CITY OF LAREDO SPECIAL CITY COUNCIL MEETING A-2010-SC-08 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 NOVEMBER 8, 2010 5:30 P.M.
DISABILITY ACCESS STATEMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.
Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MINUTES
Approval of the minutes of October 18, 2010, October 27, 2010 & November 1, 2010
V. COMMUNICATIONS AND RECOGNITIONS
Recognitions
a. Recognizing Juan “Johnny” Ramos, Kohl’s Store Manager, for his participation in the backpack distribution event held Wednesday, October 20, 2010, hosted by District IV.
Communiqués
a. Presentation by HEB staff regarding the upcoming 22nd Annual “Feast of Sharing” Thanksgiving Dinner.
Citizen comments Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
a. Appointment by Council Member Michael Landeck of Mr. Sabas Zapata to the Sports Ad Hoc Advisory Committee.
VII. PUBLIC HEARINGS
1. Public hearing and introductory ordinance amending the City of Laredo Health Department FY 2010-2011 annual budget by authorizing the city manager to accept and appropriate revenues and expenditures in the amount of $200,000.00 from the Department of Health and Human Services Centers for disease control and prevention. The funds are for a partnership with the mid Rio Grande Border Area Health Education Center (AHEC) who will receive $161,000.00 to implement the assessment partnering with the University of Texas Health Science Center at San Antonio Center for South Texas Programs and South Texas AHEC, several community partners and the City of Laredo Health Department who will receive $39,000.00 including one (1) FTE Clerk III along with various other local community partners, this project will conduct a health care needs assessment to project health care services, assess indigent care, address emerging health care issues and needs, health care professions development as well as improve health care access. This project is from September 1, 2010 through August 31, 2011.
2. Public hearing and introductory ordinance amending the City of Laredo Special Police Programs Fund FY 2010-2011 annual budget by authorizing the City Manager to amend the full time equivalent positions (FTE) by adding one (1) Evidence Tech and one (1) Network Specialist to the Special Police Program Fund. Funding for these positions is $71,301.00 and has been appropriated in the Special Police Program Fund and will be funded through The Edward Byrne Memorial Justice Assistance Grant Program which will be used to pay for the salaries and fringe benefits for these positions.
3. Public hearing and introductory ordinance authorizing City Manager to accept, execute, and amend the City of Laredo Special Police Programs Fund FY 2010-2011 annual budget in the amount of $4,369,266.00 to fund the Community Oriented Policing Services COPS Grant and to amend the Full Time Equivalent Positions (FTE) by adding twenty-two (22) Police Officer Cadet positions grade 71 to the Special Police Program Fund. Funding for this project is available from the COPS Office and will be used to hire twenty-two (22) new police officer cadet positions and the program will pay 100% of the officer salaries and fringe benefits for the next three (3) years.
4. Public hearing and introductory ordinance amending the City of Laredo Municipal Court FY 2010-2011 annual budget and FTE’s by authorizing the City Manager to accept, execute and appropriate revenues and expenditures in the amount of $35,638.82 received from Linebarger, Goggan, Blair & Sampson, L.L.P. to offset the expense to the City of Laredo
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for the creation of one (1) full time assistant court clerk position (salary and benefits) to handle data transfer, additional walk-in traffic, phone inquiries and other tasks associated with the implementation and administration of the contract for professional collection services.
(Recess) (Press Availability)
VIII. INTRODUCTORY ORDINANCES
5. Authorizing the City Manager to execute an amendment to the lease with Ronny Salamon d/b/a Avionics Services Intl., approved on November 7, 2005, by Ordinance No. 2005-O-277 for approximately 6,174 square feet constituting Building No. 1338 located at 4015 North Jarvis Avenue at the Laredo International Airport. Said Amendment adds three (3) years to the lease term ending on September 30, 2013 and amending Section 2.02 Lessee’s Duty to Repair, to obligate Lessee to make several improvements to the leased premises. All other terms and conditions of the lease remain unchanged and in effect; providing for an effective date.
6. Authorizing the City Manager to grant a Right-of-Entry to United States of America for a twenty-four (24) month period on City owned property located alongside the Rio Grande and directly under International Bridge I (as depicted in the attached survey Exhibit “A”), to allow access to the site, allow the installation of a temporary cofferdam, install a permanent surface, associated parking area, install lights at the parking area and improve the boat ramp.
IX. FINAL READING OF ORDINANCES
7. 2010-O-165 Amending the Code of Ordinances section 15-5 (fees for influenza, pneumococcal, childhood and other immunizations) by specifying charges for influenza from $15.00 to $20.00 and pneumococcal from $20.00 to $35.00, and raising the administrative fee from $4.00 to $8.00 for children and qualifying adults; section 15-9 (fees for maternal and child health program) by establishing a fee of $26.00 per visit for early detection, screening, nursing and/or sexually transmitted disease services; section 15- 12 (fees for clinical health services provided in the adult health/primary health care, disease prevention, chronic disease services, early detection or sexually transmitted disease services) by adding a first visit fee of $26.00 and a follow-up general fee of $15.00; section 15-13 by increasing the fee of $15.00 for water bacteriological testing to $18.00 for routine testing and $25.00 for microorganism type testing and repealing ordinances 2008-o-163 and 2000-o-169; by adding additional definitions and clarification to comply with state and federal fee guidelines (income, Title V, Medicaid or Medicare) and/or as accepted by motion during the budget workshop. This action will allow for additional patient care services needed to assure appropriate care, protect the public’s health and to prevent disease outbreaks. Providing for public hearing, publication and effective date. (AS AMENDED)
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2010-O-166 Amending section 24-78, of the Laredo Land Development Code, entitled off-street parking and loading requirements, by creating section 24-78.1 purpose, by amending (a) general requirements establishing minimum parking space requirement formulas and establishing valet parking provisions, amending (c) parking space dimension by establishing minimum standards for single family residential parking, amending (i) location of parking spaces by establishing the methodology for measuring distances between commercial uses and off-site parking facilities, amending (k) joint use by defining overlap and requiring an agreement be created between the parties for joint use of parking spaces; providing for publication and effective date. (AS AMENDED)
2010-O-167 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 12 & the west three (3) feet of Lot 11, Block 1627, Eastern Division, located at 2720 Ross Street, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.
2010-O-168 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 10 and East ½ of Lot 11, Block 925, Eastern Division, located at 1706 Chihuahua Street, from R-O (Residential/Office District) to B-1 (Limited Commercial District); providing for publication and effective date.
2010-O-169 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for the storage of flammable and explosive products on Lots 5, 6, and 7, Block 1, San Isidro Business Park, located at 410 Crossroads Street; providing for publication and effective date.
X. RESOLUTIONS
8. 2010-R-027 Correcting a duplication of the numbering of Resolution 2010- R-022, ratifying approval and acceptance of the donation of a parcel of land for one (1) utility easement from Gabriel Perez and Alberta Perez, for Pueblo Nuevo Subdivision Easement Acquisition Project; said parcel of land, being a 600 square foot tract of land out of lot 6, block 10, Pueblo Nuevo Subdivision, said tract conveyed by deed to Luz Olivia Gonzales, recorded in volume 1458, pages 200-203, official public records, Webb County, Texas, and being more particularly described by metes and bounds and a survey; hereto attached, as exhibits “A” & “B”, respectively.
9. 2010-R-095 Authorizing the City Manager to accept a grant from the Bulletproof Vest Partnership (BVP) Program. The U.S. Department of Justice BVP program will fund $5,774.00, and the City of Laredo will designate $5,774.00 in matching funds for a total program budget of $11,548.00. Funding will be used to replace bulletproof vests that exceed the recommended life expectancy. Funding is available in the City of Laredo Special Police Programs.
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10. 2010-R-098 Authorizing the City Manager to enter into contract with the Texas Department of State Health Services through the South Texas Development Council for an amount of $136,022.00 for the continuation of the Health Department HIV/Health & Social Services, for the term of September 1, 2010 through August 31, 2011.
11. 2010-R-099 Supporting an application by Laredo Main Street for the designation of the City of Laredo, Texas, and the County of Webb as a Preserve America Community. Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; to enhance shared knowledge about our nations past and strengthening our regional identities and local pride.
XI. MOTIONS
12. Consideration to award a contract to Antares Development Corporation in the amount of $300,000.00, utilizing the BuyBoard Cooperative Purchasing Program contract award #331-09 for the continuation of Phase III of the data management system for Animal Control Services that will allow us to fully automate and archive the data system operations which will increase field operations, streamline services and improve inspections to better implement the animal and fowl ordinance allowing Animal Control Officers to enhance services and improve efficiency as well to improve enforcement of illegal pet vending, neglect and cruelty as well as monitor pet permits, pet registration and improve rabies control and prevention. Finally by completing Phase III, the data management infrastructure to support additional growth in the department data system will be improved. Funding is available through the Health Department Budget.
13. Considerations to rescind the bid award at the September 20, 2010, City Council meeting, to Barney’s Police Supplies, Lafayette, LA., for the purchase of duty ammunition for the Police Department, and award a contract to the next lowest bidder meeting specifications, Bailey House of Guns, Inc., Houston, Texas in the estimated amount of $85,998.26. Barney’s Police Supplies was unable to provide the ammunition requested by the department. Funding is available in Police Department budget.
14. Consideration to authorize a contract in the amount of $151,786.28 with Allen Vanguard, Ottawa, On. , Canada for the purchase of four (4) EOD Bomb Squad Suits for the Police Department’s bomb squad. Allen Vanguard is the sole source manufacturer of the EOD Bomb Squad Suits. Funding is available in the Police Home Land Security Grant and Police Trust Fund.
15. Consideration to award an annual service contract FY 11-003 to the lowest bidder Cantu Electric, Laredo, Texas, in the estimated amount of $300,000.00 for the furnishing of materials, machinery, equipment, labor and all other services necessary for the maintenance of street lights (not maintained by AEP-CPL) and traffic signal lights throughout the City. The
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contract includes electrical services for traffic signal and street lights and for installation, construction, and underground work, for new and/or upgraded traffic signals and for the installation and maintenance of street lights. This contract also contains provisions for city departmental electrical service projects and repairs. Funding is available in the Traffic Safety budget.
16. Award of construction contract to the lowest bidder Reim Construction, Inc., Alton, Texas, in the amount of $390,588.50 for the Airport Truck Route— Thomas Avenue Extension with a construction contract time of forty (40) working days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Funding is available in the Airport Construction Fund.
17. Consideration for approval to award a professional services contract to Metaform Studio Architects, Inc., Laredo, Texas, in an amount not to exceed $41,219.00 for design and preparation of plans and specifications for the Three Points Basketball Facility. Design work is to be on a fast track basis approximately two (2) months. Funding is available in the 2007 C.O. Issue—District 3 Discretionary Funds.
18. Authorizing the purchase of the “Surface Only”, for the following parcel of land from Mr. Leon Oscar Ramirez in the amount of $22,400.00; established market value for the Chacon Hike and Bike Trail Project. Said parcel of land, legally described as Lots 3-6, Block 2169, Eastern Division as per Plat of Webb County, Texas. Parcel mentioned will allow for improvements along the Chacon Creek and locations along its borders to help improve conditions and provide for future recreational opportunities. Funding is available in the 2007 Drainage Bond.
19. Consideration for approval to award a professional services contract to Terracon Consultants, Inc., Laredo, Texas, in the amount of $63,165.00 to provide laboratory, sampling and testing services of materials for quality assurance for the City of Laredo Fire Department Administration Center. Contract time is for the duration of the project approximately three hundred sixty-five (365) calendar days. Funding is available in the 2009 C.O. Bond.
20. Award of construction contract to the lowest qualified bidder Empire Roofing Companies, Inc., San Antonio, Texas, in the base bid amount of $259,310.00 for the Laredo Main Public Library Roof Recover Project with a construction contract time of sixty (60) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Funding is available in the 2008 C.O. Bond and Capital Improvement Fund.
21. Consideration to ratify the City Manager’s authorization of the second amendment to the contract between the City of Laredo and the Laredo Municipal Housing Corporation (LMHC) in the amount of $299,228.00 for the repair of properties acquired through the 2008 Texas Neighborhood Housing Stabilization Program (NSP) to include the specific addresses of the twenty-one (21) properties to be rehabilitated and incorporating as part
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of the contract the plans and specifications for repair for each house identified as Attachment A. Funding is available in the Texas Neighborhood Housing Stabilization Account.
22. Refund of property tax in the amount of $641.08 payable to EverHome Mortgage Co. due to an erroneous payment. Account # 938-20009-030.
23. Consideration to authorize the purchase and installation of ADA compliant cardio and strength equipment for the Haynes Recreation Center from the following vendors:
1. Bodyworks Fitness Equipment, Austin, Texas, through the BuyBoard’s Cooperative Purchasing Program’s contract pricing in the amount of $116,067.00;
2. Marathon Fitness, Sugarland, Texas, through the State of Texas – TXMAS Cooperative Purchasing Program, in the amount of $41,853.00.
Funding is available from the 2009 Personal Property Financing Certificates of Obligation Bond Proceeds.
XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
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A. Request by Council Member Hector “Tito” Garcia 1. Requesting that staff determine the possibility of erecting electronic message boards at El Portal, with possible action.
B. Request by Council Member Gene Belmares 1. Discussion with possible action on a request from the Animal Protective Society (APS) for support of a spay and neuter mobile van to help address the serious pet over-population problem.
2. Discussion with possible action on initiating a speed hump pilot project on Country Club Drive and accepting a donation from the Plantation Home Owners Association for the cost of speed humps.
3. Discussion with possible action on a full financial disclosure for the acquisition development and construction of North Central Park.
XIII. EXECUTIVE SESSION
The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of
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the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.
XIV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
25. Motion to waive bus fare collection to and from the HEB Thanksgiving “Feast of Sharing” Sunday, November 21, 2010, as participation by the City of Laredo co-sponsoring this event. The shuttle will start at the Transit Center, 1301 Farragut to and from the Civic Center from 9:30 a.m. and end at 5:30 p.m. El Metro bus service will be provided as a contribution towards this annual event.
XV. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN
This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, November 3, 2010 at 6:30 p.m.
Gustavo Guevara, Jr. City Secretary
8 COUNCIL COMMUNICATION DATE: I SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2010-2011 ANNUAL BUDGET BY AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE REVENUES AND EXPENDITURES IN THE AMOUNT OF $200,000.00 FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION. THE FUNDS ARE FOR A PARTNERSHIP WITH THE MID RIO GRANDE BORDER AREA HEALTH EDUCATION CENTER (AHEC) WHO WILL RECEIVE $161,000 TO IMPLEMENT THE ASSESSMENT PARTNERING WITH THE UNnTERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO CENTER FOR SOUTH TEXAS PROGRAMS AND SOUTH TEXAS AHEC, SEVERAL COMMUNITY PARTNERS AND THE CITY OF LAREDO HEALTH DEPARTMENT WHO WILL RECEIVE $39,000 INCLUDING ONE (1) FTE CLERK m. ALONG WITH VARIOUS OTHER LOCAL COMMUNITY PARTNERS, THIS PROJECT WILL CONDUCT A HEALTH CARE NEEDS ASSESSMENT TO PROJECT HEALTH CARE SERVICES, ASSESS INDIGENT CARE, ADDRESS EMERGING HEALTH CARE ISSUES AND NEEDS, HEALTH CARE PROFESSIONS DEVELOPMENT AS WELL AS IMPROVE HEALTH CARE ACCESS. THE PROJECT IS FROM SEPTEMBER 1, 2010 I THROUGH AUGUST 31,2011. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: The health care delivery system has not kept up with the explosive growth this region has experienced. Laredo has one of the fastest population growth rates in the United States, and is the second fastest growing city in the state, yet is considered medically underserved. The Bureau of Health Professions Health Workforce profile for Texas in 2003 revealed a significantly lower ratio of health care professionals in the border region that includes Laredo and Webb County, Texas, as compared to the rest of the state. In 2010, LaredotWebb County remains almost entirely a Health Professions shortage area; it is classified as a severe Medically Underserved Area (MUA) and also a Dental and Nursing underserved area. There are also higher rates of cancer, prematurity, HIV and Sexually Transmitted Diseases, as well as a severe epidemic of obesity and diabetes in the region. Therefore, we face a critical need for a current comprehensive community-based health assessment to analyze, plan and project health care needs and services for the future.
To better project, prepare and address the public health and heath care needs along this Texas-Mexico border, this grant will allow us to conduct a health assessment that will review health care status, public health needs, emerging health care needs and health professions development. Working together with the University of Texas Health Science Center with Dr. Adela Gonzalez and the Area Heath Education Center with Dr. Gladys Keene and various other local partners, city and county officials to produce an accurate, current and prioritized list of community issues accompanied with an action plan. This collaborative process will result in a critical tool that will be used to mobilize local, regional, state and federal resources for implementation strategies.
Resources from this grant will include the creation of one (1) FTE Clerk Ill, R27 Position for the health department who will subcontract in the amount of $161,000.00 for the assessment implementation with the Mid Rio Grande Border Area Health Education Center (AHEC). Other partners for the assessment are The University of Texas Health Science Center at San Antonio (UTHSCSA) Center at San Antonio Center for South Texas Programs and South Texas AHEC, private and public providers and institutions as well city and county officials for the analysis and implementation. This plan will serve as the template for determining the current, emerging, and future needs required to build a strong foundation for a healthy Laredo of the future. BUDGET ON NEXT PAGE FINANCIAL: The City of Laredo Health Department will receive $200,000.00 in funds from the Department of Health and Human Services Centers for Disease Control for the Laredo Health Care Needs Assessment for the term period from September l,2010 through August 3 l,201 1. The revenue account is 226-0000-32 1-620 1 and expenditure division is 226-6 103, with Project No. HENAO 1. RECOMMENDATION: STAFF: Recommends that Council approve the ordinance.
CDC Needs Assessment
BUDGET ORDINANCE
AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2010-2011 ANNUAL BUDGET BY AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE REVENUES AND EXPENDITURES IN THE AMOUNT OF $200,000.00 FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION. THE FUNDS ARE FOR A PARTNERSHIP WITH THE MID RIO GRANDE BORDER AREA HEALTH EDUCATION CENTER (AHEC) WHO WILL RECEIS% $161,000 TO IMPLEMENT THE ASSESSMENT PARTNERENG WITH THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO CENTER FOR SOUTH TEXAS PROGRAMS AND SOUTH TEXAS AHEC, SEVERAL COMMUNITY PARTNERS AND THE CITY OF LAREDO HEALTH DEPARTMENT WHO WILL RECEIVE $39,000 INCLUDING ONE (1) PTE CLERK m. ALONG WITH VARIOUS OTHER LOCAL COMMUNITY PARTNERS, THIS PROJECT WILL CONDUCT A HEALTH CARE NEEDS ASSESSMENT TO PROJECT HEALTH CARE SERVICES, ASSESS INDIGENT CARE, ADDRESS EMERGING HEALTH CARE ISSUES AND NEEDS, HEALTH CARE PROFESSIONS DEVELOPMENT AS WELL AS IMPROVE HEALTH CARE ACCESS. THE PROJECT IS FROM SEPTEMBER 1, 2010 THROUGH AUGUST 31,2011.
WHEREAS, the health care delivery system has not kept up with the explosion in growth this region has experienced. Laredo has one of the fastest population growth rates in the United States, and is the second fastest growing city in the state, yet is considered medically underserved. The Bureau of Health Professions Health Workforce profile for Texas in 2003 revealed a significantly lower ratio of health care professionals in the border region that includes Laredo and Webb County, Texas, as compared to the rest of the state; and
WHEREAS, in 2010, Laredo/Webb County remains almost entirely a Health Professions shortage area; it is classified as a severe Medically Underserved Area (MUA) and also a Dental and Nursing underserved area; and
WHEREAS, there are also higher rates of cancer, prematurity, HIV and Sexually Transmitted Diseases, as well as a severe epidemic of obesity and diabetes in the region. Therefore, we face a critical need for a current comprehensive community-based health assessment to analyze, plan and project health care needs and services for the hture.
WHEREAS, to better project, prepare and address the public health and heath care needs along this Texas-Mexico border, this grant will allow us to conduct a health assessment that will review health care status, public health needs, emerging health care needs and health professions development. Working together with the University of Texas Health Science Center with Dr. Adela Gonzalez and the Area Heath Education Center with Dr. Gladys Keene, we will produce an accurate, current and prioritized list of community issues accompanied with an action plan. This collaborative process will result in a critical tool that will be used to mobilize local, regional, state and federal resources for implementation strategies; and
WHEREAS, Resources from this grant will include the creation of one (I) FTE Clerk ZTI, R27 Position for the health department and will subcontract in the amount of $1 61,000.00 with the Middle Rio Grande Border Area Health Education Center (AHEC) in the amount of $56,000 and The University of Texas Health Science Center at San Antonio (UTHSCSA) Center at San Antonio Center for South Texas Programs and South Texas AHEC in the amount of $105,000 for collaboration, analysis, and assessment implementation.
WHEREAS, this plan will serve as the template for determining the current, emerging, and future needs required to build a strong foundation for a healthy Laredo of the future.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City Manager is hereby authorized to amend the City of Laredo Health Department FY 2010-2011 annual budget by authorizing the City Manager to accept, execute and appropriate revenues and expenditures in the amount of $200,000.00 and adding one (1) FTE Clerk 111, funding is from the Department of Health and Human Services Centers for Disease Control and Prevention for the City of Laredo Health Department in partnership with the Area Health Education Center who from the $200,000 will receive $161,000 to implement the assessment partnering with The University of Texas Health Science Center at San Antonio Center for South Texas Programs and the City of Laredo Health Department who will receive $39,000 along with various other local community partners will conduct a Health Care Needs Assessment to project health care services, indigent care, emerging health care issues and needs, health care professions development as well as improve health care access for the term from September 1,2010 through August 3 1,201 1.
Section 2: The revenue account is 226-0000-323-6201.
Section 3: The expenditure division is 226-6 103, with Project No. HENAO 1.
Section 4: Resources fiom this grant will include the creation of one (1) FTE Clerk 111, R27 Position.
Section 5: The City Manager is hereby authorized to make transfers within the budget as allowable to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
ON THIS DAY OF ,2010.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
By: NATHAN R. BRATTON ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
DATE: SUBJECT: Public Hearing / Introductory Ordinance
Amending the City of Laredo Special Police Programs Fund FY2010/2011 annual budget by authorizing the City manager to amend the Full Time Equivalent Positions 11 /08/20 10 (FTE) by adding (1) Evidence Tech and (I) Network Specialist to the Special Police Program Fund. Total funding for these positions is $71,301 and has been appropriated in the Special Police Program Fund and will be funded through The Edward Byrne Memorial Justice Assistance Grant Program which will be used to pay for the salaries and fringe benefits for these positions.
INITIATED BY: STAFF SOURCE: Carlos R. Villarreal, Carlos R. Maldonado, City Manager Chief of Police
PREVIOUS COUNCIL ACTION: Resolution 2010-R-045 was approved by City Council to submit the grant application to the Department of Justice, Bureau of Justice Assistance Office.
ACTION PROPOSED: That City Council approve this Resolution.
BACKGROUND:
The Edward Byrne Memorial Justice Assistance Grant Program allows state and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. JAG replaces the Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs with a single funding mechanism that will simplify the administration process for grantees.
The grant is a non-competitive grant awarded to the City of Laredo annually and funding will continue to be used to hire these positions. These positions will exist only if grant funds are awarded to the City of Laredo. If the grant fails to be awarded to the City, these two positions will be terminated and the City will have no obligation to continue the employment of these positions.
FINANCIAL IMPACT:
Funding is available in the Special Police Programs Fund 229.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends that City Council approve this Public Hearing as presented. ORDINANCE
Amending the City of Laredo Special Police Programs Fund FY2010/2011 annual budget by authorizing the City manager to amend the Full Time Equivalent Positions (FTE) by adding (1) Evidence Tech and (I) Network Specialist to the Special Police Program Fund.
Total funding for these positions is $71,301 and has been appropriated in the Special A Police Program Fund and will be funded through The Edward Byrne Memorial Justice Assistance Grant Program which will be used to pay for the salaries and fringe benefits for these positions.
WHEREAS, the Office of Justice Programs, Justice Assistance Grant Program, mandates that this grant be divided equally between the City of Laredo and Webb County; and
WHEREAS, the City Council previously adopted the budget for fiscal year 2010-201 1; and
Whereas, the Police Chief recommends that Council authorize the amendment of the budget; and
WHEREAS, The City Manager is authorized to apply for, accept, reject, alter, or terminate this grant on behalf of the City of Laredo; and
WHEREAS, the City of Laredo will add 2 Full Time Equivalent Positions (FTE) by increasing the number of positions in the special police fund 229 by adding (1) Evidence Tech and (1) Network Specialist; and
WHEREAS, the City of Laredo agrees that in the event of loss or misuse of Office of Justice Program Funds, the City of Laredo assures that the funds will be returned to the Department of Justice, Bureau of Justice Assistance Office in full; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTY OF LAREDO THAT:
Section 1: The City of Laredo's Special Police Programs Fund FY2010-2011 annual budget shall be and hereby is amending the Full Time Equivalent Positions (FIE) by adding (I) Evidence Tech and (1) Network Specialist to the Special Police Program Fund. Funding for these positions has been appropriated in the Special Police Program Fund 229 and will be used to pay for the salaries and fringe benefits for these positions. PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2010.
RAUL G. SALINAS, MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. ClTY SECRETARY
APPROVED AS TO FORM: RAUL CASSO IV, ClTY ATTORNEY
ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
DATE: SUBJECT: Public Hearing 1 Introductory Ordinance
Authorizing City Manager to accept, execute and amend the City of Laredo Special Police Programs Fund FY 2010-201 1 annual budget in the amount of $4,369,266.00 to 11 108120 10 fund the Community Oriented Policing Services COPS Grant and to amend the Full Time Equivalent Positions (FTE) by adding twenty-two (22) Police Officer Cadet positions grade 71 to the Special Police Program Fund. Funding for this project is available from the COPS Office and will be used to hire twenty-two (22) new police officer cadet positions and the program will pay 100% of the officer salaries and fringe benefits for the next three (3) years.
INITIATED BY: STAFF SOURCE: Carlos R. Villarreal, Carlos R. Maldonado, City Manager Chief of Police
PREVIOUS COUNCIL ACTION: Resolution 2009-R-034 was approved by City Council on April 6,2009 authorizing the City of Laredo to submit the COPS grant application.
BACKGROUND:
For more that 15 years after the Violent Crime Control and Law Enforcement Act of 1994 was signed into Law, the COPS Office continues to support the efforts of law enforcement agencies across the country as they develop creative and innovative ways to deal with long standing community problems and public safety issues. To date, the COPS Office has funded the addition of nearly 121,500 officers to over 13,600 state, local, and tribal law enforcement agencies to advance community policing in small and large jurisdictions across the nation. Since 1995, the City of Laredo has been awarded funding to hire approximate 155 officers cadet positions bringing the number up to approximately 177 including these 22 positions.
The COPS statutory non supplanting requirement mandates that CHP funds must be used to supplement (increase) state, local, and Bureau Indian Affairs (BJA) funds that would have been dedicated towards sworn officers positions if federal funding had not been awarded. CHP grant funds must not be used to supplant (replace) local funds, that agencies otherwise would have devoted to sworn officer hiring. The hiring or rehiring of officers under CHP must be in addition to, and not in lieu of, officers who otherwise would have been hired or rehired with state, local, or BIA funds.
FINANCIAL IMPACT:
The COPS office is funding 100% of the 22 officer cadet position for the next three years.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends that City Council approve this Public Hearing as presented.
- -- ORDINANCE
Authorizing City Manager to accept, execute and amend the City of Laredo Special Police Programs Fund FY 2010-2011 annual budget in the amount of $4,369,266.00 to fund the Community Oriented Policing Services COPS Grant and to amend the Full Time Equivalent Positions (FTE) by adding twenty-two (22) Police Officer Cadet positions grade 71 to the Special Police Program Fund. Funding for this project is available from the COPS Office and will be used to hire twenty-two (22) new police officer cadet positions and the program will pay 100% of the officer salaries and fringe benefits for the next three (3) years.
WHEREAS, the City Manager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and
WHEREAS, the City Council previously adopted the budget for fiscal year 20 10-2011; and
Whereas, the Police Chief recommends that Council authorize the amendment of the budget; and
WHEREAS, the Community Oriented Policing Services Grant (COPS) office is awarding the City of Laredo $ 4,369,266 for pay 100% of salaries and fringe benefits for 22 newly hired police officer cadets for the next three years; and
WHEREAS, the City of Laredo will add 22 Full Time Equivalent Positions (FTE) by increasing the number of police officer cadet position in the special police fund 229 by 22 police officer cadets; and
WHEREAS, the City of Laredo agrees that in the event of loss or misuse of Federal Funds, the City of Laredo assures that the funds will be returned to the Community Oriented Policing Services COPS office in full; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City of Laredo's Special Police Programs Fund FY2010-2011 annual budget shall be and hereby is amended in the amount of $4,369,266 to fund the Community Oriented Policing Services grant and the City manager to amend, accept, execute and appropriate revenues and expenditures in the amount of $4,369,266 to fund the Community Oriented Policing Services COPS Grant and to amend the Full Time Equivalent Positions (FTE) by adding 22 Police Officer Cadet positions grade 71 to the Special Police Program Fund. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2010.
RAUL G. SALINAS, MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO IVYCITY ATTORNEY
VALERIA ACEVEDO, ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
ORDINANCE: Amending the City of Laredo Municipal Court FY November 8,2010 201 0-201 1 annual budget and FTEYsby authorizing the City Manager to accept, execute and appropriate revenues and expenditures in the amount of $35,638.82 received from Linebarger, Goggan, Blair & Sampson, L.L.P. to offset the expense to the City of Laredo for the creation of one full time assistant court clerk position (salary and benefits) to handle data transfer, additional walk-in traffic, phone inquiries and other tasks associated with the implementation and administration of the contract for professional collection services.
as L. Ochoa, Municipal Court Clerk
Agreement for Professional Collection Services between the City of Laredo and Linebarger, Goggan, Blair & Sampson, L.L.P. for collection on all debts and accounts receivable referred to the
BACKGROUND: The agreement for professional collection services provides for, as per Section 4 Consideration, (c) Additional Compensation to City, that the law fm pay to the City of Laredo the sum of $34,492.85 annually (being salary and benefits) to offset the expense to the City of one full time assistant court clerk to handle additional work created by the implementation of this collection contract. The sum has increased to $3 5,63 8.82 effective October 1,2010, due to the cost of living increase awarded by City Council. These payments shall be made out of Contractor's separate funds and not from any monies that Contractor receives as compensation under this Agreement. These payments shall be due and payable regardless of whether Contractor's collection efforts result in any recovery of the delinquent fines, fees, restitution and accounts receivable or of Contractor's fees.
FINANCIAL: The following appropriations have no financial impact to the City.
Revenues Reimbursements Other 101-0000-3 73 -2050 $35,638.82
Expenditures Personnel & Benefits 101 - 1400-51 1 $35,638.82
RECOMMENDATION: STAFF RECOMMENDATION: Approval and Introduction of Ordinance N/A
ORDINANCE NO.
AMENDING THE CITY OF LAREDO MUNICIPAL COURT FY 2010-2011 ANNUAL BUDGET AND FTE'S BY AUTHORIZING THE CITY MANAGER TO ACCEPT, EXECUTE AND APPROPRIATE REVENUES AND EXPENDITURES IN THE AMOUNT OF $35,63832 RECEIVED FROM LINEBARGER, GOGGAN, BLAIR & SAMPSON, L.L.P. TO OFFSET THE EXPENSE TO THE CITY OF LAREDO FOR THE CREATION OF ONE FULL TIME ASSISTANT COURT CLERK POSITION (SALARY AND BENEFITS) TO HANDLE DATA TRANSFER, ADDITIONAL WALK-IN TRAFFIC, PHONE INQUIlUES AND OTHER TASKS ASSOCIATED WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CONTRACT FOR PROFESSIONAL COLLECTION SERVICES.
WHEREAS, a motion was approved by City Council on June 7,20 10, to approve an Agreement for Professional Collection Services between the City of Laredo and Linebarger, Goggan, Blair & Sampson, L.L.P. for collection on all debts and accounts receivable referred to the law finn by the Municipal Court and;
WHEREAS, the Agreement for Professional Collection Services provides that the law firm pay to the City of Laredo annually the salary and benefits to offset the expense to the City of Laredo of one full time assistant court clerk to handle additional duties associated with the implementation and administration of the agreement and;
WHEREAS, the Agreement for Professional Collection Services between the City of Laredo and Linebarger, Goggan, Blair & Sampson, L.L.P. was signed and executed on the 10~day of June, 2010
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
SECTION 1. Amending the City of Laredo Municipal Court FY 20 10-20 11 annual budget and FTE'S by authorizing the City Manager to accept, execute and appropriate revenues and expenditures in the amount of $35,638.82 received from Linebarger, Goggan, Blair & Sampson, L.L.P. to offset the expense to the City of Laredo for the creation of one full time assistant court clerk position
SECTION 2. The revenue account number is 101-0000-373-2050. Section 3. The expense account number is 10 1-1400-5 11.
SECTION 4. Effective Date
This Ordinance shall become effective upon its signature pursuant to the provisions set forth in Section 2.09 (c) of the City Charter.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF 2010.
RAUL G. SALINAS MAYOR
ATTESTED:
GUSTAVO GUEVARA CITY SECRETARY
APPROVED AS TO FORM: RAW CASSO IV CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute an amendment to the lease with Ronny Salamon d/b/a Avionics Services lntl. approved on November 7, 2005, by Ordinance No. 2005-0-277 for approximately 6,174 square feet constituting Building No. 1338 located at 4015 North Jarvis Avenue at the Laredo International Airport. Said Amendment adds three (3) years to the lease term ending on September 30, 2013 and amending Section 2.02 Lessee's Duty to Repair, to obligate Lessee to make several improvements to the leased premises. All other terms and conditions of the lease remain unchanged and in effect; providing for an effective date.
I INITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager
I PREVIOUS COUNCIL ACTION: On November 7,2005, Ordinance No. 2005-0-277 approved a lease agreement with Avionics Services Intl. for Building No. 1338 located at 4015 North Jarvis Avenue.
BACKGROUND:
Lessor and Lessee agree to amend the lease term by adding three (3) years ending on September 30, 2013 and that lessee be allowed to sublease the leased premises.
Lessee will be responsible for 100% of the maintenance and upkeep of the premises. Premises shall be used for aircraft hangar and avionics services repair station.
Lessee agrees to partially paint the exterior of the hangar to include exhaust fans, repair and paint all exterior doors as well as replace broken glass panes throughout and power wash the building exterior of the leased premises within the first ninety (90) days of this amendment.
All other terms and conditions of this lease remain unchanged and in effect.
Leased premises were appraised September 2010 and the monthly rental was adjusted to reflect the appraised fair market rental value. Previous monthly rental amount was $1,711.39. Current Monthly Rent is $1,855.00.
FINANCIAL IMPACT: Aeronautical Building Rent Revenues Account No. 242-0000-36 1-1 086 Current Monthly Rent: $1,855.00 ($0.32/sq.ft.m0.) COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: On October 28, 2008, the Airport Advisory Approval of this Ordinance. Committee considered this item and recommends approval. ORDINANCE NO. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE WITH RONNY SALAMON D/B/A AVIONICS SERVICES INTL. APPROVED ON NOVEMBER 7, 2005, BY ORDINANCE NO. 2005-0-277 FOR APPROXIMATELY 6,174 SQUARE FEET CONSTITUTING BUILDING NO. 1338 LOCATED AT 4015 NORTH JARVIS AVENUE AT THE LAREDO INTERNATIONAL AIRPORT. SAID AMENDMENT ADDS THREE (3) YEARS TO THE LEASE TERM ENDING ON SEPTEMBER 30, 2013, AND AMENDING SECTION 2.02 LESSEES DUTY TO REPAIR, TO OBLIGATE LESSEE MAKE SEVERAL IMPROVEMENTS TO THE LEASED PREMISES. ALL OTHER TERMS AND CONDITIONS OF THE LEASE REMAIN UNCHANGED AND M EFFECT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Airport Manager recommends that the City Council approve the proposed amended lease between the City of Laredo, as LESSOR, and Avionics Services Intl., as LESSEE, for approximately 6,174 square feet constituting Building No. 1338 located at 4015 North Jarvis Avenue at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;
WHEREAS, the Airport Advisory Committee finds that said amended lease is in the best interest of the Airport and recommends that the City Council approve the proposed lease; and WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Manager and of the Airport Advisory Committee agrees with same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City Manager be hereby authorized to execute a lease amendment with Avionics Services Intl. for approximately 6,174 square feet constituting Building No. 13 38 located at 40 15 North Jarvis Avenue at the Laredo International Airport, a copy of-which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.
Section 2: This Ordinance shall become effective upon passage hereof.
Page 1 of 2 AN ORDINANCE AUTHORIZING A LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND AVIATION SERVICES INTL. (HANGAR NO. 1338)
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF, 2010.
RAUL SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY
Page 2 of 2 NOTE: This agreement is subject to City Council approval, and also constitutes a public document under the Texas Open Records Act, being subject to public inspection at any time hereafter.
STATE OF TEXAS 8
COUNTY OF WEBB 5
LEASE AMENDMENT
This Lease Amendment is made and entered into by and between the City of Laredo, a home rule city hereinafter referred to as "LESSOR and Avionics Services Intl., hereinafter referred to as "LESSEE.
WHEREAS on November 7,2005, Ordinance No. 2005-0-277 authorized a lease agreement between the City of Laredo, as LESSOR and Ronny Salamon d/b/a Avionics Services Intl., as LESSEE, for approximately 6,174 square feet constituting Building No. 1338 located at 401 5 North Jarvis Avenue at the Laredo International Airport.
WHEREAS, LESSOR and LESSEE agree to amend said lease agreement so that LESSEE be allowed to sublease the premises, conditioned upon LESSEE making improvements to the leased premises. The lease is amended by adding three (3) years to the term of the lease agreement, that LESSEE be allowed to sublease the leased premises and that LESSEE make improvements to the leased premises.
WHEREAS, Section No. 1.02, Term, is amended by adding three (3) years to the lease term ending on September 30, 2013; adding Section No. 1.13, Subleasing, allowing LESSEE to sublease the lease premises; and adding the last paragraph to Section 2.02, Lessee's Duty to Repair, as LESSEE agrees to make improvements to the leased premises consisting of painting the front faqade (from floor level to approximately 4 feet high, paint and repair doors and exterior exhaust fans, power wash the complete exterior of the building in order to remove old paint finish and miscellaneous exterior improvements.
This agreement made and entered into by and between the City of Laredo, a municipal corporation (hereinafter called "LESSOR), and Avionics Services Intl. (hereinafter called "LESSEE).
WITNESSETH
WHEREAS, the LESSOR currently owns and operates the land premises known as the Laredo International Airport (hereinafter called "Airport"), located in Laredo, Webb County, Texas, and; LEASE AMENDMENT - AVIONICS SERVICES MTL. (BUILDING NO. 1338)
WHEREAS, the LESSOR deems it advantageous to itself and to its operation of the Airport area to lease to LESSEE certain rights, privileges and uses herein as necessary to conduct its business as hereinafter set forth;
NOW, THEREFORE, LESSOR and LESSEE for and in consideration of the covenants and mutual agreements hereinafter contained, do hereby covenant and agree as follows:
ARTICLE I PREMISES, TERMS, AND PRIVILEGES
DEFINITIONS:
"Laredo International Airport" or "Airport": That certain area administered by LESSOR pursuant to Indenture from the United States of America to the City of Laredo, dated February 21, 1975, and consisting of all the area bounded by Saunders Avenue to the South, McPherson Avenue to the West, Lake Casa Blanca to the East and undeveloped land to the North, and being more particularly described in that certain Deed of Indenture filed in Volume 478 at page 471 of the Deed of Records of Webb County, Texas. "LESSOR: The City of Laredo, by and through its duly constituted agent, the Airport Manager, shall be considered the LESSOR for all purposes of this lease.
"PREMISES": Includes the property and building subject to the lease.
"STRUCTURE" or "STRUCTURAL": Includes, but is not limited to, the foundation, load bearing walls, joists, rafters, load bearing surfaces, water pipes, drainage pipes, and air conditioning ducts.
1.01 LEASED AREA:
The LESSOR does hereby lease approximately 6,174 square feet constituting Building No. 1338 located at 4015 North Jarvis Avenue, Laredo, Webb County, Texas situated on property described as Block No. 1, of the subdivision plat of Laredo Airport according to the map or plat thereof recorded in Volume 5, Page 1, plat records of Webb County, Texas. The property on which the building is situated is more particularly described and depicted on "Exhibit A" attached hereto and incorporated herein, all hereinafter referred to as the leased area, all within the Laredo International Airport, and LESSEE hereby leases the said leased area from LESSOR. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
1.02 TERM:
This lease is to be for a term of &+@ eight years commencing on October 1, 2005, and ending on September 30, 2013. However, it is agreed by the parties that the lease may be terminated by either party upon giving a one hundred and eighty (1 80) day written notice from the party terminating to the other.
RENTAL OBLIGATION:
Subject to annual review for rent escalation pursuant to Section 1.04 herein, LESSEE herein agrees to pay to LESSOR monthly, in advance, the sum of €he ,-.n VV (2!,503.W) One Thousand Eight Hundred Fifty-Five Dollars ($1,855.00) base rent for each month, during the kitid amended term of this lease and any extension thereto.
Monthly rentals shall be paid in advance on or before the first (1'') day of each month, the first of such monthly rental payments (or proportionate part thereof, should the lease be effective on a day other than the first day of the month) being due on the effective date of this lease.
The basic rent and such additional charges as accrued shall be paid by the first (lSt)day of each month without notice, demand, counterclaim, setoff, deduction or defense, and without abatement, suspension, deferment or diminution or reduction by reason thereof, and, except as otherwise provided in this agreement, the obligations and liabilities of the LESSEE shall not be affected by any circumstances or occurrences, including but not limited to:
(a) Any damages to or destruction of the premises or any part thereof; (b) Any restriction or prevention of or interference with any use of the leased property or any part thereof; (c) Any claim LESSEE has or might have against LESSOR; (d) Notice of termination of leasehold, whether by LESSOR or LESSEE. RENTAL ESCALATION:
Without waiving other rental escalation provisions in this contract, monthly rentals shall be adjusted annually during the primary and extension periods by an amount which is equivalent to the percent change in the Consumer Price Index (CPI) from the preceding calendar year's average, specifically defined as the Consumer Price Index (U. S. Average, All Urban Consumers, All Items) 1982-84 = 100 Base as compiled by the Bureau of Labor Statistics. This means that at the anniversary date of October 1, 2006, and annually thereafter, the rent will be adjusted according to the percent change in the CPI as that date from that of the preceding calendar year (January-December) Example: 1. First Anniversary: Base rent x CPI = adjustment + base rent = rent for second year. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
2. Second Anniversary: Second year's rent x CPI = adjustment + second year's rent = rent for third year.. . etc., annually until lease expiration or any extension thereto. 1.05 DEPOSIT:
In addition to the initial rental payment called for in paragraph 1.03, LESSEE shall deposit with LESSOR the sum of the amount equivalent to the first month's rent. The deposit held by LESSOR shall always be equivalent to the current rental required hereunder. The deposit shall be retained by LESSOR during the lease term or any extension hereto, and, upon termination of the lease, shall be returned to LESSEE less and except, and this will serve to authorize LESSOR'S withholding from such deposit, any monies then due and owing to the LESSOR by LESSEE under the terms of this lease, including but not limited to any costs of restoring the premises to the condition called for under the terms hereof, as well as any other indebtedness caused, or charges owing by LESSEE to LESSOR, reasonable wear and tear excepted.
1.06 UTILITIES:
LESSEE shall provide and pay or cause to be paid all charges for water, heat, gas, electricity, sewers, and any and all other utilities used on the premises throughout the term of this lease, including any connection fees.
1.07 TAXES:
LESSEE agrees to pay and discharge promptly, before delinquency, any and all taxes, impositions and government charges of any kind whatsoever that may be lawfully assessed against the LESSEE or the LESSOR, with respect to the leased premises or any improvement, personal property, tools, equipment, furniture, fixtures or inventory thereon, during the term of this Lease including any extensions or option periods granted thereto and LESSEE agrees to pay for all the costs and expenses of contesting any such taxes. The LESSEE in good faith may contest any tax or governmental charge by means provided by law; provided that the LESSEE may not permit such tax or governmental charge to remain unpaid during the period of such contest and any appeal therefrom unless, in the opinion of counsel satisfactory to LESSOR, such action will not adversely affect any right or interest of the LESSOR.
1.08 USE AND USE CONFLICT:
The leased area is to be used and occupied solely for the purpose of aircraft hangar and avionics services use and no other use of the leased area is permitted. The leased premises may be sublet for aviation related purposes so long as prior approval by LESSOR is obtained. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
This lease or any interest therein shall not be assigned, hypothecated or mortgaged by LESSEE, and any attempted assignment, hypothecation or mortgaging of this lease shall be of no force or effect, and shall confer no rights upon any assignee, sublessee, mortgagee or pledgee, but shall constitute a material breach of this contract.
In the event that LESSEE shall become incompetent, bankrupt or insolvent, or be dissolved, or should a guardian trustee or receiver be appointed to administer LESSEE'S business or affairs, neither this lease nor any interest herein shall become an asset of the guardian, trustee or receiver, and this lease shall immediately terminate and end.
1.09 LATE CHARGE:
Should LESSEE fail to pay when due any installment of rental, or any other sum payable to the LESSOR under the terms of this Lease, then interest at the maximum legal rate then payable by LESSEE in the State of Texas shall accrue from and after the date on which any such sum shall be due and payable, and such interest shall be paid by LESSEE to LESSOR at the time of payment of the sum upon which such interest shall have accrued and acceptance of such late payment and late fee shall not be a waiver of any of the provisions or rights provided by this contract.
1.10 NET LEASE:
Notwithstanding any expenditures related to the acts or omissions of LESSOR, or LESSOR'S agents, employees, licensees, contractors, or invitees, LESSOR shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises. The parties agree that this is a net Lease intended to assure LESSOR the rent served on an absolute net basis. In addition to the rent served above, LESSEE shall pay to the parties entitled thereto all taxes, assessments, insurance premiums, maintenance charges, and any other charges, costs and expenses against the Premises which may be contemplated under any provisions of this Lease.
1.1 1 LESSOR'S WARRANTY OF QUIET ENJOYMENT:
The LESSOR covenants that as long as LESSEE is not in default of any provision of this Agreement, LESSEE shall and may peaceably and quietly have, hold and enjoy the leased premises exclusively to it during the term hereof unless sooner terminated as provided in this Agreement.
1.12 WARRANTY OF TITLE:
LESSOR hereby represents and warrants that it is the owner in fee simple absolute of the leased premises, subject to any covenants, conditions, restrictions, easements, and other matters of record. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
ARTICLE I1
INDEMNITY, REPAIRS, ALTERATIONS AND INSURANCE
2.01 INDEMNITY AND NONCLAIM:
LESSEE hereby declares itself fully familiar with the physical condition of the leased premises and the improvements, fixtures and equipment leased herein, and declares that said premises were in good condition when possession of same was accepted and that there were no latent defects in the facilities as those facilities are deemed vital to the use of the premises for their intended commercial purpose.
LESSEE for itself, its agents, employees, servants, successors and assigns promises to hold harmless and indemnify LESSOR from and against any and all claims by or on behalf of any person, whether legal or equitable, including governmental bodies, arising from the conduct or management of or from any work or thing done and from any conditions of the leased buildings or other structures, sidewalks, driveways, or parking areas and facilities on the leased premises or any street, curb, or sidewalk adjoining thereon, and from all costs, attorney's fees, witness fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; except any and all actions or proceedings arising out of the sole negligence or willful act of LESSOR, its employees, agents, or representatives from which LESSOR shall indemnify and hold LESSEE harmless; and in the event that any action or proceeding brought against the LESSOR by reason of such claim, the LESSEE upon notice from the LESSOR covenants to resist and defend such actions or proceedings.
LESSEE agrees for itself, its agents, servants, employees, invitees, successors and assigns that it will not bring suit against the LESSOR or assign any cause of action resulting from accident, fire, noise, or disturbance from the operation, maintenance, accident, crash, or crash landing of any airplane in the Laredo International Airport area or in the vicinity of the Laredo International Airport, or during any operation of aircraft over the premises, except any such cause of action arising out of the negligence or willful act of LESSOR, its employees, agents, or representatives.
LESSEE also holds LESSOR blameless for any damage to or destruction of LESSEE'S property located on leased premises, including that caused by natural occurrence, or any other cause whatsoever, unless caused by LESSOR'S employees, agents, or representatives, while said employees, agents or representatives are acting in the course or scope of their duties for the LESSOR. LEASE AMENDMENT- AVIONICS SERVICES INTL, (BUILDING NO. 1338)
2.02 LESSEE'S DUTY TO REPAIR:
LESSEE shall, throughout the term of this lease, take good care of the leased area and the fixtures and appurtenances therein and at its sole cost and expense make all repairs, whereby structural or non-structural, thereto as and when needed to preserve them in good working order and condition. In this regard, LESSEE is responsible for the maintenance and repair at LESSEE'S sole cost and expense of all windows, doors, plumbing, electrical, light fixtures, plumbing fixtures, air conditioning system, painting of interior and exterior walls when needed, floor covering and other non-structural repairs. As well as structural repairs including the roof, walls, whether interior or exterior, foundation and any other structural component of the building. Necessary modifications to the demised premises to comply with the Americans with Disabilities Act will be the responsibility of the LESSEE.
Damage or injury to the premises, fixtures, appurtenances whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of LESSEE, its servants, employees, or licensees, shall be repaired promptly by LESSEE at LESSEE'S sole cost and expense, to the satisfaction of LESSOR.
LESSEE agrees to make improvements to the leased premises consisting of painting the front facade (from floor level to approximately 4 feet high), paint and repair doors and exterior exhaust fans, power wash the complete exterior of the building in order to remove old paint finish and miscellaneous exterior improvements.
2.03 ALTERATIONS:
LESSEE is granted the right to make alterations to the leased area other than structural alterations or repairs at LESSEE'S sole cost and expense subject to the following terms and conditions.
(a) LESSEE must first obtain the written consent of LESSOR. LESSOR reserves the right to reject any proposed extension, repair or alteration, any particular contractor or each and every subcontractor, or the complete project.
(b) Ultimate title to an alteration properly consented to by LESSOR will rest with LESSOR immediately upon completion and will remain in LESSOR'S possession at termination of LESSEE'S tenancy.
(c) Trade fixtures, movable furniture, and other service equipment of LESSEE peculiar to LESSEE'S business are not to be included in alterations, and must be removed by LESSEE, upon termination of lease, provided LESSEE is not in default of lease obligations. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
LESSOR reserves the right to demand that LESSEE restore the premises to reasonably the same condition and state as the premises were found prior to making such alterations, in a manner acceptable to LESSOR, and to demand that LESSEE pay all costs of such restoration upon termination of lease.
LESSEE further agrees that any damages as may be caused by the installation or removal of trade fixtures discussed in condition (c), will bind LESSEE to repair said damage expeditiously at LESSEE'S sole expense upon written notice by LESSOR.
LESSOR maintains and reserves the right to make alterations and remodeling changes, provided said work does not unduly or unreasonably interfere with LESSEE'S day-to-day operations and business.
2.04 INSURANCE:
(a) Fire and Extended Coverage Insurance: The leased area is covered under the LESSOR'S Master Insurance Coverage. Premiums are paid by the LESSOR for its sole benefit and protection.
(b) Contents: Insurance on the contents of the leased area is the sole responsibility of the LESSEE.
(c) Public Liability Insurance: LESSEE agrees to indemnify and hold LESSOR harmless from any and all claims, damages, causes of action, cost and expense, including attorney's fees resulting from or related to LESSEE'S use and occupancy of the leased premises, except any such claims, damages, causes of action, costs and expenses arising out of the negligence or willful act of LESSOR, its employees, agents, or representatives from and against which LESSOR shall indemnify and hold LESSEE harmless. In this connection, LESSEE shall carry and maintain Public Liability Insurance in minimum amounts of Five Hundred Thousand Dollars ($500,000.00) per incident, and One Hundred Thousand Dollars ($100,000.00) property damage per incident, in which LESSOR shall be named as additional insured. Such policies shall provide that same shall not be cancelled without thirty (30) days prior written notice to LESSOR, and LESSOR shall be furnished, within thirty (30) days from the effective date of this lease, with a copy of such proof of insurance. However, LESSEE shall maintain Public Liability Insurance at all times throughout the term of this lease. LESSOR reserves the right to make its acceptance of an insurance company a condition of this lease such that disapproval or revocation of approval thereof shall authorize LESSOR to terminate the lease. LEASE AMENDMENT - AVIONICS SERVICES MTL. (BUILDING NO. 1338)
ARTICLE I11 DEFAULT, HOLDING OVER AND ABANDONMENT
LESSEE'S DEFAULT:
It is covenanted and agreed to by both parties that in the event that:
(1) LESSEE should fail to timely pay the full amount of rent and fees provided for herein; or
(2) LESSEE defaults in the performance of any of the covenants, conditions, or agreements provided for herein to be kept and performed by LESSEE, including, but not limited to, the provisions for carrying Public Liability Insurance; or
(3) LESSEE permits the leased premises to be used for any unauthorized or unlawful business or purpose; or
(4) LESSEE assigns or subleases or otherwise transfers this lease; or
(5) LESSEE files a voluntary petition of bankruptcy to make a general assignment for the benefit of creditors; or
(6) LESSEE abandons the premises or leaves the premises vacant or unoccupied for thirty (30) consecutive days;
Then, and in any event, the LESSOR may, at its option and without waiving any other rights that LESSOR has under this contract, at any time after such default, give notice of this specific default or failure of performance and demand immediate correction of such default or failure of performance by the LESSEE. In the event that LESSEE fails to remedy the default or to correct the failure of performance within thirty (30) days after service of such written notice, the LESSOR shall have the right to:
(a) Terminate the lease and re-enter the leased premises and remove all persons and any all personal property therefrom and LESSEE hereby agrees to surrender the premises to LESSOR, without waiving LESSOR'S right to past and future rents due hereunder. In such event, LESSOR may re-let the premises to other prospective LESSEES for the remainder of the term of this lease, and LESSEE shall be liable for any loss to LESSOR incurred in such re-letting for the terms of this lease, including but not limited to, rent, attorney's fees, if any; andlor
(b) Remedy the default and deduct the expenses incurred in remedying such default from the security deposit held by LESSOR pursuant to the terms of this lease.
Notwithstanding any provision as to notice in this lease contained, if in the LESSOR'S reasonable judgment the continuation of any default by the LESSEE for the full period of the notice otherwise provided for herein will jeopardize the leased area or LEASE AMENDMENT- AVIONICS SERVICES INTL. (BUILDING NO. 1338) the rights of LESSOR, the LESSOR may, without notice, elect to perform those acts in respect to which LESSEE is in default, at LESSEE'S sole cost and expense, and LESSEE shall thereupon reimburse the LESSOR within ten (10) days of written request by LESSOR to LESSEE for such reimbursement. Failure of the LESSEE to reimburse in these circumstances shall mean that the LESSOR has the immediate right to terminate this lease.
3.02 RIGHTS ON DEFAULT:
LESSOR shall have a statutory LESSOR'S lien on all merchandise, goods, chattels, implements, fixtures, tools, furniture, machinery and any other personal property which LESSEE now or at any time hereafter may place in or upon the premises, all exemption of said property, or any part of it being herein expressly waived by the LESSEE.
LESSOR IS HEREBY GRANTED AN EXPRESS CONTRACTUAL LESSOR'S LIEN ON THE ABOVE GOODS, ALL OR ANY EXEMPTION BEING HEREBY WAIVED BY LESSEE, BUT WITHOUT LIMITING LESSEE'S RIGHT TO SELL, EXCHANGE OR REPLACE SUCH GOODS FROM TIME TO TIME IN THE ORDER OR COURSE OF BUSINESS OR TRADE.
Default on rent entitles LESSOR, at its option, to take whatever lawful action reasonably necessary to protect LESSOR'S interest in said property, including the storing of liened goods for payment for a reasonable time, as well as the selling of such goods at public or private auction for rent due, without waiving LESSOR'S right to the total rent due.
3.03 ATTORNEY'S FEES:
In case LESSEE defaults in the performance of any of the terms, covenants, agreements or conditions contained in this lease and LESSOR places the enforcement of the terms of this lease, or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery or possession of leased premises, in the hands of an attorney, or files suit upon same, LESSEE agrees to pay LESSOR reasonable attorney's fees and payment of same shall be secured in a like manner as herein provided as to lien for rent due.
3.04 HOLDING OVER:
Staying over past the term of this lease will constitute the LESSEE, upon acceptance of rental payment by LESSOR, a month-to-month tenant, at a revised rental rate of one and one half (1.5) times the rate prior to holding over. All CPI rental adjustments occurring during such hold over tenancy shall be in effect based on the revised rental rate. LEASE AMENDMENT - AVIONlCS SERVICES INTL. (BUILDING NO. 1338)
3.05 ABANDONMENT:
If the leased area is abandoned or vacated by LESSEE, for a period exceeding thirty (30) calendar days, LESSOR shall advertise and re-let the premises for the remainder of the term of this lease. Notwithstanding any other provision herein, if rent received including charges, does not equal rent and charges agreed to herein by LESSEE, LESSEE shall remain liable and herein agrees to pay and satisfy all deficiencies and all reasonable expenses incurred in reletting and repair of any damages.
3.06 LESSOR'S REPRESENTATION AND WAIVER:
Any representations by LESSOR regarding LESSEE'S leasehold interest are embodied in this writing.
The waiver by LESSOR to LESSEE of performance of any provision of this agreement shall not amount to a future waiver of strict performance of such provision or any other provision of this agreement. Any waiver of this lease agreement shall be in writing and approved by the LESSOR.
3.07 ANTI-DISCRIMINATION CLAUSES MANDATED BY FEDERAL GOVERNMENT:
(a) TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: The LESSEE for itself, its agents, servants, employees, successors and assigns, as a part of the consideration hereof, does hereby covenant and agrees to a covenant running with land that:
1. No person on the grounds of race, color or national origin shall be excluded from participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities;
2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination;
3. That the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended;
4. That in the event of breach of any of the preceding nondiscrimination covenants, LESSOR shall have the right to take such action, anything to the contrary herein notwithstanding as the United States may direct to enforce this nondiscrimination covenant. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
(b) That the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
(c) That in the event of breach of any of the preceding nondiscrimination covenants, the LESSOR shall have the right to terminate the license, lease, permit, etc., and hold the same as if said lease had never been made and issued.
ARTICLE IV MISCELLANEOUS
4.0 1 NON-EXCLUSIVE USE:
It is understood that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right unless specifically identified herein.
4.02 TRAILERS, ABANDONED VEHICLES EXPRESSLY PROHIBITED:
Towed vehicles, or motor vehicles not currently licensed and actively used are not to be permitted onto the premises or any common parking area within the Laredo International Airport. Under this provision, vehicles, RV trailers, travel homes, and mobile homes, wrecked or abandoned vehicles, must be removed at LESSEE'S expense, and failure to do so will constitute a breach of this lease.
4.03 CAPTIONS:
Articles and headings are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision hereof, nor are they meant to bind the LESSOR or LESSEE to the meaning of such heading.
4.04 CONSTRUED PURSUANT TO TEXAS LAW:
This agreement shall be construed under and in accordance with the laws of the State of Texas, and performed in Webb County, Texas.
4.05 RE-ENTRY:
No re-entry, repossession, operations, or reletting of the premises or of fixtures and equipment shall be construed as an election by LESSOR to terminate this lease unless a written notice of such intention to terminate is given by LESSOR to LESSEE and notwithstanding any such operation or reletting without terminating this lease, LESSOR may at any time thereafter elect to terminate this lease. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
4.06 NON-EXCLUSIVE USE OF PARKING AREA:
LESSEE, its employees, agents, clients, and guests shall have reasonable use of designated parking areas immediately adjacent to the leased premises and within the Laredo International Airport, subject to the rights of LESSOR to change such designation and to impose reasonable rules and regulations for such areas.
4.07 BINDING AGREEMENT:
Subject to the provisions herein, all agreements, terms, obligations, covenants, and conditions of this lease shall be binding upon and inure to the benefit of the parties hereto and their respective employees, agents, servants, legal representatives, successors, and assigns unless otherwise prohibited or otherwise noted in this instrument.
4.08 NOTICES:
Any notices which are required hereunder, or which either LESSOR or LESSEE may desire to serve upon the other shall be in writing and shall be deemed served when deposited in the United States mail, postage prepaid, return receipt requested, addressed to LESSEE as follows: Avionics Services Intl. 1875 Airport Loop Road Kerrville, Texas 78028 and to LESSOR: Office of the Airport Manager Laredo International Airport 5210 Bob Bullock Loop Laredo, Texas 78041
4.09 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS:
Further, LESSEE, will keep and maintain the leased area in a clean and healthful condition and comply with the laws, ordinances, orders, rules and regulations (State, Federal, Municipal and other agencies or bodies having any jurisdiction hereof) with reference to use, conditions, or occupancy of the leased area.
4.10 OUTSIDE STORAGE PROHIBITED:
Storage of vehicles, equipment, supplies, or any other items outside of the leased building(s) is prohibited, unless the storage area is fenced and approved by the LESSOR. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
4.1 1 FIRE CLAUSE:
Should the leased area be destroyed by fire or casualty to the extent that it is no longer reasonably appropriate for LESSEE'S use and occupancy of said premises, LESSEE shall have the option of canceling this lease upon written notice to LESSOR within thirty (30) days of the date the premises are rendered untenantable or restoring said leased area in a reasonable, sufficient, and timely manner at LESSEE'S sole cost and expense, in which case this lease shall continue in accordance with all of its terms and conditions. Failure of LESSEE to give notice of cancellation within said thirty (30) day period shall mean that the LESSEE exercises its option to continue the lease in force and effect. Rental during the period that the premises are being restored hereunder shall be abated.
4.12 AREA SURROUNDING BUILDING:
In addition to LESSEE'S obligations to maintain the building herein leased, LESSEE agrees to maintain in a safe, clean, well-kept and orderly condition the immediate area surrounding said building, to include the right-of-way areas. It is agreed in this connection that the LESSEE shall keep said area free from litter or other unsightly trash, or refuse, will keep the grass cut, the weeds controlled, will water the lawn and trees when needed and will maintain the outside of the building and said area in a neat and orderly fashion.
LESSOR reserves the right to maintain or have maintained the building(s) and/or grounds associated with the lease agreement for environmental and/or public health reasons. LESSEE agrees to promptly reimburse LESSOR for all expenses incurred in the maintenance of building(s) and/or grounds, within ten (10) days of receipt of statement. Failure to do so will constitute breach of contract and LESSEE will be in default of the lease agreement.
4.13 GARBAGE STORAGE AND DISPOSAL:
LESSEE agrees to store all accumulated garbage in a neat and clean manner, as an essential element of its responsibilities for neatness of the premises, LESSEE herein also agrees that garbage carrying and disposal is its sole responsibility, and agrees to comply with all rules and ordinances of the City and State regarding its storage and disposal.
4.14 IMPROVEMENTS VESTED IN LESSOR:
The parties agree that the obligation and promise of LESSEE, as expressed herein, to make repairs and improvements and maintain the leased premises is a part of the total consideration for this lease agreement. Therefore, all right, title, and interest in and to said repairs or improvements shall at all times herein be vested in LESSOR, subject only to the right of LESSEE to the use and possession of said building and improvements during this lease term plus any extensions hereof as provided in said lease so long as LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
LESSEE is not in default or any of the terms of this agreement. It shall be the obligation of LESSEE to maintain and repair the said leased area and improvements during the term of this lease or any extension thereof. Upon termination, interest in and to the said repairs or improvements shall remain vested in LESSOR, and LESSEE shall not have any further rights therein nor be entitled to any reimbursement by reason of LESSEE'S maintenance, improvements, repair or use of said leased area.
4.15 SUBORDINATION OF LEASE:
This lease shall be subordinated to the provisions of any existing or future agreement between LESSOR and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal Funds for the development of the Airport.
It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolutions and actions of the City of Laredo, Texas, constituting agreements between the City and United States of America and its agents including but not limited, to the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the LESSOR shall not be liable to LESSEE on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be a variance with same, such provision is unilaterally reformable at LESSOR'S option.
The parties agree that as of the date of execution of this contract there exists no provisions, stipulations, covenants, or agreements which would prohibit LESSEE from using the leased premises for the purpose set forth in Paragraph 1.08, entitled "Use and Use Conflict" in this agreement.
NATIONAL EMERGENCY:
During the time of war and national emergency, LESSOR shall have the right to lease the landing area or any part thereof to the United States Government or military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of such lease to the Government, shall be suspended. LEASE AMENDMENT- AVIONICS SERVICES INTL. (BUILDING NO. 1338)
4.17 AIRPORT HAZARD:
The LESSEE and its agents, servants, employees, successors and assigns, will not make or permit any use of the property which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. This includes such items as electrical or electronic equipment, creation of smoke or dust or glaring or misleading lights.
4.18 NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:
The LESSEE and its successors and assigns will complete an FAA Form 7460-1, "Notice of Proposed Construction or Alteration", and receive a favorable determination from FAA prior to any construction on the property.
4.19 AERIAL APPROACHES:
LESSOR reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the LESSOR, would limit the usefulness of the Airport or constitute a hazard to aircraft.
4.20 SUBSTANTIAL IMPROVEMENTS OR DEMOLITION BY LESSOR:
If LESSOR contemplates making substantial improvements or demolishing the demised premises LESSOR retains the right to exercise its sole discretion in this regard. If LESSOR makes substantial improvements to the demised premises, LESSEE has the option to terminate the lease agreement by giving the required notice or continuing with the lease agreement provided that the rent obligation shall be amended to what the fair market appraised rental is determined to be by LESSOR'S appraiser after improvements to the demised premises are partially or fully complete. Building is leased as is and there is no expressed or implied warranty on the condition or suitability of the building.
If LESSOR demolishes building, this contract will be void and no further obligation will exist between LESSEE and LESSOR.
4.2 1 TIME OF ESSENCE:
Time is of the essence in this agreement.
4.22 PREMISES LEASED "AS IS":
Premises are leased AS IS and there is no expressed or implied warranty on the condition or suitability of the building. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
4.23 PROVISIONS:
Any provision in this Lease which proves to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and the remainder of this Lease shall remain in fbll force and effect.
AIRPORT SECURITY
LESSEE covenants and agrees that it will at all times maintain the integrity of the Airport Security Plan and TSR Part 1542, as amended from time to time.
LESSEE shall provide for the security of the air operations to prevent ground entry to movement of unauthorized persons from or through the leased premises in accordance with any regulations imposed upon LESSOR by the Transportation Security Administration. LESSEE will indemnify and hold harmless LESSOR, its officers and employees, from any charges, fines, or penalties that may be levied by any agency of the United States or the State of Texas by reason of LESSEE'S failure to comply with this requirement.
LESSEE shall, at its own expense, provide reasonable security for the buildings and other improvements now existing or hereafter erected or installed on the leased premises subject to the approval of the Airport Manager. LESSEE shall be entitled to the same degree of LESSOR provided security as is available to all other tenants of the Airport.
4.25 AGREEMENT:
This Agreement consists of Article I through IV and Exhibit A. It constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by the LESSOR and LESSEE. LESSEE agrees that no representations or grant of rights or privileges shall be binding upon the LESSOR unless expressed in writing in this Agreement. LEASE AMENDMENT - AVIONICS SERVICES INTL. (BUILDING NO. 1338)
EXECUTED ON THIS DAY OF ,2010.
CITY OF LAREDO a municipal corporation
By: CARLOS VILLARREAL CITY MANAGER
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY AVIONICS SERVICES INTL.
BY: RONNY SALAMON OWNER COUNCIL COMMUNICATION
DATE: SUBJECT: INTRODUCTORY ORDINANCE AUTHORIZING THE CITY MANAGER TO GRANT A RIGHT-OF-ENTRY TO 11/08/10 UNITED STATES OF AMERICA FOR A 24 MONTH PERIOD ON CITY OWNED PROPERTY LOCATED ALONGSIDE THE RIO GRANDE AND DIRECTLY UNDER INTERNATIONAL BRIDGE 1 (AS DEPICTED IN THE ATTACHED SURVEY EXHIBIT "A"). TO ALLOW ACCESS TO THE SITE, ALLOW THE INSTALLATION OF A TEMPORARY COFFERDAM, INSTALL A PERMANENT SURFACE, ASSOCIATED PARKING AREA, INSTALL LIGHTS AT THE PARKING AREA AND IMPROVE THE BOAT RAMP.
INITIATED BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Ronnie Acosta, CD Director
PREVIOUS COUNCIL ACTION: None.
BACKGROUND:
The United States of America has requested the City of Laredo grant them a (24) twenty-four month Right-of- Entry for a 29,439 square foot area along the Rio Grande and directly underneath Bridge 1 as depicted in the survey Exhibit "A". The Right of Entry is being requested to provide access to the Corp of Engineers for the construction of a cofferdam and other erosion control measures along the river prior to the planned improvements of the Boat Ramp facility.
A preliminary survey of the property area has been provided. Right of Entry and subsequent easement documents will not be executed until a final signed and sealed survey is submitted.
Anticipated project inception is December 201 0 with completion scheduled for March 201 1.
FINANCIAL:
No Financial impact.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: INTRODUCTORY ORDINANCE
AUTHORIZING THE CITY MANAGER TO GRANT A RIGHT-OF-ENTRY TO UNITED STATES OF AMERICA FOR A 24 MONTH PERIOD ON CITY OWNED PROPERTY LOCATED ALONGSIDE THE RIO GRANDE AND DIRECTLY UNDER INTERNATIONAL BRIDGE 1 (AS DEPICTED IN THE ATTACHED SURVEY EXHIBIT "A"). TO ALLOW ACCESS TO THE SITE, ALLOW THE INSTALLATION OF A TEMPORARY COFFERDAM, INSTALL A PERMANENT SURFACE, ASSOCIATED PARKING AREA, INSTALL LIGHTS AT THE PARKING AREA AND IMPROVE THE BOAT RAMP.
WHEREAS, the United States of America, U.S. Border Patrol wishes to construct a Boat Ramp facility with shared use on City property depicted in survey Exhibit "A", and
WHEREAS, this project proposes the implementation of erosion control measures along the river prior to facility improvements, and
WHEREAS, for this purpose the U.S. Border Patrol requests a 24 month Right-of -Entry over city property for access to the proposed project site, and
WHEREAS, the City Council finds that is in the public's interest to grant the Right-of Entry to the United States of America, U.S. Border Patrol for the area further described in the attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1. It hereby authorizes the City Manager to grant a Right-of -Entry to the United States of America, US. Border Patrol on a 29,439 square foot area of City owned property located along the river and directly underneath Bridge 1 for a period of 24 months.
Section 2. This ordinance shall become effective upon the passage thereof. PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. ClTY SECRETARY
APPROVED AS TO FORM: RAUL CASSO ClTY ATTORNEY
BY: NATHAN BRATTON ASSISTANT ClTY ATTORNEY DEPARTMENT OF HOMELAND SECURITY RIGHT-OF-ENTRY FOR CONSTRUCTION AND ACCESS
Laredo Sector Riverbend Boat Ramp Proiect Laredo Bridge # 1 (Project, Installation, or Activity) (Tract Number or Other Property Identification)
The undersigned, CINOF LAREDO, TEXAS, hereinafter called the "Owner," for good and valuable consideration, hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government," a right-of-entry upon the lands described in Exhibit A, attached hereto, in accordance with the following terms and conditions:
1. The Owner hereby grants to the Government, its employees, agents and contractors, an irrevocable right to enter upon the lands hereinafter described, at any time within a period of twenty-four (24) months from the date of this instrument, in order to improve the existing boat ramp on Owner's land under the International Port of Entry Bridge #I,install a permanent surface thereon as well as on the associated parking area, install lights at the parking area, and use these facilities to access the Rio Grande River. The work to be performed by the Government, its employees, agents and contractors will include use of equipment to install a temporary cofferdam, sheet metal pilings driven to the surface grade of the ramp, placement of articulating mat on the ramp and concrete paving on the parking area, and installation of light poles to be connected to the local utility service. Owner also grants the right of ingress and egress on other lands of Owner not described herein, provided such ingress and egress is necessary to access the above-described facilities, and is not otherwise conveniently available to the Government. The purpose of this undertaking is to allow Government personnel and vessels more rapid access, and in a wider range of weather conditions, to the Rio Grande River in order to reduce illegal cross border activity and to facilitate rescue operations. Owner's employees, municipal vehicles and vessels will continue to use the boat ramp and associated parking area for official municipal purposes. This term of months is being sought to allow for schedule fluctuation as national security priorities shift with unexpected events.
2. Notices will be given to the Owner, or the Owner's representative, prior to field activities if the following information has been completed (please print or type clearly):
Mr. Carlos R. Villarreal City Manager, City of Laredo I100 Houston Street Laredo Texas 78040 (956) 791-7302 FAX: (956) 791-7498 For Notice to the Government:
Assistant Chief Patrol Agent Mario Martinez U.S. Border Patrol 207 West Del Mar Blvd. Laredo, Texas 78041 (956) 764-3200
Vanesa I. Agosto U.S. Army Corps of Engineers CESW-RE-I (Agosto) 8 19 Taylor Street Rm. 2B03 Fort Worth, TX 76102 8 17-338-8674
3. The Owner agrees to notify any and all tenants, lessees, caretakers or other interested parties of the grants hereby permitted to the Government under the terms of this agreement.
4. All tools, equipment, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government or its contractors at any time within a reasonable period after the expiration of this right-of-entry.
5. If the Government does not acquire title or other necessary interest in said land prior to the expiration of this right-of-entry, or other renewal thereof, the parties agree that, if any action of the Government's employees or agents in the exercise of this right-of-entry results in damage to the real property, the Government will, at its option, either repair such damage or make an appropriate settlement with the Owner. In no event shall such repair or settlement exceed the fair market value of the fee interest of the real property at the time immediately preceding such damage. The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any other damages than provided herein.
6. This Right-of-Entry is made expressly subject and subordinate to the continuing right of the City of Laredo, its successors, assigns, lessees, grantees, and licensees, to construct, install, establish, maintain, use, operate and renew any public utilities or facilities, franchised public utilities, roads or streets, on, beneath or above the surface of the property described herein, provided, however, that City of Laredo shall endeavor to ensure that such do not interfere with or destroy Licensee's use of the property, But, in any case of an officially declared emergency, damage to or destruction of the improvements made to the property shall not be made the responsibility of the City of Laredo, its agents, contractors, officers or employees.
7. Nothing in this Right-of-Entry agreement shall be construed to limit, in any way, the power of the City of Laredo to widen, alter, or improve the property subject to this Right-of-Entry, pursuant to official action by the governing body of the City of Laredo, or its successors however, that City of Laredo shall endeavor to ensure that such do not interfere with or destroy Government's use of the property.
8. Notwithstanding any provision of this Right-of-Entry agreement to the contrary, the City of Laredo retains the right to enter upon the property, at any time and without notice to the United States of America, and assuming no obligation to United States of America, to remove any of the improvements or alterations thereof, whenever such removal is deemed necessary by City of Laredo for (a) protecting persons or property of; or (b) the public health or safety with respect to the property set forth herein however, that City of Laredo shall endeavor to ensure that such do not interfere with or destroy Government's use of the property.
9. The land affected by this right-of-entry is located in the County of Webb , State of Texas , and is described as follows: Approximately 0.68 acres of land lying in the Western District of the City of Laredo, Webb County, Texas.
The undersigned hereby warrants that by their signature, they are the Owner(s) of said land and/or that they have the legal authority to grant a right-of-entry subject to the aforementioned terms and conditions.
WITNESS MY HAND this day of ,20
CITY OF LAREDO
By: Carlos Villarreal City Manager
THE UNITED STATES OF AMERICA
By: Loren Flossman Director, Border Patrol Facilities and Tactical Infrastructure Program Management Office Office of Administration U.S. Customs and Border Protection Department of Homeland Security GRAPHIC SCALE
0 30 80 120
( IN FEET ) 1 inch = 60 ft.
------PURPOSE OF SURVEY: Easement Acquisition
PREPARED FOR: MICHAEL BAKER JR.. INC 2720 Airport Drive Suite 100 Columbus. OH 43219 (61 4) 418-1748
UNITED STATES OF AMERICA Part of Petition in Condemnation No. 17, recorded in Webb County Deed Records in Vol. 158, Pages 501-503, as defined on ALTA/ACSM Land Title Survey by Sherfey Engineering Company dated 02/07/07.
VOL. 13, PG. 279 LINE TABLE COURSE DIST. S66'01'03"W 51 .OO' S55'26'33"W 45.14' L3 S56'18'35"W 17.48'
EDGE OF WATER
THE STATE OF TEXAS: NOTES:
BEARINGS. DISTANCES. AND AREAS SHOW HEREON I, JOSH FORSMAN, DO HEREBY CERTIFY MAT THIS CONFORM TO ME TEXAS COORDINATE SYSTEM NORTH PLAT WAS PREPARED FROM AN ACTUAL AMERICAN DATUM 1983 (93). TEXAS SOUTH ZONE. SURVEY MADE ON THE GROUND BY MEN WORKING UNDER MY SUPERVlSlON AND THAT I I ALL IMPROVEMENTS ARE NOT SHOW. SAME IS TRUE AND CORRECT ACCORDING TO I SAID SURVEY. I 1 5/8" DIAMETER STEEL STAKES WTH IDENTIFlCATION I CAPS STAMPED 'FORSMAN/6078' TO BE SET AT ALL COMPLETED: October 9. 2010 I CONTROL POINTS WERE PRACTICAL. I I PRELIMINARY NOT FOR RECORDATION Geodesy Professional Services, LLC I JOSH FOBMAN 1312 Dovecrest Road Memphis. Tennessee 38134 REGISTERED PROFESSIONAL LAND SURVEYOR Phone: (801) 388-2580 REGISTRATION NO. 6078 Pax: (801) 388-2586
8 rms mm~cU~RX RFPRCPNE m( RESULTS P I MKI BO~Omowo BY rxmn FWOFES~U COUNCIL COMMUNICATION DATE: I SUBJECT: FINAL READING ORDINANCE 2010-0-165 AMENDING THE CODE OF ORDINANCES SECTION 15-5 (FEES FOR INFLUENZA, PNEUMOCOCCCAL, CHILDHOOD AND OTHER IMMUNIZATIONS) BY SPECIFYING CHARGES FOR INFLUENZA FROM $15.00 TO $20.00 AND PNEUMOCOCCCAL FROM $20.00 TO $35.00, AND RAISING THE ADMINSTRATIVE FEE FROM $4.00 TO $8.00 FOR CHILDREN AND QUALIFYING ADULTS; SECTION 15-9 (FEES FOR MATERNAL AND CHILD HEALTH PROGRAM) BY ESTABLISHING A FEE OF $26.00 PER VISIT FOR EARLY DETECTION, SCREENING, NURSING AND/OR SEXUALLY TRANSMITTED DISEASE SERVICES; SECTION 15-12 (FEES FOR CLINICAL HEALTH SERVICES PROVIDED IN THE ADULT HEALTHfPRIMARY HEALTH CARE, DISEASE PREVENTION, CHRONIC DISEASE SERVICES, EARLY DETECTION OR SEXUALLY TRANSMITTED DISEASE SERVICES) BY ADDING A FIRST VISIT FEE OF $26.00 AND A FOLLOW-UP GENERAL FEE OF $15.00; SECTION 15-13 BY INCREASING THE FEE OF $15.00 FOR WATER BACTERIOLOGICAL TESTING TO $18.00 FOR ROUTINE TESTING AND $25.00 FOR MICROORGANISM TYPE TESTING AND REPEALING ORDINANCES 2008-0-163 AND 2000-0-169; BY ADDING ADDITIONAL DEFINITIONS AND CLARIFICATION TO COMPLY WITH STATE AND FEDERAL FEE GUIDELINES (INCOME, TITLE V, MEDICAID OR MEDICARE) AND/OR AS ACCEPTED BY MOTION DURING THE BUDGET WORKSHOP. THIS ACTION WILL ALLOW FOR ADDITIONAL PATIENT CARE SERVICES NEEDED TO ASSURE APPROPRIATE CARE, PROTECT THE PUBLIC'S HEALTH AND TO PREVENT DISEASE OUTBREAKS. PROVIDING FOR PUBLIC HEARING, PUBLICATION AND EFFECTIVE DATE. (AS AMMENDED)
INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On May 27, 1997 Council approved Ordinance No. 1997-0-117, on July 3,2000 Council approved Ordinance No. 2000-0-169, on~arch29,2005 Council approved Ordinance No. 2005-0-052 and on August 25,2008 Council approved Ordinance No. 2008-0-163.
BACKGROUND: The City of Laredo provides public health services to residents of Laredo and Webb County through the City of Laredo Health Department and at this time is requesting City Council approval to adjust fees for clinical services to comply with state and federal fee guidelines ((Income, Title V, Medicaid or Medicare), meet increased costs of testing, supplies, vaccine, provider costs, care services and/or as accepted by motion during the budget workshop. In particular a motion was passed during the budget workshop to adjust the immunization fee. This is being requested due to several needs such as: to meet federal and state guidelines; due to the increase in public health prevention responsibilities in disease control and environmental health; due to increase in water quality testing supplies and services; and due to adding and/or increasing patient care services to assure appropriate care, protect the public's health and to prevent disease outbreaks. Fees are being amended as follows:
Sec. 15-5. Fee for [illnfluenza, [p]~eumococcal,childhood and other immunizations, The city health department director is hereby authorized to charge [- twentv dollars ($20.00) to each person or eight dollars ($8.00)-for any person under 18 years ofage or that meets the Texas Vaccine For Children (TVFC) or Texas Immunization Sqfety-net guidelines to whom it [the department] provides an immunization against influenza, Pneumococcal or other vaccines not covered by the TVFC.
The city health department director is hereby authorized to charge [- thirty five dollars ($35.00) to each person or eight dollars ($8.00) for any person under 18 years ofage or that meets the Texas Vaccine For Children (TV'or Texas Immunization Safety-net guidelines. . to whom it provides a pneumococcal or other vaccines not covered bv TVFC [- I. These fees will be modified on a yearly basis to offset the cost of the vaccine and to bring them in line with the state Medicare and Medicaid or sliding fee scale reimbursement rates. This section does not and is not intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provision of influenza immunizations or pneumococcal immunizations by the health department.
The city health department director is hereby authorized to charge eight dollars ($8.00) per person per visit for all immunizations offered by the Health Department (other than non TVFC Influenza Pneumococcal or other vaccine not covered bv the TVFC or the safety-net guidelines) which includes: DTaP-Diphtheria, Tetanus, Pertussis; MMR-Measles, Mumps Rubella; HIb-Haemophilus Influenza B; Hepatitis A, Hepatitis B, Varicella, Human Papilloma Virus, Meninnococcal, Polio, Rotavirus, Influenza, Pneumococcal and other variations or new vaccines that may develop.
Boosters for any ofthe above are eight dollars ($8.00) Derperson per visit.
Sec. 15-9. Fees for maternal and child health program. (a) The health director of the city health department is hereby authorized to implement a fee schedule for services provided at the maternal and child health program. Fee Schedule TABLE INSET:
Sliding Fee Scale % of Charges Co-Pay Co-Pay Family To Be Paid Co-Pay Prescription Poverty size by Client Visit Medication OverCounter The Income
(b) An additional service to be provided by the city health department's maternal and child health program will be nursing servicesfor earlv detection, screening,preventive care andor sexuallv transmitted disease screening and/or to address the needs of the uninsured and those without access to health care[&] at a cost of twenty-six dollars ($26.00) per visit [-]to those persons without health care access andlor without health insurance.
(c) A client shall not be denied services due to inability to pay.
(d) The health director may adjust the income limits upon which the fees are based to conform with changes in the federal poverty income guidelines.
(e) This section does not and is not intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provisions of the services by the maternal and child health program of the city health department.
Sec. 15-12. Pees for clinical health services provided in the adult healthlprimary health care services program.
(a) There is hereby established the following schedule of fees for clinical health services provided in the adult healthlprimary health care services programlHIV1STD services of the health department. The schedule of fees is based on the current federal poverty income guidelines (see attachment 1, on file with the city), and said income guideline change may be adjusted as needed by the health department director (which latter does so to conform with changes in the federal income guidelines as they occur): LA FAMILIA (COPC) HEALTH CARE CENTERFEE SCHEDULETABLE INSET: TABLE INSET:
Ofjce Visits: New Patients Length (in Code Fee Type minutes) First Visit - screening, earlv disease detection, anv preventive, chronic disease or disease $26.00 control service as well as sexually 992 12 Focused 10 39.00 99214 Detailed 25 85.00 Comprehensive 99215 40 135.00 (b) An additional service to be provided by the city health department's adult health/primary health care program will be nursing services to address the needs of the uninsured and those without access to health care. A cost of twenty dollars ($20.00) per visit will be charged to those persons without health care access and/or without health insurance.
(c) This section does not and is not intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provisions of the services by the maternal and child health program of the city health department.
Sec. 15-13. Bacteriological testing services.
The fee [-]per sample of water for bacteriological testing services performed by the city health department is [[ ($-H&O)]eighteen ($18) for routine testing and twenty-five dollars ($25.00) for microorganism type testing.
Nothing in this section is intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provision of bacteriological water testing by the laboratory of the city health department.
These fees may be revised through council action to meet the rise in cost of the service, vaccine, supplies or testing to meet the Medicaid or Medicare allowable cost, State and Federal fees or poverty guidelines.
BUDGET ON NEXT PAGE FINANCIAL: The City of Laredo will increase clinical fees by $6.00 for any screening or preventive disease and the revenue line item is 226-0000-376-0601. The immunization administrative fee by $4.00 and the revenue line item is 226-0000-376-0 101. Routine water testing samples by $3.00 and $10.00 for microorganism type testing and the revenue line item is 226-0000-355-2000. Follow- ups care for STD services by $5.00 and the revenue line item is 226-0000-355-4090. COMMITTEE RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. ORDINANCE 2010-0-165
AMENDING THE CODE OF ORDINANCES SECTION 15-5 (FEES FOR INFLUENZA, PNEUMOCOCCCAL, CHILDHOOD AND OTHER IMMUNIZATIONS) BY SPECIFYING CHARGES FOR INFLUENZA FROM $15.00 TO $20.00 AND PNEUMOCOCCCAL FROM $20.00 TO $35.00, AND RAISING THE ADMINSTRATIVE FEE FROM $4.00 TO $8.00 FOR CHILDREN AND QUALIFYING ADULTS; SECTION 15-9 (FEES FOR MATERNAL AND CHILD HEALTH PROGRAM) BY ESTABLISHING A FEE OF $26.00 PER VISIT FOR EARLY DETECTION, SCREENING, NURSING AND/OR SEXUALLY TRANSMITTED DISEASE SERVICES; SECTION 15-12 (FEES FOR CLINICAL HEALTH SERVICES PROVIDED IN THE ADULT HEALTWPRIMARY HEALTH CARE, DISEASE PREVENTION, CHRONIC DISEASE SERVICES, EARLY DETECTION OR SEXUALLY TRANSMITTED DISEASE SERVICES) BY ADDING A FIRST VISIT FEE OF $26.00 AND A FOLLOW-UP GENERAL FEE OF $15.00; SECTION 15-13 BY INCREASING THE FEE OF $15.00 FOR WATER BACTERIOLOGICAL TESTING TO $18.00 FOR ROUTINE TESTING AND $25.00 FOR MICROORGANISM TYPE TESTING AND REPEALING ORDINANCES 2008-0-163 AND 2000-0-169; BY ADDING ADDITIONAL DEFINITIONS AND CLARIFICATION TO COMPLY WITH STATE AND FEDERAL FEE GUIDELINES (INCOME, TITLE V, MEDICAID OR MEDICARE) AND/OR AS ACCEPTED BY MOTION DURING THE BUDGET WORKSHOP. THIS ACTION WILL ALLOW FOR ADDITIONAL PATIENT CARE SERVICES NEEDED TO ASSURE APPROPRIATE CARE, PROTECT THE PUBLIC'S HEALTH AND TO PREVENT DISEASE OUTBREAKS. PROVIDING FOR PUBLIC HEARING, PUBLICATION AND EFFECTIVE DATE. (AS AMMENDED)
WHEREAS, the City of Laredo provides public health services to residents of Laredo and Webb County through the City of Laredo Health Department and at this time is requesting City Council approval to adjust fees for clinical services, cost of testing, cost of supplies, cost of vaccine, provider costs, care services and/or as approved during the Budget Workshop in a Motion
WHEREAS, changes are being implemented to meet federal and state guidelines that change based on income and/or to comply with Medicaid, Medicare or Title V and due to the increase in public health prevention responsibilities in disease control and environmental health; and due to increase in water quality testing supplies and services; and the addition and/or increase in patient care services to assure appropriate care, protect the public's health and to prevent disease outbreaks.
WHEREAS, these fees may be revised by council action to meet the rise in cost of the service, vaccine, supplies or testing to meet the Medicaid or Medicare allowable cost, State and Federal fees or poverty guidelines. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The Code of Ordinances is amended as follow
Sec. 15-5. Fee for [illnfluenza, [p]&eumococcal, immunizations_. The city health department director is hereby authorized to charge [a $15.w twenty dollars ($20.00) to each person or eight dollars f$8.00) for any person under 18 years ofage or that meets the Texas Vaccine For Children (TVFC)or Texas Immunization Safety-net guidelines to whom it [the department] provides an immunization against influenza, Pneumococcal or other vaccines not covered bv the TVFC.
The city health department director is hereby authorized to charge [m thirty five dollars ($35.00) to each person or eight- dollars ($8.00) for any person under 18 years ofage or that meets the Texas Vaccine For Children (TYFC) or Texas Immunization Safety-net guidelines to whom it provides a pneurnococcal or other vaccines not covered b-y TVFC 1-1. 1-1.
These fees will be modified on a yearly basis to offset the cost of the vaccine and to bring them in line with the state Medicare and Medicaid or sliding fee scale reimbursement rates. This section does not and is not intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provision of influenza immunizations or pneumococcal immunizations by the health department.
The city health department director is hereby authorized to charge eight dollars ($8.00) per person per visit-forall immunizations offered by the Health Department (other than non TVFC Influenza Pneumococcal or other vaccine not covered by the TVFC or the safety-net guidelines) which includes: DTaP- Diphtheria, Tetanus, Pertussis; MMR-Measles, Mumps Rubella; HIb- Haemophilus Influenza B; Hepatitis A, Hepatitis B, Varicella, Human Papilloma Virus. Meningococcal, Polio, Rotavirus, Influenza, Pneumococcal and other variations or new vaccines that may develop.
Boosters for any ofthe above are eight dollars ($8.00)per person per visit.
Sec. 15-9. Fees for maternal and child health program. (a) The health director of the city health department is hereby authorized to implement a fee schedule for services provided at the maternal and child health program. Fee Schedule TABLE INSET:
Sliding Fee Scale
% of Charges- Co-Pay Co-Pay Family To Be Paid Co-Pay Prescription Poverty size by Client Visit Medication Counter Over The Income
(b) An additional service to be provided by the city health department's maternal and child health program will be nursing servicesfor early detection, screening, preventive care andor sexually transmitted disease screening andor to address the needs of the uninsured and those without access to health care[&] at a cost of twenty-six dollars ($26.00) per visit [wi!! L, cktqpl]to those persons without health care access andlor without health insurance.
(c) A client shall not be denied services due to inability to pay.
(d) The health director may adjust the income limits upon which the fees are based to conform with changes in the federal poverty income guidelines.
(e) This section does not and is not intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provisions of the services by the maternal and child health program of the city health department.
Sec. 15-12. Fees for clinical health sewices provided in the adult healthtprimary health care sewices program.
(a) There is hereby established the following schedule of fees for clinical health services provided in the adult healthlprimary health care services progrdIVISTD services of the health department. The schedule of fees is based on the current federal poverty income guidelines (see attachment 1, on file with the city), and said income guideline change may be adjusted as needed by the health department- director (which latter does so to conform with changes in the federal income guidelines as they occur): LA FAMILIA (COPC) HEALTH CARE CENTERFEE SCHEDULETABLE rNSET: TABLE INSET: I Office-" Visits: New Patients I Length (in Code Fee Type minutes) First Visit - screening, early disease detection, anv preventive, chronic disease or disease $26.00 control service as well as sexuallv transm itted disease services. 9920 1 Focused 10 $44.00 99202 Expanded 20 71 .OO 99203 Detailed 30 99.00 Comprehensive 99204 45 148.00 99205 Complex 60 187.00 Office Visits: Established Patients Follow-uw $15.00 General 9921 1 Minimal 5 20.00 99212 Focused 10 39.00 992 14 Detailed 25 85.00 Comprehensive 99215 40 135.00 (b) An additional service to be provided by the city health department's adult healtWprimary health care program will be nursing services to address the needs of the uninsured and those without access to health care. A cost of twenty dollars ($20.00) per visit will be charged to those persons without health care access andlor without health insurance.
(c) This section does not and is not intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provisions of the services by the maternal and child health program of the city health department.
Sec. 15-13. Bacteriological testing services.
4 The fee [-]per sample of water for bacteriological testing services perfomled by the city health department is [v C;kaan]einhteen ($18.00) for routine testinn and twenty_five dollars ($25.00) for microorganism type testing.
Nothing in this section is intended to exempt, change or modify the terms of any governing federal or state regulations which apply to the provision of bacteriological water testing by the laboratory of the city health department.
Section2: Ordinance 2008-0-163 is repealed as of the effective date hereof. Ordinance 2000-0-1 69 is repealed as of the effective date hereof.
Section 3: Revenue line items are: 226-0000-376-0601, 226-0000-376-0101, 226- 0000-355-2000 and 226-0000-355-4090.
Section 4: The City Manager is hereby authorized to make transfers within the budget to meet the necessary costs to accomplish the scope of work for the project.
Section 5: This ordinance shall become effective no less than sixty (60) days from the date of public hearing on this Ordinance, in accordance with 2.09 (b) of the City Charter.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
THIS DAY
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
By: NATHAN R. BRATTON ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
Date: SUBJECT: FINAL READING ORDINANCE 2010-0-166 AMENDING SECTION 24-78, OF THE LAREDO LAND DEVELOPMENT CODE, ENTITLED OFF-STREET PARUNG AND LOADING REQUIREMENTS, BY CREATING SECTION 24-78.1 PURPOSE, BY AMENDING (A) GENERAL REQUIREMENTS 1'08'1 ESTABLISHING MINIMUM PARKING SPACE REQUIREMENT FORMULAS AND ESTABLISHING VALET PARKING PROVISIONS, AMENDING (C) PARKING SPACE DIMENSION BY ESTABLISHING MINIMUM STANDARDS FOR SINGLE FAMILY RESIDENTIAL PARKING, AMENDING (I) LOCATION OF PARKING SPACES BY ESTABLISHING THE METHODOLOGY FOR MEASURING DISTANCES BETWEEN COMMERCIAL USES AND OFF-SITE PARKING FACILITIES, AMENDING (K) JOINT USE BY DEFINING OVERLAP AND REQUIRING AN AGREEMENT BE CREATED BETWEEN THE PARTIES FOR JOINT USE OF PARKING SPACES; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (AS AMENDED)
Initiated by: Staff source: Planning & Zoning Commission Keith Selman, Planning Director
Prior action: None.
BACKGROUND
The proposed amendment will establish minimum parking space requirement formulas and create valet parking provisions. It will also set minimum standards for single-family housing residential parking. It will amend the location requirement of parking spaces by establishing the methodology for measuring distances between commercial uses and off-site parking facilities. It will also amend the section pertaining to joint use by defining "overlap" and requiring an agreement be created between the parties for joint use of parking spaces.
FINANCIAL: None. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 0 vote, Staff supports the ordinance amendment. recommended approval of the ordinance amendment. CITY OF LAIUEDO ORDINANCE NO. 2010-0- 166
AMENDING SECTION 24-78, OF THE LAREDO LAND DEVELOPMENT CODE, ENTITLED OFF-STREET PARKING AND LOADING REQUIREMENTS, BY CREATING SECTION 24-78.1 PURPOSE, BY AMENDING (A) GENERAL REQUIREMENTS ESTABLISHING MINIMUM PARKING SPACE REQUIREMENT FORMULAS AND ESTABLISHING VALET PARKING PROVISIONS, AMENDING (C) PAFUUNG SPACE DIMENSION BY ESTABLISHING MINIMUM STANDARDS FOR SINGLE FAMILY RESIDENTIAL PARKING, AMENDING (I) LOCATION OF PARKING SPACES BY ESTABLISHING THE METHODOLOGY FOR MEASURING DISTANCES BETWEEN COMMERCIAL USES AND OFF-SITE PARKING FACILITIES, AMENDING (K) JOINT USE BY DEFINING OVERLAP AND REQUIRING AN AGREEMENT BE CREATED BETWEEN THE PARTIES FOR JOINT USE OF PARKING SPACES; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (AS AMENDED)
WHEREAS, the LaredciLand Development Code currently provide standards and requirements regarding off-street parking and loading; and,
WHEREAS, the revision of said standards and requirements has been deemed necessary and appropriate; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the ordinance; and,
WHEREAS, notice of the ordinance was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,
WHEREAS, the City Council has held a public hearing on November 8,2010, and finds the ordinance appropriate and consistent with the General Plan of the City of Laredo.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: Section 24-78 of the Laredo Land Development Code be and is hereby amended as follows:
'SECTION 24-78
OFF-STREET PARKING & LOADING REQUIREMENTS 24-78.1 PURPOSE
The purpose of this section is to provide the standard specifications reauired for the design and lavout of off-street parkina facilities in the City of Laredo. Said specifications are intended to provide for the minimum adeauate level of internal vehicular movement and manueverina, inaress and egress, and patron securitv and convenience. 24-78.2s GENERAL REQUIREMENTS la) COMMERCIAL PARKING
The general requirements for commercial off-street parking and loading facilities are as follows:
(1) Commercial parking lots whether required by the provisions of this ordinance or not, shall be provided in accordance with the provisions of this section. Specifically, any outdoor space, or uncovered plot, place, lot, parcel, yard or enclosure or any portion thereof, where one or more vehicles may be parked, stored, housed or kept, for which any fee is made or which is used for the parking of non-commercial vehicles by the patrons,# employees, or residents of a businesses or commercial establishments or multi-family dwellinas, or which is for the use of trailers, connected to tractors or not, or any other type of commercial vehicle (commercial parking lot) shall be paved and marked in accordance with subsection (e) of this Section.
(2) A building permit is required for the construction of a commercial off-street parking (commercial parking lot) if a building permit is not otherwise required for a building on the same tract, block or lot as the commercial parking lot. Construction plans for a commercial parking lot shall be submitted along with each application for a building permit for construction that includes a commercial parking lot. (As amended 5/21/90, Ord. #90-0-88)
(3) Whenever a building or structure is constructed or its use is changed or ik-use enlarged by an increase in floor area, number of employees, number of dwelling units, seating capacity, or otherwise b createw a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change, in compliance with this section. (As amended 5/21/90, Ord. #90-0-88)
(4) All site plans submitted as part of an application for a building permit for a business shall include a parking plan. All construction plans for commercial parking lots shall include the proposed markings and paving material to be used. The site plan and construction plan for a commercial parking lot shall be made a part of the building permit upon the granting thereof. Failure to construct a commercial parking lot in accordance with the site plan and construction plan approved with the building permit shall be deemed a violation of this Section. (As amended 5/21/90, Ord. #90- 0-88)
15) The number of required parking spaces shall be calculated based on existinn or proposed uses on site, both ~rincipleand accessow, and shall be calculated in accordance with their res~ectiveformulas, as stipulated in 24-78.3, entitled Parking Space Formulas.
16) Twentv five percent (25%) of the minimum reauired parkina spaces as calculated in 5 above mav be offset if the principle and accessow uses provide valet parking durinq times of operation. Provided the number of spaces on-site and valet facility cumulativelv meets or exceeds the minimum reauired spaces.
/7) Where the number of parkinq spaces required is based on occupancv loads, those loads shall be calculated accordina to Table 1004.1.1 of the International Building Code 2009.
18) Facilities owned or o~eratedbv the City of Laredo shall be exempt from all provisions contained in Laredo Land Development Code, Section 24-78, entitled Off Street Parkina and Loadina requirements.
(b) CENTRAL BUSINESS DISTRICT EXEMPTION
Although encouraged to consider off-street parking for their customers in their planning, customer off-street parking is not a requirement of the individual businesses located within the Central Business District and the Arts and Entertainment District. However, if such off- street parking is provided, it shall be constructed in accordance with the provisions of Section 24-78 @j.
(c) PARKING SPACE DIMENSIONAL REQUIREMENTS
/I) Parking space dimensional requirements shall be as indicated in Ordinance 90-0- 107, entitled Parkina Lavout and Desinn Standards for Parkina Lots, unless otherwise herein indicated. In cases of conflictins requriements. the stricter standard shall applv.
(Sj &When off-street parking facilities are located adjacent to a public alley, one-half of the width of said alley may be assumed to be a portion of the maneuvering space requirements.
(3) The dimensional standards for parkina spaces reauired of sinnle familv dwellinas, mobile homes, and duplexes. shall be eight 18) feet wide and sixteen (16) feet lonq. Stackinq of spaces directly behind another andlor usinq concrete runners 2' wide for each tire track, is permitted. All sDaces for sinnle familv dwellinas and duplexes shall be ~avedwith concrete or brick.
(d) LOADING SPACE REQUIREMENTS AND DIMENSIONS A loading space shall have minimum dimensions of not less than ten (10) feet with apron and total offset as set forth in Ordinance #90-0-107 (Layout and Design Standards for Parking Lots), and a height of clearance of not less than fifteen (15) feet. One off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring pick-up and delivery of goods and having a modified gross floor area of over 5,000 square feet. One loading space shall be provided for each additional 20,000 square feet or major fraction thereof. For those businesses not required to have a loading space, any loading space constructed shall comply with minimum di (As amended 7/6/92, #92-0-138)
(e) PAVING
(1) COMMERCIAL PARKING LOTS - All commercial parking lots specified under the Zoning Ordinance shall be paved in accordance with the specifications and stardards set forth in the Zoning and other Ordinances of the City of Laredo, including but not limited to those standards set forth in Ordinance #90-0-107 (0 fh&mg&& Parkinq Lavout and Desian and Standards for Parkins Lots).
The parking lanes, and spaces, shall be clearly marked by traffic paint, buttons or other materials (meeting specifications and standards set forth by the Texas Department of Highways as minimum standards for the suitability of such materials for the herein described purposes). Paving plans shall be a part of the building permit, and failure to construct paved parking in accordance with the building permit shall be a violation of this ordinance.
(2) DEAD STORAGE PARKING LOTS - Where the sole purpose of a commercial parking lot is dead storage, and the parking lot does not abut a residential district or development paving shall be provided in the following manner:
There shall be a concrete apron at the entrance of the parking lot, concrete landing pads shall be provided and all unpaved areas shall be covered in caliche.
Where a dead storage commercial parking lot abuts a residential district or development then:
A concrete apron will be provided at the entrance of the parking lot, concrete landing pads shall be provided, unpaved areas shall be covered in caliche and treated with oil or an oil base compound not less than once a year and a solid opaque wall no less than ten (10) feet in height shall be erected around the parking lot.
(3) TIME LIMITATIONS AND COMPLIANCE -All comercial parking lots, not presently in compliance with this Ordinance, and subject to the Parking Space Requirements set forth in Section 24-78 (p) (2), (3), (4), (5),and (6) of the Zoning Ordinance or commercial parking lots for which any fee is made or commercial parking lots which abut a residential district or development, shall be required to comply with the provisions of this Ordinance within one year from the effective date of this Ordinance. All other commercial parking lots shall be required to comply with this Ordinance within five (5) years at the rate of twenty (20) percent per year.
(9 DRAINAGE
All parking and loading areas shall provide for proper drainage of surface water to prevent ponding and the drainage of such water onto adjacent properties or walkways.
(g) MAINTENANCE The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris.
(h) LIGHTING
Any tract, block, or lot, or portion or portions thereof used for parking of vehicles for a fee or used for parking of vehicles by patrons of business or commercial establishment (commercial parking lot) if and when used during non-daylight hours shall illuminated such that the marking thereon is visible from the inside of an automobile parked thereon. Any lights used to illuminate a commercial parking lot shall be so arranged as to deflect the light away from adjoining residential property. (As amended 5/21/90, Ord. #90-0-88)
(i) LOCATION OF PARKING SPACES
The following regulations shall govern the location of off- street parking spaces and areas:
(I) Parking spaces for all detached residential dwellings shall be located on the same lot as the use which they are intended to serve.
(2) Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than 300 feet from the principal use. Measurement shall be from the propertv line of the primarv use to the drivewav of the ~arkinqlot usina definable pedestrian corridors and street crossinas at desianated crosswalks.
(3) Parking spaces for commercial, industrial, or institutional uses shall be located not more than 400 feet from the principal use. Said 400 feet shall be measured from the wein driveway entrance of the principal use to the ~drivewaventrance of the parking lot usina definable pedestrian corridors and street crossings at desiqnated crosswalks.
(4) Where an increase in the number of parking spaces is required by a change in use or enlargement, or where such spaces are provided collectively or used jointly by two or more activities a&ivih or establishments, the. required. space may be located not to exceed 400 feet from 0the principle use. Measurement shall be made in the manner established in 3 above.
[5) For 2, 3, and 4 above, off-site ~arkinafacilities may be located up to 600 feet from the principle use provided the route for which measurement is made does not cross a street intersection. Measurement shall be made in the manner established in 3 above.
(6) No required parking areas can be provided for in a manner that will only be temporary. The business must have an interest (i.e., title or legal share) in off-premises parking.
(7) In the R-0 District, parking areas shall not be located in a manner that would destroy landscaping, such as trees, shrubs, lawns. In order to accomplish this the parking space requirements of Section 24-78 (p) may be modified by up to twenty-five (25)percent,and maneuvering space may be waived. (j) DISABLED VEHICLES
The parking of a non-operable vehicle shall not be permitted on public rights-of-way. These vehicles shall not be stored on any lot unless it is stored in an enclosed garage or other accessory building.
(k) JOINT USE OF PARKING SPACES (ON-SITE) Two or more non-residential uses may jointly, havina coo~erativelventered into a recorded written agreement or contract to be in effect until the uses cease, provide and use parking spaces when their hours of operation do not fwmally overlap (meanina none of the uses sharinq the facilities reauire the off-street parkina facilites at the same time),
(I) WHEEL BLOCKS
Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
(m) ACCESS AND MANEUVERING SPACE REQUIREMENTS
All parking areas, excluding single family or two family residences, shall be designed in such a manner that any vehicle leaving the parking area shall be travelling in a forward motion. Maneuvering space dimension shall be as provided in Section 24-78 (c) of this Section, and shall be off the public right-of-way. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.
(n) WIDTH OF ACCESS DRIVEWAY IN BUSINESS AND INDUSTRIAL DISTRICTS The entrances and exits to the parking area shall be clearly marked. Entranceways or exits shall maintain the following minimum:
(1) For one-way traffic, a minimum width of fourteen (14) feet is required.
(2) Access driveways for two-way traffic shall have a minimum width of twenty four (24) feet, but not to exceed thirty (30) feet.
(3) Parking areas having more than one aisle or driveway shall have directional signs or marking in each aisle or driveway.
(4) On corner lots, in business or industrial districts, driveways shall be at least fifty (50) feet from the property corner nearest the intersection.
(0) PARKING AREAS - MODIFICATIONS
The Board may authorize or appeal a modification, reduction, or waiver of all of these parking requirements, except that when there is a change in use in a B-I or 6-3 district (when such a new use requires additional parking), said additional parking requirements shall not be waived or reduced, nor shall maneuvering space requirements be waived or reduced, where access is to those major streets listed on the current, functional classification map of the City, unless in the R-0 District. In no case shall there be an infringement on vehicular or pedestrian traffic safety. Adjoining residential areas shall be protected, and the variance shall be consistent with this ordinance and the City's Comprehensive Plan.
24.78.3 @ PARKING SPACE FORMULAS
TYPE OF USE PARKING SPACES REQUIRED
(1) RESIDENTIAL:
(a) Single family dwelling, Two for each dwelling unit townhouse, condominium or mobile home
(b) Apartments, or multi- a. Three for each duplex; family dwellings b. Multi-family dwellings (more than two families),
One (I) parking space for each efficiency or studio apartment or rooming1 or boarding house sleeping room
One (I) parking space for each one (1) bedroom living unit One and one-half (1 112) spaces for each dwelling unit of two (2) bedrooms or more. One additional space every four dwelling units to accomodate visitor traffic
(c) Boarding houses, rooming One for each sleeping houses, dormitories, and room or one for each fraternity houses which permanent occupant have sleeping rooms
(2) COMMERCIAL:
(a) Automobile service garages One for each two which also provide repair gasoline pumps and two for each service bay
(b) Hotels, motels One per each sleeping room plus one space for each two hundred sq. ft. of commercial floor area used therein (minus lobby area)
(c) Funeral parlors, mortuaries One for each 100 sq. ft. and similar uses. of floor area slumber rooms, parlors or service rooms (d) Retail stores - General One for each 250 sq. ft. Merchandise of floor area
(e) Retail stores - Specialty One space for 400 sq. ft. Shops dealing primarily in of gross floor area one product, e.g. antique shops, art galleries custom meat distribution, etc. with limited on premises sales
(9 Banks, financial institutions One for each 200 sq. ft. of floor area
(g) Offices, One for each 400 sq. public or professional administration, or sq. ft. of floor area service buildings
(h) Restaurants
(I) Sit down restaurants 18 parking spaces per Type A* 1,000 sq. ft. of dining floor area
(2) Sit down restaurants 13 parking spaces per Type B** 1,000 sq. ft. of dining floor area
8 parking spaces per 1,000 sq. ft. gross floor area
* = high turnover, midday sit-down restaurants ** = low-turnover, evening hour sit-down restaurants *** = designed primarily for carry out service
(i) Flea markets One parking space per booth plus one parking space for each sq. ft, of land area not used for parking.
(j) Bed and Breakfast One (1) parking space for each guest room plus one (I) parking space for the owner/occupant andone (1) space for each employee.
Except for the driveway, the frontyard shall not be used for parking in a residential Office (R- 0) district.
(k) All other types of commerical uses One for each 300 sq. ft. of business or commercial floor area uses permitted in any business district (3) RECREATIONAL OR ENTERTAINMENT
(a) Taverns, night clubs, etc. One for each 100 sq. ft. of floor area, or one space for each three (3) seats, whichever is greater
(b) Bowling alleys Four for each alley or lane plus one additional space for each 100 sq. ft. of the area used for restaurant, cocktail lounge, or similar use.
(c) Dance floors, skating rinks One for each 100 sq. fl. of floor area used for the activity
(d) Outdoor swimming pools or One for each 5 person capacity other public or private plus one for each 4 seats or one recreation facilities for each 30 sq. ft. floor area used for seating purposes whichever is greater
(e) Auditoriums, sport arenas One for each 4 seats
(4) INSTITUTIONAL:
(a) Churches and other places of One for each 4 seats religious assembly
(b) Hospitals One for each bed
(c) Sanitariums, homes for the One for each 2 beds aged, nursing homes, children homes, asylums, and similar uses
(d) Medical and dental clinic One for every 200 sq. ft. of floor area of examination, treating room, office and waiting room
(e) Libraries, museums, and art One for each 400 sq. ft. galleries of floor area
(5) SCHOOLS (PUBLIC, PAROCHIAL, OR PRIVATE)
(a) Elementary and junior high Two for each classroom and classroom and one for every eight seats of fixed seating in auditoriums or assembly halls (b) High schools Four spaces per each classroom, and one for each teacher and employee. (c) Business, technical and trade One for each two students schools
(d) Colleges, universities Four spaces per each classroom and one for each teacher and employee
(e) Kindergartens, child care Two for each class-room but not less centers, nursery schools, and than six for the building similar uses, except as a home occupation
(6) MANUFACTURING:
(a) All types of manufacturing, One for every 2 employees (on the storage, and wholesale uses largest shift for which the building permitted in any manufacturing is designed) plus one for each motor district vehicle used in the business
(b) Cartage, express, parcel One for every 2 employees (on the delivery, and freight largest shift which the building is terminals designed) and one for each motor vehicle maintained on the premises
Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.
Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2.
Section 4: Severability If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of another portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.
Section 5: Open Meetings
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 Meeting Act, Texas Government Code Sect. 55 1.001 ET. AT.; 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 approves and confirms such written notice and the contents and posting hereof.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: NATHAN BRATTON ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
Date: SUBJECT: FINAL READING OF ORDINANCE NO. 201 0-0- 167 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 12 & the 1 110811 0 west three (3) feet of Lot 11, Block 1627, Eastern Division, located at 2720 Ross Street, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. ZC-51-2010 Initiated by: Staff source: Hilda G. Garcia Keith Selman, Planning Director
Prior action: This item was introduced by Hector J. Garcia at the regular meeting of October 18,2010. BACKGROUND
Council District: I1 - Hector J. Garcia Proposed use: Tortilleria
Site: La Paletera La Brisa and Heaven Scent Florist Surrounding land uses: The land adjacent to the east of the site includes El Rancherito Meat Market. South of the site are Rendon's Karate & Dance Academy, EZ Pawn, Master Craft Tires, Sepulveda Tire Shop, Aikido of Laredo, Sombrero's Restaurant, single-family residences, notary public and a manufac- tured home. The land west of the site includes single-family residences, J&M Auto Sales Inc., Saddle & Tack Shop and A Child's Imagination Learning & Day Care Center. North of the site are single-family residences. Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. Transportation Plan: The Long Range Thoroughfare Plan does not identify Ross Street but Loop 20 is identified as an Expressway. Letters sent to surrounding property owners: 22 In Favor: 0 Opposed: 0 STAFF COMMENTS
The proposed zone change is appropriate at this location. The proposed change is consistent with the Comprehensive Plan's designation for this area as RetailIOffice. This area of Loop 20 is following a pattern of commercial development and zoning.
P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recom- Staff supports the proposed zone change mended approval of the zone change.
Page 1 of 2 ORDINANCE NO. 2010-0-167
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 12 & THE WEST THREE (3) FEET OF LOT 11, BLOCK 1627, EASTERN DIVISION, LOCATED AT 2720 ROSS STREET, FROM B-1 (LIMITED COMMERCLAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.
WHEREAS, a zone change has been requested by the owners of Lot 12 & the west three (3) feet of Lot 11, Block 1627, Eastern Division, located at 2720 Ross Street, from B-1 (Limited Commercial District) to B-3 (Community Business District); and,
WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on September 16,20 10, and,
WHEREAS, the Planning and Zoning Commission, aRer a public hearing, has rec- ommended approval of the proposed zone change; and,
WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,
WHEREAS, the City Council has held a public hearing on November 8,2010, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,
WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing Lot 12 & the west three (3) feet of Lot 11, Block 1627, Eastern Division, located at 2720 Ross Street, fiom B-1 (Limited Commercial District) to B-3 (Community Business District).
Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: NATHAN R. BRATTON ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2010-0-168 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 10 and East 11/08/10 ?4 of Lot 11, Block 925, Eastern Division, located at 1706 Chihuahua Street, from R-0 (ResidentiaI/Office District) to B- 1 (Limited Commercial District); providing for publica- tion and effective date. ZC-50-2010 Initiated by: Staff source: Jaqueline Frank Geissler Keith Selman, Planning Director
Prior action: This item was introduced by Micheal Landeck at the regular meeting of October 18,2010. BACKGROUND
Council District: I11 - Micheal Landeck
Proposed use: Child Day Care
Site: Single-family residence
Surrounding land uses: The property to the north includes Dairy Queen, Border Insulation, Church's Fried Chicken, EZ Pawn, Stars, Auto Zone, Popeye's, and Orlando Canizalez Boxing Gym. The property to the east includes First Capital Finance, USPS Ofice, Cantu Interiors, Sanchez Dra- pery Design, La Cueva Tatoos, Carpet World, The Corn House, Pocket Communications, Gomez Federal DOT Services, a single family residence and Advance Auto Parts. West of the property are single-family residences. South of the property are single-family residences and 7-B Apartments.
Comprehensive Plan: The Comprehensive Plan identifies this area as RetailIOffice.
Transportation Plan: The Long Range Thoroughfare Plan identifies Chihuahua Street as an Indus- trial Collector.
Letters sent to surrounding property owners: 19 In Favor: 1 Opposed: 0
STAFF COMMENTS
The proposed zone change is appropriate at this location. The change is consistent with the Comprehensive Plan's designation for this area as RetailIOffice. The proposed change is compatible with the existing commercial uses along the north side of Chihuahua Street.
P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff suu~ortsthe proposed zone change. approval of the zone change.
Page 1 of 2 Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: NATHAN R. BRATTON ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
Date: SUBJECT: FINAL READING OF ORDINANCE NO. 201 0-0- 169
11/08/10 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for the storage of flammable and explosive products on Lots 5,6, and 7, Block 1, San Isidro Business Park, located at 41 0 Crossroads Street; providing for publication and effective date. ZC-53-2010 Initiated by: Staff source: NM Edificios Keith Selman, Planning Director Steve La Mantia Prior action: This item was introduced by Gene Belmares at the regular meeting of October 18,2010. BACKGROUND
Council District: VI - Gene Belmares
Proposed use: Two (2) 7,000 Gallon tanks, one for on-road diesel and one for gasoline fuel
Site: The site is currently vacant.
Surrounding land uses: To the north are E. Hinojosa Calzado Ltd., Industrial Warehouses, Laredo Quality, Global Dispatch Services Inc., CH Robinson Worldwide Inc., Pasqual Herrnanos Forwarding Agency, Am Export Service and International Forwarding of Laredo. To the west are a vacant lots and industrial uses. To the east is are vacant lots and Paws & Claws Hotel & Spa. To the south are vacant lots and Loop 20.
Comprehensive Plan: The Comprehensive Plan identifies this area as WarehousetLight Industrial.
Transportation Plan: The Long Range Thoroughfare Plan does not identify Crossroads Street.
Letters sent to surrounding property owners: 6 In Favor: 0 Opposed: 0
STAFF COMMENTS
A Special Use Permit (SUP) is used for those types of uses that warrant individual attention on a case by case basis and should not be categorized in a zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects such as time, fencing, setbacks, landscaping, etc.
Staff supports the issuance of an SUP for the storage of flammable & explosive products and recom- mends that the following conditions be attached to the issuance of an SUP:
(Continued on next page) P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff sup~ortsthe Special Use. approval of the Special Use Permit.
Page 1 of 2 COUNCIL COMMUNICATION
Staff Comments (cont.)
1. The Special Use Permit is issued to NM Edificios and Steve La Mantia, and is non-transferable. 2. The Special Use Permit is restricted to the site plan, Exhibit "B," which is made part hereof for all purposes. 3. Provide a containment area around the fuel tanks. 4. The rear wall of the containment area will be two (2) feet higher than the other containment walls. 5. The contents of the proposed tank (see Exhibit "C") shall be limited to diesel and gasoline fuel. 6. The Special Use Permit shall comply with all Fire Code requirements including the location and treatment of the premises.
Page 2 of 2 ORDINANCE NO. 2010-0-169
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO AUTHORIZING A SPECIAL USE PERMIT FOR THE STORAGE OF FLAMMABLE AND EXPLOSIVE PRODUCTS ON LOTS 5,6, AND 7, BLOCK 1, SAN ISIDRO BUSINESS PARK, LOCATED AT 410 CROSSROADS STREET; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.
WHEREAS, a request has been received for a Special Use Permit for the storage of flammable and explosive products on Lots 5,6, and 7, Block 1, San Isidro Business Park, lo- cated at 4 10 Crossroads Street; and,
WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on September 16,2010; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom- mended approval of the of a Special Use Permit; and,
WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,
WHEREAS, the City Council has held a public hearing on November 8,201 0, on the re- quest and finds the Special Use Permit appropriate and consistent with the General Plan of the City of Laredo; and,
WHEREAS, all conditions imposed by the Special Use Permit, and all pertinent re- quirements the Laredo Land Development Code shall be met before the activity sanctioned by the Special Use Permit may commence; and,
WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The Zoning Map of the City of Laredo be and is hereby amended by autho- rizing a Special Use Permit for the storage of flammable and explosive products on Lots 5,6, and 7, Block 1, San Isidro Business Park, located at 410 Crossroads Street.
Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.
Section 3: The Special Use Permit is further restricted to the following provision here- with adopted by the City Council: 1. The Special Use Permit is issued to NM Edificios and Steve La Mantia, and is non- transferable. 2. The Special Use Permit is restricted to the site plan, Exhibit "B," which is made part he- reof for all purposes. 3. Provide a containment area around the fuel tanks. 4. The rear wall of the containment area will be two (2) feet higher than the other contain- ment walls. 5. The contents of the proposed tank (see Exhibit "C") shall be limited to diesel and gasoline fuel. 6. The Special Use Permit shall comply with all Fire Code requirements including the loca- tion and treatment of the premises.
Section 4: This ordinance shall become effective as and from the date of publication specified in Section 2.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAV~GUEVARA,JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: NATHAN R. BRATTON ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
DATE: SUBJECT: RESOLUTION NO. 201 0-R-027 CORRECTING A DUPLICATION OF THE NUMBERING OF RESOLUTION 2010-R-022, 11-08-2010 RATIFYING APPROVAL AND ACCEPTANCE OF THE DONATION OF A PARCEL OF LAND FOR ONE UTILITY EASEMENT FROM GABRIEL PEREZ AND ALBERTA PEREZ, FOR PUEBLO NUEVO SUBDIVISION EASEMENT ACQUISITION PROJECT; SAID PARCEL OF LAND, BEING A 600 SQUARE FOOT TRACT OF LAND OUT OF LOT 6, BLOCK 10, PUEBLO NUEVO SUBDIVISION, SAID TRACT CONVEYED BY DEED TO LUZ OLIVIA GONZALES, RECORDED IN VOLUME 1458, PAGES 200-203, OFFICIAL PUBLIC RECORDS, WEBB COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND A SURVEY; HERETO ATTACHED, AS EXHIBITS "A & "B, RESPECTIVELY INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director
PREVIOUS COUNCIL ACTION: On March 15, 2010 City Council adopted Resolution No. 2010-R-022 regarding naming rights with Laredo Energy IV, Laredo Hockey Holdings, L.P. and the City of Laredo and then again on April 19, 2010, the City Council approved Resolution No. 2010-R-022 on the above referenced donation of a parcel of land for a utility easement; however, the resolution number was incorrect. Therefore, this Resolution No. 2010-R-027 is now being submitted as a correction for public record. BACKGROUND:
The City of Laredo is in the process of finalizing the extension of utility service lines to Pueblo Nuevo Subdivision; among other Colonias, in conjunction with its agreement with Webb County.
The extension of utility service lines to Pueblo Nuevo Subdivision has required the donation of an additional tract for easement purposes, to provide for water and sewer services to residents of this Colonia.
In order to proceed with the extension of utility service lines to the Pueblo Nuevo Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement, as described in Exhibits "A & "B".
This resolution replaces the previous Resolution No. 2010-R-022 that was submitted in error.
FINANCIAL IMPACT: Land. Acct. 557-0000-161-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Resolution. RESOLUTION NO. 2010-R-027
CORRECTING A DUPLICATION OF THE NUMBERING 0 RESOLUTION 2010-R-022, RATIFYING APPROVAL AND ACCEPTANCE OF THE DONATION OF A PARCEL OF UTILITY EASEMENT FROM GABRIEL PEREZ AND ALBERTA PEREZ, FOR PUEBLO NUEVO SUBDIVISION EASEMENT ACQUISITION PROJECT; SAlD PARCEL OF LAND, BEING A 600 SQUARE FOOT TRACT OF LAND OUT OF LOT 6, BLOCK 10, PUEBLO NUEVO SUBDIVISION, SAlD TRACT CONVEYED BY DEED TO LUZ OLlVlA GONZALES, RECORDED IN VOLUME 1458, PAGES 200-203, OFFICIAL PUBLIC RECORDS, WEBB COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND A SURVEY; HERETO ATTACHED, AS EXHIBITS "A & "B", RESPECTIVELY.
WHEREAS, On April 19, 2010, the City Council approved Resolution No. 2010- R-022 on the above referenced donation of a parcel of land for a utility easement; however, the resolution number duplicated a prior resolution regarding naming rights with Laredo Energy IV, Laredo Hockey Holdings, L.P. and the City of Laredo passed on March 15, 2010. Therefore, this Resolution No. 2010-R-027 is passed as a correction for public record; and,
WHEREAS, the City of Laredo is in the process of extending utility service lines to the Pueblo Nuevo Subdivision as part of a joint Colonias Water and Sewer Service Extension Project with Webb County; and,
WHEREAS, the extension of water service lines to the Pueblo Nuevo Subdivision will expedite the delivery of utility services to residents of that area; and,
WHEREAS, in order to proceed with the extension of water and sewer service lines to the Pueblo Nuevo Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced parcel of land as a utility easement, as described in the attached, Exhibits "A & "B".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section I.It hereby accepts the donation of a parcel of land for one utility easement from Gabriel Perez and Alberta Perez for the Pueblo Nuevo Subdivision Easement Acquisition Project; said parcel of land, being a 600 square foot tract of land out of Lot 6, Block 10, Pueblo Nuevo Subdivision, said tract conveyed by deed to Luz Olivia Gonzales, recorded in Volume 1458, Pages 200-203, Official Public Records, Webb County, Texas, and being more particularly described by Metes and Bounds and a Survey; hereto, attached as Exhibits "A & "B", respectively.
Section 2. That Resolution 2010-R-022 as approved by City Council March 15, 201 0, refers to a "RESOLUTION AUTHORIZING AND APPROVING THE NAMING OF RIGHTS AGREEMENT BETWEEN LAREDO ENERGY IV, L.P., A TEXAS LIMITED PARTNERSHIP, LAREDO HOCKEY HOLDING, L.P., A TEXAS LIMITED PARTNERSHIP AND THE ClTY OF LAREDO, A HOME RULE MUNICIPALITY."
Section 3. This Resolution shall become effective upon passage thereof.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS, THE DAY OF ,2010
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR ClTY SECRETARY
APPROVED AS TO FORM: RAUL CASSO IV ClTY ATTORNEY
By: NATHAN R. BRATTON ASSISTANT ClTY ATTORNEY COUNCIL CQMMUNICATION
DATE: SUBJECT: RESOLUTION NO. 2010-R-022 Authorizing and approving the naming of rights agreement between Laredo Energy IV, L.P., a Texas Limited Partnership, Laredo Hockey Holdings, L.P., a Texas Limited 311 511 0 Partnership and the City of Laredo, a Home Rule Municipality.
I INITIATED BY: STAFF SOURCE:
Carlos Villarreal, City Manager Cynthia Collazo, Deputy City Manager Horacio De Leon, Assistant City Manager Martin Aleman, Budget Manager
I PREVIOUS COUNCIL ACTION:
Council approved License Agreement between the City of Laredo, Texas (the "Licensor"), and Laredo Hockey Holdings, L.P. a Texas limited partnership, dba Laredo Bucks (the "Licensee") on December 15, 2008.
BACKGROUND:
Pursuant to Section 4(i) of the License Agreement, LHH has the right to sell advertising and naming rights to the Arena; and selling them to Laredo Energy. In doing so, the Laredo Bucks will enjoy increased liquidity, and a financial boost that will allow them to move fonvard effectively. The name change of the Arena will be disclosed at a press conference, on March 17, 2010.
FINANCIAL IMPACT:
For the initial term of the Agreement; Licensee shall pay LHH a total of $1,240,000, payable as follows: (i) $275,00Oon the date hereof, (ii) $295,000 on the first anniversary of the date hereof, (iii) $320,000 on the second anniversary of the date hereof and (iv) $350,000 on the third anniversary of the date hereof which payment shall be credited through June 30,2014. Upon receipt of any annual payments from Licensee, LHH shall pay the first $150,000 of such payment to Owner within ten (10) days of its collection.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: / It is recommended that this resolution be adopted. RESOLUTION N0.2010-R-022
RESOLUTION AUTHORIZING AND APPROVING THE NAMING OF RIGHTS AGREEMENT BETWEEN LAREDO ENERGY IV, L.P., A TEXAS LIMITED PARTNNERSHIP, LAREDO HOCKEY HOLDINGS, L.P., A TEXAS LIMITED PARTNERSHIP AND THE ClTY OF LAREDO, A HOME RULE MUNICIPALITY.
WHEREAS, the City of Laredo owns and operates that sports complex locate at 6700 Arena blvd., currently known as the "Laredo Entertainment Center" (the "Arena"); and,
WHEREAS, Laredo Hockey Holdings is a party to a certain License Agreement with the City of Laredo dated December 1,2008; and,
WHEREAS, pursuant to said License Agreement, Laredo Hockey Holdings has the right to sell advertising and naming rights to the Arena; and,
WHEREAS, Laredo Hockey Holdings proposes to sell the naming rights to the Arena to Laredo Energy IV, L.P., and the City of Laredo consents to same; and,
WHEREAS, Laredo Energy IV, L.P. desires to obtain certain naming rights for the Arena; and,
WHEREAS, the City of Laredo desires to grant such naming rights, and has reviewed the proposed NAMING RIGHTS AGREEMENT, and has determined that the same should in all respects be approved and authorized,
BE IT THERFORE RESOLVED BY THE ClTY COUCNIL OF THE ClTY OF LAREDO, THEXAS THAT:
Section 1. City Council hereby authorizes and approves the NAMING RIGHTS AGREEMENT between Laredo Energy IV, L.P., Laredo Hockey Holdings, L.P.
Section 2. The City of Laredo consents to and approves the terms of the NAMING RIGHTS AGREEMENT, and hereby grants authority for the execution of the same.
Section 3. This Resolution shall be in force an effect from and after its final passage, and it is so resolved.
PASSED AND APPROVED THIS day of ,2010. CITY OF LAREDO, TEXAS
Raul G. Salinas, Mayor
ATTEST:
Gustavo Guevara, Jr., City Secretary
(CITY SEAL) COUNCIL COMMUNICATION
DATE: SUBJECT: RESOLUTION NO. 2018-R-022 Accepting the donation of a parcel of land for one utility easement from 04-19-201 0 Gabriel Perez and Alberta Perez, for the Pueblo Nuevo Subdivision easement Acquisition Project; said parcel of land, being a 600 square foot tract of land out of Lot 6, Block 10, Pueblo Nuevo Subdivision, said tract conveyed by deed to Luz Olivia Gonzales, recorded in Volume 1458, Pages 200-203, Official Public Records, Webb County, Texas, and being more particularly described by Metes and Bounds and a Survey; hereto attached, as Exhibits "A & "B", respectively. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director
PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Laredo is in the process of finalizing the extension of utility service lines to Pueblo Nuevo Subdivision; among other Colonias, in conjunction with its agreement with Webb County.
The extension of utility service lines to Pueblo Nuevo Subdivision has required the donation of an additional tract for some water and sewer easements in order to provide services to residents of this Colonia.
In order to proceed with the extension of utility service lines to the Pueblo Nuevo Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement, as described in Exhibits "A" & "B".
FINANCIAL IMPACT: Land. Acct. 557-0000-161 -0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Resolution. RESOLUTION NO. 2010-R-022
ACCEPTING THE DONATION OF A PARCEL OF LAND FOR ONE UTILITY EASEMENT FROM GABRIEL PEREZ AND ALBERTA PEREZ, FOR PUEBLO NUEVO SUBDIVISION EASEMENT ACQUISITION PROJECT; SAlD PARCEL OF LAND, BEING A 600 SQUARE FOOT TRACT OF LAND OUT OF LOT 6, BLOCK 10, PUEBLO NUEVO SUBDIVISION, SAlD TRACT CONVEYED BY DEED TO LUZ OLlVlA GONZALES, RECORDED IN VOLUME 1458, PAGES 200-203, OFFICIAL PUBLIC RECORDS, WEBB COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND A SURVEY; HERETO ATTACHED, AS EXHIBITS "A & "B", RESPECTIVELY.
WHEREAS, On April 19, 201 0, the City Council approved Resolution No. 201 0-R- 022 on the above referenced donation of a parcel of land for a utility easement; however, the resolution number was incorrect. Therefore, this Resolution No. 2010-R-027 is now being submitted as a correction for public record; and,
WHEREAS, the City of Laredo is in the process of extending utility service lines to the Pueblo Nuevo Subdivision as part of a joint Colonias Water and Sewer Service Extension Project with Webb County; and,
WHEREAS, the extension of water service lines to the Pueblo Nuevo Subdivision will expedite the delivery of utility services to residents of that area; and,
WHEREAS, in order to proceed with the extension of water and sewer service lines to the Pueblo Nuevo Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced parcel of land as a utility easement, as described in the attached, Exhibits "A & "B".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1. It hereby accepts the donation of a parcel of land for one utility easement from Gabriel Perez and Alberta Perez for the Pueblo Nuevo Subdivision Easement Acquisition Project; said parcel of land, being a 600 square foot tract of land out of Lot 6, Block 10, Pueblo Nuevo Subdivision, said tract conveyed by deed to Luz Olivia Gonzales, recorded in Volume 1458, Pages 200-203, Official Public Records, Webb County, Texas, and being more particularly described by Metes and Bounds and a Survey; hereto, attached as Exhibits "A & "B", respectively.
Section 2. This Resolution shall become effective upon passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS, THE DAY OF 2010
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVAW, JR CITY SECRETARY
APPROVED AS TO FORM: WUL CASSO IV CINATTORNEY
By: NATHAN R. BRATTON ASST. CITY ATTORNEY RESOLUTION NO. 201 0-R-022
ACCEPTING THE DONATION OF A PARCEL OF LAND FOR ONE UTILITY EASEMENT FROM GABRIEL PEREZ AND ALBERTA PEREZ, FOR PUEBLO NUEVO SUBDIVISION EASEMENT ACQUISITION PROJECT; SAlD PARCEL OF LAND, BEING A 600 SQUARE FOOT TRACT OF LAND OUT OF LOT 6, BLOCK 10, PUEBLO NUEVO SUBDIVISION, SAlD TRACT CONVEYED BY DEED TO LUZ OLlVlA GONZALES, RECORDED IN VOLUME 1458, PAGES 200-203, OFFICIAL PUBLIC RECORDS, WEBB COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND A SURVEY; HERETO ATTACHED, AS EXHIBITS "A & "B", RESPECTIVELY.
WHEREAS, the City of Laredo is in the process of extending utility service lines to the Pueblo Nuevo Subdivision as part of a joint Colonias Water and Sewer Service Extension Project with Webb County; and,
WHEREAS, the extension of water service lines to the Pueblo Nuevo Subdivision will expedite the delivery of utility services to residents of that area; and,
WHEREAS, in order to proceed with the extension of water and sewer service lines to the Pueblo Nuevo Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced parcel of land as a utility easement, as described in the attached, Exhibits "A" & "B".
NOW THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1. It hereby accepts the donation of a parcel of land for one utility easement from Gabriel Perez and Alberta Perez for the Pueblo Nuevo Subdivision Easement Acquisition Project; said parcel of land, being a 600 square foot tract of land out of Lot 6, Block 10, Pueblo Nuevo Subdivision, said tract conveyed by deed to Luz Olivia Gonzales, recorded in Volume 1458, Pages 200-203, Official Public Records, Webb County, Texas, and being more particularly described by Metes and Bounds and a Survey; hereto, attached as Exhibits "A & "B", respectively.
Section 2. This Resolution shall become effective upon passage thereof.
PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS, THE DAY OF , 2010.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO IV CITY ATTORNEY
By: NATHAN R. BRATTON ASST. CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Resolution # 2010-R-095
Authorizing City Manager to accept a grant from the Bulletproof Vest Partnership (BVP) program. The U. S. Department of Justice BVP program will fund $5,774, and the City of Laredo will designate $5,774 in matching funds for a total program budget of $11,548. Funding will be used to replace bulletproof vests that exceed the recommended life expectancy. Funding is available in the City of Laredo Special Police Programs.
I INITIATED BY: STAFF SOURCE:
Cynthia Collazo Carlos R. Maldonado Deputy City Manager Chief of Police
ACTION PROPOSED:
City Council approve this Resolution
BACKGROUND:
The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 (Public Law 105-181) and reauthorized by the BVP Act of 2000 (Public Law 106-517), is a unique U. S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. The Laredo Police Department is in need of replacing bulletproof vest annually. The BVP Grant will contribute 50% of the cost and the City of Laredo will designate the additional 50% of the cost.
FINANCIAL:
FUND: 229 - Special Police
U. S. Department of Justice BVP : $5,774
RECOMMENDATION: STAFF: Recommends the approval of this Resolution. Resolution # 2010-R-095
Authorizing City Manager to accept a grant from the Bulletproof Vest Partnership (BVP) program. The U. S. Department of Justice BVP program will fund $5,774, and the City of Laredo will designate $5,774 in matching funds for a total program budget of $11,548. Funding will be used to replace bulletproof vests that exceed the recommended life expectancy. Funding is available in the City of Laredo Special Police Programs.
Whereas, the City Council previously adopted the budget for fiscal year 2010-201 1; and
Whereas, funding in the Special Police Programs will be used to match the Bulletproof Vest Grant; and
Whereas, funding for the project is available in the Laredo Police Department Special Police Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO THAT:
Section 1: The U. S. Department of Justice BVP program will fund $5,774 and the City of Laredo will designate $5,774 in matching funds for a total program budget of $1 1,548. Funding will be used to replace bulletproof vests that exceed the recommended life expectancy. Funding is available in the City of Laredo Special Police.
PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010. RAUL SALINAS
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM:
RAUL CASSO CITY ATORNEY COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION 2010-R-098 AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT 11/08/2010 WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES THROUGH THE SOUTH TEXAS DEVELOPMENT COUNCIL FOR AN AMOUNT OF $136,022.00 FOR THE CONTINUATION OF THE HEALTH DEPARTMENT HIVIHEALTH & SOCIAL SERVICES, TERM FROM I SEPTEMBER 1,2010 THROUGH AUGUST 3 1,201 1. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On November 2, 2009 Council approved Ordinance No. 2009-0-192. BACKGROUND: The South Texas Development Council (STDC) through funding from the Texas Department of State Health Services (DSHS) has contracted with the City of Laredo for continuation of public health services to residents of Laredo and Webb County through the City of Laredo Health Department.
HTVtAIDS continues to pose a public health threat and through the STDCIDSHS resources, they have contracted with the City of Laredo Health Department HIVtAIDS and disease prevention experts to continue planning, prevention program services and health promotion.
Specifically, the HWAIDS Health and Social Services Project plans, develops and delivers comprehensive outpatient health and support services to meet identified needs of persons with HIV or the AIDS disease within the geographic area of Webb, Jim Hogg, Zapata, and Starr Counties. Services provided include case management, medical, nursing, dental care, insurance assistance, diagnostic, monitoring, medical follow-up services, mental health, developmental and rehabilitative seivices, home health services, personal care services, day treatment or other partial in-patient services, home intravenous and aerosolized drug therapy, routine diagnostic testing, hospice care, and other essential social support services. This grant is for the term beginning September 1, 2009 through August 3 1,2010. The number of FTE's supported by this project is 1.56.
FINANCIAL: The revenue account 226-0000-323-4050 is hereby decreased $1,655.00 for a total of $136,022.00 from the South Texas Development Council for the Health Department HIV/Health & Social Services Program. Expenditure division 226-6021, with project HESS03 is hereby decreased by $1,655.00 for a total of $136,022.00. The revenue account 222-0000-372-1000 is hereby increased by $1,655.00 and expenditure division 226-680 1-544-9900 is hereby increased by $1,655 .OO The total budget remains the same. RECOMMENDATION: STAFF: Recommends that Council approve the ordinance. HIVIHealth & Social Services Budget FY 2010-201 1 226-602 1 -HESS03
BUDGET'
. .APPROVED BUD. VENUES I I
FRINGE BENEFITS 22,968 TRAVEL 3,581 EQUIPMENT 0 SUPPLIES 11,320 CONTRACTUAL 14,420 THER I ! 12,957 I SUB-TOTAL $ 122,420 ADMINISTRATIVE COST 13.602 RESOLUTION 2010-R-098
AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT WITH THE TEXAS DEPARTMENT OF STATE WEALTH SERVICES THROUGH THE SOUTH TEXAS DEVELOPMENT COUNCIL FOR AN AMOUNT OF $136,022.00 FOR THE CONTINUATION OF THE HEALTH DEPARTMENT HIVIHEALTH & SOCIAL SERVICES, TERM FROM SEPTEMBER 1,2010 THROUGH AUGUST 31,2011.
WHEREAS, the South Texas Development Council (STDC) is contracting with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department through three of grants funded by STDC, and
WHEREAS, The purpose of the HIV/AIDS Health and Social Services Project is to plan, develop and deliver comprehensive outpatient health and support services to meet identified needs of persons with HIV or the AIDS disease within the geographic area of Webb, Jim Hogg, Zapata, and Stan Counties. Services provided include case management, medical, nursing, dental care, insurance assistance, diagnostic, monitoring, medical follow-up services, mental health, developmental and rehabilitative services, home health services, personal care services, day treatment or other partial in-patient services, home intravenous and aerosolized drug therapy, routine diagnostic testing, hospice care, and other essential social support services.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: Authorizing the City Manager to enter into contract with the South Texas Development Council for an amount of $136,022 for the continuation of NIVIHealth & Social Services term beginning September 1, 201 0 through August 3 1,2011.
Section 2: The revenue account 226-0000-323-4050 is hereby decreased $1,655.00 and the revenue account 222-0000-372- 1000 is hereby increased by $1,655.00.
Section 3: Expenditure division 226-6801-544-9900 is hereby increased by $1,655.00 and expenditure division 226-6021, with project HESS03 is hereby decreased by $1,655.00 for a total of $136,022.00. Total budget remains the same.
Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions as set forth by the South Texas Development Council to meet the necessary costs to accomplish the scope of work for the project. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
ON THIS DAY OF ,2010.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: Raul Casso, City Attorney
&ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2010-R-099 10/26/10 Supporting an application by Laredo Main Street for the designation of the City of Laredo, Texas, and the County of Webb as a Preserve America Community. Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; to enhance shared knowledge about our nations past and strengthening our regional identities and local pride. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Cynthia Collazo, Deputy City Manager
PREVIOUS COUNCIL ACTION: none.
BACKGROUND:
Laredo Main Street approached the City of Laredo requesting a resolution to make the City a Preserve America Community. This program supports community efforts to demonstrate sustainable uses of their historic and cultural sites, focusing on economic and educational opportunities related to heritage tourism. Possible grant amounts range from $20,000 to $250,000. Other benefits of designation include White House recognition; eligibility to apply for Preserve America Grants; a certificate of recognition; a Preserve America Community road sign; authorization to use the Preserve America logo on signs, flags, banners, and promotional materials; inclusion in national and regional press releases.
Laredo Main Street has already received letters of support for this initiative from Congressman Henry Cuellar, Laredo Community College Economic Development Center Director Jose F. Reyes, and Laredo Chamber of Commerce PresidentICEO Miguel A. Conchas.
FINANCIAL IMPACT: none
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:
It is recommended that this Resolution be approved. COUNCIL COMMUNICATION DATE: I SUBJECT: MOTION Consideration to award a contract to Antares Development Corporation in the amount of $300,000.00, utilizing the BuyBoard cooperative purchasing program contract award #33 1-09 for the continuation of Phase I11 of the data management system for Animal Control Services that will allow us to fully automate and archive the data system operations which will allow us to increase field operations, streamline services and improve inspections to better implement the animal and fowl ordinance allowing Animal Control Officers to enhance services and improve efficiency as well to improve enforcement of illegal pet vending, neglect and cruelty as well as monitor pet permits, pet registration and improve rabies control and prevention. Finally by completing Phase 111, we improve the data management infrastructure to support additional growth in the department data system improvement. Funding is available through the Health Department Budget.
I INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On September 7,2010, Council approved change order for the continuation of Phase I11 (Environmental Services). BACKGROUND:
The City of Laredo Health Department (CLHD) has embarked on a sustained effort to introduce new technologies and best practices into its business processes. The first project was the Vital Statistics Data Management Program (VSDM) implemented with the technical services support from Antares Development Corporation (Antares). Then through the buy board contract Phase I11 was initiated to further automate, archive and streamline data system operations particularly to improve Environmental Health Services mobile business processes for food permits, food safety management, inspections and enforcement. This request is to continue with the efforts of Phase I11 for Animal Control to automate and increase field operations by streamlining services, improve inspections, better implement the animal and fowl ordinance allowing Animal Control Officers to enhance services and improve efficiency as well to improve enforcement of illegal pet vending, neglect and cruelty as well enforce and monitor pet permits, pet registration and rabies control. Finally by completing phase I11 we improve the data management infrastructure to support this automation effort.
By continuing with Phase 111, we can accomplish the goal of an integrated electronic document and data management system to support not just environmental and animal control services but the same software infrastructure with enhancements will support electronic forms, mobile field data capture, automated enforcement systems and improved documentation through electronic forms and mobile field computing equipment.
FINANCIAL: The accounts that will be used are 226-6800-543-5526 ($150,000.00) and
- - - - - 226-6007-543-5526-- - . - - - - ($17 -- 50.000.00~. -7- - -/- RECOMMENDATION: I STAFF: Recommends that Council approve I the motion. COUNCIL COMMUNICATION DATE: I SUBJECT: MOTION Considerations to rescind the bid award at the 9120110, City Council meeting, to Barney's Police Supplies, Lafayette, LA., for the purchase of duty ammunition for the Police Department, and award a contract to next lowest bidder meeting specifications, Bailey House of Guns, Inc., Houston, Texas in the estimated amount of $85,998.26. Barney's Police Supplies was unable to provide the ammunition requested by the department. Funding is available in Police Department budget.
INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Carlos Maldonado, Chief of Police Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: On 9120110 a motion was presented and approved by the City Council to award a contract to the low bidder Barney's Police Supplies for the of &unition for the Police Department.
BACKGROUND: The City received twelve bids for the purchase of assorted duty and practice ammunition for the Police Department. It was recommended that contract be awarded the low bidders, Precision Delta Corp. and Barney's Police Supplies. It has now been determined that the ammunition proposed by Barney's Police Supplies does not meet the requirements of the Police Department.
Vendor Item QtY Unit Price Total Bailey's House of Guns .223 cal 194,000 $0.44329 $ 85,998.26 Int'l Cartridge Corp .223 cal $ 92,563.22 G.T. Distributors .223 cal $ 96,786.60 Lawmen's' & Shooters .223 cal $100,880.00 Botach Tactical .223 cal $100,880.00 Gulf States Dist. Inc. .223 cal $105,544.00 Precision Delta .223 cal $1 11,550.00 Precision Delta Corp .223 cal $1 19'3 19.00 Pierce Performance Ammun. ,223 cal $124,160.00 Kirkpatrick's Guns & Ammo .223 cal $126,100.00 Kirkpatrick's Guns & Ammo ,223 cal $155,200.00 Barney's Police Supplies .223 cal $ 51,992.00 Not duty ammo Bailey's House of Guns .223 cal $ 52,998.86 Not duty ammo BVAC Inc .223 cal $60,138.06 Private label ammo
FINANCIAL IMPACT: Funds for the purchase of ammunition is available from the Police Trust Fund, material & supplies srnrnunition and General Fund materials & supplies - ammunition line item budgets.
Account Numbers 665-2300-522-2500 101-2366-255-2500
STAFF RECOMMENDATION: Staff recommends that this action be authorized. COUNCIL COMMUNICATION
DATE: SUBJECT: MOTIONS Consideration to authorize a contract in the amount of $151,786.28 with Allen 11/08/10 Vanguard, Ottawa, On. , Canada for the purchase of four (4) EOD Bomb Squad Suits for the Police Department's bomb squad. Allen Vanguard is the sole source manufacturer of the EOD Bomb Squad Suits. Funding is available in the Police Home Land Security Grant and Police Trust Fund.
INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Carlos Maldonado, Chief of Police Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Suits were purchase from Med-Eng Systems, Inc. on February 20, 2007. Med-Eng Systems, Inc. was purchase by Allen Vanguard in 2008.
BACKGROUND: Allen Vanguard, which is the sole supplier for the EOD 9 Protective Equipment in this area. The EOD 9 protective equipment was selected by the Police Department. The four (4) bomb suits will be used to replace two (2) bomb suits that were purchased three years ago and the other two (2) will be added to their inventory.
FINANCIAL IMPACT:
Funding for this project are available from the following accounts:
Homeland Security Grant: 101-5217-525-9001 Police Trust Fund: 665-2300-525-9001
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this action be approved COUNCIL COMMUNICATION
DATE: SUBJECT: MOTIONS 11/08/10 Consideration to award annual service contract FYI 1-003 to the lowest bidder Cantu Electric, Laredo, ,TX in the estimated amount of $300,000 for the furnishing of materials, machinery, equipment, labor, and all other services necessary for the maintenance of street lights (not maintained by AEP-CPL) and traffic signal lights throughout the city. The contract includes electrical services for traffic signals and street lights and for installation, construction, and underground work, for new andlor upgraded traffic signals and for the installation and maintenance of street lights. This contract also contains provisions for city departmental electrical service projects and repairs. Funding is available in the Traffic Safety budget. INITIATED BY: STAFF SOURCE Jesus Olivares, Assistant City Manager Roberto Murillo, Traffic Department Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received two bids for an annual service contract for providing electrical services for maintenance of street lights within the Central Business District not maintained by AEP- CPL. This contract also consists of providing services for the maintenance of new or existing traffic lights in the City of Laredo. All services will be secured on an as needed basis. The bid pricing is based on a unit cost per type of electrical service required. Staff has reviewed the bids submitted and is recommending that a contract be awarded to the lowest bidder, Cantu Electric.
A complete bid summary is attached.
FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Traffic Safety Division Account Number: 101-26 13-522-3045 Account Number: 462-9853-535-95 16 Account Number: 462-9853-535-9587 Account Number: 5 18-5190-585-9301
*Other Department Contracts as needed.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. Bid Tabulation FY 11-003 Electrical Sewices Otober 14.2010 3:00 P.M.
Description of Bid Item Est. Qty Unit of Measure Extended Price Unit of Measure Extended Price Service call not requiring the usage olany heavy equipmendmachinery: Only the use of a service wck. lncludes labor to m&e minor repalr Flat Rate (Each) Flat Rate (Each) and identify malfunctions reported by the Traffic Safety Dept. 75 $ 75.00 $ 5,625.00 $ 65.00 $ 4,875.00 8:00 A.M. lo 5:OO P.M. Monday Iltru Friday Service call not requiring the usage of any heavy equlpmendmachrnery. Only the use ofa service truck. lncludes labor to m&e minor repairs and ident~fymalfunctions reported by the Traffic Safe9 Dept. 5:00 P.M. lo 8:00 AM. Mortday llzru Friday urtd 24 Hour Busis On Weekettdr rurdHolidays Service and repair Street Luminaries lor poles up to 50' in height. Includes. Ballasts, lamps, lens, and/or lamp assemblies. Equipment and Flat Rate (Unit) Flat Rate (Unit) labor included in a Flat rate per unit 250 $ 120.00 $ 30,000.00 $ 170.00 $ 42,500.00 CortrrueIorpro~~ides,rra~erials 8:00 A.M. lo 5:00 P.M. Mortday IBru Fridrry Service and repair Street Lumlnarles for poles up to 50' in height: Includes. Ballasts, lamps, lens, and/or lamp assembltes Equipment and labor included In a Flat rate per unit. Molerialsprovided by be Trufpc DepL 8:00 A.M. lo 5:00 P.M. Mnrrday rltrtr Friduy Service and repair Street Lumlnanes for poles up to 50' in height: Includes. Ballass, lamps, lens, andlor lamp assemblies Equlpment and labor included m a Flat rate per unit. Corrlrodorpro~~*les111aIeria1s 5100 P.M. lo 8:OO A.M. Morrduy Iltrrr Friday usd 2.1 Hour Basis 01,Weekeltds undHoliduys Servlce and repair Street Luminaries for poles up to 50' In helght: Includes: Ballasts, lamps, lens, andlor lamp assemblies Equlpment and labor included in a Flat rate per unlt Moleri~lspror~idedby Ilte Traffic DepL 5:00 P.M. lo 8:OO A.M. Moaday lltru Fridoy und 2-1 Hour Busis Ou Weeke~tdrurdHoliduys Installation or removal of illumination poles up to 50' long. lncludes the transporting to from traffic yard to destination, equipment to do the task, and labor to accomplish assignment Maferiolsprovided by lhe Traffic DepL 8:OO A.M. lo PO0 P.M. Morrrlay lltru Friday lnstallation or removal of ~lluminationpoles up to 50' long, Includes the transportingto from traffic yard to destination, equipment to do the the task and labor to accomplish assignment. MWeriulsprovided by the Traffic DepL 5:OO P.M. lo 8:00 A.M. Mmday lltru Friduy and 2.1 Hour Baris On Weekettdr und Holiduys Loadingitransportingof traffic slgnal or ~lluminationpoles behveen traffic yard and work sites when requested by Laredo Traffrc Dept Rate Per Hour Rate Per Hour requested by Laredo Traffic Dept. 25 $ 100.00 $ $ 30000 $ Use of Pole-semng machine capable of handling 19' to 30' high stgnal poles with 18' to 48' Mast arms lncludes labor and personnel. 75 $ 10000 $ $ 16500 $ 8:OO A.M. lo 5:OO P.M. Monduy dru Friduy Use of Pole-setting machane capable of handling 19' to 30' high signal poles wlth 18' to 48' Mast arms, lncludes labor and personnel. 5:OO P.M. lo 8:OOA.M. Mmday bru Friduy ned 2.1 Hour Basis On Weeke~tdrartdHolidays Installation of wooden pole lncludes equipment, personnel, and cleanup ofdirt, trash and debris upon completion of assignment. Work involves Flat Rate (Each) Flat Rate (Each) transporting and installing pole and anchor rods from Traffic Dept. 12 $ 500.00 $ $ 360.00 $ Drill shaft complete with concrete foundation as per specifications, 5' depth, and 24" diameter with conduit preparations for pedestal poles and 20 $ 450.00 $ $ 625.00 $ school flashers. lncludes equlp, labor, personnel, and cleanup aftenvards. A~~cltorboll usse~~~bliesprovidedby Ilte Traffic DepL TXDOTSPECS Drill shaft complete with concrete foundation as per specifications, 10' - 12' In depth, and 30' - 36' dlameter with conduit preparation for traffic signal poles. lncludes equip, labor, personnel, and cleanup afterwards Asdtor boll arse11161ierpro~~idedby 11,- TXDOTSPECS Drill shaft complete with concrete foundallon as per specificatrons,20' in depth, and 42' - 48' diameter with conduit preparation for traffic signal poles lncludes equip, labor, personnel, and cleanup afterwards A~tdtorbolt ussen~bliespro~~idedby IIte Truffic Depl TXDOTSPECS Provide (150 Wans) Ballast for High Pressure Sodium Light Bulb for street ~lluminat~on,lnstallation labor not included Provide (250 Watts) Ballast for High Pressure Sodium Light Bulb for street illuminat~on Installation labor not included. Provide (400 Watts) Ballast for Ngh Pressure Sodium Light Bulb for street illuminahon, Installation labor not included. Provide (1000 Waits) Ballast for High Pressure Sodium Light Bulb for street illumination. htallation labor not included. Bid Tabulation FY 11-003 Electrical Services Otober 14,2010 3:00 P.M.
Description of Bid Itern Est. Qty Unit of Measure Extended Price Unit of Measure Extended Price Provide 6AWG conductor wire for street lights and AC power sewice. Linear Foot Rate Linear Foot Rate lnstallatlon labor not included $ 0.65 $ 650.00 $ 0.70 $ 700.00 Provlde (150 Wans) L~ghtBulb for Hlgh Pressure Sodium street light fixture, lnstallation labor not included. $ 21.83 $ 218.30 $ 17.00 $ 170.00 Provlde (250 Wans) Light Bulb for High Pressure Sodium street light fisture lnstallation labor not included $ 21.83 $ 218.30 $ 17.00 $ 170.00 Provide (400 Wans) Light Bulb for High Pressure Sodlum street light fixture. lnstallataon labor not Included $ 21.83 $ 218.30 $ 1700 $ 170.00 Provide (1000 Watts) Light Bulb for High Pressure Sodium street light fixture lnstallatlon labor not Included $ 69.62 $ 696.20 $ 4000 $ 400.00 Backhoe to escavate minimum 2'. maximum 5' deep. lncludes all Rate Per Hour Rate Per Hour personnel and equipment to remove din, debris, and/or trash as needed. $ 55.00 $ 1,320 00 $ 95 00 $ 2,280 00 8:00 A.M. to 5:OO P.M. Monday Iltrtt Friduy Backhoe to escavate mlnimum 2'. maximum 5' deep. lncludes all personnel and equipment to remove din, debris, andlor trash as needed. 5100P.M. to 8:00 A.M. Monday bru Friduy arrd 2J Hour Busis On Weekends rmdHoliduys Lrnear Foot Rate Linear Foot Rate Provide and install slamese cable for vir,ids $ 1000 $ 1,000.00 $ 4.50 $ 450.00 Provide and install siamese cable for vivids ( Matenals prov~dedby the Traffic Dept.) $ 7.50 $ 750.00 $ 6.25 $ 625 00 Trenching on concrete surface minimum 2', maximum 5' deep and 12" wide. Includes equlpment, labor, personnel, and removal of all dm, Linear Foot Rate Linear Foot Rate debns, andlor trash. Resurface surface grade completely $ 8.50 $ 1,275.00 $ 11.50 $ 1,725.00 Trenching on asphalt surface mlnimum 2'. maximum 5' deep and 12" wide. lncludes equipment, labor, personnel, and removal of dl din, $ 3.00 $ 1,500.00 $ 9.50 $ 4,750 00 debris, andlor trash. Resurface surface grade completely Trenchtng on dirt surface mrnimum 2'. maximum 5' deep and 12" wide. lncludes equipment, labor, personnel, and removal ofall din, debris. and/or trash. Resurface surfacce grade completely Boring on dirt for lnstallatlonof 2" - 3" underground conduit. lncludes installing of wnduit, equipment, labor, and personnel. lncludes removal of debris, and orltrash. Resurface surface grade completely. Boring on dirt for installation of 4" underground conduit. lncludes installing of condult, equlpment. labor, and personnel. lncludes removal of debns, and orltrash. Resurface surface grade completely. Boringon rock for installation of 2" - 3" underground conduit. Includes installing of conduit, equipment, labor, and personnel lncludes removal of debris, and oduash Resurface surface grade completely. Boring on rock for installation of 4" underground conduit. Includes installing of conduit, equipment, labor, and personnel. lncludes removal of debris, and orltrash. Resurface surface grade completely. lnstallation of 1" PVC conduit complete includes labor and material. lncludes removal of debris, and orltrash. Resurface surface grade completely. Installation of 1" PVC conduit complete. Includes removal of debns, and orltrash. Resurface surface grade completely. MderiiuLrpro~dedby Ute Traffic DepL Installation of 1-114" PVC conduit complete includes labor and material. Includes removal of debris, and orltrash. Resurface surface grade completely. Installation of 1-114" PVC conduit complete. lncludes removal of debns, and odtrash Resurface surface grade completely MaIerialsprovidd by !Ice Traffic DepL lnstallation of 2 - 3" PVC conduit complete includes labor and material. lncludes removal of debris, and orltrash. Resurface surface grade completely. Installation of 2"- 3" PVC conduit complete. lncludes removal of debris, and orltrash. Resurface surface grade completely MaIerials provided by Ilze Traffic DepL Installation of4" PVC conduit complete ~ncludeslabor and material. Includes removal of debns, and orltrash. Resurface surface grade completely lnstallat~onof 4" PVC condull. lncludes removal of debris, and orltrash. Resurface surface grade completely. MaIerialspro~~irledby !Ice Traffic Depr Saw cut concrete pavement and install loop detector loops (114" widths 1 Vdepth minimum) includes all equipment, labor, and materials as per specls Saw cut concrete pavement and install loop detector loops (114" width a 1 112" depth minimum) Wire to be provided by Traffic DepL Saw cut asphalt pavement and install loop detector loops (114" widths 1 112" depth mmlmum) includes all equip, labor & materials as per specs $ 165 $ 1,650.00 $ 5.00 $ 5,000 00 Saw cut asphalt pavement and install loop detector loops (114" width x 1 IIZ" depth minimum) Wire to be provided by Traflc Dept $ 125 $ 1,250.00 $ 4.20 $ 4,200.00 Concrete foundation for traffic signal controller cabinet as perspecifications. (45" width x 24" depths 48" height) Flat Rate (Each) Flat Rate (Each) (Including a concrele pad forfronl access to cabha according to ZYDOTSPECS) $ 2,500.00 $ 15,000.00 $ 1,100.00 $ 6,600.00 Bid Tabulation FYll-003 Electrical Sewices Otober 14,2010 3:00 P.M.
--- Description of Bid ltetn Est. Qty Unit of Measure Extended Price Unit of Measure Extended Pnce Installation of pull box complete \\,/apron including labor and cleanup according to spec~fications 50 $ 300.00 $ 450.00 Install #6 cable wire up to three conductors for steel lights or traffic Linear Foot Rate Linear Foot Rate signals. Includes all equxpment and labor $ 1.90 $ 0.75 Provlde and install # 12 cable wire 7 conductor aerial for traffic signals. aerial for traffic signals. $ 2 50 $ 1.75 Provlde and install #I2 cable wire 7 conductor underground for traff~csignals $ 2 25 $ 1.95 Provide and install #I2 cable wire 5 wnductor aerial for traffic signals. aerial for traffic s~gnals. $ 1 80 $ 1.45 Provide and install #I2 cable wire 5 conductor underground for traflic signals $ 1 50 $ 155 Provide and install coaxial cable for antenna and radio communications For Mast arm to Cabinet. $ 1 50 $ 2.05 Provlde and install Category 5 cable for video commun~cationsfrom $ 1 65 $ 1.25 Mast arm to Cabinet. Provide and install #I2 cable wire 3 conductor for traffic slgnals $ 1.25 $ 1,250.00 $ 1 75 $ 1,750 00 Enlarging pre-existing cement loundatlons for traflic signals Flat Rate (Each) Flat Rate (Each) for traffic cabinets. $ 400.00 $ 4,000 00 $ 150.00 $ 1,500 00 Linear Foot Rate Linear Foot Rate Provide and lnstall # 12 cable wire I2 conductor aenal for traffic signals $ 3.25 $ 3,250 00 $ 2.25 $ 2,250 00 Provrde and lnstall ,412 cable wire I2 wnductor underground for traffic signals $ 3.00 $ 6,000.00 $ 2.35 $ 4,700.00 Prov~deand lnstall 1 114" Rigid metal conduit complete $ 350 $ 875.00 $ 3.55 $ 887 50 Install and wire 3 section traffic s~gnalcomplete. Flat Rate (Each) Flat Rate (Each) Murerials provided by Il~eTraffic DepL $ 125.00 $ 2,500.00 $ 300.00 $ 6,000.00 lnstall and wire 4 section traffic signal complete. $ 50.00 $ 600.00 $ 400 00 $ 4,800.00 MuIeriubprovided by IIte Truffic DepL lnstall and wtre 5 section traffic signal complete. MuIeriuls provided by MufficDepL Install and wre Pedestrian WLWDWLK assembly Plus Push bunodsip. Mureriulsprovided by Ute Truffi DepL Clean, strip, and paint Mast arms up to 35' including pole and base. Co~thadorprol~iderp~tdm1d t11uIeriuls Clem strip, and pant Pedestrian signal pole up to 10' including base. CotthacIorprov*lerpui~rIand ~ttuIeriaIs Bid for testing lab of concrete foundations for Mast armsiPoles $ 75.00 $ 1,500 00 $ 30.00 $ 600.00 Bid to Saw Cut concretelasphalt(sidewalk, curbs) emergency repairs. Linear Foot Rate L~nearFoot Rate (Sidewalk, Curbs) Emergency repairs. Includes equlp, personnel, labor. $ 5.00 $ 5,000.00 $ 1.95 $ 1,950 00 Bid to replace / repair concrete and /or asphalt according to City $ 5.00 $ 5,000.00 $ 21.50 $ 21,500.00 construction specifications lnstall #I2 cable wire 7 conductor aerial for trailic signals Muteriialspro~idedby I11e Trafic DepL Install #I2 cable wire 7 conductor underground for traklic signals. MuIerialsprovided by Ilze Traffic DepL Install #I2 cable wire 5 conductor aerial for traffic signals Marerialsprovided by Ute Traffic DepL Install # 12 cable wire 5 conductor underground for traffic slgnals. Muferialspro~~idedby flte Trafic DepL Install coaxial cable for antenna & radio commurucations for Mast arm to Cabinet. Moleriolspro~~idedby I11e Trnfli DepL Install Category 5 cable for video communicationsfrom Mast arm to Cabinet. Mruerialspro~~idedby Ilte Trafic DepL Install #I2 cable wlre 3 conductor for traffic signals. Materiulsprovided by the Trufic DepL Install U12 cable wire 12 conductor aerial for hafiic signals. Maferiallspro~~idedby IIze Trafic DepL Install #I2 cable wire 12 conductor underground for traffic signals Mrueriulsprovided by flze Traffic DepL Install 1 114" Ri~dmetal conduit complete Mruerinlsprovided by tlte Traffic DepL Use of Vacuum Truck to Pot-hole for underground utilities Includes equipment, labor, personnel $ 85 00 $ 17,000.00 $ 95 00 $ 19,000.00 Install ADA ramps as required by CilymOTspecifications as Rate per Ramp Rate per Ramp
Bid Tabulation FY 11-003 Electrical Services Otober 14,2010 3:00 P.M.
Description of Bid Itetn Est. Qty Unit of Measure Extended Price Unit of Measure Extended Price Install #I2 cable wire 9 conductor-aerial for Traffic Signals. Muleriulsprol~idedby TrafficD~cpoIintertl 1,000 $ 1.25 $ 1,250 00 $ 0.50 $ 500.00 Install #I2 cable wire 2 conductor-underground1for Traffic Signals. Muteriakprovided by TruflicDcpnnnlenl 1,000 $ 0.80 $ 800.00 $ 0.60 $ 600.00 lnstall # I2 cable wlre 4 conductor-underground for Traffic Signals MuteriuIsprot~idedby Truffle Depun,,terrr 1,000 $ 1.00 $ 1,000.00 $ 0.60 $ 600.00 Install # 12 cable wire 9 conductor-underground for Trafh Sipals. Muteriulsprovided by Truffic DepaIi~ttet~t 1,000 $ 1.25 $ 1,250 00 $ 0.60 $ 600.00 Providellnstall #I2 cable ire2 conductor-aerial for Traffic Signals 500 $ 1.25 $ 625.00 $ 0.80 $ 400.00 Providellnstall #I2 cable wire 4 conductor-aerial for Traffic Signals 500 $ 1.35 $ 675.00 $ 1.10 $ 550.00 Providellnstall #I2 cable wire 9 conductor-aerial for Traffic Signals 500 $ 2.50 $ 1,250.00 $ 2.00 $ 1,000.00 Providehstall #I2 cable wire 2 conductor-underground1for Traffic Signals 500 $ 1.25 $ 625.00 $ 0.80 $ 400.00 Providellnstall #I2 cable wire 4 conductor-underground for Tratfic Signals 500 $ 125 $ 625.00 $ 1.10 $ 550.00 Provldellnstall #I2 cable wtre 9 conductor-underground for Traflic Signals 500 $ 2.50 $ 1,250 00 $ 2.00 $ 1,000 00 Rate Per Hour Rate Per Hour Use of a Welder and/or Cutting TorchIGnnder. Contractor pmvldes equipment, labor, materials. $ 7000 $ 840.00 $ 65.00 $ 780.00 Emergency Use of a Welder andior Cutting TorchJGrinder. Contractor pro\'ides equipment, labor, materials $ 90.00 $ 1,080 00 $ 65.00 $ 780.00 Flat Rate (Each) Flat Rate (Each) Install ADA push button n,/sip and wiring. Mu1crialsprovided by Traffic ~eprrri~ue~zl $ 150.00 $ 4,800 00 $ 275.00 $ 8,800 00 ROW Construct~onPermit-Includes the Trafic Control Plan, Sips, and compliances w~thCity of Laredo Regulations $ 250.00 $ 25,000.00 $ 275.00 $ 27,500.00 Rate Per Hour Rate Per Hour Cut branches off of trees that are obstructing Traffic lights/street lamps 100 $ 85.00 $ 8,500.00 Estimated Total $ 618,282.98
Equipment Listed COUNCIL COMMUNICATION
DATE: SUBJECT: MOTION Award of construction contract to the lowest bidder Reim Construction, Inc., Alton, Texas, in the 11/08/10 amount of $390,588.50 for the Airport Truck Route - Thomas Avenue Extension with a construction contract time of forty (40) working days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Funding is available in the Airport Construction Fund.
INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The project consists of street paving improvements that include asphalt and concrete pavement construction and related excavation and incidentals.
Plans and specifications were prepared by Porras Nance Engineering, Laredo, Texas.
Four (4) bids were received at the City Secretary's Office at 4:00 P.M. on Thursday, September 30,2010, and publicly opened, read, and taken under advisement on Friday, October 1,2010, at 1 1:00 P.M. as follows:
Contractor (Bidder) Base Bid 1. Reim Construction, Inc. $392,090.00 Alton, Texas $390,588.50 - Corrected Amount 2. Zertuche Construction, LLC. $410,628.19 Laredo, Texas 3. ALC Construction, Inc. $420,087.75 Laredo, Texas 4. Anderson Columbia Company $606,923.40 Weslaco, Texas
The bid and bid bonds for Reim Construction, Inc., Alton, Texas, were checked and found to be in order. Staff therefore recommends award in the amount of $390,588.50 to the lowest bidder Reim Construction, Inc., Alton, Texas.
Bid submitted by Reim Construction, Inc., herewith attached.
Construction contract time is forty (40) working days after notice to proceed is issued.
FINANCIAL IMPACT: Funding is available in the Airport Construction Fund Account: 433-3687-565-9301 (Improvements other than buildings).
COMMITTEE RECOIMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. Page I of 13
BID PROPOSAL
To: The City of Laredo, Texas
Honorable Raul G. Salinas, Mayor
Contractor Address: ~4ewclrCa Phone: 7-ng57i)"j Fax: ~a+-5~-am5
PROJECT: "Airport Truck Route - Thomas Ave. Extension"
Pursuant to Notice to Bidders, the undersigned bidder hereby proposes to furnish the labor, materials, and equipment in accordance with the plans and specifications, general conditions of the agreement, special provisions of the Agreement, and Addenda, if any. The bidder binds himself upon acceptance of his proposal to execute a contract and bonds accompanying form of performing and completing the said work within the time stated as required by the detailed specifications at the following unit prices. The quantities shown below are based on the Engineer's estimate of quantities and it is agreed that the quantities may be increased or diminished, and may be considered necessary in the opinion of the City of Laredo, Texas to complete the work fully as planned and contemplated, and that all quantities of work, either increased or decreased, are to be performed at the unit prices set forth below (except as provided in the General Conditions of the Agreement or the specifications, the contract documents).
Acknowledgment of Addenda: (Please initial and date):
Addendum No. 1: Addendum No. 2: Addendum No. 3 : Addendum No. 4: Addendum No. 5 : Acknowledgment of other documents: (Please initial and date): Wage Determination: . q 3 O -- '0 l-4 biz Labor Provisions: v Aq Affirmative Action Program: 4 - ?s 0' lO @ bL Page 2 of 13 AFFIDAVIT
PROJECT: "Airport Truck Route - Thomas Ave. Extension"
Form of Non-Collusive Affidavit
STATE OF TEXAS () COUNTY OF WEBB (j
\.. being first duly sw
That he is 't'/&k 04 RFI M hh~&~. (A Partner of Officer of the fm of, etc.) the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said Bidder has not colluded,' conspired, connived or agreed, directly or indirectly, with any Bidder or Person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or of any other Bidder or to fix any overhead, profit or cost element of said bid price, or of that of any other Bidder, or to secure any advantage against the City of Laredo or any person interested in the proposed Contract; and that all statements in said proposal or bid are true. 4&7% Signa re of
Bidder, if the Bidder is an individual Partner, if the Bidder is a Partnership Officer, if the Bidder is a Corporation d
Subscribed and sworn before me this '30j4ay of-OW Proposal Continued CITY OF LAREDO Alrport Truck Route-Thomas Ave. Extension Page 3 of 13 CITY OF LAREDO ENGINEBRINO DEPARTMENT Brn SCHEDULE PROJECT :AIRPORT TRUCK ROUTE - THOMAS AVE, EXTENSION
$chedult- of unit Prict Work - BASE BID Furnish and Install 18" Reinforced Concrete Pipe (RCP) at Dollars 304 L.F. 116 $%,60 $3,858).@ and Cents ..-c Per Linear Foot I h Furnish and Install Curb Inlets (10') .~nrcw'GwMt &%'''* ollars *% 312 EA I $3,~/342+L/35 nnd tU 0 Cents Per Each
Remove and Dispose of Concrete Sidewalk at ('jflQ. 00 402.1 S.P. 1157 $ /. -. $ I, 57~.~5 and NU Cents Per Square Foot
Removc and Dispose of Reinforced Concrete Pipe (All Sizerr)-. 402.2 at r\A@e~ Dollars L.F. 155 S/~S$3,653.3 ~d TUA‘~~!R~< Cents Per Linear Foor
Removc ;\rid Dispose of Asphalt Pavement and Driveways Outside of Street Excavation Limits. -.. . 402.3 at DoIInrs S.Y. 730 $ 5,2 $ '3,3,650.* md NO Cents Per Square Yards
Furnish and Install 4" PVC Utility Conduits at 422.1 LF. 252 15 ,cO 3 '7 YQ.2 and Cents Per Linear Foot
'4-12 Bidd~r'sInitials
ann 11nn I% VU J 01 'PI Al A7/AC/CA Proposal Continued CITY OF LAREDO Alrporl Truck RoutbThomas Ave. Extension Ppge 4 of 13
430.1 at -~u\.rae . Dollars and WQrAy q4-e Cents Per Squere Foot
Furnish and Install Pedestdan Ramps (Type 1)
430.2 atofie4~~~~fl~~fd~u~,A $blaoc ,~/,y00,~2 and NO Cents Per Fsh
Street Excavation and Disposal a Dollm 502.1 R& C.Y.1286 S5.e $b75/a51! and T~PC-~(ke cttlt~ Per Cubic Yard
Embankment at F,q e 502.2 C.Y. 100 $ 5.22 $ 6550. *j and Cents Per Cubic Yard
Subgrade Preparation at %JS& Dollars a 502.3 SY. 4875 S 3 ' s /? bds. md- N 1) . ants Per Square Yards
Furnish and Install Reinforced Concrete Pavement (1 1" thick) (CL HES) 504 at b Dollars S.Y. 1250 $5g,% $%,~fl.- and Ccnts Per Square Yards &
A-13 Bidder's Initials [Mbp Proposal Continued CITY OF LAREDO Airport Truck Route-Thomas Ave. Extension Page 5 of 13
Furnish and Install Prime Coat fly at DILJz ~ol~ars - 516 S.Y. 4875 $ I,@ $ y % and d"Jb Cents Per Square Yard
Furnish and Install Type "C" Hot Mix Asphalt Concrete (HMAC) Surface Course (2" Compacted Depth) (PG 70-22) (SAC B) 02 33 520.1 S.Y. 3003 $ ill $3307- at z/eI/Q L ~ollars and n/ 0 Cents Per Square Yard
Furnish and Install Type "B" Hot Mix Asphalt Concrete (HMAC) Base (3" Compacted Depth) (PG 70-22) 6 00 520.2 S.Y. 4875 $ 1.3.~ $43,3'7s- at -Th,;+a% d ~o~lars and /yo Cents Per Square Yard
Furnish and Install TypeMB"Hot Mix Asphalt Concrete (HMAC) Base (5" Compacted Depth) (PG 70-22) 50 520.3 S.Y. 3003 $251 $ 7457ke at Tii)ed.t F'IP ~011ars and "8 Cents Per Square Yard
Furnish, Install and Remove Silt Fence
at Three DOI~~~S 3 0% 602.1 L.F. 300 $ $ 9004 " and Nd cents Per Linear Foot
Bidder's Initials [t-2 /.Rl Proposal Continued Alrpolt Truck Route-Thomas Ave. Extension Page 6 of 13
Per Each
hand lnstaIl Permanent Type IIl Barricade with Sign Fvhflmed at ou&cil*fl qy*e Dollus 702 EA 1 $/,)*70$2 ~\,)70.~ and 3 Cents Per Each
Furnish nnd Install New Sign (PIaque) on Existing Pole (All Types) 704.1 at one ~edhflj Y Dollars EA 2 $ 1'70. '> 340." and /uo Cents Per Each
Furnish and Install NOWPole, Sign, and Foundation (All Types) at GP,IP~ Ten ,Dollars 704.2 ttu"Cjl&;( BA a 07/0,C $5,68Qa0.'* and Q Cents Per Each
Furnish and instal1 4" (TY I) Reflectorized Pavement Markings (All Types and Colors) with 4" (TY XI) Sealant 706.lat ih~de Dollars L.F. 3025 ~3,~:7 0.75. a and b Cents Per Linear Foot
Furnish and Install 8" (TY I) Reflectorized Pavement Markings (All Types and Colors) with 8" (TY 11) Sealant 706.2 at m.(4~ Dollars L.F. 319 $3.9 $\,/13-' md F: $-b! Cents Per Linear Foot Proposal Continued CITY OF LAREDO Airport Truck Route-Thomas Ave. Extension Pago 7 of 13
Per Linear Foot
Furnish and Install 24" (TY I) Reflectorized Pavement Markfngs (Arrows) with 24" (TY 11) Sealant 706.5 at @fig &~d/dI+,-. rh& Dollars EA 4 s ~oV-'I 43a.e and. Nb Cents Per Each -- Furnish and Install 24" (TY I) Reflectorized Pavement Markings (Text) with 24" (TY 11) Sealant 706.6 at ~RPAdd(S $ +#IlcALt %)?@ollars EA 2 $)36.'2 E a~a.02 and D Cents Per Each
Furnish and Insdl Raised Pavement Markers, (TY 11-A-A) 706.7 at Dollars EA 38 $2?3."-" $ gr/ .'.
and A1 17 Cents Per Each
Fumish and Install Raised Pavement Markers, (TY I-C) at Dollars 706.8 EA 32 $23.'2' 736. '" and NO. Cents Per Each
Bidder's lnirinis .CA\p Proposal Continued CITY OF LAREDO Airport Truck Route-Thomas Ave. Extension Page 8 of 13
Remove Sign, Pole, and Foundation (All Types) at'7-he ee hk~~drw\~QUQ~ Dollars 710.1 EA 6 ~11,~ and /vB cents Per Each
Relocate Existing Sign, Pole, and Foundation (All Types) a0 at SIX kvld re d7G0& fi VL ~ollars 710.2 h EA 5 bJ5-- $3/aS and ~b Cents Per Each
Furnish and Install Barricades and Traffic Control at ~;f~4% 06~d Dollars 712 L.S. 1 16 /Sooo $l.aooV and Cents Per Lump Sum
Furnish and Install Sheeting and Bracing (Trench Excavation Protection) ow 802 atw~% OGSH~~LTU~ hhd~ed Dollars L.S. I s$,4aoo2 dpoo and Pi3 Cents Per Linear Foot
Construction Contingencies at Twentv Five Thousand Dollars 999 L.S. 1 $ 25,000.00 $ 25,000.00 and Zero Cents Per Linear Foot - - ASE BID - SUBTOTAL I s ~$%I,O?X--?% I TOTAL BASE BID - PRICE IN WORDS
s-~hhm%&wd&7 0c3 %o (LSA~~~3cr W&~OC&- JV
A- 17 Bidder's Initials Proposal Continued CITY OF LAREDO Airport Truck Route-Thomas Ave. Extension Page9 of 13
Notes: 1. In the event of a discrepancy, this amount shall govern. . 2. Project may be initiated at any station as may be dictated by project engineer. 3. Project engineer has right to reject any or all bids.
. PROJECT: AIRPORT TRUCK ROUTE - THOMAS AVE. EXTENSION Contractor: Bidder's
Address: %13 'S-fpw~~Ca. Cmn I City State Zip Code
Telephone Number:- 5 C &@ fc- Date: Fax Number: - - GPO - NOTE: ALL BID ITEMS WIL BE PAID FOR WHEN COMPLETE IN PLACE, TESTED AND ACCEPTED BY THE OWNER.
Bidder's ~nitials[P b$ Page 10 of 13 INFORMATION FROM BIDDERS MUST BE COMPLETED AND SUBMITTED WITH BID PROPOSAL
PROJECT: 'kirport Truck Route - Thomas Ave. Extension" Statement of Qualifications: (Similar Projects Completed by Bidder)
1. Name of Project: 3007 EO~PC&-,J~A +bocation: A/#d% Value of Contract: 2%. 80 Type of work:- . . , - 7!! Date Completed: MO? E$&Q-~wner~ame & Phone: PI*& d &/* 2. Nameofproject: &/&fl .fled -J dLocation: Ic)J~~3 Value of Contract: 4/9. - Type ox&/@PI. sw A! Date Completed: e-S&wner Name & Phone: 6,-A, 04 /0h?d0 3. Name of Project: hr ,-M& kre -aYk ~bcation:L%* Value of Contract: 4737. pe of Work: Date Completed: -&owner ~ame& Phone:
4. Name of Project: 59) C -fiP?, &l~A Value of Contract: 3. Type of Work: ~G~AQM Date Completed: ~2rn~OwnerName & Phone: C.ju "L~(@dcl 5. Name of Project: d3~fl-kdhh~ d /$$pad Location: Lw&, Value of Contract: n4. ' Typeofwork: ~I/:IIC Date Completed: &+~d -&&Owner Name & Phone: PI8 nf LQ~~O (Attach additional information andlor project experience on separate sheets)
Experience Data: (Include name and experience record of the Superintendent)
NOTE: Failure to provide the requested information shall be cause for bid rejection. "TO BE SUBMITTED UPON REQUEST, etc. " is NOT an acceptable answer. Page 11 of 13 PROJECT: "Airport Truck Route - Thomas Ave. Extension"
Proposed Progress Schedules:
Data on Equipment to be used on the Work: (Include the number of machines, the type, capacity, age and conditions and location)
Subcontractors: (Submit a list of proposed Subcontractors. List sources, types and manufacturers of proposed materials)
Financial Status: A confidential financial statement will be submitted by the apparent successful low Bidder only if the Owner deems it necessary.
NOTE: Failure to provide the requested information shall be cause for bid rejection. "TO BE SUBMITTED UPON REQUEST, etc. " is NOT an acceptable answer. DESCRiPTIOM MAKE MODEL Paver Champion 101ow Pneumatic Dynapac CP132 Flat Wheel (D) Dynapac CC211 Motorgrader Caterpillar 120G Excavator Caterpillar 330D f3mvator Caterpillar 320CL Excavator Caterpillar 320 CL Excavator Caterpillar 320 CL Excavator Caterpillar 320 CL Flat Roller Dynapac CA252 D Compactor Dynapac CA252 PD Compactor Dynapac CAI51 Compactor Caterpillar CP-323C Compactor Caterpillar CP-323C Loader Caterpillar 9246 Backhoe 4x4 Caterpillar 416E Backhoe 4x4 Caterpillar 416E Backhoe 4x4 Caterpillar 420 D Backhoe 4x4 Caterpillar 420 D Backhoe 4x4 Caterpillar 420 D Backhoe 4x4 Caterpillar 420 D Dozer - Caterpillar D3G XL Broom Broose Curb Machine Gornaco Low Boy Load King Tank Fona THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310 Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE RElM Construction, Inc. 9612 Stewart Road. Mission. TX 78573
as Principal, hereinafter called the Principal, and International Fidelity Insurance ComDanv and Everest Reinsurance ComDanv 24900 Pitkin, Suite 145. Spring, TX 77386
a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Laredo
as Obligee, hereinafler called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for "Airport Truck Route" - Thomas Avenue Extension
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 30th day of September , 2oiO - Tel(973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NCNARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW AU MEN BY THESE PRESENTS: That!NTERNATIONAJ. FIDEUtY INSURANCE COMPANY, a copration 0rganlZed and exlsUng laws of lhe Slate of New Jersey. and havlng Its prlnc~palofice In heClty of Newark, New Jersey, does hereby conslrtute and appolnl
Philip Baker as attorney-hafactto execute the fonowlng surety bond: Surety Bond Number: kBid Bond Prlncipapal: IM Construction, Inc. Obligee: Citv of Laredo an'd !he execution of such instrument In pursuance of these presents, shal be as blndln upan !he sald INTERNATIONALFIDELITY INSURANCE COMPANY as fully and amply, to aU Intents and purposes, as if !he same had been dug execlned and acknowledged by Us regularly elected OnlCt?rSat Its pr~nclpalofice.
fhls Povmr of Atlome k executed and may be mvoked ursuant !o and by authority of Adicfe 3-Secllon 3 of lhe By-Laws adopted by the Board of DIreotors of WERNATI~NAL~l0Eh-Y INSURANCE CO~PANYat a macllng caned and held on the 7th day ol February, 1974. The Presklent or any Vfce President, Executive Vice President, Secretary or Asslsiant Secretary, shall have power and authority (1) To ap lnt Attorneys-Irkfact and to authorfie them to execute on behalf ofthe Company and attach the Seal ofthe Company thereto, bonds and unde&ngs, contracts of h'demnity and other wriUngs obligatory In lhe nature thereof a& (2) To remove, at any Ume, any such attorney-In-fact and revoke the au!hodly gtven. Fuflher !his Power of Attorney Is si ned.and sealed by facslmmile pursuant to resoluUon of the Board of Directors of sald Company adopted at a meellng duly called and held on the 29th day o?~~r~l,1982 of whrch the following Is a lrue excerpt: Now lherefore the sfgnalures of such officers and the seal of !he Company may be afilxed to any such power of allorne or an cerlincsle mlaling thereto b facslmile, and any such ower ofp!torney or qe$lic?te bearing such facs~rniledgnatures orjaosimile bpal shall be valiband biding upon heCompan anJany such power so executeBand cefl~bedby facsunlle srgnalures and facsimile seal shaU be val~dand bindrng upon the Company h tb luture w~lhrospecrtoany bond or undertakhp to whlch It Is attached.
INTESTIMONY WHEREOF IKTERNATIONAL FIDELITY INSURANCE COMPANY has caused this hrPvment lo be slgned and Its corporate seat to be affixed by Its auUlorked ofllcer, this 29th day of August, AD. 2003.
STATE OF NEW JERSEY
On fils 29lh day or Au us1 2003, before me came the lndlvidual who executed the recedh Instrument, to me ersona known and beln by mo duly sworn said he he Is the Wereln described and authodzed officer ofthe INT~JATI~NALF~DEL~CY IN$I)URANC$ COMPhNY: hat We seal slflxed to said iristrument Is the Corporate Seal of sald Company; that the said Corpcrate Seal and his s~gnaturewere duly affixed by order of the doard ol Diectors of sald Company.
IN TESTIMONY WHEREOF, Ihavo hereunto set my hand afllxed my Official Seal at the City of Newark, New Jersey the day and year flrst above written.
A NOTARY PUBLIC OF NEW JERSN CERTIFICATION My commlssfon Expires Nov. 21,2015 I, the undonfgnedoNcer of IMERNATlONALFIDELITY INSURANCE COMPANY do hereby certHy that 1 have campared the foregoing copy of the Power of AHomey and aflidavft, and the copy of the Section of heBy-Laws dsald Company as set forlh Insakl Power ol Attorney, with Ule ORIGINALS ON IN THE HOME OFFCEOF SAID COMPANY, and that lhe same are correct transcripts thereof, and of hewhole of Ule said odglnals, and that lhe sald Power of Attorney has not been revoked and fs now In lull force and ellect
IN TESTlMONY WHEREOF, Ihave hereunto set my hand thls 30th day of 201 &fl-ve Assklant Secretary CERTIFIED jPY
POWER OF ATTOKEY EVEREST REINSURANCE COMPANY DELA WARE
MVOW ALL 2MEN BY TNESE PRESENTS: That the Everest Reinsurmrce Company of Liberty Coiner, Pqew Jersey, a corporation of the State of Delaware, having its principal office in the City of Liberty Corner, New Jersey, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Corporation on Febnrary 15,1996 to wit:
"RESOLVED, that the Chairman of the Board and Chief Executive Officer, the President, any Executive Vice President or any Senior Vice President is hereby authorized to execute Powers of Attorney appointing as attorneys-in-factselected employees of certain surety companies who shall have the power for and on behalf of the Company to execute and affix the seal of the Company to surety contracts as co-surety."
Does hereby nominate, constitute and appoint Shelly Bolender and Mike Kremheller of International Fidelity Insurance Company of Houston, Texas se~aratelv,employees of International Fidelity Insurance Company its true and lawful attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed: any and all bonds, undertakings or obligations in co-suretyship with International Fideliq Insurance Comvan~whether or not there are other co-sureties, wherein the co-surety participation of Everest Reinsurance Company does not exceed FIFTEEN MILLION DoIlars ($15.000,000) and reserving to itself full power of substitution and revocation.
The execution of such bonds or undertakings in pursuance of these presents, within one year of the date of issue of these presents, shall be binding upon said Corporation, as fully and amply, to all intents and purposes, as if they bad been duly executed and acknowledged by the regularly elected officers of the Corporation at its office in Liberty Comer, State of New Jerse7 ,in their own proper persons. OF, the Everest Reinsurance omp pan^ has caused its corporate seal to be hereunto afFixed, y its Senior Vice President this- day of December in the year two thousand and eight.
Assistant Secretary Senior Vice President
(Title) (Title)
STATE OF MEW JERSEY } ss 1 COUNTY OF SOMERSET)
IN TESTIMONY WJBREOF, I have hereunto set my hand and affixed my official seal at the City of Liberty Corner, the day and year first above written. MYCommission expires 6 /%/a*0
STATE OF NEW JERSEY } JANET BlFll SS 1 hotary PU~IIC COUNTY OF SOMERSET}
I, ROBERT CRTSTIANO of Everest Reinsurance Company, a co eby certify that the above and foregoing is a full, true correct copy of the Power of Attorney issued by said Everest Reinsurance Company, and that I have compared same with the original and that it is a correct transcript there &om and of the whole of the original. Said Power of Attorney is still in force and effect and has not been revoked. I do further certify that ROBERT CAPICCHIONI, SENIOR VICE PRESIDENT is duly authorized to sign said Power of Attorney in accordance with the Resolution of the Roard nf nirp,-+nrc COUNCIL COMMUNICATION
DATE: SUBJECT: MOTION Consideration for approval to award a professional services contract to Metaform Studio Architects, 11/08/10 Inc., Laredo, Texas, for an amount not to exceed $41,219.00 for design and preparation of plans and specifications for the Three Points Basketball Facility. Design work is to be on a fast track basis approximately two (2) months. Funding is available in the 2007 C.O. Issue - District 3 Discretionary Funds.
INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Osbaldo Guzman, Parks and Leisure Services Director PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The proposed scope of services is to include, but not limited to:
The Three Points Basketball Facility is to be located at 2200 Cortez. It includes gymnasium renovations, restroom improvements, fencing, sidewalk demolition (pool and site), sidewalk reconstruction, parking lot rehabilitation and paving (including perimeter track surface), new play-scapes, swings, benches, and landscape and irrigation.
Design work is to be on a fast track basis approximately two (2) months.
FINANCIAL IMPACT: Funding is available in the 2007 C.O. - District 3 Discretionary Funds Account No. 462-9822-535-45 17
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. COUNCIL COMMUNICATION
DATE MOTION 11/8/10 Authorizing the purchase of the "Surface Only", for the following parcel of land from Mr. Leon Oscar Ramirez in the amount of $22,400.00; established market value for the Chacon Hike and Bike Trail Project. Said parcel of land, legally described as Lots 3-6, Block 2169, Eastern Division as per Plat of Webb County, Texas. Parcel mentioned will allow for improvements along the Chacon Creek and locations along its borders to help improve conditions and provide for future recreational opportunities.
INITIATED BY: STAFF SOURCE: Cynthia Collazo Riazul I. Mia, Environmental Services Director Deputy City Manager Ronnie Acosta, CD Director
PREVIOUS COUNCIL ACTION: None
BACKGROUND:
The City of Laredo will be allowed to improve the Chacon Hike and Bike Trail through the acquisition.
Trail will provide access to area residents and offer connectivity to neighboring parks with future access to countless community residents and visitors throughout the Chacon Creek System.
That being the case, it is in the best interest of the City of Laredo to acquire the above-referenced parcel, as described on attached, Exhibit 1.
FINANCIAL IMPACT: Funding for this project is available in Capital Outlay Land Acquisition City Wide Drainage Account # 249-3891-545-9540
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Motion. GATES COUNCIL COMMUNICATION
DATE: SUBJECT: MOTION Consideration for approval to award a professional services contract to Terracon Consultants, 11/08/10 Inc., Laredo, Texas, for an amount of $63,165.00 to provide laboratory, sampling and testing services of materials for quality assurance for the City of Laredo Fire Department Administration Center. Contract time is for the duration of the project approximately three hundred sixty-five (365) calendar days. Funding is available in the 2009 CO Bond.
INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Steve Landin, Fire Chief PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The professional services contract is to provide laboratory, sampling and testing services of materials for quality assurance during the construction of the City of Laredo Fire Department Administration Center.
Fee breakdown is as follows:
Earthwork/Soils Testing...... (Building Pad, Utility Trench Backfill, Pavement and Sidewalk Areas) Reinforcing Steel...... Concrete Testing...... (Floor Slab, Grade Beams, Footings, Retaining Wall and Pavement) Structural Steel...... $5,100.00 CMU, Mortar and Grout...... $7,200.00 Asphaltic Concrete Testing...... $4,005.00 Project Management...... $4,160.00 Total Fee...... $63,165 .OO
Contract time is for the duration of the project approximately three hundred sixty-five (365) calendar days.
All testing fees will be in accordance with the number of tests and testing requested and the fee may be increased or decreased however any changes in the contract will be addressed by a separate amendment to the contract.
FINANCIAL IMPACT: Funding is available in the 2009 CO Bond - Account No. 464-9854-535-9562.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. STATE OF TEXAS tj 8 KYOW ALL MEN BY THESE PRESENTS COUNTY OF WEBB tj
PROFESSIONAL SERVICES AGREEMENT CITY OF LAREDO AND TERRACON CONSULTANTS, INC.
This contract is made, entered and executed between the City Of Laredo hereinafter referred to as "City", and Terracon Consultants, Inc., hereinafter referred to as "Consultant", for the City of Laredo Fire Department Administration Center.
WITNESSETH WHEREAS, the City of Laredo ("City"), is a municipal corporation chartered under the laws of the State of Texas, with its principal place of business located at 11 10 Houston Street, Laredo, Texas; and,
WHEREAS, TERRACON CONSULTANTS, INC., Consultant, is a professional corporation, incorporated in Texas whose local place of business is 615 Gale Street, Building ByLaredo, Texas 78041 ;and,
WHEREAS, the Consultant was found to be the best qualified to perform the Professional Services for the City of Laredo Fire Department Administration Center.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the City and the Consultant do mutually agree as follows. ARTICLE I- CONTRACT PERIOD Upon execution of this contract, Consultant shall not proceed with the scope of work outlined under Article I1 until authorized in writing by the City of Laredo City Engineer. to proceed as provided in Article XXV - Notice To Proceed. This contract shall terminate at the close of business on November 30,2011, unless extended by a written supplemental agreement duly executed by the parties prior to the date of termination, as provided in Article XXVII - Supplemental Agreements, or otherwise terminated as provided by Article XIV - Termination. Any work performed or costs incurred after the date of termination shall be ineligible for reimbursement.
Consultant shall notify the City of Laredo City Engineer in writing as soon as possible if it determines, or reasonably anticipates, that the work under this contract cannot be completed before the termination date, and the City of Laredo may, in its sole discretion, extend the contract period by timely supplemental agreement as provided in Article XXVII - Supplemental Agreements. Consultant shall allow adequate time for review and approval of the request for time extension by the City prior to the expiration of this contract. ARTICLE 11- RESPONSIBILITIES OF THE PARTIES Consultant shall perform those services for fulfillment of the contract identified as tasks scheduled for completion by November 30,20 1 1, in Attachment A - Scope of Services, Schedule, and Budget attached hereto, incorporated by reference, and made a part hereof for all purposes. The Work Schedule incorporated in Attachment A shall contain a complete schedule so that Consultant's Scope of Services under this contract can be accomplished within the specified time and contract cost. The Work Schedule shall provide a specific work sequence and review times by the City and Consultant of the work performed. If the review time shall take longer than shown on the work schedule, through no fault of Consultant, additional time may be authorized by the City under a supplemental agreement if so requested upon timely written request from Consultant and approved in writing by the City of Laredo Engineering Director.
ARTICLE 111- COMPENSATION The City shall pay up to sixty-three thousand one hundred sixty-five dollars and no cents ($63,165.00) as compensation for the services to be performed under this contract. In the event of a change in the scope of services, additional complexity or a different character of work from that originally anticipated and authorized by the City, the amount may be revised only by written agreement of the parties.
Consultant shall prepare and submit to the City of Laredo City Engineer progress reports in sufficient detail to support the progress of the work and in support of invoice(s) precedent to requesting payment for services rendered. Satisfactory progress of work shall be maintained as a condition of payment.
Payments to Consultant for services rendered will be made while work is in progress. Consultant will prepare and submit to the City of Laredo City Engineer, no more fi-equently than once ~ermonth, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of an invoice. The submittal shall also include a project assessment report. Payment of the lump sum fee will be in proportion to the percentage completion of work tasks identified in Attachment A. Upon receipt and approval of each complete statement, the City shall make a good faith effort to pay within 30 working days.
The City shall reserve the right to withhold payment pending verification of satisfactory work performed. Consultant shall be required to submit adequate proof that the task was completed. Payment of costs incurred is further governed by cost principles outlined in the Federal Acquisition Regulation, 48 CFR, Chapter 1, Part 3 1, Subpart 3 1.2, Contracts with Commercial Organizations. The progress report shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Five percent (5%) of each partial payment shall be withheld pending completion of the scope of work to be performed under this contract. Final payment of any money due shall be made to Consultant upon satisfactory completion of all services and obligations covered in this contract. The release of any retainage does not relieve Consultant of the responsibility for correcting any errors andlor omissions resulting from its negligence.
Acceptance and approval of the final plans and specifications, reports or documents by the CITY shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its designs, working drawings, plans, specifications, or other documents and work performed under this contract. No approval or acceptance by or in behalf of the City shall be deemed to be an assumption of such responsibility by the City for any defect, error, or omission in the said designs, working drawings, specifications or other documents as prepared by the Consultant.
ARTICLE IV- CONTRACT AMENDMENTS Significant changes in the terms and conditions of this contract can be made only by written amendment executed by the parties hereto prior to the changes being made. Any such amendment must be approved by the City of Laredo.
ARTICLE V- ADDITIONAL WORK If Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes extra work, it shall promptly notify the City of Laredo City Engineer in writing. In the event that the City of Laredo City Engineer finds that such work does constitute additional work and will exceed the maximum amount specified in Article 111, the City shall so advise the Consultant and a written supplemental agreement may be executed between the parties as provided in Article XXVII- Supplemental Agreements. Consultant shall not perform any additional work or incur any additional costs prior to the signing, by both parties, of a supplemental agreement. The City shall not be responsible for the actions of Consultant or any costs incurred by Consultant relating to additional work not directly associated with the performance authorized in this contract, or as amended.
ARTICLE VI- CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, Consultant shall make such revisions if requested and as directed by the City of Laredo City Engineer. This will be considered additional work and paid for as specified in Article V - Additional Work.
Consultant shall make such revisions to the work authorized in this contract, including but not limited to any re-designs, required as a result of the Consultant's development of the designs, plans, specifications, or documents which are a result of Consultant's negligence or which are necessary to correct errors appearing therein. No additional compensation shall be paid for this work.
ARTICLE VII- INDEMBIFICATION Consultant shall save and hold harmless the City of Laredo, from all claims and liability due to the activities of itself, its agents or employees, performed under this contract and which are caused by or result from negligent error, omission, or act of Consultant or of any person employed by Consultant. Consultant shall also save harmless the City of Laredo from any and all expense, including but not limited to, reasonable attorney fees which may be incurred in litigation or otherwise resisting said claim or liabilities which may be imposed as a result of the activities of Consultant, its agents or employees.
ARTICLE VIII- INSPECTION OF WORK The City of Laredo and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder.
ARTICLE IX- DISPUTES The Consultant shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered into in support of contract work. The City shall act as referee in all disputes regarding non - procurement issues and the City's decision shall be final and binding.
ARTICLE X- NONCOLLUSION Consultant warrants that it has not employed or retained any company or persons other than a bona fide employee working solely for Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee.
ARTICLE XI- REPORTING Consultant shall from time to time during the progress of the work, confer with the City. Consultant shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City of Laredo Engineering Director, in order to evaluate the features of the work.
Upon the request of the City of Laredo City Engineer or Consultant, conferences shall be provided at the offices of the City, or at any other locations designated by the City of Laredo City Engineer. These conferences shall also include evaluation of the services and work of Consultant when requested by the City. All work performed pursuant to the contract is subject to review by the City of Laredo. Consultant shall promptly advise the City of Laredo City Engineer in writing of events that have significant impact upon the progress of work, including but not limited to:
(1) Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken or contemplated;
(2) Favorable developments or events which enable work schedule goals to be completed sooner than anticipated or scheduled.
All notices called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or forty eight (48) hours after mailed to each party by certified mail, return receipt requested, postage prepaid as follows:
BY CERTIFIED MAIL OR HAND DELIVERY City of Laredo TERRACON CONSULTANTS, INC. Rogelio Rivera, P.E. 61 5 Gale Street, Building B 1 110 Houston Street Laredo, Texas 7804 1 Laredo, Texas 78040
ARTICLE XII- RECORDS The City of Laredo, shall have the right to examine the books and records of Consultant for the purpose of checking the amount of work performed at the time of contract termination. Consultant shall maintain all books, records, documents, papers, accounting records and other evidence pertaining to costs incurred for a period of four years from the date of final contract payment or until pending litigation has been fully and completely resolved, whichever occurs last. Records pertinent to this contract shall be made available for inspection during normal business hours to the authorized representatives of the City of Laredo.
ARTICLE XIII- SUBCONTRACTS Consultant shall not assign, subcontract, or transfer any portion of the work under this contract without the prior written approval of the City of Laredo, which approval shall not be unreasonably withheld. All sums due and payable under this contract shall be made to the order of Consultant and to no other. All subcontracts shall include the provisions required in this contract and shall be approved as to form, in writing, by the City of Laredo City Engineer prior to work being performed under the subcontract. No subcontract relieves Consultant of responsibilities for performance under this contract. ARTICLE XIV- TERiiINATION The contract may be terminated before the stated termination date by any of the following conditions: (1) By mutual agreement and consent, in writing, of both parties.
(2) In writing, by the City of Laredo as a consequence of Consultant's failure to perform the services set forth herein.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein with proper notice given.
(4) Upon thirty (30) days written notice to Consultant.
(5) By satisfactory completion of all services and obligations described herein.
Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall be paid to Consultant. Compensation for work at termination will be based on the percentage of work completed at that time. The value of work charged during the time after notice of termination is received shall not exceed the value of the work performed in the preceding thirty-day period.
If Consultant defaults in the performance of this contract or if City terminates ths contract for fault on the part of Consultant, consideration will be given to the actual costs incurred by Consultant in performing the work up to the date of default. This includes the amount of work that was satisfactorily completed, the value of the work that is usable, the cost of securing a substitute consultant for completion of the work, and other factors affecting the value of the work performed at the time of default.
The termination of this contract and the payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and Consultant, except the obligations set forth in Article XVI - Compliance with Laws of this agreement. If the termination of this contract is due to the failure of Consultant to fulfill its contract obligations, the City staff may complete the work. In such case, Consultant shall be liable for any additional cost occasioned by such failure.
ARTICLE XV- REMEDIES Any violation of contract terms or breach of contract by Consultant shall be grounds for termination of the contract and any increased cost arising from the default of Consultant shall be paid solely by Consultant.
This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE XVI- CONIPLIANCE WITH LAWS Consultant shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and orders and decrees of any court or administrative body or tribunal in any manner affecting the performance of this contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Consultant shall furnish in writing satisfactory proof of its compliance therewith.
ARTICLE XVII- SUCCESSORS AND ASSIGNS The City and the Consultant each binds itself, its successors, executors, assigns and administrators to each other party of this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the City nor the Consultant shall assign, sublet, or transfer its interest in this contract without written consent of the other.
ARTICLE XVIII- OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created, or collected under the terms of this contract are the exclusive property of the City and shall be furnished to the City of Laredo upon request. All documents prepared by Consultant and all documents furnished by Consultant shall be delivered to the City of Laredo upon completion or termination of this contract. Consultant, at its own expense, may retain copies of such documents or any other data that it has furnished to the City under this contract. The release of any information shall be in conformance with the Texas Open Records Act.
ARTICLE XIX- SIGNATORY WARRANTY The undersigned signatory for the Consultant hereby represents and warrants that he is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The above-stated representations and warranties are made for the purpose of inducing the City to enter into this contract.
ARTICLE XX- CONSULTANT RESOURCES Consultant shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services required. All employees of Consultant shall have such knowledge and experience as will enable them to perform the duties assigned to them.
Any employee of Consultant who, in the opinion of the City of Laredo City Engineer is incompetent, or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed in writing. Consultant certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or will be able to obtain such personnel from sources other than the City. Any change in the Project Manager shall be requested in writing and approved in writing by the City of Laredo.
Consultant represents that the services under this Agreement shall be performed in a manner consistent with that level of care, diligence and skill ordinarily exercised by other professionals in the same discipline under the same or similar circumstances at the time the services are performed.
ARTICLE XXI- EQUAL EMPLOYMENT OPPORTUNITY The Consultant agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (4 1 CFR 60).
ARTICLE XXII- NONDISCRIMINATION During the performance of this contract, the Consultant, its assigns and successors in interest, agrees as follows:
1. Compliance with Regulations: The Consultant shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 2 1 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended fiom 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 Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, c,olor, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
The Consultant will take affirmative steps to ensure that applicants and employees are treated during employment without regard to their race, color, religion, national, origin, sex, age, handicap, or political belief or affiliation. Specifically, the Consultant agrees to abide by all applicable provisions of the Non-discrimination Clause as contained in the City of Laredo's current Affirmation Action Plan on file in the City Secretary's Office. In the event non-compliance occurs, the Consultant, upon written notifications by the City will commence compliance procedures within thirty (30) days.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant 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 Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination of the grounds of race, color, sex, or national origin.
4. Information and Reports: The Consultant 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 City. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the City may determine to be appropriate, including but not limited to:
a. Withholding of payments to the Consultant under the contract until the Consultant complies, andlor,
b. Cancellation, termination, or suspension of the contract in whole or in Part.
6. Incorporation of Provisions: The Consultant 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 Consultant shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the City to enter into such litigation to protect the interests of the City; in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
ARTICLE XXIII- MINORITY BUSINESS ENTERPRISES It is the policy of the U.S. Government that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this contact as follows:
The Consultant agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and any subcontractor shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the City, may result in termination of the contract by the City or other such remedy as the City deems appropriate.
ARTICLE XXIV- DELINQUENT TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, whch prohibits the State from awarding a contract to a corporation that is delinquent in paying taxes under Chapter 17 1, Tax Code, the Consultant hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from or not subject to such tax. A false statement concerning the corporation's franchise tax status shall constitute grounds for cancellation of the contract at the sole option of the City of Laredo Engineering Director. ARTICLE XXV- NOTICE TO PROCEED The City of Laredo City Engineer will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by Consultant or any costs incurred by Consultant relating to additional work not included in Attachment A - Scope of Services.
ARTICLE XXVI- SUSPENSION Should the City desire to suspend the work, but not terminate the contract, this may be done by giving thirty (30) days verbal notification followed by written confirmation from the City of Laredo City Engineer to that effect. The thirty-day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City of Laredo City Engineer to resume work. The sixty-day notice may be waived by both parties in writing. If the City suspends the work, the contract period as determined in Article I- Contract Period is not affected and the contract will terminate on the date specified unless the contract is amended.
The City assumes no liability for work performed or costs incurred prior to the date of the notice to proceed authorized by the City to begin work, during periods when work is suspended, or subject to contract completion date.
ARTICLE XXVII- SUPPLEMENTAL AGREEMENTS The terms of this contract may be modified by supplemental agreement if the City. determines that there has been a significant change in the:
(1) Scope, complexity, character of the service to be performed; or
(2) The duration of work. Additional compensation, if appropriate, shall be identified in writing as provided in Article 111-Compensation, and the supplemental agreement shall state what, if any, additional compensation shall be provided. The City of Laredo City Engineer shall issue a notice to proceed for work authorized under the supplementary agreement in accordance with the provisions of Article XXV- Notice to Proceed. Any supplemental agreement must be executed in writing by both parties within the contract period specified in Article I - Contract Period.
It is distinctly understood and agreed that no claim for extra work done or materials furnished shall be made by Consultant until full execution of the supplemental agreement and authorization to proceed is granted. The City reserves the right to withhold payment pending verification of satisfactory work performed in accordance with Article III- Compensation of this agreement.
ARTICLE XXVIII- SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval before a final report is issued. The comments of the City of Laredo City Engineer shall be noted and addressed in the final report.
ARTICLE XXIX- INSURANCE Consultant shall furnish a properly completed Certificate of Insurance, in a form approved by the fiscal agent of the City prior to beginning work under this contract and shall maintain insurance through the contract period.
The Consultant shall provide and maintain, until the work covered in the contract is completed and accepted by The City of Laredo, the minimum insurance coverages as follows:
1. Commercial General Liability insurance at minimum combined single limits of $1,000,000 per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations ($1,000,000 products/completed operations aggregate), and XCU (Explosion, Collapse, Underground) hazards. Coverage must be written on an occurrence form. Contractual Liability must be maintained covering the Contractors obligations contained in the contract.
2. Workers Compensation insurance at statutory limits, including Employers Liability coverage a minimum limits of $1,000,000 each-occurrence each accident~$1,000,000 by disease each-occurrence/$l,000,000by disease aggregate.
3. Commercial Automobile Liability insurance at minimum combined single limits of 1,000,000 per-occurrence for bodily injury and property damage, including owned, non-owned, and hired car coverage. 4. Errors & Omissions coverage may not be required for all services. If The City of Laredo deems such coverage necessary, the following conditions will apply:
a. Professional Liability with minimum limits of $1,000,000 or higher, depending on the type, size, and scope of services.
b. This coverage must be maintained for at least two (2) years after the project is completed. If coverage is written on a claims-made basis, a policy retroactive date equivalent to the inception date of the contract (or earlier) must be maintained during the full term the contract.
The required limits may be satisfied by any combination of primary, excess, or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following-form. The Contractor may maintain reasonable and customary deductibles, subject to approval by the City of Laredo.
Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Laredo accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor.
A Comprehensive General Liability insurance form may be used in lieu of a Commercial General Liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 each-occurrence, combined single limit, and coverage must include a broad form Comprehensive General Liability Endorsement, products/completed operations, XCU hazards, and contractual liability.
With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows:
1. The City of Laredo shall be named as an additional insured with respect to General Liability and Automobile Liability.
2. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
3. A waiver of subrogation in favor of the City of Laredo shall be contained in the Workers Compensation, and all liability policies.
4. All insurance policies shall be endorsed to require the insurer to immediately notify the City of Laredo of any material change in the insurance coverage.
5. All insurance policies shall be endorsed to the effect that the City of Laredo will receive at least sixty- (60) days' notice prior to cancellation or non-renewal of the insurance. 6. All insurance policies, which name the City of Laredo as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance.
7. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
8. Contractor may maintain reasonable and customary deductibles, subject to approval by the City of Laredo.
9. Insurance must be purchased from insurers that are financially acceptable to the City of Laredo.
All insurance must be written on forms filed with and approved by the Texas Department of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following:
1. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.
2. Shall specifically set forth the notice-of-cancellation or termination provisions to the City of Laredo.
Upon request, Contractor shall furnish the City of Laredo with certified copies of all insurance policies.
ARTICLE XXX- GRATUITIES No member of the City shall accept any benefits, gifts or favors from any person doing business with the City under this contract, nor shall any person doing business with or who may reasonably do business with the City under this contract make an offer of benefits, gifts, or favors to City personnel or staff.
ARTICLE XXXI- DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION By execution of this agreement, Consultant warrants that it has not been disbarred, suspended, or subject to disciplinary action which would affect its ability to perform the services contracted. It further warrants that it is in compliance with regulations relating to Equal Employment Opportunity and Civil Rights Regulations.
ARTICLE XXXII- PATENT AND COPYRIGHT The City shall have the non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize the use by others any reports developed by Consultant for governmental purposes. ARTICLE XXXIII- SEVERABILITY In the event any one or more of the provisions contained in this contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein.
ARTICLE XXXIV- PRIOR CONTRACT SUPERSEDED This contract constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral contract between the parties respecting the subject matter defined herein.
ARTICLE XXXV- FORCE MAJEURE Neither party to this agreement shall be required to perform any term, condition, or covenant in this agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by a governmental authority, civil riots, floods, and any other cause not reasonably within the control of either party to this agreement and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome. If by reason of force majeure either party is prevented from full performance of its obligations under this agreement, written notice shall be provided to the other party within three days.
ARTICLE XXXVI- APPLICABLE LAW This agreement shall be construed under, and in accordance with, the laws of the State of Texas as amended from time to time, and all obligations of the parties created by this agreement are performable and enforceable in Webb County, Texas.
ARTICLE XXXVII- ADDITIONAL PROVISIONS
Time of the Essence. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
Inconsistencies. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control.
Entire Agreement. This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written Agreement. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless signed by both parties and attached hereto andlor embodied herein. Amendment. No changes to this Agreement shall be made except upon written agreement of both parties.
Confidentiality. Any confidential information provided to or developed by Consultant in the performance of this Agreement shall be kept confidential, unless otherwise provided by law, and shall not be made available to any individual or organization without the prior approval of City of Laredo.
Headings. The headings used herein are for convenience of reference only and shall not constitute a part hereof or affect the construction or interpretation hereof.
Waiver. The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein.
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willfull misconduct, negligent act or omission, or other wrongful act of either of them.
Counterparts. This Agreement may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same document.
Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular.
Rule of Construction. The parties hereto acknowledge that each party and its legal counsel have reviewed and revised this agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments or exhibits hereto.
This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. IN WITNESS WHEREOF, the City of Laredo acting by and through its designated City Manager, and TERRACON CONSULTANTS, INC., have executed this agreement in duplicate originals, each of equal dignity.
EXECUTED this the day of ,2010.
CITY OF LAREDO: TERRACON CONSULTANTS, INC.:
Carlos R. Villarreal Chester Drash, Vice-PresidentJSr. Principal City Manager
ATTEST: ATTEST:
Gustavo Guevara, Jr. Notary Public City Secretary My Commission expires
APPROVED AS TO FORM:
Nathan R. Bratton Assistant City Attorney EarthworWSoils Testing (Bullding Pad, Utility Trench Backfill, Pavement and Sidewalk Areas) Compaction In-Place Field Density Tests (Includes: Certified Engineering Technicians, Nuclear Density Gauge, Vehicle Trip Charge and Test Reports) Estimated 260 Tests at $35,0West ...... $9,100.00 - Molsfure Density Relationship for Soils: Estimated Four (4) Tests at $185.00TTest ...... $740.00 . Moisture Density Relationship for Base Materials: Estimated Two (2) Test at $220.00TTest ...... $440.00 Material Finer Than No. 200 Sieve Estimated Six (6) Tests at $50.00fTest ...... $300.00 Liquid Limit and Plastk: Limit Determination (Atterberg Limits) Estimated Six (6) Tests at $50.00TTest ...... $300.00
Attachment A Page 1 of 3 B Gradation of Soils: Estimated Five (5) Test at $1OO.OOflest ...... 65m.00 m Certified LaboratoryTechnician (Includes: Preparation of SampleslMaterials) Estimated 30 Hours at $40.0OHour ...... $1200.W Caliche Depth Check Verification Estimated Eight (8) Tests at $25.00/Te sl ...... $200.00 Certified Engineering Technician Estimated Eight (8) Hours at $40.00/Hr ...... $320.00
Subtotal...... $13,100.00
Relnforclng Steel Vlsual Verification ( Includes: Cetiied Senior Technician to verify that the specifled steel reinforcement is being used, that the steel reinforcement is placed in the proper location, and that the steel reinforcement has the correct concrete cover) Estimated 40 Hours at $85.00Mour ...... $2,600.00
Subtotal ...... $2,600.00
Concrete Testlng (Floor Slab, Grade Beams, Footings, Retaining Wall ,and Pavement) Concrete Testing: ( Includes: Certified Senior Engineer Technician, Casting Concrete Cylinders, Conduct Slump Tests, Air content Tests. Compressive strength Cylinders Testing, Report and Vehicle Trip Charge) Estlmated 135 Sets of Cylinders (5lSet) at !MO.OO/Cylinder ...... $27,000.00 Subtotal...... $27,000.00
Structural Steel . Visual Weld Inspection: (Certified Welding Inspector (CWI) to visualiy examine welded Connections) Estimated 30 Hours at $95.001Hour.., ...... $2.850.00 Bolt Tightness Verification: (Cetiied senior technician to verify type of bait and tightness of bolts to include torque testing if applicable) Est~mated30 Hours at $75.001Hour ...... $2,25JJ.00
Subtotal...... $5,100.00
CMU, Mortar and Grout
Grout: (Includes: Certified Engineering Technician, Casting Mortar or Grout Cylinders, Compressive Strength of Specimens, Report, and Vehicle Trip Charge.) Estimated 12 Sets of Grout Cylinders (3lSet) at $150.001Set ...... $1,800.00 Mortar: (Includes: Certified Englneering Technician. Casting Mortar or Grout Cylinders, Compressive Strength of Specimens, Report, and Vehicle Trip Charge ) Estimated 12 Sets of Cubes 2"x 2' (3tSet) at $1 50.0OfSet ...... $1,800.00 Attachment A Page 2 of 3 Prisms: (Includes: Certified Engineering Technician, Casting Mortar or Gmut Cylinders. Compressive Strength of Specimens. Report, and Vehicle Trip Charge) Estimated 12 Sets of Prisms (3JSet) at $300.00/Set ...... $3,600.00
Subtotal...... $7,200.00
AsphaRlc Concrete Testlng Testing of Batched Asphaltic Concrete (Includes: Certified Engineering Technician to perform a gradation and extraction analyses, mix and mold a set of three (3) specimens and bulk specific gravity, and Rice specific gravity) Estimated Three (3) Test at $575.00/Test ...... $1,725.00 . Testing of Asphaltic Concrete cores (Includes: thickness, density and alr wid Estimated EigM (8) wres at $125.00/core ...... $1,000.00 = Certified Engineering Technician (Obtaining HMAC Cores) Estimated 16 Hours at Q40.00Rlour ...... $040.00 Certlfied Engineering Technictan (Monitoring placement of Asphaltic Concrete) Estimated 16 Hours at $40.00Mour ...... 5640.00
Subtotal...... $4,005.00
Project Management The project manager will be the point of contact for the pmjed and his duties include as related construction material testing and observation services the following:
a) Attend constmction meetings. b) Review concrete mixes submitted. c) Coordinate field and laboratory testing, d) Communicate with Terracon kldtechnicians, Contractor, and Owner's site representative, e) Review laboratory and field test reports, f) Control our budget and invoice, g) Perfoning site visits to the project sites. h) Pmvlde technlcal support for any problems arising during construction. . Estimated 32 Hours at $130.00Rlour ...... $4,i60.00 Subtotal ...... $4,160.00
Total Estimate Budget ...... $63,165.00
Attachment A Page 3 of 3 COUNCIL COMMUNICATION DATE: I SUBJECT: MOTION Award of construction contract to the lowest qualified bidder Empire Roofing Companies, Inc., San 11/08/10 Antonio, Texas, in the base bid amount of $259,3 10.00 for the Laredo Main Public Library Roof Recover Project with a construction contract time of sixty (60) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Funding is available in the 2008 CO Bond and Capital Improvement Fund. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Maria Soliz, Library Manager PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The project consists of the construction of a new roof structure at the Laredo Main Public Library Facility measuring approximately 27,000 square feet. It consists of replacement of the portions of the roof insulation that have been determined to be damaged and providing a roof recover system that will be installed over the existing roof system. Wall flashings, base flashings, counter flashings, and metal copings along perimeter walls and equipment curbs will be removed and replaced. As an alternate, after completion of the new roof system, perform sealant and glazing repairs to and around selective windows.
Plans and specifications were prepared by Madeline Anz Slay Architecture, PLLC., Laredo, Texas.
Seven (7) bids were received at the City Secretary's Office at 2:00 P.M. on Thursday, October 70,2010, and publicly opened, read, and taken under advisement on Friday, October 8,2010, at 11:00 P.M. as follows:
Contractor (Bidder) Base Bid 1. Zertuche Construction, LLC. $2 14,690.00 Laredo, Texas 2. Milkins Roofing, Inc. $240,000.00 Edinburg, Texas 3. Empire Roofing Companies, Inc. $259,3 10.00 San Antonio, Texas 4. Rain Seal Master, Inc. $265,200.00 Victoria, Texas 5. ALC Construction, Inc. $270,000.00 Laredo, Texas 6. Cram Roofing $278,326.00 San Antonio, Texas 7. Rain King, Inc. $281,100.00 Victoria, Texas - The bid and bid bonds for Empire Roofing Companies, Inc., San Antonio, Texas, were checked and found to be in order. Staff therefore recommends award in the amount of $259,3 10.00 to the lowest qualified bidder Empire Roofing Companies, Inc., San Antonio, Texas.
Zertuche Construction, LLC., did not meet the roofing material specifications required per contract documents, and Milkings Roofing Inc., did not submit specifications on roofing material to be used for the project. Empire Roofing Companies, Inc., complied with all specifications even though their bid is $34,620.00 higher. Bid submitted by Empire Roofing Companies, Inc., herewith attached.
Construction contract time is sixty (60) calendar days after notice to proceed is issued. FINANCIAL IMPACT: Funding is available in the 2008 CO Bond - Account No. 463-9854-535-9573 and c.11~.- Account No. 402-4323-535-4015 COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: NIA. Approval of Motion. BID PROPOSAL
To: The City of Laredo, Texas
Honorable Raul G. Salinas, Mayor
From: Empire Roofing Companies, Inc.
Contractor '
Address: 14309 Toepperwein Road, Ste 404, San Antonio, TX 78233 Phone: (210) 692-7700 Fax: (210) 590-2900
Project: LAREDO MAIN PUBLIC LIBRARY ROOF RECOVER PROJECT
Pursuant to Notice to Bidders, the undersigned bidder hereby proposes to furnish the labor, materials, and equipment in accordance with the plans and specifications, general conditions of the agreement, special provisions of the Agreement, and Addenda, if any. The bidder binds himself upon acceptance of his proposal to execute a contract and bonds accompanying for111 of performing and colnpleting the said work within the time stated as required by the detaiIed specifications at the follo\ving unit prices. Tlie quantities shown below are based on the Engineer's estimate of quantities and it is agreed that the quantities may be increased or diminished, and may be considered necessary in the opinion of the City of Laredo, Texas to complete the work fully as planlled and contemplated, and that all quantities of work, either increased or decreased, are to be performed at the unit prices set forth below (except as provided in the General Conditions of the Agreement or the specifications, the contract documents).
Acknowledgment of Addenda: (Please initial and date):
Addendum No. 1: {ij!Ip//d Addendum No. 2: Addendum No. 3 : Addendum No. 4: Addendum No. 5 : Acknowledgtnent of other doculnents: (Please initial and date): Wage Determi nati
Labor Provisions: 4 I/ IO/~P\/O Affirmative Action Program: 10/b/ro Project: LAREDO MAIN PUBLIC LIBRARY ROOF RECOVER PROJECT
Form of Non-Collusive Affidavit AFFIDAVIT
STATE OF TEXAS f ) COUNTY OF WEBB ()
Ben Koonce being first duly sworn, deposes and says
That he is Vice President of Operations (a Partner of Officer of the firm of, etc.) the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any Bidder or Person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sougl~tby agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or of any other Bidder or to fix any overhead, profit or cost element of said bid price, or of that of any other Bidder, or to secure any advantage against the City of Laredo or any person interested in the proposed Contract; and that all statements in said proposal or bid are tnle.
~:g,natureof Ben Koonce
Bidder, if the Bidder is an individual Partner, if the Bidder is a Partnership Officer, if the Bidder is a Corporation
Subscribed and sworn before me this 6th day of October ,20&. /
STATE OF TEXAS My Commksion Expires 0612-2013 INFORMATION TO CONTR4CTORS
PROJECT: LAREDO MAIN PUBLIC LIBIWRYROOF RECOVER PROJECT
The Contractor's attention is directed to Special Provision 000-6233, "Important Notice to Contractors", and "Statement of Materials and Other Charges" which will be included in all projects, beginning with the September, 1991 letting. These establish the procedures whereby the Contractor will be permitted to obtain an exemption from the sales tax on certain materials. See Comptroller's Rule 3.291 and Texas Tax Code, Chapter 151, as amended by House Bill Number 11, acts 1991, 72nd Legislature, First Called Session. The Contractor will be required to separate the charges for materials from all other charges and will be furnished an Exemption Certificate for each contract by the Department. Also the Contractor must issue resale certificates to suppliers. Sales tax permit applications and information regarding resale certificates may be obtained by calling the State Comptrollers' toll fee number 1-800-252-5555.
Issued 10/29/91 SPECIAL PROVISION NO.000-6233 IMPORTANT NOTICE TO CONTRACTORS
The Contractor's attention is directed to Rule 3.291, paragraphs (a) (I), defining separated contracts, subsection (b) (3) discussing separated contracts, and subsection (c) discussing exempt contracts. Reference: Texas Tax Code, Chapter 151.
Contractors should note those organizations in subsection (c) that the rule shows as being exempt no longer qualify for the exemption. The rule states that contractors improving realty for organizations listed in Texas Tax Code 151.309 and 15 1.310 are exempt from tax. THIS IS NO LONGER TRUE EFFECTIVE WITH CONTRACTS SIGNED ON OR AFTER AUGUST 15, 1991.
Only those contracts with school districts and nonprofit hospitals qualify for the exemption discussed in subsection (c) of Rule 3.291.
The Comptroller is amending the rule to reflect this change.
If the low bidder elects to operate under a separated contract as defined by Rule 3.291, by obtaining the necessary permits from the State Comptroller's office allowing the purchase of materials for incorporation in this project without having to pay the Limited Sales and Use Tax at the time of purchase, the low bidder shall identify separately from all other charges the total agreed contract price for materials incorporated into the project. This form shall be filled out by the low bidder in each of the two bound copies of the contract. Total materials shall only include materials physically incorporated into the realty.
If the Contractor operates under a "separated contract", the Department will furnish the Contractor with an exemption certificate for the applicable materials.
In order to comply with the requirements of Rule 3.291, as mentioned above, it will be necessary for the Contractor to obtain a sales tax permit.
It will also be necessary that the contractor issue resale certificates to his suppliers. Sales tax application for a sales tax permit and information regarding resale certificates may be obtained by writing to:
Comptroller of Public Accounts Capital Station Austin, Texas 78774
The Contractor may also receive information or request sales tax permit applications by calling the State Comptrollers' toll free number 1-800-252-5555.
Subcontractors are eligible for sales tax exemption if the subcontract is made in such manner that the charges for materials is separated from all other charges. The procedure described above will effect a satisfactory separation. When subcontractors are handled in this manner, the Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, must issue a resale certificate to his supplier. STATEMENT OF MATERIALS AND OTHER CHARGES
PROJECT: LAREDO MAIN PUBLICLIB= ROOF RECOVER PROJECT
MATERIALS INCORPORATED INTO THE PROJECT: $ 150,000.00
ALL OTHER CHARGES: $ 109,310.00
*This total must agree with the total figure shown in the Item and Quantity Sheets in the bound contract.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor.
NOTE:ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT. INFORMATION FROM BIDDERS MUST BE COMPLETED AND SUBMITTED WITH BID PROPOSAL
Project: LAREDO MAIN PUBLIC LIBRARY ROOF RECOVER PROJECT
Statement of Qualifications: (Similar Projects Completed by Bidder)
1. NameofProject: Roof Replacement Philip Morris USA Value of Contract: $658,332.00 Date Completed: Jan. 23, 2009 2. Name of Project: Roof Replacement - Kraft Foods Desiqnated areas Value of Contract: $1,073,000.00 Date Completed: 3. Name of Project: Roof Replacement - Hallmark Center Section A & B Value of Contract: $2,500,000.00 Date Completed: April 1,2008
Experience Data: (Include name and experience record of the Superintendent)
See attached Resume on Mike Blagg
Financial Status: A confidential financial statement will be submitted by the apparent successful low Bidder only if the Owner deems it necessary.
NOTE: TO BE SUBMITTED UPON REQUEST
t IS NOT AN ACCEPTABLE ANSWER. Project: LAREDO MAIN PUBLIC LIBRARY ROOF RECOVER PROJECT
Proposed Progress Schedules:
Bar chart Progress Schedule Daily Reports
Data on Equipment to be used on the Work: (Include the number of machines, the type, capacity, age and conditions and location) Skytrack - 1ea. Screws guns - 10 ea. Torch kits - 12 ea. Wheel Barrows - 4 ea. Fire Extinguishers - 4 total Ladders - 2 Roof Cutter - 1ea. Hand Tools Blowers - 3 ea. Note: All equipment is maintained and kept in good working order. Generator - 1 ea. Subcontractors: (Submit a list of proposed Subcontractors. List sources, types and manufacturers of proposed materials) Manufacturer of proposed materials - Siplast 10O0/0 of the work will be done with our own forces
NOTE: TO BE SUBMITTED UPON REQUEST
IS NOT AN ACCEPTABLE ANSWER. CITY OF LAREDO ENGINEERING DEPARTMENT BID SCHEDULE PROJECT: LAREDO RUIN PUBLIC LIBRARY ROOF RECOVER PROJECT
' Item Estimated Description of item with Unit Price No. Qty. Unit Unit Price Written in Words (in numbers & words) Amount
LF Wood Blocking $4.50 $2,250.00
P.
2 1,000 SF Steel Deck Repair $5.00 $5,000.00 Sealant and Backer Rod 3 500 LF Replacement $5,00 $2,500.00 Wet Seal 4 500 LF (glazing existing windows) $7.50 $3,750.00
TOTAL BASE BID WRITTEN IN WORDS: Two hundred and fifty nine thousand, three hundred and ten dollars
Empire Roofing Companies, Inc. Contractor
&&&?p'Ben Koonce - Vice President of Operations Signature Title
14309 Toepperwein, Ste 404 San Antonio, Texas 78233 Address CityjState Zip Code
Telephone N~1mber:@10)692-7700
Fax Number:(210) 590-2900 Bid Bond
Surety Department
KNOW ALL MEN BY THESE PRESENTS,
That we, Empire Roofing Companies, Inc., as Principal, hereinafter called the Principal, and the North American SpecialtV Insurance Company, a Corporation created and existing under the laws of the State of New Hampshire, whose principal office is in Manchester, NH, as Surety, hereinafter called the Surety, are held and firmly bound unto the Citv of Laredo, TX, as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the amount bid Dollars ($ ------), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal has submitted a bid for
Roof Recover Proiect, Laredo Main Public Librarv
NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithfbl performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 7th day of October, A.D. 2010. Attest: Empire Roofing Companies, Inc. ,,,,, d F~NG c //, $'o?*o.***o.?++,yo* **d5 By: Y --\ $: ISEAL) "35
~8:4 5: TEuS iijj:
5 do*, b'- 2 / *. *t 2, **...... 'Q 3 '/ '/ ,\+ Witness: North American Specialty "jl, ,,,ll\\\" Insurance Company
By: -- .. s:.. .. Tracy fuc~er,&~me~-in-~act CSEALj
Form S-3266-4 Printed in U.S.A. 12-70 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTOKYEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: W. LAWRENCE BROWN, TRACY TUCKER, TOBIN TUCKER and KEVIN J. DUNN JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MLLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24thof March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
BY Steven P. Anderson, Prerldenf & Cblef Executive OfEcer of Wmbiagton International Insurance Company & Senlor Vice President of North American Specialty Insurance Company
BY David M. Layman, Senior Vlce ~resident~ofWashington Internstionsl Insurance Company & Vlce President of Norih Amertcan Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this %day of May ,202.
North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss:
On this 5th day of May ,202, before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their res~ectivecom~anies.
Donna D. Sklens, Notary Public
I, James A. Carventer , the duly elected Assistant Secretarv of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney gi.ven by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of October ,2010. -SF*- James A. Carpenter, Vice Pnrident & Assistant Secretary OFWashington 'Lrtemtlional l~ursnceCompai.l'& North American Specialty Insunncc Company Mike Blagg
2010 - Present
Superintendent
Job Duties: Supervising and leading multiple roofing crews on commercial projects including roof replacements and new construction as well as ensuring that the roofing systems are installed correctly according to the scope of work and specifications. In addition to these duties it is my responsibility to make sure that projects run smoothly from start to finish.
Cram Roofing
Superintendent
Job duties: Supervising and leading a roofing crew on commercial projects including replacements and new construction as well as ordering all materials necessary to complete project. In addition, it was my responsibility to ensure that roof systems were installed properly, according to scope of work / specifications.
Turner Roofing
Superintendent
Job duties: Supervising and leading a roofing crew on commercial projects including replacements and new construction as well as ordering all materials necessary to complete project. In addition, it was my responsibility to ensure that roof systems were installed properly, according to scope of work/specifications. Projects:
Randolph AFB Luke AFB Cherry Point Fort Bliss Cam Lejeune ENPIRE ROOFING COMPANIES, LTD. MAJOR ROORNG PROJECTS
Prsiect Name: INTERCHANGE WAREHOUSE Location: 4663 WALZEM RD., SANANTONIO, TEXAS Owner: INTERCHANGE WAREHOUSE, LTD Year Roofed: 2003 Contract Amount: $254,000.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Sauare Feet: 93,500 Proiect Designer/ArchitecWConsultant & Phone: CROSS & COMPANY RYAN SMITH, ROBIN STEVENS.
Project Name: SADC 1- BUILDING 10 Location: 3453 I-H 35 NORTH, SAN ANTONIO, TEXAS
Owner: PROLOG4S ' Year Roofed: 2003 Contract Amount: $369,750.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 85,000 Project Desiener/Architect/Consultant & Phone: AUSTECH ENGINEERING Proiect Inspector: RAY MEYER /(210)530-9835
Pro.iect Name: 8401 DATAPOINT Location: 8401 DATAPOINT, SAN ANTONIO, TEAIS Owner: PRINCIPAL FINMCIAL GROUP Year Roofed: 2004 Contract Amount: $140,00.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 13,600 Project Designer/Architect/Consultant & Phone: ILIFF & ASSOCIATES Project Inspector: JIM ILIFF/ (903)567-7489 EMPIRE ROOFING CObPAhTZS, LTD. MAJOR ROOFING PROJECTS
Proiect Name: SADC I- BUILDING I1,12 613 Location: 3453 I-H 35 NORTH, SAN ANTONIO, TEXAS Owner: PROLOGIS Year Roofed: 2005 Contract Amount: $1,255,000.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 240,000 Praiect Designer/Architect/Consultant & Phone: AUSTECH ENGINEERING Pro.iect Inspector: RAY MEYER / (210) 530-9835
Proiect Name: SADC 9 Location: 1750 SHIPMAN, SAN ANTONIO, TEXAS Owner: ESTATE OF BART BROWN Year Roofed: 2004 Contract Amount: $194,000.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 59,600 Proiect Designer/Architect/Consultant & Phone: CAVENDER & HILL /KATHY NEILSEN (210)349-0900
Pro.iect Name: RITIirMAN 2 Location: 5400 RImMAN PLAZA , SAN ANTONIO, TEXAS Owner: DIVIDEND CAPITAL TRUST Year Roofed: 2008 Contract Amount: $301,000.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 44,500 Praiect DesignerlArchitectKonsultant& Phone: RVK Pro.ject Inspector: WJE- GREG SPAIZ/ (210) 826-4200 EMPIRE ROOFING COMPANIES, LTD. MAJOR ROOFING PROJECTS
Proiect Name: PYRAMID BUILDING Location: 601 NW LOOP 410, SANANTONIO, TEXAS Owner: MSB PYRAMID L. P. Year Roofed: 2008 Contract Amount: $208,000.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 14.000 Pro.iect Designer/Architect/Consultant & Phone: ILIFF & ASSOCIATES Praject Inspector: JIM ILIFF / (903)567-7489
Proiect Name: BROADWAY Location: 9315 BROAD WAY, SANANTONIO, TEXAS Owner: SEACAL BROAD WAY, LLC Year Roofed: 2008 Contract Amount: $463,775.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 14.000 Prsiect Designer/Architect/Consultant & Phone: ILIFF & ASSOCIATES Prqiect Inspector: JIM ILIFF / (903)567-7489
Project Name: SOUTH PARK 1 Location: 1701 DIRECTORS AUSTIN, TEXAS Owner: STATE OF OHIO TEACHERS RETIREMENT FUND Year Roofed: 2008 Contract Amount: $240,000 Percentape of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 18,000 Pro-iectDesi~ner/Architect/Consultant & Phone: ROOF MANAGEMENT Pro-iect Inspector: JOHNATHAN CHAMBERLAIN / (937) 642-3911 EMPIRE ROOFING COMPANIES, LTD. MAJOR ROOFING PROJECTS
Proiect Name: BAVK OF AMERICA Location: 500 N. SHORELINE CORP US CHRISTI, TEHS Owner: BANK OF AMERICA Year Roofed: 2007 Contract Amount: $315,000 Percenta~eof the Cost of Work Performed with Our Own Forces: 100% Roof area in Sauare Feet: 25,000 Pro.iect Designer/Architect/Consultant & Phone: TOMMY FRETTOLOSO/CBRE (214)209-2235
Pro.iect Name: ROOF REPLACEMENT- HALLMARK BANKING CENTER A & B Location: 16001 NORTH DALLAS PARKWAY - ADDISON, TEXAS Owner: CB RICHARD ELLIS Contract Amount: $2,2 15,467.00 Scheduled Completion Date: 01/25/08 Percentage of Work Performed with Our Own Forces: 100% Roof area in Squares: 264,000 SQUARE FEET Pro-iect Designer/Architect/Consultant: AMTECH B UILDING SCIENCES. Project Inspector: MIKE BLANCHEZTE / 972-690-6044
Pro-iect Name: ROOF REPLACEMENT - SOONER POWER PLANT Location: 10800 CO UNTY ROAD 230 - RED ROCK, OKLAHOMA Owner: OKLAHOMA GAS & ELECTRIC Contract Amount: $1,051,290.00 Scheduled Completion Date: 12/15/08 Percenta~eof Work Performed with Our Own Forces: 100% Roof area in Squares: 48,500 SQUARE FEET Pro-iect Designer/Architect/Consultant: CONLEY GROUP Pro-iect Inspector: CHARLES HERMM/ 972-444-9020 EMPIRE ROOFING COMPANIES, LTD. MAJOR ROOFING PROJECTS
Project Name: ROOF REPLACEMENT-SEMIOLE POWER PLANT Location: HIGHWAY 99- KONA WA, OKLAHOMA Owner: OKLAHOMA GAS & ELECTRIC Contract Amount: $602,306.00 Scheduled Completion Date: 12/01/08 Percentage of Work Performed with Our Own Forces: 100% Roof area in Squares: 8.000 SQUARE FEET Type of Roof : PERFORMANCE ROOF SYSTEMS - MODIFIED Prsiect Desiener/Architect/Consultant: CONLEY GROUP Pro-iectInspector: CHARLES HERMAN / (972) 444-9020
Pro.iect Name: I- 35 BUSINESS PARK 1&3 Location: 12000 CRO WNPOINT SAN ANTONIO, lX Owner: PROLOGIS Year Roofed: 2005 Contract Amount: $331,000.00 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 85,400 Project Designer/Architect/Consultant & Phone: AUSTECH ENGINEERING Pro-iectInspector: RAY MEYER / (210) 530-9835
Proiect Name: LAVACA BUILDING Location: 504 LAVACA AUSTIN, TEXAS Owner: TRIPLE NET PROPERTIES Year Roofed: 2008 Contract Amount: $380,000 Percentage of the Cost of Work Performed with Our Own Forces: 100% Roof area in Square Feet: 30,000 Proiect Designer/Architect/Consultant & Phone: ENDEAVOR REAL ESTATE JESSICA ALMAGUER (512) 682-5500 COUNCIL COMMUNICATION
DATE: SUBJECT: MOTION Consideration to ratify the City Manager's authorization of the second amendment to the 11/8/10 contract between the City of ared do and the Laredo Municipal Housing Corporation (LMHC) in the amount of $299,228 for the repair of properties acquired through the 2008 Texas Neighborhood Housing Stabilization Program (NSP) to include the specific addresses of the 21 properties to be rehabilitated and incorporating as part of the contract the plans and specifications for repair for each house identified as Attachment A. Funding is available in the Texas Neighborhood Housing Stabilization Account. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director
PREVIOUS COUNCIL ACTION: 9/7/20 10 - Council authorized amendment to the contract between LMHC and the City for the repair of NSP acquired homes by increasing the contract anlount from $239,000 to $299,228.
BACKGROUND: On September 1,2009, the City of Laredo entered into contract with the Texas Department of Housing and Community Affairs (TDHCA) for the use of 2008 Texas NSP Funds. The NSP helps to stabilize neighborhoods by providing for the acquisition of foreclosed housing units, rehab as necessary, and resale to very low income families. On August 2,20 10, City Manager was authorized to enter into contract with the Laredo Municipal Housing Corporation in an amount not to exceed $239,000 to repair homes purchased through the Texas Neighborhood Stabilization Program. The Contract was later amended to increase the contract amount to $299,228 on 9/7/20 10.
In order to comply with NSP requirements, the addresses to be rehabbed and the scope of work must be included as part of the contract. The addresses of the units that have been acquired andlor are proposed to be acquired and rehabilitated are as follows: Acquired: Subiect to be Acquired: 508 Everest Ct. 4742 S. Lucy 2203 Guaymas 4739 Luka Lane 3604 Aguanieve 4452 Sofia 6 1 1 1 Alpes Ct. 3626 Sereno 3802 Nogal Ln. 4 120 Exodus 6 15 Hewes 1519 Doctora Eva Perez Ln. 3629 Sereno 1521 Doctora Eva Perez Ln. 11 145 Salado 5556 Portugal Loop 12901 Mohawk 920 Lakota 3823 Katiana 4429 Lyman Hall 3 3 15 Chacota
FINANCIAL IMPACT: None
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this motion be passed. CONTRACT AMENDMENT #2 TO 2008 TEXAS NEIGHBORHOOD STABILIZATION PROGRAM CONTRACT
This is the second amendment to the contract, dated the 2nd day of August, 20 10, between the City of Laredo, referred to as "City" and the Laredo Municipal Housing Corporation, of the City of Laredo, County of Webb, State of Texas, referred to as "LMHC", in regard to the award of $299,228 for the repair of residential units acquired through the program located at various addresses throughout the City of Laredo, Texas.
The parties agree to amend the contract in the following respects:
Section 1: There are added the underscored provisions to Section 1 as follows:
1. CITY agrees to do the following:
A. Contract in an amount not to exceed $299,228 in 2008 Texas Neighborhood Stabilization funds for the repair of 2 1 previously foreclosed and vacant residential housing units which have been acquired and/or are subject to be acquired by the City with Neighborhood Stabilization Program funds and named below:
Acquired: Subject to be Acquired:
508 Everest Ct. 4742 S. Lucy 4739 Luka Lane 3604 Aguanieve 6 11 1 Alpes Ct. 3626 Sereno 4120 Exodus 6 15 Hewes 15 19 Doctora Eva Perez Ln. 3629 Sereno 152 1 Doctora Eva Perez Ln. 11 145Salado 5556 Portuyal Loop 12901 Mohawk 920 Lakota 3823 Katiana 4429 Lyman Hall 33 15 Chacota 2203 Guaymas 4452 Sofia 3802 Nogal Ln
The work will include, but will not be limited to, the repair, or new installation of roofing, plumbing, electrical wiring, air conditioning and other general improvements as specified on the Plans and Specifications included as Attachment A.
In all other respects, the contract dated the 2nd day of August, 2010 is unchanged.
Executed in duplicate originals, this day of ,2010.
THE LAREDO MUNICIPAL HOUSING CORPORATION
BY: Ms. Elizabeth Alonzo Executive Director
CITY OF LAREDO
By: Carlos Villarreal City Manager
ATTEST:
Gustavo Guevara, Jr. City Secretary
APPROVED AS TO FORM: Raul Casso IV City Attorney
By: Nathan Bratton Assistant City Attorney COUNCIL COMMUNICATION
DATE: SUBJECT: MOTION 11/08/10 Refund of property tax in the amount of $641.08 payable to EverHome Mortgage Co. due to an erroneous payment. Account # 938-20009-030.
INITIATED BY: STAFF SOURCE: HORACIO A. DE LEON JR., ELIZABETH MARTINEZ, RTA ASSISTANT CITY MANAGER TAX ASSESSOR-COLLECTOR
PREVIOUS COUNCIL ACTION:
City Council has previously approved requests for refunds over $500.00 as required by State Law.
BACKGROUND:
Every month the Webb County Appraisal District submits to the City of Laredo changes in values certified by the WCAD Review Board. Some of these changes require tax refunds be issued due to clerical errors, double assessments, over assessments, over 65 exemptions, did not exist on the lStof the year, exempt property and combined properties. As per section 26.15 (f) of the Texas Property Tax Code, "If a correction decreases the tax liability of a property owner after the owner has paid the tax, the taxing unit shall refund to the property owner the difference between the tax paid and the tax legally due. As per Section 31.1 1 ( c ) of the Texas Property Tax Code, "An application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund." A taxpayer may request a refund if an overpayment or an erroneous payment was made. As per Section 42.43 (a) of the Texas Property Tax Code, "If the final determination of an appeal that decreases a property owner's tax liability occurs after the property owner has paid hislher taxes, the taxing unit shall refund to the property owner the difference between the amount of taxes paid and amount of taxes for which the property owner is liable.
FINANCIAL IMPACT:
The City of Laredo will refund an amount of $641.08. It will be paid from line item RevenueAJnapplied Payments. Account # 10 1-0000-222-0300.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:
Approval of these refinds as detailed above. Tax Assessor - Collector P.O. BOX 6548 11 10 Houston St. Laredo, Texas 78042 - 6548 For Credit Refunds Only 101-0000-222-03-OO(DEF.REV.) dppficationfor lax 2&!find
Owner's name: Mendiola M. Susana Present mailing address: 3605 Stamford St. City, town or post office/state/zip code: Laredo, Texas 78043 Refund payable to:(if different from above) Name: EverHome Mortgage Mailing address: Tax Department P.O. Box 2329 City, town or post office/state/zip code: Jacksonville, FL 32232-9967
Propel-ty legal description: Lot 3 Blk 9 Eastwoods 111 Address or location of property: 3605 Stamford St. Parcel number: ' 93 8-20009-030
Tax Payinent Information: Amount of Year for which Date of the Amount of tax refund .------..------.-refund is requested *....--...---.----.tax payment --.--.------Taxes paid .------requested .------.------.2009 .------.1211 1/09 ...---.------64 1.08 .------64 1.08
l~otalRefund 64 1.08 Taxpayer's reason for refund (attach supporting docun~entation): EverHome Mortga,re paid parcel 938-20009-030 in error via Lereta Tax Service and is requested a refund on the eri-oneouspayment. COUNCIL COMMUNICATION
DATE: SUBJECT: MOTIONS 11/08/10 Consideration to authorize the purchase and installation of ADA compliant cardio and strength equipment for the Haynes Recreation Center fiom the following vendors: 1) Bodyworks Fitness Equipment, Austin, Texas, through the BuyBoard's cooperative purchasing program's contract pricing in the amount of $1 16,067.00; 2) Marathon Fitness, Sugarland, Texas, through the State of Texas -TXMAS cooperative purchasing program, in the amount of $41,853.00. Funding is available from the 2009 Personal Property Financing Certificates of Obligation Bond Proceeds.
INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Osbaldo Gurman, Parks & Leisure Services Director Francisco Meza, Purchasing Agent
PREVIOUS COUNCIL ACTION: Authorized participation in the State of Texas -TXMAS and BuyBoard cooperative purchasing programs.
BACKGROUND: Authorization is requested for the purchase and installation of cardio and strength equipment and additional cardio and strength equipment, ADA compliant, for the Haynes Recreation Center o purchase fiom Bodyworks Fitness Equipment, Austin, Texas and Marathon Fitness, Sugarland, Texas utilizing the BuyBoard and the State of Texas - TXMAS cooperative purchasing programs.
Haynes Recreation Center Weight Room $1 16,067.00 BuyBoard Contract #336-10
Haynes Recreation Center - Sp. Needs Weight Room $41,853.00 TXMAS Contract 9-780 10 Total $157,920.00
- FINANCIAL IMPACT: Funding for this equipment is available fiom the 2009 Personal Property Financing Certificates of Obligation Bond Proceeds.
Account Number: 401-9864-535-9001 Total Amount $75,025 Account Number: 401-9864-532-2400 Total Amount $74,975 Account Number: 101-3125-555-9001 Total Amount $ 7,920 Total Amount $ 157,920
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that these contracts be approved. N/A Quotation Date: 21251201 0 Quote Number: 000045 2222 West Rundberg, Suite. 400 Quote Expires on: 111221201 0 Austin, TX 78758 Questions? Please call 512-442-0700 (512-472-0500 FAX) [email protected] Nathan Ehl- Bill To: Ship To: City of Laredo BuyBoard Contract # 336-10 Haynes Recreation Center Cybex Option Attn: Anita Stanley
Terms: Lead Time: 3-5 WEEKS Part Number Description Price I Qty I Extend I I I Cyex 750AT Total Body Arc Trainer w1Personal Entertainment Monitor Cybex 750T Treadmill wl Personal Entertainment Monitor Cybex 750R Recumbent Cycle WIPersonal Entertainment Monitor Cybex 750C Cycle WIPersonal Entertainment Monitor Cybex Plate Loaded Smith Press Cybex Adjustable -10 to 80 Bench Paramount Functional Trainer 2: 1 Cybex Eagle Hip Abl Ad Cybex Eagle Leg Press Cybex VR3 Leg Extension Cybex VR3 Prone Leg Curl Cybex VR3 Abdominal Cybex VR3 Back Extension Cybex VR3 Chest Press Cybex VR3 Fly Rear Delt Cybex VR3 Pulldown Cybex VR3 Row Cybex VR3 Arm Curl Cybex VR3 Tricep Press Cybex VR3 Torso Rotation Troy 451b Rubber encased olympic "inter-locking" grip plate Troy 351b Rubber encased olympic "inter-locking" grip plate Troy 251b Rubber encased olympic "inter-locking" grip plate Troy 101b Rubber encased olympic "inter-locking" grip plate Troy 51b Rubber encased olympic "inter-locking" grip plate Troy 2.51b Rubber encased olympic "inter-locking" grip plate
Note** Price includes freight and installation
Toll Free 888-285-0700 www.bodyworksfitness.net
Marathon Fitness Sales Quotation P.O. Box 17705 Sugar Land, TX 77496 Estimate No Tel: (281) 565-2307 800-391-9496 10/11/2010 Marathon Fitness Fax: (832) 201-0650 www.MarathonFitness.com
Bill to: Ship To
Laredo Parks and Leisure Services Haynes Health & Wellness Canter Attn: Anita Stanley Special Needs Facility 2201 Piedra China Attn: Anita Stanley Laredo, TX 7845 Laredo, TX 78045
i
P.O. No. Terms Due Date Rep
Net 30 10/27/2010 Kacey
Q~Y Item Code Description Unit Retail Cost Total Quote# 1 3 AMTiE-I Precor AMT 100i, Experience Series w/ Integrated 12" 10,345.00 6,208.62 18,625.86 Dual-DigitaVAnalog PVS 1 ADA2220 Magnum 2220 Vertical BenchILat Row Pod - Wheelchair 2,785.00 2,030.38 2,030.38 Accessible (238 lbs) 1 ADA1121 Magnum 1121 BicepILat Pulldown Pod - Wheelchair 2,785.00 2,030.38 2,030.38 Accessible (228 lbs) 1 ADA18 Magnum 18 Pec Deck Pod - Wheelchair Accessible (226 lbs) 2,450.00 1,786.15 1,786.15 1 ADA23 Magnum 23 Adjustable Pulley Pod - Wheelchair Accessible 1,850.00 1,348.73 1,348.73 (178 lbs) 2 UB300H Magnum Upper Body Ergometer with Adjustable Console & 3,545.00 2,501.09 5,002.18 Cranks 4 PGPV051501DTL ... Cardio Theater Dual 15" Silver PVS (Includes Screen, 1,849.00 1,393.41 5,573.64 Controller & Independent Stand) 1 CWFTS-Glide Precor FTS Glide Functional Strength Trainer, Titanium 3,895.00 2,175.37 2,175.37 1 Freight Freight 2,460.00 2,460.00 1 INST Certified Installation 820.00 820.00
TXMAS Contract No.: TXMAS-9-78010 HUB Certificate No.: 1680544664400
Subtotal $41,852.69 I accept the terms and conditions of this quotation. Sales Tax (0.0%) $0.00 Signature: PO# Total $41,852.69 Printed Name: Title:
DELIVERY INSTRUCTIONS: Must arrive by I 1 Loading Dock: Yes No Elevator: Yes No .Frame: Upholstery: 1 UB300 H UPPER BODY ERGOMETER 2 S520HA NEXTSTEP RECUMBENT STEPPER 3 FTS GLIDE FUNCTIONAL TRAINER 4 ADA ADVANTAGE TRAINER
32'-7"
SCALE: KACEY WELLS 1/8**=1 *-on LAREDO PARKS & MARATHON FITNESS DATE: TEL (210) 488-6386 10.12.10 HHWC FAX(832)201-0650 PRJ NO: P.O. BOX 17705 10111 NEEDS ROOM SUGARLAND, TX 77496 Marathon Fitness CITY COUNCIL MEETING AS LAREDO MASS TRANSIT BOARD COMMUNICATION DATE: / SUBJECT: MASS TRANSIT BOARD MOTION 11-08-10 Motion to waive bus fare collection to and from the HEB Thanksgiving "Feast of Sharing" Sunday, November 21, 2010 as participation by the City of Laredo co- sponsoring this event. The shuttle will start at the Transit Center, 1301 Farragut to and from the Civic Center from 9:30 a.m. and end at 5:30 p.m. El Metro bus service will be provided as a contribution towards this annual event.
INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Feliciano Garcia, LTMI General Manager
PREVIOUS BOARD ACTION: None.
BACKGROUND: HEB along with the City of Laredo is co-sponsoring the Thanksgiving Feast of Sharing event on Sunday, November 2 1,2010. This event will allow less fortunate citizens to enjoy a traditional Holiday Feast at the Civic Center. In order to allow citizens a greater opportunity to attend the "Feast of Sharing", El Metro proposes to provide free service to all citizens who are attending the event. This action in conjunction with the "Feast of Sharing" would convey a spirit of "Community Togetherness" to all the participants and sponsors. The shuttle will start at the Transit Center, 1301 Farragut to and from the Civic Center at 9:30 a.m. and end at 5:30 p.m.
FINANCIAL: El Metro bus service will be provided as a contribution towards this annual event.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval of this motion. October 12,2010
Mr. Feliciano Garcia Jr Laredo Transit Management Co. 1301 Farragut St. Laredo, TX 78040
Dear Mr. Garcia,
The 22" "Annual Feast of Sharing" the H-E-B Thanksgiving Dinner is scheduled for Sunday November 21&, 2010, from 11:OOam to 3:00pm, at the Laredo Civic Center.
As in previous years we would like to have El Metro provide bus rides to the citizens of Laredo, Webb County and surrounding communities who attend the Thanksgiving Dinner at the Laredo Civic Center. H-E-B has provided a modest reimbursement to El Metro for all services provided on the day of the dinner.
All of the "Feast of Sharing" Sponsors provide all services, product and entertainment free of charge. Therefore, we would like to request your help in waving the fee for all fares and provide your services as a contribution towards the annual "Feast of Sharing.
The guests that attend the free event in most cases have no transportation at all. Therefore, the event would not be a success without your support.
Again thank you for your consideration of our request and we appreciate your positive response.
Director of Retail Operations Border Region - Southwest Area
1301 GUADALUPE, LAREDO, TEXAS 78040 (956) 724- 176 1