner's Association and the Public
Improvement District will enter into a Bi-Lateral Agreement that states that the PID will
assess and collect the funds for the maintenance of the items listed above and the HOA
will hire the contractors and oversee the actual maintenance activities.
ARTICLE VI. SCHEDULE
6.1 Project sequencing. The Developer shall establish a specific sequence for the
development and construction of the project. Engineering, platting and construction of
the project are to be by section. The components contained in each section are subject
to approval by the City and are delineated in Exhibit C. The project schedule is
applicable to each section as outlined below:
. Complete engineering study, including drainage and preliminary infrastructure
design.
. Detailed engineering design for Phase, including water and sanitary sewer service
and initial drainage and detention to accommodate Phase;
. Subdivision preliminary platting, site plan, and detailed engineering plans review by
the City of La Porte and others;
. Submission of Final Plat.
. Installation of on-site and oft-site improvements in accordance with Plans.
. Recordation of Final Plat
. Completion of other "Developer Items" such as fences, landscaping, amenities, etc.
. Continuation of remainder of development as rapidly as market demands.
The builder(s) selected by the developer is/are hereinafter authorized to make
application for permits to construct housing units within "Lakes at Fairmont Greens
Subdivision Section 1", as per the requirements of this agreement and the builder's
agreement also attached to the ordinances authorizing this agreement.
The developer acknowledges the City recently authorized him to place a temporary
construction/sales trailer and to construct "Developer items" herein described applicable
to Section 1 subject to submittal and issuance of permits. Implementation of said items
are to be constructed in accordance with Section 6.3 below.
6.2 Plat Recordation. The final plat for each section, as approved by City Planning
and Zoning Commission, may be recorded once the City has inspected and accepted
the Water, Sewer, Drainage and Paving for that section.
The recordation of Final Plats for successive phases implemented under this agreement
may also be done after City acceptance of the public infrastructure for said phase,
subject to the Developer providing the City with an acceptable date for completion of
other "Developer Items" applicable to those sections. Final plats on successive phases
will not be approved until "Developer Items" on current sections under construction are
completed.
6/
6.3 The Lakes at Fairmont Greens, Section 1 plat has been recorded with Harris
County and the water, sewer, drainage and paving have been accepted by the City. The
Developer's Agreement (Rev.)doc.doc
Page 5 of 9
following list, plans and specifications subject to City approval, will be considered
"Developer Items" applicable to Section 1: 1) 8 feet sound wall along State Highway 146
2) 6 feet upgrade wood fence along Wharton Weems Boulevard 3) 6 feet high
ornamental iron wrought fence along the golf course 4) entry monumentations 5)
landscaping and 6) school bus stop 7) Payment for the signalization of Wharton Weems
Boulevard at State Highway 146 to be shared with the developer of Port Crossing
development. 8) Rear lot line fences adjacent to any pedestrian pathway or similar
amenity are to be of like standard with the fence along the golf course and may be
passed on to the builder subject to the approval by the City. Completion of "Developer
Items" for Section 1 shall continue following approval of this agreement with a
completion date not to exceed December 31, 2008.
Failure to accomplish the "Developer Items" may give cause for the TIRZ board to
withhold further increments. Developer will furnish to the City approved and executed
agreements with subsequent builders assigning any construction or installation
responsibilities along with a schedule of construction prior to the issuance of any
building permits.
ARTICLE VII. UTILITIES, DRAINAGE
7.1 UtilitiesJ Drainage. The Developer shall design and construct adequate water,
wastewater, and drainage facilities to serve each section of this project in accordance
with the City requirements and as further defined by this Agreement. As to water and
sanitary sewer, this would include a water system necessary for both fire suppression
and potable water supply with a loop connection to the main on the east side of S.H.
146 and a wastewater collection system.
The Developer will provide a drainage study for the subject property, which will include
the effect of the development on the surrounding properties as well as other properties
in the watershed. The study and design of drainage improvements shall meet the
requirements and approval of the appropriate governing agencies. Developer's
representative agrees to meet with City, prior to design of public utilities, to discuss
design criteria standards and policies. City shall approve all construction plans and
specifications for public improvements.
ARTICLE VIII. BUILDING LINES
8.1 Building Lines. The Developer shall establish building lines appropriate to the
use, but not less than those prescribed in the City's Code of Ordinances/SCUP.
Developer agrees that building lines will be either equal to or greater than that required
by ordinance for the zoning use shown and shall be based on site use or as shown on
the General Plan.
,J......
Developer's Agreement (Rev,)doc.doc
Page 6 of 9
ARTICLE IX. BUILDING PLANS - PRODUCT
9.1 Building Plans. The Developer in conjunction with the subsequent builder will
provide the City appropriate or the best line of house product especially on the lots
overlooking the Golf Course.
ARTICLE X. MISCELLANEOUS
10.1 Sale of Tract; Assignability. Any contract by Developer to sell the entirety or
any portion of the Tract to a person or entity intending to develop the tract or such
portion thereof (a "Successor Developer," whether one or more) and any instrument of
conveyance for the entirety or any portion of the Tract to such Successor Developer
shall recite and incorporate this recorded Contract and exhibits hereto and provide that
this Contract be binding on such Successor Developer.
10.2 Force Majeure. If by reason offorce majeure any party hereto shall be rendered
unable wholly or in part to carry out its obligations under this Agreement, then if such
party shall give notice and full particulars of such force majeure in writing to the party
within a reasonable time after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of inability then claimed, but for no longer period;
and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems
hereunder. Force Majeure may not be claimed by Developer under any set of
circumstances prior to commencement of construction on the Tract.
10.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
10.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
performance by any party of any duty or obligation hereunder, shall be deemed or
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
10.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States Postal Service and addressed to
the party to be notified. Notice deposited in the mail in the manner hereinabove
Developer's Agreement (Rev.)doc.doc
Page 7 of 9
described shall be conclusively deemed to be effective, unless otherwise stated in this
Contract, from and after the expiration of three (3) days after it is deposited. Notice
given in any such other method shall be effective when received by the party to be
notified. For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as follows:
If to the City, to:
Ron Bottoms
City of La Porte
City Manager
604 W. Fairmont Parkway
La Porte, Texas 77571
If to Developer, to:
Dr. Malladi Reddy, M.D.
65 La Porte, Ltd.
cia Baycrest, LLC.
2045 Space Park Dr., #180
Houston, Texas 77058
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
10.6 Merger and Modifications. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contract
shall be subject to change or modification only with the mutual written consent of the
parties.
10.7 Benefits of Contract This Contract is for the benefit of the City and Developer
and shall not be construed to confer any benefit on any other person except as
expressly provided for herein.
10.8 Attorney's Fees. In the event of any litigation between the parties with respect
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
10.9 Government Immunity Preserved. The Developer and the City agree that the
City does not, by entering in to this Contract or performing any act hereunder or by
failing to take any action hereunder, waive any governmental immunity that the City, its
officers, employees, or representatives, have under any law.
10.10 One-Party Breach. Any breach of this agreement by one party identified and
referred to herein as Developer shall not be or constitute a breach of this agreement by
the other party of Developer.
10.11 Covenant Running With the Land. The obligations imposed on Developers
herein shall not impose personal liability on them, but shall constitut~ a covenant
running with the land, and as such shall be binding on the present owners of the Tract
as well as subsequent owners thereof.
-'
Developer's Agreement (Rev.)doc.doc
Page 8of9
DEVELOPER:
Reddy Partnership/La Porte
By: /'/~p~
Dr. Malladi S. Reddy
Date:
7 t' '1 / :UO'r
Date: 1. /4. 0 (
ATTEST:
~ fJ1tl{0kLM;J)~
Mai1ha Gillett, City Secretary
APPROVED:
t/#r*~
Clark T. Askins, Assistant City Attorney
...-.'"-
Developer's Agreement (Rev.}doc.doc
Page 9 of 9
~'f'
City of La Porte
Special Conditional Use Permit # SCU 04-012
Arete Real Estate & Development Co.
Owners
.'j
(
~
This permit is issued to:
340 N Sam Houston Parkway East. Suite#140 Houston. TX 77060
Address
For Development of:
Proposed Lakes at Fairmont Greens
Development Name
Located at SH 146 south of Baypoint townhomes
Address
Legal Description:
135.4+/- acres of land beina located in the W.P. Harris Survey, A-3D
City of La Porte. Harris County. Texas
Planned Unit Development (PUD)
Zoning:
Use:
Sinale-family residential and commercial
Permit Conditions:
Land Use:
1. Allow single-family lots wi1h 70' width along the Golf Course and 60'to 65' width lots in
other areas.
2. Maintain the redesign of the single-family lot layout to avoid front on 8th Street.
3. Allow commercial development at parcel 10 near McCabe;' Road & State Highway 146
(approximately 5 acres thereby qualifying for a PUD). A further refinement of the
commercial activity will be determined when the Development Agreement is created. Future
land use shall be approved by the City.
4. A 20 acres tract in center of development remains PUD without land use designation. But,
underlying land use from the Comprehensive Plan indicates single-family residential.
Stree~: .
1. Remove existing chain link fencing on border of golf course property.
2. Avoid using 8th Street during construction phases of the development.
3. Provide emergency access to the golf course from McCabe Road area (alley and gate) to allow
. ambulance into this area of the course.
4. Center turn lanes on Wharton Weems should be considered.
5. Traffic signal on Wharton Weems and S.H. 146 is needed at the time the subdivision is developed.
The Developer should coordinate with TXDOT. Traffic impact study shall be initiated to look at
the need for widening and additional lanes at Wharton Weems with crossover consideration in
conjunction with improvements on S.H. 146
6. 8th Street not to go through. Design a dead-end with a temporary cul-de-sac added until it is
determined that an additional ROW is needed for park access.
7. A possible redesign of Section 5 may be needed to allow secondary access to S.H. 146 and roads may
have temporary cul-de-sacs to plan for future tie-ins between Section 5 and Section 3.
Detention:
1. Ensure that lake/detention areas are continuous. Provide wrought iron fencing to prevent
free movement of pedestrian traffic between the golf course and the subdivision. Install
wrought iron fencing along the rear of each lot overlooking the golf course/detention lake
area or between detention lakes and golf course, or other fencing alignment/material
."approved by City Staff.
2. Size outflow piping so that water is retained sufficiently to prevent flooding on the golf
course or the subdivision. Detention designs shall be approved by the City.
3. Discuss rounding right angle comers of detention areas, (possibly utilizing City-owned land
to do so); this will increase detention capacity for the lake system).
, .
(
4. Maintenance of detention, down to the water level, will be determined in the Development
Agreement subject to final approval by the City.
5. Total volume of detention ponds shall meet or exceed the total volume recommended by
the Taylor Bayou study.
6. Coordinate with the City Staff on mechanism for maintaining static water level in wet
bottom detention ponds.
Parks. trails. and landscaping:
1. Add at least one 1-2 acre park site, not within Parcell 0, in additon to the passive park/detention areas
shown in the 1 st round.
2. Install play/service equipment to the current City of La Porte park standards (e.g. playground, picnic
areas, trash cans, barbeque pits, etc.)
3. Incorporate pedestrian/bicycle trails along the linear detention/park areas, with entry and exit to the
subdivision, in at least 4-5 locations along its length.
4. Pedestrian/bicycle trails will be used by the subdivision and general public. Maintenance shall be the
responsibility of the Homeowner's Association (ROA), Public Improvement District (PID) or other entity
approved by the City.
5. Create winding pedestrian/bicycle trails with trees situated to add shade and landscaping to trails, both
along the linear park.
6. Provide a pedestrian/bicycle path from: SH 146 to Little Cedar Park along the north perimeter of the
subdivision, with a connection to the east side pedestrian/bicycle trail.
7. Sidewalks are required along both sides of Wharton Weems Boluevard and McCabe Road.
8. As advised by TxDOT, create a landscaped 'sound wall along SH146 outside the 10' utility easement to
have to reduce noise levels for the subdivision; ifberms utilized, then shrubbery planted along the top
(i.e. oleanders) to provide additional sound deadening. The design of the sound wall must be approved
by City Staff.
9. Irrigation shall be provided to allow establishment of all plant material.
10. Clearly state in covenents or deed restrictions that it is the responsibility of the homeowners to pay for
all costs for repairs that are incurred when property adjacent to the existing golf course and driving
range is damaged. Or iffeasible, provide a protective mechanism that prevents damage to property that
is adjacent to the golf course or driving range.
11. Install a pedestrian bridge over Taylor Bayou to provide continuity for internal subdivision alternative
transportation, if necessary.
12. Submit the Developer's Agreement with the 'preliminary plat, covenants and deed restrictions, etc.
reaffirming and resolving the above conditions.
13. Plans shown, once accepted, cannot change unless in the case of minor road or lot configuration as
determined and approved by the Director of Planning.
Mandatory items:
1. Design and construction for the new 24" trunk sewer main, location of new lift station #12,
off-site improvements to LS#6, and other infrastructure are the responsibility of the
develeoper and shall be approved by the City Staff.
2. Water meters accommodating automated meter reader devices shall be installed by the
developer. Coordinate appropriate City staff to obtain specifications.
3. All deeds, covenants & restrictions shall be reviewed and approved by the City of La Porte.
4. Comply with all other applicable laws and ordinances of the City of La Porte and the State
of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as appro:ved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon recommendation of the Planning and Zoning Commission of the City of
La Porte, a,9d the preViOUr;S zoning of the entire tract s~ be in full effect on the portion which is undev~loped.
Valida::IA1 tionDate: I 0 \. \S-\L-b1>S
~~ ':$atdt,c4~
ec r of lanning City Secretary
EXHIBIT FOR OVERALL
LAKES OF FAIRMONT GREENS
DEVELOPMENT
NOTE: THE LANDPLAN IN THIS EXHIBIT
IS BASED ON AVAILABLE INFORl.iATION
PRO"DED BY THE OWNER.
INFORMATION HAS NOT BEEN VERIFIED
BY FIELD SURVEY. THIS PRELlI.tINARY
PLAN IS INTENDED FOR REFERENCE
PUPROSES ONLY. ACTUAL LOT \1ELO
AND INFRASTUCTURE COST
PROJECTIONS CANNOT BE DETERMINED
UNTIL FURTHER DETAILED SITE
CONDITIONS ARE DETERMINED.
THE FEATURES IN SECTION ONE ARE
SHOWN AS INTENDED TO BE BUILT.
FEATURES LOCATED IN FUTURE
PHASES ARE SCHEMATIC AND WILL BE
FlNALlZED DURING THE DESIGN PHASE
OF EACH SECTION.
Ion
Design
Group
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