ACCEPT WORK - NUMBER 1 PURCHASING AND TABULATION OF BIDS - NUMBERS 2 through 11A RESOLUTIONS AND ORDINANCES - NUMBERS 12 through 52
Consideration of Consent Agenda
2. VIRTUO GROUP CORPORATION for purchase of Professional Services for Critical Infrastructure Cybersecurity Framework - $500,000.00 - Grant Fund 9. ORDINANCE appropriating $1,704,739.14 out of Water & Sewer System Consolidated Construction Fund for spending authority to purchase Software Licenses and Integration Services for Public Works & Engineering Department a. INFOR PUBLIC SECTOR, INC - $3,363,050.80; CLOUDNEXA, INC - $1,500,000.00; PRECISION TASK GROUP - $632,000.00 for Spending Authority to purchase Software Licenses, Software Maintenance, Integration Services, and Cloud Computing Services from the General Services Administration Schedule 70 Contract and the Texas Department of Information Resources through the Cooperative Purchasing Program for the Department of Public Works & Engineering - $5,495,050.80 - Enterprise and Dedicated Drainage & Street Renewal Funds 10. ORDINANCE approving and authorizing an agreement between the City of Houston and INFOR PUBLIC SECTOR, INC for purchase of Software Licenses, and Support through the U.S. General Services Administration Contract a. INFOR PUBLIC SECTOR, INC for purchase of Software Licenses, and Support under the Master Agreement and the U.S. General Services Administration Schedule 70 Contract $4,913,049.91 – General and Central Service Revolving Funds
SET A PUBLIC HEARING DATE regarding the designation of a Tax Abatement Reinvestment Zone for Breckenridge Group Houston Texas, LP - DISTRICT I - GALLEGOS SUGGESTED HEARING DATE - 9:00 A.M. - WEDNESDAY - MAY 28, 2014
MATTERS HELD - NUMBERS 54 through 55L 54. ORDINANCE appropriating $99,188.00 out of Equipment Acquisition Consolidated Fund for Sole Source Purchase of B2Gnow Web-Based Diversity Management System Software and Support Services for the Office of Business Opportunity a. MOTION by Council Member Bradford/Seconded by Council Member Gonzalez to adopt recommendation from Purchasing Agent to award to ASKREPLY, INC d/b/a B2GNOW for Purchase of B2GNow Web-Based Diversity Management System Software and Support Services for the Office of Business Opportunity TAGGED BY COUNCIL MEMBER KUBOSH These were Items 11 and 11A on Agenda of May 7, 2014 55. WRITTEN MOTION by Council Member Cohen to amend Item 55L as follows: 1. “Amend the last sentence of the definition of "place of public accommodation" in Section 17-2 of Exhibit A of the Ordinance to read as follows: "For purposes of article IV of this chapter, the leasing office, visitor parking area and model units of a multi-family housing facility shall not be considered a place of public accommodation." 2. Amend Section17-112 of Exhibit A of the Ordinance by adding new Subsections (i) and (j) to read as follows: "(i) The provisions of this article do not apply to discrimination based on age. "(j) It shall be unlawful for a person to file a complaint in bad faith under this article. For purposes of this article, bad faith means wholly without foundation in law or fact, or done solely for the purpose of harassment." 3. Amend Section 17-123 of Exhibit A of the Ordinance to read as follows" "Sec. 17-123. Housing for the elderly exempted. The provisions of this article relating to familial status, age and pregnancy do not apply to housing for older persons." 4. Amend Subsection 17-131(a) of Exhibit A of the Ordinance by adding a new sentence at the end of the subsection, which shall read as follows: "If the complaint, other than a complaint referred pursuant to subsection (b) of this section, states a claim that is within the jurisdiction of a federal or state agency, the fair housing administrator may refer the complaint to the appropriate agency for further action and discontinue the investigation of the complaint." 5. Amend the first line of Subsection 17-131(f) of Exhibit A of the Ordinance to read as follows" "Except as to complaints that are referred to a federal or state agency, within 10 days after the filing of a complaint, the fair housing administrator shall:" TAGGED BY COUNCIL MEMBERS LASTER AND COHEN a. WRITTEN MOTION by Council Member Green to amend Item 55L as follows: “I move to amend Article III (Contracting), Section 17-41 (Prohibition against discrimination in awarding contracts) to include: "The language of this article shall not be interpreted to conflict with provisions of Chapter 15 of the City of Houston Code of Ordinances." TAGGED BY COUNCIL MEMBERS LASTER AND COHEN b. WRITTEN MOTION by Council Member Davis to amend Item 55L as follows: “I move to amend Article IV (Public Accommodations), Section 17-54 (Exemptions) to include: This article shall not apply to: (4) Discounts on any product, service, or facility for any person on the basis of age, or military status. TAGGED BY COUNCIL MEMBERS LASTER AND COHEN c. WRITTEN MOTION by Council Member Gallegos to amend Item 55L as follows: “Add a new Section 2A to the Ordinance, which shall follow Section 2 and read as follows: "Section 2A. That the following definition of employer in Section 17-2 of the Code of Ordinances shall become effective on the first anniversary of the effective date of this Ordinance: 'Employer means a person who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent. The term does not include a person's contractor or vendor with respect to the conduct of the contractor or vendor toward the employees of said contractor or vendor; the United States, or a corporation wholly owned by the government of the United States; a bona fide private membership club which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; the state, a state agency, or political subdivision; or a religious organization.' That the following definition of employer in Section 17-2 of the Code of Ordinances shall become effective on the second anniversary of the effective date of this Ordinance: 'Employer means a person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent. The term does not include a person's contractor or vendor with respect to the conduct of the contractor or vendor toward the employees of said contractor or vendor; the United States, or a corporation wholly owned by the government of the United States; a bona fide private membership club which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; the state, a state agency, or political subdivision; or a religious organization.'" TAGGED BY COUNCIL MEMBERS LASTER AND COHEN d. WRITTEN MOTION by Council Member Gonzalez to amend Item 55L as follows: “I move to amend Article I, Section 17-2 (Definitions) so as to change the definitions of the terms "Gender Identity" and "Sex" to read as follows: "Gender Identity means an individual's innate identification, appearance, expression or behavior as either male or female. Although the same may not correspond to the individual's body or sex as assigned at birth." "Sex is defined as the biological differences between men and women." I further move to amend Article IV, Section 17-51(b)(Prohibition against discrimination in public accommodation) to read as follows: "It shall be unlawful for any place of public accommodation or employee or agent thereof to intentionally deny any person entry to any restroom, shower room, or similar facility if that facility is consistent with and appropriate to that person's expression of gender identity. It shall be a defense to prosecution for discrimination on the basis of gender identity under this article, however, if, under all the facts and circumstances, the defendant reasonably believed that the person discriminated against was seeking access to the facility for an unlawful purpose. Nothing in section shall require construction of a new bathroom shower room, or similar facility." TAGGED BY COUNCIL MEMBERS LASTER AND COHEN e. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to edit Section 6 of the Ordinance by: Replace the effective date of the ordinance from: "the thirtieth day next following the date of its passage and approval by the Mayor" to "September 1, 2014". TAGGED BY COUNCIL MEMBERS LASTER AND COHEN f. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to edit Section 17-51 (b) by: Delete the first two sentences "It shall be unlawful for any place of public accommodation or any employee or agent thereof to intentionally deny any person entry to any restroom, shower room, or similar facility if that facility is consistent with and appropriate to that person's expression of gender identity. It shall be a defense to prosecution for discrimination on the basis of gender identity under this article, however, if the defendant had a good faith belief that the gender or gender identity of the person discriminated against was not consistent with the gender designation of the facility. Replace with: "It shall be unlawful for any place of public accommodation or any employee or agent thereof to intentionally, and with the absence of good faith, deny any person entry to any restroom, shower room, or similar facility if that facility is consistent with and appropriate to that person's expression of gender identity." TAGGED BY COUNCIL MEMBERS LASTER AND COHEN g. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to: Insert the following after the second sentence of Section 17-52(b): "As part of such investigation, the office of the inspector general shall provide to the party being investigated for violating this article an affidavit in which such party shall have the ability to disclose the factual basis of its good faith belief that the gender or gender identity of the person discriminated against was not consistent with the gender designation of the facility. If such affidavit is received by the office of the inspector general within 30 days and the facts stated in the affidavit states such good faith belief comprehensively (in terms of the behavior, clothing, hairstyles, activities, voice or mannerisms of the person discriminated against), the office of the inspector general shall dismiss the case with prejudice. By not providing such an affidavit to the inspector general during the preliminary investigation, the person being investigated shall not be deemed to waive the affirmative defense contained herein, which may still be raised in connection with any such legal proceeding regarding these claims. TAGGED BY COUNCIL MEMBERS LASTER AND COHEN h. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to edit: Sec 17-121 (a)(1)a. - Replace the number "3" with the number "8" Sec 17-121 (a)(1)b. - Replace the number "3" with the number "8" TAGGED BY COUNCIL MEMBERS LASTER AND COHEN TAGGED i. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “Insert at the end of Sec.17-55 (b): "Provided, however, that upon a first time conviction for an offense under this Article IV, the defendant shall be placed on deferred adjudication and, provided there are no convictions for additional offenses committed under this Article IV by the defendant within one calendar year, all penalties for the offense shall be dismissed and waived and the original case shall be dismissed.” TAGGED BY COUNCIL MEMBERS LASTER AND COHEN j. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to amend Exhibit A of the Ordinance by deleting the text of Article V in its entirety and reserving the Article number and Sections 17-61 through 17-64.” TAGGED BY COUNCIL MEMBERS LASTER AND COHEN k. MOTION by Council Member Bradford/seconded by Council Member Laster to amend Item 55L to incorporate “in accordance with federal law” into Section 17-122(a)(2) TAGGED BY COUNCIL MEMBERS LASTER AND COHEN l. ORDINANCE AMENDING CHAPTERS 2, 15 and 17 of the CODE OF ORDINANCES, HOUSTON, TEXAS, prohibiting discrimination on the basis of protected characteristics in City employment, City services, City contracting practices, housing, public accommodations, and private employment; containing findings and other provisions relating to the foregoing subject; declaring certain conduct unlawful; providing for a penalty; providing for severability TAGGED BY COUNCIL MEMBERS LASTER and COHEN These was Item 14 on Agenda of May 7, 2014
May 14, 2014 City Council
ACCEPT WORK - NUMBER 1 PURCHASING AND TABULATION OF BIDS - NUMBERS 2 through 11A RESOLUTIONS AND ORDINANCES - NUMBERS 12 through 52
Consideration of Consent Agenda
2. VIRTUO GROUP CORPORATION for purchase of Professional Services for Critical Infrastructure Cybersecurity Framework - $500,000.00 - Grant Fund 9. ORDINANCE appropriating $1,704,739.14 out of Water & Sewer System Consolidated Construction Fund for spending authority to purchase Software Licenses and Integration Services for Public Works & Engineering Department a. INFOR PUBLIC SECTOR, INC - $3,363,050.80; CLOUDNEXA, INC - $1,500,000.00; PRECISION TASK GROUP - $632,000.00 for Spending Authority to purchase Software Licenses, Software Maintenance, Integration Services, and Cloud Computing Services from the General Services Administration Schedule 70 Contract and the Texas Department of Information Resources through the Cooperative Purchasing Program for the Department of Public Works & Engineering - $5,495,050.80 - Enterprise and Dedicated Drainage & Street Renewal Funds 10. ORDINANCE approving and authorizing an agreement between the City of Houston and INFOR PUBLIC SECTOR, INC for purchase of Software Licenses, and Support through the U.S. General Services Administration Contract a. INFOR PUBLIC SECTOR, INC for purchase of Software Licenses, and Support under the Master Agreement and the U.S. General Services Administration Schedule 70 Contract $4,913,049.91 – General and Central Service Revolving Funds
SET A PUBLIC HEARING DATE regarding the designation of a Tax Abatement Reinvestment Zone for Breckenridge Group Houston Texas, LP - DISTRICT I - GALLEGOS SUGGESTED HEARING DATE - 9:00 A.M. - WEDNESDAY - MAY 28, 2014
MATTERS HELD - NUMBERS 54 through 55L 54. ORDINANCE appropriating $99,188.00 out of Equipment Acquisition Consolidated Fund for Sole Source Purchase of B2Gnow Web-Based Diversity Management System Software and Support Services for the Office of Business Opportunity a. MOTION by Council Member Bradford/Seconded by Council Member Gonzalez to adopt recommendation from Purchasing Agent to award to ASKREPLY, INC d/b/a B2GNOW for Purchase of B2GNow Web-Based Diversity Management System Software and Support Services for the Office of Business Opportunity TAGGED BY COUNCIL MEMBER KUBOSH These were Items 11 and 11A on Agenda of May 7, 2014 55. WRITTEN MOTION by Council Member Cohen to amend Item 55L as follows: 1. “Amend the last sentence of the definition of "place of public accommodation" in Section 17-2 of Exhibit A of the Ordinance to read as follows: "For purposes of article IV of this chapter, the leasing office, visitor parking area and model units of a multi-family housing facility shall not be considered a place of public accommodation." 2. Amend Section17-112 of Exhibit A of the Ordinance by adding new Subsections (i) and (j) to read as follows: "(i) The provisions of this article do not apply to discrimination based on age. "(j) It shall be unlawful for a person to file a complaint in bad faith under this article. For purposes of this article, bad faith means wholly without foundation in law or fact, or done solely for the purpose of harassment." 3. Amend Section 17-123 of Exhibit A of the Ordinance to read as follows" "Sec. 17-123. Housing for the elderly exempted. The provisions of this article relating to familial status, age and pregnancy do not apply to housing for older persons." 4. Amend Subsection 17-131(a) of Exhibit A of the Ordinance by adding a new sentence at the end of the subsection, which shall read as follows: "If the complaint, other than a complaint referred pursuant to subsection (b) of this section, states a claim that is within the jurisdiction of a federal or state agency, the fair housing administrator may refer the complaint to the appropriate agency for further action and discontinue the investigation of the complaint." 5. Amend the first line of Subsection 17-131(f) of Exhibit A of the Ordinance to read as follows" "Except as to complaints that are referred to a federal or state agency, within 10 days after the filing of a complaint, the fair housing administrator shall:" TAGGED BY COUNCIL MEMBERS LASTER AND COHEN a. WRITTEN MOTION by Council Member Green to amend Item 55L as follows: “I move to amend Article III (Contracting), Section 17-41 (Prohibition against discrimination in awarding contracts) to include: "The language of this article shall not be interpreted to conflict with provisions of Chapter 15 of the City of Houston Code of Ordinances." TAGGED BY COUNCIL MEMBERS LASTER AND COHEN b. WRITTEN MOTION by Council Member Davis to amend Item 55L as follows: “I move to amend Article IV (Public Accommodations), Section 17-54 (Exemptions) to include: This article shall not apply to: (4) Discounts on any product, service, or facility for any person on the basis of age, or military status. TAGGED BY COUNCIL MEMBERS LASTER AND COHEN c. WRITTEN MOTION by Council Member Gallegos to amend Item 55L as follows: “Add a new Section 2A to the Ordinance, which shall follow Section 2 and read as follows: "Section 2A. That the following definition of employer in Section 17-2 of the Code of Ordinances shall become effective on the first anniversary of the effective date of this Ordinance: 'Employer means a person who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent. The term does not include a person's contractor or vendor with respect to the conduct of the contractor or vendor toward the employees of said contractor or vendor; the United States, or a corporation wholly owned by the government of the United States; a bona fide private membership club which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; the state, a state agency, or political subdivision; or a religious organization.' That the following definition of employer in Section 17-2 of the Code of Ordinances shall become effective on the second anniversary of the effective date of this Ordinance: 'Employer means a person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent. The term does not include a person's contractor or vendor with respect to the conduct of the contractor or vendor toward the employees of said contractor or vendor; the United States, or a corporation wholly owned by the government of the United States; a bona fide private membership club which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; the state, a state agency, or political subdivision; or a religious organization.'" TAGGED BY COUNCIL MEMBERS LASTER AND COHEN d. WRITTEN MOTION by Council Member Gonzalez to amend Item 55L as follows: “I move to amend Article I, Section 17-2 (Definitions) so as to change the definitions of the terms "Gender Identity" and "Sex" to read as follows: "Gender Identity means an individual's innate identification, appearance, expression or behavior as either male or female. Although the same may not correspond to the individual's body or sex as assigned at birth." "Sex is defined as the biological differences between men and women." I further move to amend Article IV, Section 17-51(b)(Prohibition against discrimination in public accommodation) to read as follows: "It shall be unlawful for any place of public accommodation or employee or agent thereof to intentionally deny any person entry to any restroom, shower room, or similar facility if that facility is consistent with and appropriate to that person's expression of gender identity. It shall be a defense to prosecution for discrimination on the basis of gender identity under this article, however, if, under all the facts and circumstances, the defendant reasonably believed that the person discriminated against was seeking access to the facility for an unlawful purpose. Nothing in section shall require construction of a new bathroom shower room, or similar facility." TAGGED BY COUNCIL MEMBERS LASTER AND COHEN e. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to edit Section 6 of the Ordinance by: Replace the effective date of the ordinance from: "the thirtieth day next following the date of its passage and approval by the Mayor" to "September 1, 2014". TAGGED BY COUNCIL MEMBERS LASTER AND COHEN f. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to edit Section 17-51 (b) by: Delete the first two sentences "It shall be unlawful for any place of public accommodation or any employee or agent thereof to intentionally deny any person entry to any restroom, shower room, or similar facility if that facility is consistent with and appropriate to that person's expression of gender identity. It shall be a defense to prosecution for discrimination on the basis of gender identity under this article, however, if the defendant had a good faith belief that the gender or gender identity of the person discriminated against was not consistent with the gender designation of the facility. Replace with: "It shall be unlawful for any place of public accommodation or any employee or agent thereof to intentionally, and with the absence of good faith, deny any person entry to any restroom, shower room, or similar facility if that facility is consistent with and appropriate to that person's expression of gender identity." TAGGED BY COUNCIL MEMBERS LASTER AND COHEN g. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to: Insert the following after the second sentence of Section 17-52(b): "As part of such investigation, the office of the inspector general shall provide to the party being investigated for violating this article an affidavit in which such party shall have the ability to disclose the factual basis of its good faith belief that the gender or gender identity of the person discriminated against was not consistent with the gender designation of the facility. If such affidavit is received by the office of the inspector general within 30 days and the facts stated in the affidavit states such good faith belief comprehensively (in terms of the behavior, clothing, hairstyles, activities, voice or mannerisms of the person discriminated against), the office of the inspector general shall dismiss the case with prejudice. By not providing such an affidavit to the inspector general during the preliminary investigation, the person being investigated shall not be deemed to waive the affirmative defense contained herein, which may still be raised in connection with any such legal proceeding regarding these claims. TAGGED BY COUNCIL MEMBERS LASTER AND COHEN h. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to edit: Sec 17-121 (a)(1)a. - Replace the number "3" with the number "8" Sec 17-121 (a)(1)b. - Replace the number "3" with the number "8" TAGGED BY COUNCIL MEMBERS LASTER AND COHEN TAGGED i. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “Insert at the end of Sec.17-55 (b): "Provided, however, that upon a first time conviction for an offense under this Article IV, the defendant shall be placed on deferred adjudication and, provided there are no convictions for additional offenses committed under this Article IV by the defendant within one calendar year, all penalties for the offense shall be dismissed and waived and the original case shall be dismissed.” TAGGED BY COUNCIL MEMBERS LASTER AND COHEN j. WRITTEN MOTION by Council Member Pennington to amend Item 55L as follows: “I move to amend Exhibit A of the Ordinance by deleting the text of Article V in its entirety and reserving the Article number and Sections 17-61 through 17-64.” TAGGED BY COUNCIL MEMBERS LASTER AND COHEN k. MOTION by Council Member Bradford/seconded by Council Member Laster to amend Item 55L to incorporate “in accordance with federal law” into Section 17-122(a)(2) TAGGED BY COUNCIL MEMBERS LASTER AND COHEN l. ORDINANCE AMENDING CHAPTERS 2, 15 and 17 of the CODE OF ORDINANCES, HOUSTON, TEXAS, prohibiting discrimination on the basis of protected characteristics in City employment, City services, City contracting practices, housing, public accommodations, and private employment; containing findings and other provisions relating to the foregoing subject; declaring certain conduct unlawful; providing for a penalty; providing for severability TAGGED BY COUNCIL MEMBERS LASTER and COHEN These was Item 14 on Agenda of May 7, 2014