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HomeMy WebLinkAboutR2020-041 2020-08-23RESOLUTION NO. R2020-41 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with the Texas Department of Public Safety associated with the implementation of an automated Failure to Appear ("FTA") system. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and DPS, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with the DPS. PASSED, APPROVED and ADOPTED this the 23rd day of August, A.D., 2020. ST: YTAL N. ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: �ARRIN M. COKER CITY ATTORNEY p TOM REID MAYOR 0 • di "be /'• .•.••••''4141111110 ,,, `6<icQ N(�poi cl: `=• ° a • 0 4 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov STEVEN C. McCRAW DIRECTOR SKYLOR HEARN FREEMAN F. MARTIN RANDALL B. PRINCE DEPUTY DIRECTORS Dear Court Administrator: January 10, 2020 COMMISSION STEVEN P. MACH, CHAIRMAN A. CYNTHIA LEON Enclosed please find the revised contract offered by the Texas Department of Public Safety to accommodate Chapter 706 of the Texas Transportation Code. Please complete all of the appropriate entries on the contract and arrange for the approval and signature of the presiding official authorized to sign contractual documents in your jurisdiction (mayor, city manager, county judge, etc.). Only one (1) original signed contract should be submitted for each political subdivision; if you require a final copy for the court, please indicate so when you return the document. Signed contracts should be returned to: Texas Department of Public Safety Attn: Enforcement and Compliance Service 5805 North Lamar Blvd. Austin, Texas 78752-0001 After the contract has been returned to the Department it will be processed for the appropriate signatures. Any questions regarding the contract should be forwarded to Enforcement and Compliance Service; Tijuana Pendergrass at (512) 424-5431. Sincerely yours, Frances Gomez, Manager Enforcement and Compliance Service EQUAL OPPORTUNITY EMPLOYER COURTESY • SERVICE • PROTECTION Intertocal Cooperation Contract STATE OF TEXAS COUNTY OF I. Parties This Interlocal Cooperation Contract ("Contract") is made and entered into between the Texas Department of Public Safety ("TDPS"), a... olitical subdivision of the State of Texas, and the i_.. . i r'"7 of _ . ; �4 <::_= F':% a local political subdivision of the State of Texas. II. Overview The purpose of this Contract is to implement the provisions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TDPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. The TDPS has authority to contract with a private vendor ("Vendor") pursuant to Texas Transportation Code §706.008. The Vendor will provide the necessary goods and services to establish an automated system ("FTA System") whereby information regarding violators subject to the provisions of Texas Transportation Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TDPS may deny renewal of a driver license to a person who is the subject of an FTA System entry. Each local political subdivision contracting with the TDPS will pay monies to the Vendor based on a fee established by this Contract. The TDPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TDPS, political subdivisions and persons seeking to clear their licenses at all reasonable times. III. Definitions "Complaint" means notice of an offense as defined in Article 27.14(d) or Article 45.019, Code of Criminal Procedure. LICENSE RECORT SERVICE Mk 232 RECEIVED 1 Revised (12/11) (0-) /04) "Department" or "TDPS" means the Texas Department of Public Safety. "Failure to Appear Program" or "FTA Program" refers to the implementation efforts of all parties, including those system components provided by the TDPS, local political subdivisions and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the goods and services, including all hardware, software, consulting services, telephone and related support services, supplied by the Vendor. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendorto support the FTA System. "Originating Court" refers to the court In which an applicable violation has been filed for which a person has failed to appear or failed to pay or satisfy a judgment and which has submitted an appropriate FTA Report. "State" refers to the State of Texas. "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defined, terms. used hereinshall have the meaning assigned by Texas Transportation Code Chapter 706 or other relevant statute. Terms not defined in this Contract or by other relevant statutes shall be given their ordinary meanings. - IV. Governing Law This Contract is entered into- pursuant to Texas Government Code Chapter 791 and is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. V. Venue The parties agree that this Contract is deemed performable in Travis County, Texas, and that venue for any suit arising from the interpretation or enforcement of . this Contract shall lie in Travis County, Texas. Vi. Application and Scope of Contract This Contract applies to each FTA Report submitted to and accepted by the TDPS or the Vendor by the local political subdivision pursuant to the authority of Texas Transportation Code Chapter 706. Revised (12/11) 2 VII. Required Warning on Citation for Traffic Law Violations A peace officer authorized to issue citations within the jurisdiction of the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning shall be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court, the person may be denied renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. VIII. FTA Report If the person fails to appear or fails to pay or satisfy a judgment as required by law, the local political subdivision may submit an FTA Report containing the following information: (1) the jurisdiction in which the alleged offense occurred; (2) the name of the local political subdivision submitting the report; (3) the name, date of birth and Texas driver license number of the person who . failed to appear or failed to pay or satisfy a judgment; (4) the -date of the alleged violation; (5) a brief description of the alleged violation; (6) a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; (7) .the date that the person failed to appear or failed to pay or satisfy a judgment; and (8) any other information required by the TDPS. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that all FTA Reports are accurate, complete and non -duplicative. IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TDPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TDPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately from the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to that court. Revised (12/11) 3 (.7 •To the extent that a local political 'subdivision utilizes the FTA Program by submitting an FTA Report, there is a corresponding obligation to collect the statutorily required $30.00 administrative fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the originating court shall not.require payment of the administrative fee. The local political subdivision shall submit a clearance report immediately advising the TOPS to lift the denial of renewal and identifying the grounds for the action. The local political subdivision must immediately file a clearance report upon payment of the administrative fee and: (1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; (2) the dismissal of the charge for which the warrant of arrest was issued or judgment arose; (3) the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; (4) the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or . (5) other suitable arrangement to pay the fine and cost within the court's discretion. The TDPS will not continue to deny renewal of the person's driver license after receiving notice from the local political subdivision that the FTA Report, was submitted in error or has been destroyed in accordance with the local political subdivision's record retention policy. X. Compliance with Law The local political subdivision understands and agrees that it will comply with all local, state and federal laws in the performance of this Contract, including administrative rules adopted by the TDPS. XI. Accounting Procedures An officer collecting fees pursuant to Texas Transportation Code §706.0O6 shall keep separate records of the funds and shall deposit the funds in the appropriate municipal or county treasury. The custodian of the municipal or county treasury may deposit such fees in an interest -bearing account and retain the interest earned thereon for the local • political subdivision. The custodian shall keep accurate and complete records of funds received and disbursed in accordance with this Contract and the governing statutes. The custodian .shall remit $20.00 of each fee collected pursuant to Texas Transportation Code §706.006 to the Comptroller on or before the last day of each Revised (12r11) 4 calendar quarter and retain $10.00 of each fee for payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TDPS has contracted with - OmniBase Services of Texas ' ("Vendor"), a corporation organized and incorporated under the laws of the State of Texas, with its principal place of business in Austin, Texas, to assist with the implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: OmniBase Services of Texas 7320 North Mo Pac Expressway, Suite 310 Austin, Texas 78731 (512) 346-6511 ext. 100; (512) 346-9312 (fax) The focal political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collected the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. XIII. Litigation and Indemnity In the event that the local political subdivision is aware of litigation in which this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TDPS immediately. Each party may participate in the defense of .a claim or suit affecting the FTA Program, but no costs or expenses shall be incurred for any party by the other party without written consent. To the extent authorized by law, the local political subdivision City agrees to indemnify and hold harmless the TDPS against any claims, suits, actions, Rtwised (12/11) 5 damages and costs of every nature or description arising out. of or resulting from the performance of this Contract, and the local political subdivision City- further agrees to satisfy any final judgment awarded against the local political subdivision City or the TOPS arising from the performance of this Contract, provided 'said claim, suit, action, damage, judgment or related cost is not attributed by the judgment of a court ofcompetent jurisdiction to the sole negligence of the TDPS. It is the agreement of • the parties that any litigation involving the parties to this Contract may not be compromised or settled without the express consent of the TDPS, unless such litigation does not name the TDPS as a party. This section is subject to the statutory rights and duties of the Attorney General for the State of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. XV. Severability if any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. XVI. Multiple Counterparts This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes -and all of which constitutes, . collectively, one Contract. But, in making proof of this Contract, it shall not be' necessary to produce or account for more than one such counterpart. XVII. Effective Date of Contract This Contract shall be in effect from and after the date that the final signature is set forth below. This Contract shall automatically renew on a yearly basis. However, either party may terminate this Contract upon thirty days written notice to the other party. Notice may be given at the following addresses: Revised (12 111) 6 Local political subdivision Texas Department of Public Safety Attn: Enforcement and Compliance Service 5805 North Lamar Boulevard Austin, Texas 78773-0001 (512) 424-5311 [fax] Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FTA System at the time of termination. TEXAS DEPARTMENT OF PUBLIC SAFETY Sheri Gipson Deputy Administrator LOCAL POLITICAL SUBDIVISION* Authorized Signature (.; .4/411sf9S?r- Date Title Ce/ Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the local political subdivision. Each signature block must contain the person's title and date. Revised (I2/1 I) 7 DPS # DLD20180628 (Revised 01/2020) Interlocal Cooperation Contract Failure to Appear (FTA) Program State of Texas County of I. PARTIES AND AUTHORITY This Interlocal Cooperation Contract (Contract) is entered into between the Department of Public Safety of the State of Texas (DPS), an agency of the State of Texas and the Court of the [City or County] of (Court), a political subdivision of the State of Texas, referred to collectively in this Contract as the Parties, under the authority granted in Tex. Transp. Code Chapter 706 and Tex. Gov't Code Chapter 791 (the Interlocal Cooperation Act). II. BACKGROUND As permitted under Tex. Transp. Code § 706.008, DPS contracts with a private vendor (Vendor) to provide and establish an automated FTA system that accurately stores information regarding violators subject to the provisions of Tex. Transp. Code Chapter 706. DPS uses the FTA system to properly deny renewal of a driver license to a person who is the subject of an FTA system entry. III. PURPOSE This Contract applies to each FTA Report submitted by the Court to DPS or its Vendor and accepted by DPS or its Vendor. Court will supply information to DPS, through its Vendor, that is necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the Court in a matter involving any offense that Court has jurisdiction of under Tex. Code Crim. Proc. Chapter 4. IV. PERIOD OF PERFORMANCE This Contract will be effective on the date of execution and will automatically renew on the anniversary date of execution for up to three additional years unless terminated earlier. V. COURT RESPONSIBILITIES A. Written warnings A peace officer authorized to issue citations within the jurisdiction of the Court must issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning must be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the Court, the person may be denied Page 1 of 5 DPS # DLD20180628 (Revised 01/2020) renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. B. FTA Report An FTA Report is a notice sent by Court requesting a person be denied renewal in accordance with this Contract. The Court may submit an FTA Report to Vendor if a person fails to appear or fails to pay or satisfy a judgment as required by law. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The Court must make reasonable efforts to ensure that all FTA Reports are accurate, complete, and non -duplicative. The FTA Report must include the following information: 1. the jurisdiction in which the alleged offense occurred; 2. the name of the court submitting the report; 3. the name, date of birth, and Texas driver license number of the person who failed to appear or failed to pay or satisfy a judgment; 4. the date of the alleged violation; 5. a brief description of the alleged violation; 6. a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; 7. the date that the person failed to appear or failed to pay or satisfy a judgment; and 8. any other information required by DPS. C. Clearance Reports The Court that files the FTA Report has a continuing obligation to review the FTA Report and promptly submit appropriate additional information or reports to the Vendor. The clearance report must identify the person, state whether or not a fee was required, and advise DPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately, but no later than two business days, from the time and date that the Court receives appropriate payment or other information that satisfies the person's obligation to that Court. To the extent that a Court uses the FTA system by submitting an FTA Report, the Court must collect the statutorily required $10.00 reimbursement fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the Court will not require payment of the reimbursement fee. Court must submit a clearance report for the following circumstances: 1. the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; 2. the dismissal of the charge for which the warrant of arrest was issued or judgment arose; 3. the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; 4. the payment or discharge of the fine and cost owed on an outstanding judgment of the Court; or ,.k Page 2 of 5 DPS # DLD20180628 (Revised 01/2020) 5. other suitable arrangement to pay the fine and cost within the Courts. discretion. DPS will not continue to deny renewal of the person's driver license after receiving notice from the Court that the FTA Report was submitted in error or has been destroyed in accordance with, the Court's record retention policy. D. Quarterly Reports and Audits Court must submit quarterly reports to DPS in a format established by DPS. Court is subject to audit and inspection at any time during normal business hours and at a mutually agreed upon location by the state auditor, DPS,.and any other department or agency, responsible for determining that the Parties have complied with the applicable laws. Court must provide all reasonable facilities and assistance for the safe and convenient performance of any audit or inspection. Court must correct any non -conforming transactions performed by the Court, at its own cost, until acceptable to DPS. Court must keep all records and documents regarding this Contract for the term of this Contract and for seven years after the termination of this Contract. E. Accounting Procedures Court must keep separate, accurate, and complete records of the funds collected and disbursed and must deposit the funds in the appropriate municipal or county treasury. Court may deposit such fees in an interest -bearing account and retain the interest earned on such accounts for the Court. Court will allocate $6.00 of each $10.00 reimbursement fee received for payment to the Vendor and $4.00 for credit to the general fund of the municipal or county -treasury. F. Non -Waiver of Fees Court'will notwaive the $10.00 reimbursement fee for any person that has been submitted on an FTA Report, unless the person is deemed to be indigent, or the person is acquitted of the charges forwhich the person failed to appear. Failure to comply with this section will result in: (i) termination of this Contract for cause; and (ii) the removal of all outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. Page 3 of 5 DPS # DLD20180628 (Revised 01/2020) G. Litigation Notice The Court must make a good -faith attempt to immediately notify DPS in the event that the Court becomes aware of litigation in which this Contract or Tex. Transp. Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision. VI. PAYMENTS TO VENDOR Court must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the Court has subsequently collected the statutorily required $10.00 reimbursement fee. In the event that the person has been acquitted of the underlying charge or is indigent, no payment will be made to the Vendor or required of the Court. Court agrees that payment will be made to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the Court. DPS will not pay Vendor for any fees collected by Court. VII. GENERAL TERMS AND CONDITIONS A. Compliance with Law. The Court understands and agrees that it will comply with all local, state, and federal laws in the performance of this Contract, including administrative rules adopted by DPS. B. Contract Amendment. DPS and Court may amend this Contract through a written amendment signed by an authorized signatory on behalf of the respective party. C. Notice. The respective party will send the other party notice as noted in this section. Court` Deti n'ent of Public Safety Attn.: Address: Address: Fax: Email: Phone: Enforcement & Compliance Service 5805 North Lamar Blvd. Austin, Texas 78752-0001 (512) 424-5311 [fax] Driver.lmprovementc dps.texas.gov (512) 424-7172 D. Termination. Either party may terminate this Contract with 30 days' written notice. DPS may also terminate this Contract for cause if Court doesn't comply with Section V.F., Non - Waiver of Fees. After termination, the Court has a continuing obligation to report dispositions and collect fees for all violators in the FTA system at the time of termination. Failure to comply with the continuing obligation to report will result in the removal of all Page 4 of 5 DPS ## DLD20180628 (Revised 01/2020) outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. VIII. CERTIFICATIONS The Parties certify that (1) the Contract is authorized by the governing body of each party; (2) the purpose, terms, rights, and duties of the Parties are stated within the Contract; and (3) each party will make payments for the performance of governmental functions or services from current revenues available to the paying party. The•undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. Court* Department of Public Safety Authorized Signature Driver License Division Chief or Designee Title Date Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the Court. Each signature block must contain the person's title and date. Page 5 of 5 MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 23, 2020 AT 6:30 P.M., IN THE PEARLAND CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER Mayor Tom Reid called the meeting to order at 6:30 p.m. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Hernandez gave the invocation and Councilmember Perez led the Pledges of Allegiance. ROLL CALL: Mayor Tom Reid Councilmember Luke Orlando Councilmember Gary Moore Councilmember Adrian Hernandez Councilmember Trent Perez Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan Mayor Pro-Tem J. David Little and Councilmbember Tony Carbone were absent. Others in attendance: Deputy City Manager Jon Branson, Assistant City Manager Trent Epperson, and Director of Finance Cynthia Pearson. CITIZEN COMMENTS: Felicia Harris-Noss, 3112 Sumac, spoke regarding the Texas Governor's order relating to the coronavirus. Jimmy Davis, 5004 Colmesneil, stated his concerns relating to a letter the City sent to the Texas Attorney General's Office regarding utility billing. Eugen Howard, President of the Brazoria County NAACP, 32 Lavida Court, spoke in favor of the City moving the May 2, 2020 general and special election to the November 3, 2020 uniform election date due to the coronavirus. Robin Burgess, 5406 Meadow Spring Court, spoke in favor of the City moving the May 2, 2020 general and special election to the November 3, 2020 uniform election date due to the coronavirus. Jai Daggett, 13003 Shoalwater Lane, spoke in favor of the City moving the May 2, 2020 general and special election to the November 3, 2020 uniform election date due to the coronavirus. Thomas Long, 2511 Feather Green Trail, spoke on behalf of Banner Services, asked for Council's support in honoring veterans and those in active duty. Pearland City Council Regular Meeting March 23, 2020 Minutes PUBLIC HEARING: NONE CONSENT AGENDA: Councilmember Moore made the motion, seconded by Councilmember Perez, to postpone consideration of the Consent Items to a future meeting due to the coronavirus. AYES: Orlando, Moore, Owens. NAYS: Hernandez, Perez. The motion carried. Councilmember Orlando made the motion, seconded by Councilmember Hernandez, to reconsider the motion to postpone the Consent Agenda to a future meeting. AYES: Moore, Owens. NAYS: Orlando, Hernandez, Perez. The motion failed. A. Consideration and Possible Action -Resolution No. R2020.10 -A Resolution of the City Council of the City of Pearland, Texas, amending a contract for design services with Cobb, Fendley & Associates, in the additional amount of $115,641.07 (total contract amount of $629,201.25), associated with the Fite Road Expansion Project (McLean Road to Veterans Drive). B. Consideration and Possible Action -Resolution No. R2020-39 -A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for purchase of one (1) crane truck,from Chastang Ford, in the amount of$136,998.00 through the Texas Association of School Boards (TASB) Buyboard. C. Consideration and Possible Action -Resolution No. R2020-41 -A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with the Texas Department of Public Safety associated with the implementation of an automated Failure to Appear("FTA") system. D. Consideration and Possible Action -Resolution No. R2020-53-A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas Department of Information Resources (DIR), for the purchase of a voice communication platform suite from Cisco, in the amount of$274,680.00. E. Consideration and Possible Action -Resolution No. R2020-51 -A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction materials testing contract with GeoScience Engineering & Testing, Inc., in the estimated amount of $70,020.00, for the Orange Street Service Center Project (Phase 1). F. Consideration and Possible Action - Excuse the Absence of Councilmember Adrian Hernandez from the City Council Regular Meeting held on March 2, 2020. G. Consideration and Possible Action - Excuse the Absence of Councilmember Trent Perez from the City Council Regular Meeting held on March 2, 2020. H. Consideration and Possible Action - Resolution R2020-55- A Resolution of the City Council of the City of Pearland, authorizing the City Manager and/or his designee, as the authorized official for the purpose of executing a grant agreement between the City Pearland City Council Regular Meeting March 23,2020 Minutes of Pearland and the State of Texas - General Land Office, for land acquisitions and other buyout activities in response to Hurricane Harvey. I. Consideration and Possible Action - Second and Final Reading of Ordinance 2000M- 201 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, Being Lots A, B, C, D and Reserve A, Block 1 of the Center at Pearland Parkway Addition, an addition in the City of Pearland, Brazoria County as described in the Amending Plat recorded in County Clerk's File No. 2014046177 in the Plat Records of Brazoria County, Texas; being Lot A and Reserve A, Block 1 of the Center at Pearland Parkway Phase II Addition, an addition in the City of Pearland, Brazoria County as described in the Minor Plat recorded in County Clerk's File No. 2016011948 in the Plat Records of Brazoria County,Texas; and also being Lots 1, 2, 3 and Reserve A, Block 1 of the Center at Pearland Parkway Phase III Addition, an addition in the City of Pearland, Brazoria County as described in the Final Plat recorded in County Clerk's File No. 2018047201 in the Plat Records of Brazoria County, Texas. (2400-2600 Block of Pearland Parkway). Zone Change Application No. ZONE 19-00030, a request by Jeff Boutte, Windrose Land Services, applicant, on behalf of SR Pearland II, LLC., owner; for approval of a amendments to the Center at Pearland Parkway Planned Development, including zero-foot side setbacks, on approximately 52.48 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. J. Consideration and Possible Action - Second and Final Reading of Ordinance 2000M- 199 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, Being a tract of land containing 0.63 acres, more or less, out of Lots 3 and 4, L.W. Murdock Subdivision,A C. H. & B Survey, Abstract No. 507, Brazoria County, Texas, according to the map thereof in Volume 29, Page 174 of the Deed Records of Brazoria County, Texas. (3429 Main Street). Zone Change Application No. ZONE 19-00028, a request by Jon Arledge, applicant, on behalf of V & B Cornerstone LLC, owner; for approval of a zoning change from Single-family Residential-3 (R-3) District to General Commercial (GC) District, on approximately 0.63 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. K. Consideration and Possible Action - Second and Final Reading of Ordinance 2000M- 200 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, Being a 3.08acre tract of land situated in the George C. Smith Survey, Abstract Number 551 and being a portion of a called 8.430-acre tract of land conveyed to DMP Acquisition Fund, LLC by the Deed recorded under the Brazoria County Clerk's File Number (B.C.C.F. No.) 2017023566 of the Official Public Records of Real Property of Brazoria County, Texas (East of 4155 S. Main Street). Zone Change Application No. ZONE 19-00029, a request by Alan Mueller, applicant, on behalf of DMP Acquisition Fund, LLC., owner; for approval of a zoning change from Single-family Residential-4 (R-4) District to Light Industrial (M-1) District, on approximately 3.08 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Pearland City Council Regular Meeting March 23, 2020 Minutes Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt Consent Items A through K, with the exception of Items A, B, D. AYES: Orlando, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. MATTERS REMOVED FROM CONSENT AGENDA: A. Consideration and Possible Action -Resolution No. R2020.10 -A Resolution of the City Council of the City of Pearland, Texas, amending a contract for design services with Cobb, Fendley & Associates, in the additional amount of $115,641.07 (total contract amount of $629,201.25), associated with the Fite Road Expansion Project (McLean Road to Veterans Drive). Councilmember Orlando made the motion, seconded by Councilmember Moore, to approve Resolution No. R2020-10. AYES: Orlando, Hernandez, Moore, Perez. NAYS: Owens. The motion carried. Resolution No. R2020-10 is adopted. B. Consideration and Possible Action -Resolution No. R2020-39 -A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for purchase of one (1) crane truck,from Chastang Ford, in the amount of$136,998.00 through the Texas Association of School Boards (TASB) Buyboard. Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-39. AYES: Orlando, Hernandez, Perez. NAYS: Moore, Owens. The motion carried. Resolution No. R2020-39 is adopted. D. Consideration and Possible Action -Resolution No. R2020-53-A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas Department of Information Resources (DIR), for the purchase of a voice communication platform suite from Cisco, in the amount of$274,680.00. Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-53. AYES: Orlando, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-53 is adopted. NEW BUSINESS: Councilmember Moore made the motion, seconded by Councilmember Perez, to postpone all New Business items except Items No. 1, 2, 3, 4 that directly relate to the coronavirus pandemic. Pearland City Council Regular Meeting March 23, 2020 Minutes AYES: Moore, Owens. NAYS: Perez, Orlando, Hernandez. The motion failed. 1. Briefing and Discussion - Regarding the City of Pearland's emergency management of the Coronavirus and impact on continuity of services to city businesses and impact to the community. Assistant Fire Chief Jason Jackson gave an overview of the emergency preparedness steps by the City of Pearland Incident Management Team in response to the coronavirus pandemic. There was no action. 2. Consideration and Possible Action-Resolution No. R2020-56 -A Resolution of the City Council of the City of Pearland, Texas, indefinitely extending the Mayor's March 18, 2020 Declaration of Disaster associated with the imminent threat and public health emergency resulting from the spread of the novel coronavirus (COVID-19). Councilmember Perez made the motion, seconded by Councilmember Moore, to approve Resolution No. R2020-56. AYES: Orlando, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-56 is adopted. 3. Consideration and Possible Action- Resolution No. R2020-57 -A Resolution of The City Council of the City of Pearland, Texas, requesting Governor Greg Abbott to temporarily waive and/or suspend certain rules that limit Economic Development Corporations ("EDC"), created under the authority of Chapter 501 of the Local Government Code ("Code"), from utilizing EDC tax revenue be used as a form of financial disaster relief to support local businesses impacted by the novel coronavirus (COVID-19). Councilmember Hernandez made the motion, seconded by Councilmember Moore, to approve Resolution No. R2020-57. AYES: Orlando, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-57 is adopted. 4. Consideration and Possible Action - Regarding an alternate date for the May 2, 2020, City of Pearland General Election and Special Election. Derrick Reed, 11601 Shadow Parkway, Suite 267, spoke in support of moving the May 2, 2020 election to the November 3, 2020 uniform election date. Jimmy Davis, 5004 Colmesneil Street, spoke in support of moving the May 2, 2020 election to the November 3, 2020 uniform election date. Jai Daggett, 13003 Shoalwater, spoke in support of moving the May 2, 2020 election to the November 3, 2020 uniform election date. Pearland City Council Regular Meeting March 23,2020 Minutes Robin Burgess, 5406 Meadow Spring Court, spoke in support of moving the May 2, 2020 election to the November 3, 2020 uniform election date. City Attorney Darrin Coker read the Texas Governor's proclamation into record. Councilmember Perez made the motion, seconded by Councilmember Hernandez, to postpone the May 2, 2020 Election to the November 3, 2020 uniform election date. AYES: Orlando, Hernandez, Perez. NAYS: None. ABSTAIN: Owens, Moore. The motion carried. 8. Consideration and Possible Action -Resolution No. R2020-58 -A Resolution of the City Council of the City of Pearland, Texas, accepting the City's comprehensive annual financial report for fiscal year 2019 and the accompanying independent audit as presented by the accounting firm of Whitley Penn, LLP. Councilmember Perez made the motion, seconded by Councilmember Moore, to postpone this item until the report is complete. AYES: Orlando, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Councilmember Moore made the motion, seconded by Councilmember Perez, to consider New Business Item No. 8 before New Business Item No. 5. AYES: Orlando, Hernandez, Moore, Owens, Perez. NAYS: None. The motion carried. 5. Consideration and Possible Action - First Reading of Ordinance 2000M-202- An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, A 3.172-acre tract in the D. H. M. Hunter Survey, Abstract No. 76 in Brazoria County, Texas. Said 3.172-acre tract is in a 39.50-acre tract of land described in a deed to Musgrave-Grohman Ventures, Ltd. As recorded in Clerk's File No. 2004027202 in the Brazoria County Clerk's Office. (East of 1853 Pearland Parkway). Zone Change Application No. ZONE 19- 00024, a request by Paul Grohman, applicant, on behalf of Musgrave-Grohman Ventures, Ltd., owner; for approval of an amendment to the Stonebridge Planned Development to allow a pet store and care facility, on approximately 3.17 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Orlando made the motion, seconded by Councilmember Moore, to postpone this item to a future. Pearland City Council Regular Meeting March 23, 2020 Minutes AYES: Orlando, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Councilmember Moore made the motion, seconded by Councilmember Perez to postpone New Business Items 6, 7, 9, 10, Executive Session, 11, 12, 13. AYES: Orlando, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. 6. Council Input and Discussion - Regarding Utility Billing Matters. 7. Consideration and Possible Action -Second and Final Reading of Ordinance 1358-19 - An Ordinance of the City Council of the City of Pearland, Texas, amending non- development usage and service fees; containing a savings clause, a severability clause, a repealer clause, providing for publication and an effective date. 9. Consideration and Possible Action -Resolution No. R2020.52 -A Resolution of the City Council of the City of Pearland, Texas, amending the Construction Manager at Risk contract with Pepper Lawson to include Early Work Package No. 2, in the amount of $13,758,502.00 for construction services associated with the Surface Water Treatment Plant Project. 10. Consideration and Possible Action -Resolution No. R2020-50 -A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Orange Street Service Center Project (Phase 1), to Construction Masters of Houston, Inc., in the amount of$5,619,510.00. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: NONE EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. Executive Session - 551.071 - Consultation with Attorney- Regarding Consultation with the City Attorney regarding confidential legal matters associated with utility billing. 2. Executive Session- 551.074 - Personnel Matters - Regarding the employment, duties, and responsibilities of the City Manager, Deputy City Manager, and Director of Finance with respect to water utility billing issues. 3. Executive Session 551.074 - Personnel Matters - Regarding appointments to the Boards and Commissions. NEW BUSINESS CONTINUED: 11. Consideration and Possible Action - Regarding Consultation with the City Attorney regarding confidential legal matters associated with utility billing. Pearland City Council Regular Meeting. March 23, 2020 Minutes 12. Consideration and Possible Action - Regarding the employment, duties, and responsibilities of the City Manager, Deputy City Manager, Director of Finance with respect to water utility billing issues. 13. Consideration and Possible Action - Regarding appointments to the Boards and Commissions. OTHER BUSINESS: NONE ADJOURNMENT Meeting was adjourned at 10:36 p.m. Minutes approved as submitted and/or corrected this the 9th day of November 2020. i n c Tom Reid Mayor ATTE rya 10/ Ak Cryst./ Roan 'MC, CMC =t=•` � / `:m. City Secretary t, ` -O\. s S. ......, uuuT •,� Pearland City Council Regular Meeting March 23, 2020 Minutes