PRESENTATIONS
2:00 P.M. – INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL AND ADOPT MINUTES OF PREVIOUS MINUTES
Reading of the Consent Agenda
RECONVENE
WEDNESDAY - May 25, 2016 - 9:00 A. M.
Hearings
Fiscal Year 2016 Budget Matters
MAYOR'S REPORT
CONSENT AGENDA
CONSENT AGENDA NUMBERS 2 through 43
PURCHASING AND TABULATION OF BIDS - NUMBERS 4 through 7
ORDINANCES - NUMBERS 8 through 43
Consideration of Matters Removed from Consent Agenda
CONSIDERATION OF MATTERS REMOVED FROM CONSENT AGENDA
ACCEPT WORK - NUMBER 2
PROPERTY - NUMBER 3
4. THE METHODIST HOSPITAL dba HOUSTON METHODIST for Human Cadaver Based Simulation Training for the Houston Fire Department - $86,186.67 - General Fund
6. PRIORITY HEALTHCARE DISTRIBUTION, INC dba CURASCRIPT SD SPECIALTY DISTRIBUTION for Nexplanon® Etonongestrel Implants for the Houston Health Department - 36 Months with two one-year options - $473,200.00 - General Fund
8. ORDINANCE appropriating and transferring $400,000.00 out of Contractor's Responsibility Fund into the Health Special Revenue Fund for the provision of services under the Care Houston Program for the Houston Health Department
10. ORDINANCE amending Ordinance Number 2013-0017 (Passed by City Council on January 9, 2013) to increase the maximum contract amount to an agreement between the City of Houston and CENTERPOINT ENERGY SERVICES, INC to provide Natural Gas to the City of Houston - $10,000,000.00 - Central Service Revolving Fund
11. ORDINANCE amending Ordinance Number 2014-0008 to increase the maximum contract amount for agreement for Professional Auditing Services between the City and MCCONNELL & JONES LLP / BANKS, FINLEY, WHITE & CO., a Joint Venture Partnership known as M&J/BFW TEAM, for Special Services - $800,000.00 - General Fund
13. ORDINANCE approving and authorizing amended and restated Managed Care Dental Agreement (DHMO PLAN) between the City and ALPHA DENTAL PROGRAMS, INC, and the amended and restated Group Dental Indemnity Agreement (DPO PLAN) between the City and DELTA DENTAL INSURANCE COMPANY, for City employees, retirees, deferred retirees, survivors and certain dependents, effective May 1, 2016
21. ORDINANCE approving and authorizing Amendment No. 7 to Construction Management At Risk Agreement between the City of Houston and MANHATTAN CONSTRUCTION COMPANY for Terminal D Phase 5 Construction Services at George Bush Intercontinental Airport/Houston (Project No. 500N; Contract No. 4600010038) - DISTRICT B - DAVIS
26. ORDINANCE appropriating $721,000.00 out of Fire Consolidated Construction Fund to In-House Renovation Revolving Fund to address Facility Condition Assessment Priority 1 & 2 Deficiencies during FY2016 for the Houston Fire Department - DISTRICTS A - STARDIG; B - DAVIS; C - COHEN; D - BOYKINS; E - MARTIN; F - LE; G - TRAVIS; I - GALLEGOS; J - LASTER and K - GREEN
27. ORDINANCE appropriating $300,000.00 out of General Government Consolidated Construction Fund, $528,000.00 out of Public Health Consolidated Construction Fund, $65,000.00 out of Parks Consolidated Construction Fund, $207,000.00 out of Parks & Recreation Dedication Fund and $65,000.00 out of Equipment Acquisition Consolidated Fund as an additional appropriation to the Task Order and Job Order Contracting Program for FY2016 (Approved by Ordinance Number 2013-1093)
44. SET A PUBLIC HEARING DATE for the designation of a Green Corridor for a portion of Yale Street - DISTRICT C - COHEN HEARING DATE - WEDNESDAY - JUNE 8, 2016 - 9:00 A.M.
MATTERS HELD
45. APPROVE payment and spending authority for Emergency Elevators and Escalators Maintenance and Repair Services through the Master Intergovernmental Cooperative Purchasing Agreement with KONE, INC for Various Departments Enterprise and Other Funds TAGGED BY COUNCIL MEMBER LASTER This was Item 9 on Agenda of May 11, 2016
47. ORDINANCE approving and authorizing first amendment to contract (Approved by Ordinance No. 2015-151) between the City of Houston and GTE MOBILNET OF SOUTH TEXAS LIMITED PARTNERSHIP (d/b/a VERIZON WIRELESS) to provide a Facilities Access License for installation of In-Building Equipment in connection with the existing Wireless Communications Equipment and Services for the Houston Information Technology Services Department TAGGED BY COUNCIL MEMBER LASTER This was Item 17 on Agenda of May 11, 2016
48. MOTION by Council Member Stardig to amend Item 49 below: The following section is added to the beginning of Section IV(B), Method of Payment : (1) Payment for Prior Services On or before August 10, 2016, the City shall pay 50% of the Original Allocation for Prior Services. On or before November 9, 2016, the City shall pay the remaining balance of 50% of the Original Allocation for Prior Services. The following number and heading is added to the beginning of the second paragraph of Section IV(B), Method of Payment: (2) Payment for Services Under this Agreement The following section is added after the end of section “(2) Payment for Services Under this Agreement” of Section IV(B), Method of Payment: (3) Credits Contractor agrees to allow the City to deduct a total of $57,602.00 from all future invoices beginning on the date the City pays for Prior Services in full as outlined in Article IV (G) or $4,380,045.53, whichever occurs first. The first sentence in Section IV (F) (2), Limit of Appropriation, is amended to read as follows: (2) In order to comply with Article II, Sections 19 and 19a of the City's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $4,405,929.53 $4,380,045.53 to pay money due under this Agreement (the “Original Allocation”). Section IV (G), Prior Services, is amended to read as follows: G. Prior Services Contractor represents that: From July 1, 2015 to the date hereof, Contractor performed services and provided Devices (“Prior Services”) similar to those set out in this Agreement, in order to address urgent, unexpected issues related to the matters described herein, for which the Contractor was originally engaged under Purchase Orders at the City's request. The City accepted Prior Services but funds available under the Purchase Orders were not sufficient to pay for the Prior Services and were not available under any other contract in existence during that time; and fees for the Prior Services, based on the terms and conditions of the Purchase Order, do not exceed $4,405,929.53 $4,380,045.53. As an inducement to entering into this Agreement and continuing to provide defibrillator maintenance services and automated external and public access defibrillators, the City and Contractor desire to compromise and settle all claims Contractor may have arising out of the City's alleged failure to pay Contractor for the Prior Services (the “Claims”). Therefore, the City shall pay and Contractor shall accept payment for all Prior Services in an amount not to exceed $4,405,929.53 $4,380,045.53, which sum is included in the amount of this Agreement, and Contractor agrees to accept such payment to settle the Claims against the City. Payment of Prior Services hereunder by the City is an inducement and requirement for the Contractor’s agreement to provide services under this Agreement. Contractor hereby releases and discharges the City from all claims of any nature Contractor might make, now or in the future, arising out of the City's alleged failure to pay Contractor for the Prior Services. Section 10 in Exhibit “A”, Scope of Services, is amended to read as follows: 10.0 Warranty Periods The LIFEPAK 1000 device includes a standard limited 5 year warranty. The LIFEPAK 15 has a one-year limited warranty and thereafter an extended warranty for an additional 4 months expiring at 11:59 p.m. CST on May 31, 2017, which extended warranty Contractor shall provide to the City at no cost to the City, representing a value of approximately $46,833. The LIFEPAK CR PLUS is covered by an eight-year limited warranty and LIFEPAK EXPRESS has a five-year limited warranty. TAGGED BY COUNCIL MEMBER TRAVIS
49. ORDINANCE appropriating $4,405,929.53 out of Equipment Acquisition Consolidated Fund; awarding contract to PHYSIO-CONTROL, INC for Defibrillator and Defibrillator Maintenance Services for Various Departments DELAYED BY MOTION #2015-241, 5/11/2016 This was Item 29 on Agenda of May 11, 2016 This item should only be considered after passage of Item 48 above
50. ORDINANCE authorizing the Police Chief of the City of Houston, Texas, to terminate without cause the current SafeClear Freeway Towing and Emergency Road Service Agreement, Contract No. C76536, with USAACC, INC, dba USA AUTO COLLISION CENTER TAGGED BY COUNCIL MEMBERS DAVIS, BOYKINS and KUBOSH This was Item 31 on Agenda of May 11, 2016
51. RESOLUTION authorizing the Police Chief of the City of Houston, Texas, to terminate without cause the current Police Private Storage Lot Agreement, Contract No. C75129, with the Vehicle Storage Facility known as “STAN’S WRECKER, INC”, situated at 3551 Almeda Genoa, Houston, Texas TAGGED BY COUNCIL MEMBERS DAVIS, KUBOSH and BOYKINS This was Item 32 on Agenda of May 11, 2016
52. RESOLUTION authorizing the Police Chief of the City of Houston, Texas, to terminate without cause the current Police-Authorized Tow Service Agreement, Contract No. C75884, with USA AUTO COLLISION CENTER TAGGED BY COUNCIL MEMBERS DAVIS, BOYKINS and KUBOSH This was Item 33 on Agenda of May 11, 2016
46. ORDINANCE AMENDING CHAPTER 45, ARTICLE XV, DIVISION 3 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to the Neighborhood Traffic Management Speed Control Program TAGGED BY COUNCIL MEMBER STARDIG This was Item 13 on Agenda of May 11, 2016
21. ORDINANCE approving and authorizing Amendment No. 7 to Construction Management At Risk Agreement between the City of Houston and MANHATTAN CONSTRUCTION COMPANY for Terminal D Phase 5 Construction Services at George Bush Intercontinental Airport/Houston (Project No. 500N; Contract No. 4600010038) - DISTRICT B - DAVIS
Matters to be Presented by Council Members
NON CONSENT - MATTERS TO BE PRESENTED BY COUNCIL MEMBERS
MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Robinson first
May 24, 2016 City Council
PRESENTATIONS
2:00 P.M. – INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL AND ADOPT MINUTES OF PREVIOUS MINUTES
Reading of the Consent Agenda
RECONVENE
WEDNESDAY - May 25, 2016 - 9:00 A. M.
Hearings
Fiscal Year 2016 Budget Matters
MAYOR'S REPORT
CONSENT AGENDA
CONSENT AGENDA NUMBERS 2 through 43
PURCHASING AND TABULATION OF BIDS - NUMBERS 4 through 7
ORDINANCES - NUMBERS 8 through 43
Consideration of Matters Removed from Consent Agenda
CONSIDERATION OF MATTERS REMOVED FROM CONSENT AGENDA
ACCEPT WORK - NUMBER 2
PROPERTY - NUMBER 3
4. THE METHODIST HOSPITAL dba HOUSTON METHODIST for Human Cadaver Based Simulation Training for the Houston Fire Department - $86,186.67 - General Fund
6. PRIORITY HEALTHCARE DISTRIBUTION, INC dba CURASCRIPT SD SPECIALTY DISTRIBUTION for Nexplanon® Etonongestrel Implants for the Houston Health Department - 36 Months with two one-year options - $473,200.00 - General Fund
8. ORDINANCE appropriating and transferring $400,000.00 out of Contractor's Responsibility Fund into the Health Special Revenue Fund for the provision of services under the Care Houston Program for the Houston Health Department
10. ORDINANCE amending Ordinance Number 2013-0017 (Passed by City Council on January 9, 2013) to increase the maximum contract amount to an agreement between the City of Houston and CENTERPOINT ENERGY SERVICES, INC to provide Natural Gas to the City of Houston - $10,000,000.00 - Central Service Revolving Fund
11. ORDINANCE amending Ordinance Number 2014-0008 to increase the maximum contract amount for agreement for Professional Auditing Services between the City and MCCONNELL & JONES LLP / BANKS, FINLEY, WHITE & CO., a Joint Venture Partnership known as M&J/BFW TEAM, for Special Services - $800,000.00 - General Fund
13. ORDINANCE approving and authorizing amended and restated Managed Care Dental Agreement (DHMO PLAN) between the City and ALPHA DENTAL PROGRAMS, INC, and the amended and restated Group Dental Indemnity Agreement (DPO PLAN) between the City and DELTA DENTAL INSURANCE COMPANY, for City employees, retirees, deferred retirees, survivors and certain dependents, effective May 1, 2016
21. ORDINANCE approving and authorizing Amendment No. 7 to Construction Management At Risk Agreement between the City of Houston and MANHATTAN CONSTRUCTION COMPANY for Terminal D Phase 5 Construction Services at George Bush Intercontinental Airport/Houston (Project No. 500N; Contract No. 4600010038) - DISTRICT B - DAVIS
26. ORDINANCE appropriating $721,000.00 out of Fire Consolidated Construction Fund to In-House Renovation Revolving Fund to address Facility Condition Assessment Priority 1 & 2 Deficiencies during FY2016 for the Houston Fire Department - DISTRICTS A - STARDIG; B - DAVIS; C - COHEN; D - BOYKINS; E - MARTIN; F - LE; G - TRAVIS; I - GALLEGOS; J - LASTER and K - GREEN
27. ORDINANCE appropriating $300,000.00 out of General Government Consolidated Construction Fund, $528,000.00 out of Public Health Consolidated Construction Fund, $65,000.00 out of Parks Consolidated Construction Fund, $207,000.00 out of Parks & Recreation Dedication Fund and $65,000.00 out of Equipment Acquisition Consolidated Fund as an additional appropriation to the Task Order and Job Order Contracting Program for FY2016 (Approved by Ordinance Number 2013-1093)
44. SET A PUBLIC HEARING DATE for the designation of a Green Corridor for a portion of Yale Street - DISTRICT C - COHEN HEARING DATE - WEDNESDAY - JUNE 8, 2016 - 9:00 A.M.
MATTERS HELD
45. APPROVE payment and spending authority for Emergency Elevators and Escalators Maintenance and Repair Services through the Master Intergovernmental Cooperative Purchasing Agreement with KONE, INC for Various Departments Enterprise and Other Funds TAGGED BY COUNCIL MEMBER LASTER This was Item 9 on Agenda of May 11, 2016
47. ORDINANCE approving and authorizing first amendment to contract (Approved by Ordinance No. 2015-151) between the City of Houston and GTE MOBILNET OF SOUTH TEXAS LIMITED PARTNERSHIP (d/b/a VERIZON WIRELESS) to provide a Facilities Access License for installation of In-Building Equipment in connection with the existing Wireless Communications Equipment and Services for the Houston Information Technology Services Department TAGGED BY COUNCIL MEMBER LASTER This was Item 17 on Agenda of May 11, 2016
48. MOTION by Council Member Stardig to amend Item 49 below: The following section is added to the beginning of Section IV(B), Method of Payment : (1) Payment for Prior Services On or before August 10, 2016, the City shall pay 50% of the Original Allocation for Prior Services. On or before November 9, 2016, the City shall pay the remaining balance of 50% of the Original Allocation for Prior Services. The following number and heading is added to the beginning of the second paragraph of Section IV(B), Method of Payment: (2) Payment for Services Under this Agreement The following section is added after the end of section “(2) Payment for Services Under this Agreement” of Section IV(B), Method of Payment: (3) Credits Contractor agrees to allow the City to deduct a total of $57,602.00 from all future invoices beginning on the date the City pays for Prior Services in full as outlined in Article IV (G) or $4,380,045.53, whichever occurs first. The first sentence in Section IV (F) (2), Limit of Appropriation, is amended to read as follows: (2) In order to comply with Article II, Sections 19 and 19a of the City's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $4,405,929.53 $4,380,045.53 to pay money due under this Agreement (the “Original Allocation”). Section IV (G), Prior Services, is amended to read as follows: G. Prior Services Contractor represents that: From July 1, 2015 to the date hereof, Contractor performed services and provided Devices (“Prior Services”) similar to those set out in this Agreement, in order to address urgent, unexpected issues related to the matters described herein, for which the Contractor was originally engaged under Purchase Orders at the City's request. The City accepted Prior Services but funds available under the Purchase Orders were not sufficient to pay for the Prior Services and were not available under any other contract in existence during that time; and fees for the Prior Services, based on the terms and conditions of the Purchase Order, do not exceed $4,405,929.53 $4,380,045.53. As an inducement to entering into this Agreement and continuing to provide defibrillator maintenance services and automated external and public access defibrillators, the City and Contractor desire to compromise and settle all claims Contractor may have arising out of the City's alleged failure to pay Contractor for the Prior Services (the “Claims”). Therefore, the City shall pay and Contractor shall accept payment for all Prior Services in an amount not to exceed $4,405,929.53 $4,380,045.53, which sum is included in the amount of this Agreement, and Contractor agrees to accept such payment to settle the Claims against the City. Payment of Prior Services hereunder by the City is an inducement and requirement for the Contractor’s agreement to provide services under this Agreement. Contractor hereby releases and discharges the City from all claims of any nature Contractor might make, now or in the future, arising out of the City's alleged failure to pay Contractor for the Prior Services. Section 10 in Exhibit “A”, Scope of Services, is amended to read as follows: 10.0 Warranty Periods The LIFEPAK 1000 device includes a standard limited 5 year warranty. The LIFEPAK 15 has a one-year limited warranty and thereafter an extended warranty for an additional 4 months expiring at 11:59 p.m. CST on May 31, 2017, which extended warranty Contractor shall provide to the City at no cost to the City, representing a value of approximately $46,833. The LIFEPAK CR PLUS is covered by an eight-year limited warranty and LIFEPAK EXPRESS has a five-year limited warranty. TAGGED BY COUNCIL MEMBER TRAVIS
49. ORDINANCE appropriating $4,405,929.53 out of Equipment Acquisition Consolidated Fund; awarding contract to PHYSIO-CONTROL, INC for Defibrillator and Defibrillator Maintenance Services for Various Departments DELAYED BY MOTION #2015-241, 5/11/2016 This was Item 29 on Agenda of May 11, 2016 This item should only be considered after passage of Item 48 above
50. ORDINANCE authorizing the Police Chief of the City of Houston, Texas, to terminate without cause the current SafeClear Freeway Towing and Emergency Road Service Agreement, Contract No. C76536, with USAACC, INC, dba USA AUTO COLLISION CENTER TAGGED BY COUNCIL MEMBERS DAVIS, BOYKINS and KUBOSH This was Item 31 on Agenda of May 11, 2016
51. RESOLUTION authorizing the Police Chief of the City of Houston, Texas, to terminate without cause the current Police Private Storage Lot Agreement, Contract No. C75129, with the Vehicle Storage Facility known as “STAN’S WRECKER, INC”, situated at 3551 Almeda Genoa, Houston, Texas TAGGED BY COUNCIL MEMBERS DAVIS, KUBOSH and BOYKINS This was Item 32 on Agenda of May 11, 2016
52. RESOLUTION authorizing the Police Chief of the City of Houston, Texas, to terminate without cause the current Police-Authorized Tow Service Agreement, Contract No. C75884, with USA AUTO COLLISION CENTER TAGGED BY COUNCIL MEMBERS DAVIS, BOYKINS and KUBOSH This was Item 33 on Agenda of May 11, 2016
46. ORDINANCE AMENDING CHAPTER 45, ARTICLE XV, DIVISION 3 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to the Neighborhood Traffic Management Speed Control Program TAGGED BY COUNCIL MEMBER STARDIG This was Item 13 on Agenda of May 11, 2016
21. ORDINANCE approving and authorizing Amendment No. 7 to Construction Management At Risk Agreement between the City of Houston and MANHATTAN CONSTRUCTION COMPANY for Terminal D Phase 5 Construction Services at George Bush Intercontinental Airport/Houston (Project No. 500N; Contract No. 4600010038) - DISTRICT B - DAVIS
Matters to be Presented by Council Members
NON CONSENT - MATTERS TO BE PRESENTED BY COUNCIL MEMBERS
MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Robinson first
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