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HomeMy WebLinkAboutAgenda Packet City Council - 02/12/2008CITY COUNCIL AGENDA FEBRUARY 12, 2008 11:45 A.M. - Proclamation declaring February 12, 2008 as "National Pancake Day" Proclamation declaring the week of February 18-24, 2008 as "National Engineer's Week" Proclamation declaring the month of February, 2008 as "American Heart Month" Swearing -in Ceremony for the Corpus Christi Black Chamber of Commerce a officers Commendations honoring "Assistance Provided to Animal Control Division" "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1281 LEOPARD CORPUS CHRISTI, TEXAS 78401 FEBRUARY UARY 12, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED D I# THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the council at approximately 12:00 p. m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse a! Concilio y tree que su ingl s es limit do, habra un int r rete ingl s- espariol en Codas las juntas del Con ilio pare ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be i en y Pastor Brian Crown, Bay Area Fellowship Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tern Melody Cooper Council Members: Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez City Manager George K. Noe - City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meetings of January 22, 2008 and January 29, 2008. (Attachment# '1 Agenda Regular Council Meeting February 12, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Cable Communications Commission Electrical Advisory Board Food Service Advisory Committee ' Leadership Committee for Senior Services ' Museum of Science and History Advisory Committee Reinvestment Zone No. Two Board G. EXPLANATION F COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT Upcoming Items CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting February 12, 2008 Page 3 CITY COUNCIL PRIORITY ITY ISSU S (Refer to legend at the end of the agenda summary) 8, Motion authorizing a supply agreement with Bay Chemical Supply Company, of Odem, Texas, for approximately 13,000 tons of liquid aluminum sulfate in accordance with Bid Invitation No. B1-0075-08, based on low bid, for an estimated annual expenditure of $1 ,245,400, of which $622,700 is required in FY 200 7-2008. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted by the Water Department in FY 2007-2008. (Attachment # 3) 4. Motion approving a supply agreement with Mardis, Inc. of Kilgore, Texas, for Police Uniforms in the amount of $62,480.60 of which $31,21 6.25 is required in FY 2007-2008. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. The award is in accordance with the State's Cooperative Purchasing Program. Funds have been budgeted by the Police Department in FY 200 7-2008. (Attachment # 4) 5. Motion to authorize a E- 9 -1 -1 Service Agreement with Sprint Spectrum, L.P., of overland Park, KS, in the amount of $896,666 for the company to provide caller directory information and caller location information for Sprint wireless customers 9 -1 -1 calls to the City Metrocom. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept an amended grant for $99,876 from the Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. (Attachment # 6) 6.b. Ordinance appropriating an amended grant for $99,876 from the Department of State Health Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. (Attachment # 6) Agenda Regular Council Meeting February 12, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of State Health Services in the amount of $1 06,537 to provide for the elimination and control of tuberculosis and to execute all related documents. (Attachment # 7) 7.b. Ordinance appropriating a grant from the Texas Department of State Health Services in the amount of $106,537 in the No. 10 8 Health Grants Fund to provide for the elimination and control of tuberculosis. (Attachment # 7) 8.a. Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $42,000 for construction and installation of a new book -lift shaft, book -lift and machine room at the Parkdale Branch Library. (Attachment # 8) 8.b. Ordinance appropriating $42,000 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 1200 for construction and installation of new book -lift shaft, boob -lift and machine room at the Parkdale Branch Library from the Friends of Corpus Christi Public Libraries; changing FY 2007- 2008 capital Budget adopted by Ordinance No 027352 to increase appropriations by $42,000. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Van Fleet Construction of Kingsville, Texas, in the amount of $42,000 for the Parkdale Library Renovations for the construction and installation of a new book -lift shaft, book -lift and machine room. (Attachment # 9) 10.a. Motion authorizing the City Manager or his designee to extend the agreement for Standard Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of $319,756.96 for twelve (12) months PeopleSoft software maintenance and support for Asset Management, Accounts Payable, Benefits Administration, Budgets, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time and Labor software based on sole source. (Attachment # 10) Agenda Regular Council Meeting February 12, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10.b. Motion authorizing the City Manager or his designee to approve the purchase of continued annual maintenance costs from Oracle Corporation of Redwood Shores, California for the PeopleSoft suite of products subject to annual appropriation of funds based on sole source. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $149,862.61 for the Greenwood Pool Renovations. (BOND 2004) (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute a construction contract with Van Fleet Construction of Kingsville, Texas in the amount of $1,1 27,653 for the New Southside Fire Station No. 17 Project. (BOND 2004) (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Peter Siracusa and wife Obdulia Siracusa in the total amount of $162,792, of which $160,792 is for land costs and $2,000 estimated in closing costs for fee simple property rights to Parcel 1, described as 4.39 acres of land out of Lots 14 and 19, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located west of Airline Road between Saratoga and Yorktown Boulevards, in connection with the Brighton Park Development Project and for other municipal purposes. (Attachment# 13) 14.a. Motion approving the amount of monies to be paid as cash in lieu of construction of Rodd Field Road, a half street in accordance with the Platting Ordinance Section IV -- Design Standards, Subsection A.12.d 1 . (Attachment # 14) 14.b. Motion authorizing the City Manager to execute a Half Street Deferment Agreement with Yorktown Oso Joint Venture (Developer), in the amount of $31,865.94 for public improvements including pavement, curb, gutter, and sidewalks for the future street improvements to Rodd Field Road adjacent to the west property line of Rancho Vista Unit 3, located south of Yorktown Boulevard and east of Rodd Field Road, in accordance with the Platting Ordinance Section IV — Design Standards, Subsection A.12. c). (Attachment # 14) Agenda Regular Council Meeting February 12, 2008 Page 6 cITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1.a. Motion approving the first amendment to Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Al Development, Inc., owner and developer of Airline Crossing Unit 1, located south of Lipes Boulevard and west of Airline Road for the installation of three (3) additional 12 -inch gate valves and boxes on the 12 -inch PVC water grid main for Airline Crossing Unit 1, located along Slough Road. (Attachment # 15) 15.b. Ordinance appropriating $6,846.75 from the Water Arterial Transmission and Grid Main Trust Fund No. 540450-218054030 to pay the Al Development, Inc. an amended reimbursement request for the installation of three (3) additional 12 -inch gate valves and boxes on the 12 -inch PVC water grid main for Airline Crossing Unit 1. (Attachment # 15) 16.a. Motion to amend prior to second reading the ordinance authorizing the Texas International Yacht & Jet Plane Show Lease Agreement to amend Section 6 of the lease regarding payment due dates and financial documents. (Attachment # 16) 16.b. Second Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the Texas International Yacht & Jet Plane Show Lease Agreement (with two five -year renewals: 2008 -2012 and 2013-2017) with MMD Communications, of North Palm Beach, Florida, to increase annual term from eight days to ten (10) days, expand leased premises area, and increase minimum annual rental fee to $30,000. (First Reading 01/15/08) (Attachment # 16) J. PUBLIC HEARINGS: 1. Public hearing and First Reading Ordinance to consider abandoning and vacating a 24,638.46- square foot portion of the Whataburger Way public street right -of -way, located between the Gollihar Road and Mildred Drive street rights-of-way; subject to compliance with the specified conditions. (Attachment # 17) Agenda Regular Council Meeting February 12, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I. REGULAR AGENDA CONSIDEFtATION OF MOTIONS, RESOLUTIONS AND ORDINANCES: 18. Consideration of an appeal by Rolando Garza of the Corpus Christi Cable Communications Commission's December 17, 2007 decision regarding a public access program. (Attachment # 18) 19.a. Resolution declaring policy relative to establishment of a storm water utility system. (Attachment # 19) 19.b. Motion directing staff to publish the required notice under Chapter 402 of the Texas Local Government Code of a public hearing to consider adoption of an ordinance to establish a storm water utility, and setting a public hearing to be held at the Tuesday, April 8, 2008 meeting of the Corpus Christi City Council. (Attachment # 19) 20. First Reading Ordinance — Enacting new Article IV of Chapter 13, Code of Ordinances, entitled "Vacant Downtown Buildings;" establishing property maintenance, security, and monitoring provisions required for vacant downtown properties; establishing downtown vacant building registration and inspection requirements; establishing fees; establishing enforcement provisions; providing an effective date; providing for penalties; and providing for publication. (Attachment # 20) 21. Second Reading Ordinance - Amending Section V. B. "Minimum Standards" of the Platting Ordinance to require looped water lines and provide for the definitions related thereto; providing a repealer clause; providing a penalty clause; providing for publication; and providing an effective date. (First Reading 01 29 (Attachment # 21) 22.a. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an Engineering contract with Carollo Engineers, P. C., of Phoenix, Arizona, in the amount of $7,306,047 for a restated not to exceed contract total of $7,330,962 for the New Broadway Wastewater Treatment Plant. (Attachment # 22) Agenda Regular Council Meeting February 12, 2008 Page 8 CITY COUNCIL PRIORITY IT ISSUES (Refer to legend at the end of the agenda summary) 22.b. Motion authorizing the City Manager or his designee to execute an Engineering contract for peer regrew with Freese and Nichols Engineering, Inc., of Fort Worth, Texas, in the amount of $339,294 for the New Broadway Wastewater Treatment Plant. (Attachment # 22) 23.a. Resolution expressing official intent to reimburse costs of Rodd Field Public Improvement District Infrastructure Improvements. (Attachment # 23) 23.1). Motion authorizing the City Manager or his designee to execute a construction contract with Lakemont Construction, of Spring, Texas, in the amount of $1 ,650,378 for the Rodd Field Village Improvement District Infrastructure Improvements for the Base Bid and Additive Alternate Nos. 1, 2 and 3. (Attachment # 23) 24. Ordinance naming the park on the Peoples Street T-Head as "Norma Urban Park at Peoples Street T- Head "; waiving the -- day waiting period and publication of legal notice. (Attachment 24) 25. Motion authorizing the City Manager or his designee to execute all documents with the Trust for Public Lands, a California nonprofit corporation authorized to do business in Texas as TPL- Texas, Inc., for the purchase of a 49.53 acre tract of land situated partially in Lot 3, Lot 4, Lot 11, Lot 12, Lot 17, and Lot 18, Section 32 and Lot 17, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to be dedicated as park land as part of the Oso Creel so Bay Trails, Greenways Master Plan, with purchase price in the amount of $528,900, plus land conservation services fee in the amount of $70,090, and closing costs in the amount of $1 6,433. (Attachment # 25) L. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. M. PUBLIC QQMMENTFROMTHE AU IENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, Is EARLIER. PLEASE LIMIT PRESENTATIONS TATIONS To THREE MINUTES. IF YOU LAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, Agenda Regular Council Meeting February 12, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE SIGN THE ORS AT THE REAR OF THE COUNCIL CHA 1B R, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. if you have a petition or other information pertaining to your subject, please present it to the City secretary.) usted se dirige a la junta y cree que su ingls es i/mitado, habra ern intrpree ingls- esparoi en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BE A TE, EMBARRASS, A CC SE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY ME MBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC IC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN S FIRST AMENDMENT ENT RIGHTS. N. E(EC1JT1VE_SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 26. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06-469, Bernardina Y ane , et al, vs. City of Corpus Christi, et al; and Cause No. - 00363, Carlos Antonio Buenteiie vs. City of Corpus Christi, et al, with possible discussion and action related thereto in open session. 27. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06-4142-E, USAA County Mutual Insurance Co. vs. City of Corpus Christi and Bridgestone Firestone North American Tire, in the District Court, 148th Judicial District, Nueces County, Texas, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting February 12, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 28. Executive session under Texas Government Code Section 551.071 regarding the establishment o new rates for treated and untreated water for customers outside the city limits, with possible discussion and action related thereto in open session. O. REPORTS: TS: The following reports include questions by council to staff regarding City policies or activities; request by Council for inforrrtion or reports from staff` reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city- related matters. 29. MAYOR'S UPDATE 30. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at SO 0 p.m., February 6, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet, City Council Goals 2007 -2009 Ntr) ) 0 1947 Develop Street Plan Texas A &M University — Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Bock Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 22, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Mike Hummell Bill Kelly Priscilla Leal Michael hael l Cut hon John Marez Nelda Martinez ABSENT Larry Elizondo, Sr. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Charles a. Brown and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummell. Mayor ror Garrett called for approval of the minutes f the regular Council meeting of January 8, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for the City Manager's report. City Manager Noe provided the Council with information on funeral services for Police Officer Matthew Thebeau. Mr. Noe stated that the City is requesting assistance from the state to reconstruct and analyze the incident resulting in the tragic loss of Officer Thebeau. Mr. Noe said the emergency response to the crash of the Navy Sea Dragon helicopter last week was a good example of how well agreements with other agencies worked to manage the incident. Mr. Noe announced that demolition of the Semtech building at the Corpus Christi International Airport should begin soon and take two to four weeks to complete. Mr. Noe asked Council to notify him if they would like to attend the TX 21 meetings regarding statewide transportation issues scheduled for Thursday, January 24th and Friday, January 25'x. Mr. Noe announced that on Thursday, January 17th, a citywide effort was sponsored by the Storm Water Department and Del Mar College regarding pesticide usage. Council Member Hummell spoke regarding alternate sites for the police impound and the Solid Waste Transfer Station. Ms. Leal spoke regarding the loss of revenue at the Development Services Department. Mayor Garrett called for consideration of the consent agenda (items 2 -5). There were no comments from the public. Council member Leal requested that Item 5 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting January 22, 2008 -- Page 2 2.a. MOTION N . 2008-010 Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $15,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Human e°, Kelly, Leal, McCutchon, Mare , and Martinez, , voting "Aye "; Elizondo was absent. 2.b. ORDINANCE NO. 027556 Ordinance appropriating $15,000 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor initiative in the Houston High Intensity Drug Trafficking Area. An emergency wa declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummel!, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; "; Eli ndo was absent. 3. MOTION NO. 2008 -011 Motion approving the application from the Downtown Management District to temporarily close Chaparral Street between Williams Street and Lawrence Street on Friday, February 1, 2008 from 5:00 p.m. to 11:59 p.m. . The foregoing motion was passed and approved with the fliwin vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye}'; Elizondo was absent. 4. MOTION NO. 2008 -012 Motion authorizing the City Manager or his designee to execute a construction contract with RCM Construction, of Corpus Christi, Texas in the amount of $256,810 for the Wastewater Service Line Repair and Clean -Out Installation Program FY 2008. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting 'Aye'; Elizondo was absent. Mayor Garrett opened discussion on Item 5 regarding wastewater acreage fees. Council Member Leal asked questions regarding whether London School Tracts is currently paying wastewater acreage fees; if the properly is platted; and whether wastewater will be available to the property in the next 15 years. Deputy Director of Development Services Johnny Perales said the London School Tracts area is platted and the ordinance requires that platted properties pay wastewater acreage fees. Mr. Perales added that service is not expected in the next 15 years for that area. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 027557 Resolution exempting London School Tracts, Lot 2, from payment of Wastewater Acreage Fees pursuant to Section . .6. I of the Platting Ordinance. Minutes — Regular Council Meeting January 22, 2008 — Page The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye "; Elizondo was absent. Mayor Garrett referred to Item 8 regarding a visioning and community -wide planning initiative. Dr. Flavius Killebrew, President of Texas A & M — Corpus Christi (TAMU-CC), and Dr. Travis P. Kirkland, Interim President of Del Mar College (DMC), presented this item. Dr. Killebrew referred to a powerpoint presentation including the project proposal from TAMU -CC and DMC; guiding principles; objectives and timelines for Phases! through IV; DMC and TAMIL -CC's offer to initiate Phase 1; benefits; and results. Council members asked questions regarding discussions with Corpus Christi Independent School District (CCISD) regarding their vision; the proven process; the involvement of TAMU-CC and Del Mar; the entity handling the initiative; and the timeframe. Mayor Garrett opened discussion on Item 6 regarding boards, commissions and committee procedures. City Attorney Mary Kay Fischer explained that City Council requested that staff develop a policy regarding the process for Council appointments to boards and commissions. M. Fischer said the Legal Department and the City Secretary's Office propose three changes for consideration including terra- limiting a person for reappointment to the same board, commission r committee; presenting board appointments no earlier than the month that the term expires unless required by law; and that no appointments be made 30 days prior to a City Council election and extending until the newly elected Council has taken office. Council members asked questions regarding term expirations dates; whether passing the resolution and ordinance binds future council actions; if there are other types of actions that can be used to bind perspective appointments; quo warranto proceedings; the agencies that can file quo warrantor the issue of no state law or case addressing the appointment process; review of other state cases; whether receiving a decision from the court regarding the Port appointment of Mike Carrell would be beneficial; whether the appointment process has ever been challenged} if the Port appointment took place in a public building; the problem with city appointees being sworn -in in the council chambers or a public building; whether the ordinance language binds the Council appointments of non -city boards and commissions; proposed language to include that all appointments are subject to the policy; the reason Mr. Hummell has changed his position regarding perspective appointments; whether the Council can receive an advisory opinion that would not impact the appointment of Mike Carrell; the effectiveness of the City's Port representatives; if Mr. Carrel's actions would be valid if a court ruled that the appointment was invalid, if in other states a board member has been unappointed; costs associated with an election; the cost associated with a quo warranto proceeding; the analysis of the appointment by an appellant court; the section of the charter that deals with appointments; and the cost to add charter amendments to the general election in April. Dr. McCutchon made a motion to amend the resolution and the ordinance to change the policy that appointments will be presented to City Council no earlier than 30 days before the term expires. The motion was seconded by Mr. Kelly and passed. Council Member Leal expressed concern that the swearing -in of all City appointees to boards, commissions and committees be conducted in the Council Chambers or in a public building. Minutes —. Regular Council Meeting January 22, 2008 — Page Mr. Kelly made a motion to amend the resolution to include that the provisions apply to all appointments made by the City Council and are not inclusive to only City boards, commissions, or committee appointments. The motion was seconded by M. Martinez and passed. Mr. Kelly made a motion to amend the ordinance to include the same provisions as the resolution. The motion was seconded by Dr. McCutchon and passed. Dr. McCutchon requested a written statement be provided by City Attorney Fischer stating that the actions taken by Mike Carrell as a Port Commissioner would remain valid even if his appointment was determined invalid by the courts. Dr. McCutchon made a motion to direct staff to propose a charier amendment that deals with perspective appointments at the next charter review. The motion was seconded by Mr. Kelly and passed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 6.a. RESOLUTION NO. 027558 Resolution amending Council Policy 14 "Boards, - ommis i ns, and committee procedures" to provide for eligibility for reappointment to the same board, commission, or committee; to provide for time of consideration of appointment; and to provide for a period when no appointments are to be made. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Kelly, McCutchon, and Martinez, voting "Aye "; Hummell and Leal voting "No"; Elizondo and Marez were absent. 6.b. ORDINANCE NO. 027559 Ordinance amending Chapter 2 "Administration," Article IV "Miscellaneous boards, commissions and committees," Division 1 "Generally," Section 2-67 "Limitations on appointments," of the Code of Ordinances, City of Corpus Christi, to provide for eligibility for reappointment to the same board, commission, or committee; to provide for time of consideration of appointment; and to provide for a period when no appointments are to be made. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Kelly, McCutchon, and Martinez, voting "Aye "; Hummell and Leal voting "No "; Elizondo and Marez were absent. Mayor Garrett referred to the Item 9 regarding a presentation on the remaining Unified Development Code (UDC) Focus Groups' progress. Interim Assistant Director of Development Services Frye Goode -Macon referred to a powerpoint presentation including a background of the seven focus groups; a brief status of the base zoning, infrastructure and shared access focus groups; the development of the administrative focus group; and the completion of the UDC. Cliff Atnip, Chairperson of the Base Focus Group, provided information regarding meeting dates; reviewing of buffers; and the intent to complete the review by the end of March. Minutes — Regular Council Meeting January 22, 2008 — Page 5 Johnny Cotton, Chairperson of the infrastructure Focus Group, provided an update of the group including meeting dates; review of subdivision design and improvements; and the group members, Bart Bra« rt n, Chairperson of the Shared Focus Group, provided an update of the group including meeting dates; review of drivewaydesign and traffic m n g m nt; and completion by th end of March. Mr. Atnip, Mr. Cotton and Mr. Braselton requested the Council consider th final document with focus groups' recommendations in as much of the original format as possible Council members a s d questions regarding implementation of the final document; whether waiting for th completion of the UDC will affect other issues and the transition at th Development Services Department; connection of paring lots; the varying opinions from staff, the focus groups and HDR Engineering; and the process to take over Saratoga Boulevard from the Texas Department of Tranprtatin (TxDOT). Mayor Garrett called a brief recess for a special presentation} proclamations; and listen to public comment. Mayor Garrett called for petitions from the audience. Lionel Lopez, South Texas C l nia Institute, spoke regarding ambulance service not responding to calls outside the city limits. Jack Gordy, 4118 Bray, spoke regarding funds spent for outside attorney fees and development in the industrial district. Janie Gordy, 4118 Bray, spoke regarding the needed improvernents at the senior centers on Tarlton Street and Lindale Street. Dan Vera, 818 Savage, spoke regarding infrastructure improvements and the UDC. Joe Hilliard, 5418 Armstrong and host of a radio program, presented Council Member Hur r ll with an a ward for "Sexiest Council Member' in Corpus Christi for 2008. J, E. O'Brien, 4130 Pompano, spoke regarding the internal auditor position and utility rates. Carlos Torres, President of the Corpus Christi Firefighters Association, expressed condolences on behalf of the C.C. Firefighters Association for the death of Officer Matthew Th b au and requested a moment of silence. Mayor Garrett announced that the executive session was postponed. Mayor Garrett opened discussion on Item 7 regarding Everhart Road Phase 1 improvements. Interim Director of Engineering Kevin Stowers said this project provides for the reconstruction of Everhart Road including traffic signal upgrades at Snowgoose and Cedar Pass Drive and underground utility upgrades. Council members asked questions regarding the final projects of the Bond 2004 issue; funding from the FY2008 Capital Improvement Program (CIP); sewer and storm water upgrades; and the age of the underground infrastructure. Minute — Regular Council Meeting ,January 22, 2008 — Page There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 7.a. MOTION NO. 2008-013 Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, L. P, of Aransas Pass, Texas, in the amount of $7,454,229.87 for Everhart Road Phase 1 Project from Saratoga Boulevard to Cedar Pass Drive for the total Base Bid and Additive Alternates Nos. 1, 2, 3 and 4. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye }'; Cooper, Elizondo, and Marez were absent. 7.b. MOTION N . 2008 -014 Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, of Corpus Christi, Texas, in the amount of $51,452 for Everhart Road Phase 1 Project from Saratoga Boulevard to Cedar Pass Drive for the total Base Bid and Additive Alternates Nos. 1, 2, 3, and 4. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez Mare were absent. * * * * * * * * *ire * * p i e Mayor Garrett called for Council concerns and reports. Council Member Martinez provided staff with an email listing three different locations tagged with graffiti on Southern Street. Council Member Kelly announced that the Astros caravan and Fox Sports were in Corpus Christi. Mr. Kelly thanked the Houston Astros and the Ryan Family for their relationship and investment in the community. Council Member Leal expressed condolences tothefamilyofffirMatthewThbeau and three soldiers that lost their lives last week in the line of duty. Ms. Leal thanked Corpus Christi Police Officers' Association President Domingo Ybarra and Felix Ochoa for their assistance in providing an larm syst to the Gomez family in the Molina area who had been affe ted by home invasions. Ms. Leal also thanked Officer Mike Castillo for his assistance in pursuing the suspect involved in the home invasions. Ms. Leal thanked Police Chief Bryan Smith and Assistant Chief Ken Bung for taking her to the police training area; City Manager Noe for his assistance on projects; the NAACP for inviting her to their banquet; Tyra Pharoah for coming to Corpus Christi; Corpus Christi Independent School District for the Vision 2020 program; all City employees for their hard work; and the alumni of the Delta Sigma Theta Sorority for holding the Martin Luther King march. M. Leal requested an update of the department head directory and the council calendar. Council Member McCutchon requested a copy of the minutes from the beach meeting on sargussum last month and a sumniary of the stakeholders meeting on storm water. Dr. McCutchon requested a review of the ordinance defining single family residents. Dr. McCutchon also spoke regarding the ordinance relating to estate sales and illegal signs at HEB near Santa Fe Drive. Minutes — Regular Council Meetin January 22, 2008 — Page There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting 1:10 p. . n January } 2008. * * * * * * * * * * MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 29, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper* Council Members: Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon John Marez Nelda Martinez *Arrived at 11:51 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett and the invocation was delivered by Reverend Francisco Campos with Kelsey Memorial United Methodist Church. Mayor Garrett called for approval of the minutes of the regular Council meeting of January 15, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for the City Manager's report. City Manager Noe announced that the City of Corpus Christi was a finalist in the "2007 Best Places to Work" large company category. Mr. Noe stated that staff is working on the refinancing of the Packery Channel bonds. Mr. Noe announced that the construction on Doddridge Street between Ocean Drive and Santa Fe will begin on Wednesday, February 6th Mr. Noe said staff is continuing to work on the audit on building fees with initial results by next week. Mr. Noe announced the appointment of Rudy Garza as the new Intergovernmental Relations Director. Dr. McCutchon requested that "Slow, Children Playing" signs be installed in the Doddridge area during construction. Council Member Leal requested that staff develop a master plan for the west side baseball fields; provide a report to extend construction of Greenwood Road to Horne Road; provide an update on the firefighter negotiations; and investigate a residence on Orchid Street for raw sewage. Mayor Garrett called for consideration of the consent agenda (Items 2 - 7). Mr. Bill Kopecky requested that Item 7 be pulled for individual consideration. Council members requested that Items 4 and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION No. 2008 -015 Motion approving the purchase of traffic signal equipment from Texas Highway Products, LTD, of Round Rock, Texas, in accordance with Bid Invitation No. BI- 0067 -08 based on low bid for a total amount of $98,034. Funds have been budgeted by the Street Department in FY 2007 -2008. Minutes — Regular Council Meeting January 29, 2008 — Page 2 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, are , and Martinez, voting "Aye "; Cooper was absent. 3. MOTION NO. 200_87016 Motion approving a service agreement with Ridgeways of Corpus Christi, Texas, for blueprinting service in accordance with Bid Invitation No. BI-0002-08, based on low bid for an estimated annual expenditure of $107,000 f which $53,500 is required for the remainder of FY 2007 -2008. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 5.a. RESOLUTION NO. 027561 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety Governor's Division of Emergency Management, in the amount of $9,000 for hazardous materials emergency preparedness planning activities, in the No. 1062 Fire Grants Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, I1 are , and Martinez, voting "Ayer'; Cooper was absent. 5.b. ORDINANCE NO. 027562 Ordinance appropriating $9,000 from the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise, with a cash or soft match of $2,250. An emergency wa declared, and the foregoing ordinance wa passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Are "; Cooper was absent. 6. ORDINANCE NO. 027563 Ordinance appropriating $19,726.24 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $15,155.93 from unappropriated interest earnings from the Library Capital Improvement Program (CIP) Fund No. 3210 and $4,570.31 from royalties from oil, gas and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027352 to increase appropriations by $19,726.24. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting January 29, 2008 — Page Mayor Garrett opened discussion on Item 4 regarding a grant application for funding available under the Victims of Crime Act (VOCA). Council Member Leal asked that the Gomez family affected by a home invasion on Bloomington Street be included on the crime victim's list. Police Chief Bryan Smith said the department is working with the family. Chief Smith added that this grant covers the salary of employees that assist victims of crime. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. Q27QQ Resolution olution authori ing the submission of a grant application in the amount of $92701 to the State of Texas, Criminal Justice Division for Year 9 funding available under the Victims of Crime Act V CA Fund for the Police Department's Family Violence Unit with a City match of $15,724 and $3200 in -kind services and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare } and Martinez, voting "Aye}'; Cooper was absent. Mayor Garrett opened discussion on Item 7 regarding the Little Miss Kickball Concession Stand. Council Member Hummell asked whether the concession stand is a replacement or an additional concession. Interim Director of Engineering Kevin Stowers said the current concession stand is in disrepair and needs to be replaced. Mr. Hummell asked if Bill Witt Park has more than one concession stand. Director of Parks and Recreation Sally Gavlik said each organization that leases property at Bill Witt Park has its own concession stand. Bill Kopecky, 3609 Topeka, spoke regarding the method and use of job order contracting. In response to Council Member McCutchon, Mr. Stowers provided an explanation of the job order contract requirements and process. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2008-017 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation, of Corpus Christi, Texas in the amount of $81,379.77 for the Little Miss Kickball Concession Stand at Bill Witt Park. {BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Eliondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the public hearing on the following platting ordinances: 8.a. Public Hearing and First Reading Ordinance amending the "Corpus Christi Platting Ordinance" by amending Section !Ito provide a definition of exaction requirement; amending Section XIII and adding new sections V -1, I l I.A., and XIII. B; to provide for development exactions determination ination and an appeals process, providing a repealer clause. 8. b. Public Hearing and First Reading Ordinance amending Section V.13. "Minimum Standards" of the Platting Ordinance to require connection to approved treated water supply, to require looped water lines, and to modify the provisions for reimbursement and developer share of Minutes — Regular Council Meeting January 29, 2008 — Page water arterial and grid main and water distribution line construction costs; providing a repealer clause; providing a penalty clause; providing for publication; and providing an effective date. City Manager Noe said this item was a council directive to present changes to the platting ordinance that would limit trust fund use outside the city limits and eliminate dead -end mains from the water system. Mr. Noe added that the Planning Commission tabled this item from their last meeting. Deputy Director of Development Sen./ices Johnny Perales provided a presentation including the proposed major change components to the platting ordinance; background of the issues; planning commission's review on January 9th and January 23rd; secondary considerations to the ordinance; discussions and primary concerns of the development community; response to developer's concerns; and the historical activity of the trust funds. Mr. Perales stated that after a review from the Legal Department, staff felt obligated to bring back the item to Council without Planning Commission's recommendations to comply with the Council's directive. Council members asked questions regarding filling gaps in growth; clarity in the water distribution standards manual; language added at the developer's request for dead end mains; Texas Commission on Environmental Quality's (TCEQ) limited exceptions on dead end mains; rough proportionality; the reasons the planning commission postponed their decision; separating the issue of dead end water lines; trust fund balance; revenue components of the trust fund; projections for when the funds will be depleted; acreage fees; the percentage of funds from sources other than new acreage platting; funding to reimburse the CIP fund from the wastewater trust fund; future projects that will impact the fund; projects that are not in the master plan; development outside the city limits; and surcharge fees. Dr. McCutchon made a motion on Item 8.b. to separate the dead end water line amendment from the rest of the amendments. The motion was seconded by Mr. Kelly and passed. Mayor Garrett called for comments from the audience. John Kelley, ley, 3621 Austin, asked Council to direct staff to seek input from other groups besides developers. Bill Brown, 5830 McArdle, thanked the Council for their willingness to continue discussions on Item 8.a. and spoke regarding the trust fund and the development community's willingness to increase platting fees. Becky Lopez, Builders Association, said the Association strongly objects the ordinance as proposed. James Skr bars yk, 714 Oriole, thanked the Council for moving forward on the dead end water line amendments and spoke regarding the meeting of the Planning Commission; the development of trunk lines; and reimbursement from the trust fund. Abel Alonzo, 1701 Thames, thanked staff for their work and spoke regarding community invlvemert. Dr. McCutchon made a motin to postpone Item 8.a. and those portions of 8.b. that do not relate to dead end mains. The motion was seconded by Mr. Kelly and passed. Mr. Kelly made a motion to close the public hearing, seconded by Dr. McCutchon, and passed. Mr. Chapa polled the Council for their votes as follows: POSTPONED an appeals process; pr . Minutes — Regular Council Meeting January 29, 2008 — Page 8.b. FIRST READING ORDINANCE Amending Section V.B. "Minimum Standards" of the Platting Ordinance to require looped water lines and provide for the definitions related thereto; providing a repealer clause; providing a severability clause; providing a penalty clause; providing for publication; and providing an effective date. The foregoing ordinance was passed and approved as am end d on its first reading with th following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 9 regarding the continuation of the curfew ordinance. Police Chief Bryan Smith explained that the juvenile curfew ordinance requires approval every three (3) years and has been very successful. Judge Deanie King provided information on the juvenile curfew violations. Council members asked questions regarding the number f curfew violations; the reason for the three year time period; and the phone number to report violations. An unidentified man asked questions regarding home school students. Chief Smith said home school students are an exception to the ordinance. Tammy Castillo, 5841 Skylark, , spoke regarding the Police Department's determination of home school students. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 027564 Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Sections 33-40, 33-41, 33-42, and 33-43. An emergency wa declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett called a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Carols Serrato, Executive Director of South Texas Water Authority, provided a background of the authority and spoke regarding storm water charges to outside city limit customers and the recommendations from the City's consultant. Ms. Serrato said the authority is requesting that the City drop the storm water charges effective immediately and that there be no difference based on cost of service between outside and inside city wholesale rates. Wayne Hayes, 1919 Leopard, spoke regarding the Memorial Coliseum; disposal of concrete from Laguna Madre and Oso Bay; water issues; and the Police Department. Janie Gordy, 4118 Bray, requested information on the improvements at the senior centers and thanked Council Member Leal for asking questions during the Council meetings. Jack Gordy, 4118 Bray, spoke in appreciation of Council Member Leal. Minutes — Regular Council Meeting January 29, 2008 Page Tammy Castillo, 5841 Skylark, spoke regarding the qualifications for the "Ms. Buccaneer Pageant" sponsored by the Buccaneer Commission. Heidi Hovda, invited the Council to the annual Mardi Gras events in the DT own area. John Kelley, 3621 Austin, requested that supporting documentation on agenda items be included in the agenda packet. Mr. Kelley also spoke regarding Downtown Management District President Norma Urban and requested that the Council take action to rename La Retama Park to Norma Urban Park. City Manager Noe said staff will bring back an item for consideration of a site in the downtown area to honor Ms. Urban. Abel Alonzo, 1701 Thames, spoke in support of Item 11 and thanked the staff and the 4A board for their work. J.E. O'Brien, spoke regarding the City's Annual Financial Report (CAFR). Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 15. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 16. Executive Session under Texas Government Code Section 551.071 regarding electric franchise with AEP Texas Central Company, with possible discussion and action related thereto in open session. 17. Executive Session under Texas Government Code Section 551.074 for deliberations regarding the evaluation of the City Secretary, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 17. MOTION NO. 2008-018 Motion authorizing a 4% salary increase for the City Secretary and payment of five (5) additional days each of accrued vacation and sick leave at time employment ends with the City based on his total annualized compensation at that time. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, ll, McCut h n, Mar , and Martinez, voting "Aye; Kelly and Leal were absent. Mayor Garrett referred to Item 14 regarding development plans for Padre Island by Asset Development Corporation. Paul Schexnailder, Asset Development Corporation, referred to a powerpoint presentation including projects in Corpus Christi; research, assessments and studies since 1999; next steps to enhance the island visitor experience; views of the subject properties; development designs of three projects including Beach Walk Village and Marina, The Wharf, and Market Landing; brand concept; and other issues. Bob Alien, i.d.e.a.s, referred to a powerpoint presentation including a background of the company; the company's platform; target audiences; practices of the company; partnership} the brand ring concept; methodology; StoryJam concept; and past performance. Minutes — Regular Council Meeting January 29, 2008 — Page Council members asked questions regarding the Cooper Robertson drawing; cost to the City; RFP process for the resort district area; condition of the resort district area; the reasons for not developing the resort district; return on investment; and whether other cities have gone through an RFP process for land. Mayor Garrett opened discussion on Item 10 regarding 1-69/Trans-Texas Corridor Project. Interim Assistant City Manager Angel Escobar explained that this item is a resolution supporting the 1-69/Trans-Texas Corridor with provisions for the construction of three projects. Mr. Escobar provided information on the upcoming town hall meetings and public hearings. Mayor Garrett called for comments from the audience. John Kelley, 413 Wa, suggested that staff make a formal presentation of the draft environmental impact study before the Council approves the resolution. Council members asked questions regarding the three supported projects; Texas Department of Transportation (TxDOT) projects delayed for lack of funding; and proposed amendments to the resolution. Council Member Leal requested a copy of the draft environmental impact study. There was a brief discussion regarding the language of the resolution. Mr. Hummell made a motion directing staff to modify the resolution to reflect the three initiatives that directly impact the City and eliminate the portions supporting the entire project. The motion was seconded by Mr. Marez. There was a general consensus of the Council to delay the vote on Item 10 to the end of the meeting to allow staff to modify the resolution. Mayor Garrett opened discussion on Item 11 regarding Susser Holdings Corporation. Director of Economic Development Irma Caballero made a brief presentation including the Corpus Christi Business and Job Development Corporation (4A Board) review and approval; incentives; background information for Susser Holdings Corporation; and the summary of employment requirements. Mayor Garrett called for comments from the audience. John Adams, 307 Catherine, asked questions regarding the reason Susser Holdings Corporation is requesting a tax rebate from the City. Chip Bonner, representative of Susser Holdings Corporation, thanked the Council for their support and said the new headquarters will be opened in July. City Secretary polled the Council for their votes as follows: 11.a. RESOLUTION NO. 027566 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and Susser Holdings Corporation granting $640,000 in business incentives for the creation and retention of jobs and relocation of corporate headquarters in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Leal, McCut h n, Marez, and Martinez, voting "Aye "; Kelly abstained. Minute — Regular Council Meetin January 29, 2008 -- Page 8 11.b. RESOLUTION N . 027567 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation (4A Board) regarding implementation and administration of the agreement to grant business incentives to Sussex Holdings Corporation for the creation and retention of jobs and relocation of its corporate headquarters in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, M Cut h ri, Marez, and Martinez, voting ,Aye "; Kelly abstained. Mayor Garrett opened discussion on Item 12 regarding the Community Visioning and Planning Project. City Manager Noe explained that this item is a resolution endorsing the concept of a community visioning project and authorizes staff to work with Texas A & M University — Corpus Christi (TAMU -CC) on an agreement for the initial phase of the project. Mayor Garrett announced that President of the Del Mar Board of Regents Chris Adler stated that the Del Mar Board of Regents supported the project. Mary Sherwood, TAMU -CC, was present to respond to questions. Council members asked questions regarding the timeline for completion of the project; whether the City can contact consultants directly to get a proposal with a timeframe and costs; the initiative process; accomplishments of Vision 2000; what this concept will accomplish; plash; ba l r u nd of the process; the composition of the stakeholders; whether elected officials will be stakeholders; who would dictate the design process; sources of funding; how the idea originated; P16 (pre- kinder through college); the amount of money involved in other communities; the entity in charge of the process and their responsibilities; and funding uses. Mayor Garrett called for comments from the audience. John Kelley, 413 Waco and member of the Smart Growth Initiative, suggested that stakeholders should not be in charge of the process and including citizen groups as stakeholders. 12. RESOLUTION NO. Resolution endorsing a Community Visioning and Planning Project for the Corpus Christi Community. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, M Cut h n, Marez, and Martinez, voting "Aye" Mayor Garrett returned to Item 10 regarding the I- 69lTrans -Texas Corridor Project. City Attorney Mary Kay Fischer said staff revised the resolution based on recommendations. Mr. Hummel! announced that he was withdrawing his previous motion directing staff to modify the resolution to reflect the three initiatives that directly impact the City and eliminate the portions supporting the entire project. Mr. Hummell made a motion to substitute the amended resolution. The motion was seconded by Mr. Marez and passed. City Secretary Chapa polled the Council for their votes on the substitute resolution as follows: 10. RESOLUTION NO. 027565 Resolution supporting those portions of the proposed 1-69/Trans-Texas Corridor Project as it impacts the Corpus Christi, Texas area. Minutes — Regular Council Meeting January 29, 2008 — Page The foregoing resolution was passed and approved as substituted with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare z, and Martinez, voting "Aye". Mayor Garrett referred to Item 13 regarding policy considerations for the development of a storm water utility. Assistant City Manager Oscar Martinez introduced the presentation team including Tony Bagwell with HDR Engineering, Director of Storm Water Operations Valerie Gray, and Support and Education Services Superintendent Adria Schreiber - Garza. Mr. Martinez referred to a powerpoint presentation including enterprise fund issues; other sources of funds; basis of measurement for impervious cover; rate design; administrative issues; exemptions; credits; and appeals process. Council members asked questions regarding funding support from the general fund for management of storm water drainage; development of a true impervious cover basis; whether residential customers will still be subsidizing commercial customers; customization of a waiver process for impervious cover; creating policy where a land owner can pass on the cost to a lessee; rate structure for commercial property; customers reporting impervious cover to the City; ramifications for customers understating impervious cover, residential coefficient factor; phasing impervious proxy to impervious cover basis} implementation of the credit or appeals process; how the proxy system encourages comrrcial property owriers to take the steps necessary to minimize their impact on the storm water system; whether NAS, the Port of Corpus Christi and all industrial districts build and maintain their own storm water system; subdivisions that own their storm water system; whether outside city limit customers will be charged for storm water; if there are any youth sports fields exempt from paying water; and the creation of a drainage district. There was a general conenufrom the Council to direct staffto continue exploration of the impervious rvious cover. Mayor Garrett call d for Council concerns and reports. Council Member Mare thanked staff for attending the town hall meeting at Meager Elementary School. Mr. Marez also invited the public to attend the Mardi Gras celebration beginning Thursday, January 31 st in the downtown area. Council Member McCutchon asked staff to develop guidelines to improve the water quality of runoff into the estuaries. Dr. McCutchon also requested that the sign recommendations made by Ralph Appelbaum and Associates for the Museum of Science and Flistory be included in the Bond 2008 project. Council Member Leal thanked the Wastewater Department for adding chemicals to the Greenwood Wastewater Treatment Plant and fixing problems on Orchid Lane. Ms. Leal thanked all city employees for their hard work. Ms. Leal also thanked Director of Neighborhood Services Yvonne Haag for resolving the issue on Indiana Avenue. Council Member Humrell asked staff to investigate a complaint from John Tinder regarding the release of a vehicle from the impound lot. Council Member Cooper also thanked staff for attending the town hall meeting at Menger Elementary. M. Cooper announced that the next town hall meeting will be hosted by Council Member Leal and is scheduled on February 27th at West Oso Elementary School. Ms. Cooper extended her condolences to the family of Officer Matthew Thebeau and the Police Department. Minute -- Regular Council Meeting January 29, 2008 - Page 10 Council Member Elizondo asked questions regarding the hours of operation for the graffiti truck. Mayor Garrett expressed his condolences to the family of former City Council Member Bob There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4 :59 p.m. on January 29, 2008. Gulley. 2 a. CABLE COMMUNICATIONS S OMMISSION — One (1) vacancy with tern to 08. 08 (Since the term ends 7-27-08, it is recommended that the appointment efor a new three-year term ending 7-27-11.) DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable conllnunications system programming. The commission shall select from its membership a chairperson and a vice - chairperson whose terms shall be one year. ORIGINAL MEMBERS TERMS MS, APPTD. DATES Carolyn Moon 7 -27-09 5-29-07 ***Dr. Bruce Nelson Stratton, Vice Chair 7-27-08 7-12-05 Joan Veith 7-27-08 5-29-07 Connie Gutierrez 7 -27 -10 1-10-06 Stephen R. West 7 -27 -09 10-11-05 INDIVIDUALS EXPRESSING INTEREST ' Mark Di Carlo Richard Drilling Self - Employed, Attorney. Received B.A. from Mount Union College and Juris Doctorate from University of Houston. Activities include: Voices of the Coastal Bend, Public Access Show. (8/2/07) General Manager, K,.1II TV. Received A.A. from Fresno City College. Activities include: Texas Association of Broadcasters and Corpus Christi Country Club. (9-11-07) Lpgcndi *Seeking reappointment **Not seeking reappointment ** *Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Leo Estrada Louis Hoelscher Sandra L. Maddox Latrice M. Sellers Retired. Attended Del Mar College. Graduate of Del Mar Police Academy. Activities include: LULAC, Tejano Democrat, and Corpus Christi Barrios Association. -22- 08) Retired, City of Corpus Christi. Attended College and Continuous Education Classes by Texas Engineering Extension Service. Activities include: Member and Eucharistic Minister at Most Precious Blood Catholic Church, Life Member of American Rose Society, President of Corpus Christi Rose Society, and The Gardens Condos Board. Recipient of Water Utility Young Man of the Year — Coastal Bend Water and Sewer Association and the South Central District Bronze Award from the American Rose Society. (10-17-07) Marketing, KIII TV 3. Attended Del Mar College, Southwest University and U.S. Air Force, Activities include: Chamber of Commerce Ambassador Chair, HSMA and Leadership Corpus Christi. (9-24-07) Department HeadiFSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, Cable Access Show "Community Outreach ", and State Democratic Executive Committee for Women. (8-30-07 b. ELECTRICAL ADVISORY BOARD — Three vacancies with terms to 12-31-09 representing the following categories: 1 — Master Electrician, 1---. Regular Engineer, and 1 — Commercial Builder. (Note: Staff is recommending that the Regular Engineer vacancy be postponed until i additional resumes are received.) DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician licenses, preparation and grading of examinations for each classification of electrician required to be examined; to prescribe the manner and sequence of examinations; to revoke or suspend license on proof of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code. An applicant who fails an examination three times may appeal to the City Manager to appoint a special board to examine said applicant. COMPOSITION: Ten (10) persons appointed by the City Council: two (2) persons with at least five years active experience as a master electrician; one (1) person with at least five yews . active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of five years experience in electrical engineering; one (1) person with five years experience in the commercial building industry; one (1) person with five years experience in the home building industry; and one (1) member, resident of Corpus Christi, not connected with the electrical industry.; one (1) field representative from a utility power distribution company; and one (1) person in the electrical supply business. Five members of the Board constitute a quorum, and concurring vote of not less than five members is necessary to constitute an official action of the Board. ORIGINAL MEMBERS TERM AP TD, DATE *Fiorentino Vasquez (Master Elec.) ) 12 -31 -0 12-20-05 Michael S. Riley (Master Elec.) 12 -31 -0 1-23-07 Billy Ashcraft (Field Rep. Dist. Co. 12 -31 -0 1-23-07 Bhaskar Patel (Not Bonn. to elec. industry) 12 -31 -0 1-23-07 Craig Loving (Journeyman Elec) 12-31-08 1-18-05 * *Albert Alaniz (Reg. Engineer) 12 -31 -0 12-20-05 ***Bill Ewing, Jr. (Commercial Builder) 12 -31 -0 9-14-04 Dan M. Dibble (Home Builder) 12 -31 -08 1-23-07 Lee Montgomery (Electrical Eng) 12 -31 -08 1-18-05 Don Fretwell (Electrical Supply Business) 12 -31 -08 1-23-07 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Electrical Advisory Board is recommending the reappointment of Fiorentino Vasquez ue (Master Electrician) and the new appointment of David Schury (Commercial Builder). ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST 'FERN YEAR Fiorentino Vasquez 100% (Master Electrician) OTHER INDIVIDUALS EXPRESSING INTEREST David S. Schury Vice President of Operations, D S S Construction, Inc. Attended Del Mar College and Received Trade and Industrial Teaching Certificate from Corpus Christi State University. Activities include: Union Member er of the United Brotherhood of Carpenters. (Commercial Builder) (9-19O7) (Note: Development Services Staff has made efforts o recruit cos for this Board since November, 2007. Because o f the specific category requirements, only one person has expressed interest. Council wishes, this appointment can bepostponed for further p � recrui c. FOOD SERVICE ADVISORY COMMITTEE - One (1) vacancy with term to 6-24- 08 representing the following category: 1— Food Industry. (Since the term ends 08, 08 it is recommended that the appointment be for a new three -year term ending 11.) DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art. 19-84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative, and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three -year term. ORIGINAL MEM13EI TERM APPTD. DATE ****John Denson (Food Industry) 6-24-08 -2 - 2 D.W. Haven (Food Industry), Chair 6-24-09 6-10-03 Michael A. Garcia (Food Industry) 6-24-09 6 -13 -06 Dr. Nina Sisley (Community at Large) 6-24-08 6-14-05 Cheri Sperling (Community at Large) 6-24-08 4- 13-04 Gabriel G. Hernandez (Food Industry) 6 -24 -10 6-19-07 Beverly Rogers (Community at Large) 6-24-10 7-13-04 INDIVIDUALS EXPRESSING INTEREST Christopher Aeby Chef /Owner, Restaurant Lavender. Attended the California Culinary Academy. (Food Industry) (10-3-07) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Joshua Hinojosa Lisa B. PoRRais Owner, J & R Janitorial Services, Kitchen Supervisor, Del Mar College (West Campus) and Security Guard. Attended Del Mar College, Restaurant Management. Activities include: Coastal Bend Restaurant Association, Texas Restaurant Association, Texas Today Adults Tomorrow, Former Member of Chamber of Commerce and Hispanic Chamber of Commerce. (Food Industry) (1-22-08) Restaurant Management Instructor, Del Mar College. B.S. in Hotel, Restaurant and Institutional Management, The Pennsylvania State University. Served as the Nutrition Coordinator for Senior Community Services with the City of Corpus Christi for ten years. Activities include: Coastal Bend Restaurant Association and Second Vice-President of the Club Estates Elementary P 1 PDM Committee. (Food Industry) (9-28-07 d. LEADERSHIP COMMITT E FOR SENIOR SERVICES — Nine (9) vacancies with terms to 2 -01 -09 and 2 -01 -10 representing the following categories: 1--- Direct Service Agency, 1 — Senior Center Participant, 2 — Senior Companion Program Volunteers, and — Community Representatives. (Note: Staff is recommending that the one of the Senior Companion Program Volunteer vacancies be postponed until additional resumes are received.) DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen 1 members representing the following categories: 2 - Senior Center Participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) Volunteers, 2 - Senior Companion Program (S.C.P.) Volunteers, 3 - Direct Service Agencies, and 6 - Community Representatives. Initially, eight members shall be appointed for a term of one-year and seven members shall be appointed to two -year terms. ORIGINAL MEMBERS TERM APPTD. DATE Roland Medrano (Agency), Chair 2 -01 -09 242-02 Alan D. Bligh (Community), vice -Chair 2 -01 -09 2 -12 -02 * * * *Lupita Jimenez (Agency) 2-01-08 3-21-06 Marion Bali (Senior ctr.) 2 -01 -09 2 -12 -02 *Miltan A. Marti (Senior ctr.) 2 -01 -0 3-21-06 Kathy r Marron (R.S.V.P.) 2 -01 -09 2-15-05 Donna Marie Cisneros (R.S.V.P.) 2 -01 -09 2-10-04 *'* * *Apolonia Cantu S.C.P. 2-01-08 2 -12 -02 **Trinidad Benavides S.C.P. 2-01-07 3-21-06 ****Mary Garana Alien (Community) 2-01-09 3-21-06 ***Barbara Deguzis is (Community) 2-01-08 2-10-04 * **Anna Gonzales Community 2 -01 -08 2 -12 -02 Judy McNamara (Agency) 2 -01 -09 2 -20 -07 *Guy Williams (Community) 2-01-08 2-20-07 ***Hope Franklin (Community) 2-01-08 2 -10-04 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Leadersh0 Committee for Senior Services is recommending the reappointments of Milian A. Marti (senior Center Participant)) and Guy Williams (Community). It is also recommending the new appointments ents f Bonnet, Bright (Community,), Jim Espey (Community), Lisa Pollakis (Community), Nicole Segovia (Community), Jane Haas (Direct Service Agency), and Linda Leach (Senior Companion Program.). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME Ims TERM Milian A. Martin (Senior Ctr.) 11 Guy Williams (Community) NO. PRESENT 9 (2 exc.) 6 (1 exc.) OTTER INDIVIDUALS EXPRESSING INTEREST Ronnell Bright Nancy Calcaterra % OF ATTENDANCE LAST TERM YEAR 82% 67% Financial Products Sales Specialist, April Roberts State Farm Agency. Received B.S. Degree in Business Administration from Florida A &M University and Masters of International Business Administration from University of Miami. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Black Chamber of Commerce and Computer Teacher at Greenwood Senior Recreation Center. (Community) Food Service, Flour Bluff Independent School District. Formerly Managed Medical and Chiropractic Offices and did Medical Insurance Billing. Received Operating Room Technician Certificate and Attended College. Recipient of Employee of the Month at Flour Bluff Independent School District. (Community) 08) Shed Dareaux Jim Espey Andrea I. Green Rick Greenfield Jane Haas Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (Community) y (1-25-08) Retired, Sales/Marketing Director. Received BS Humanics/Psychology. Activities include: YMCA oardlCommittees, Yacht Club Director, Private Pilot, Scuba Instructor, and Real Estate. (Community) (1-9-08 Tax Professional, H from Mount Holyoke Massachusetts, and University, Syracuse, include: Southside (Community) R Block. Received E.A. College, South Hadley, M.S. from Syracuse New York. Activities Evening Toastmasters. Program Manager Engineering Services, MANCON, , Inc. Received A.A. in Liberal Arts, B.AA.S. in Industrial Technology, and M.A. in Organizational Management. Activities include: Qualified Mediator for State of Texas. (Communily) System Director, Wellness Services at CHRISTUS Spohn. Received Bachelor of Fine Arts from University of Memphis, Masters Degree from Texas A&M University- Corpus Christi. Certified Wellness Coach and Freshstart Facilitator Trainer. Activities include: Instructor at Del Mar College, Youth Minister at St. Pius X Catholic Church, and Prostate Committee Member for American Cancer Society. Recipient of Philips Lifeline Exceptional Performance Award 2005 and 2006. (Direct Service Agency) (1-1808) Joshua Hinojosa Linda M. Leach Adelfa M. Martinez Lisa B. Pollaids Nicole V. Segovia Owner, J & R Janitorial Services, Kitchen Supervisor, Del Mar College (West Campus) and Security Guard. Attended Del Mar College, Restaurant Management. Activities include: Coastal Bend Restaurant Association, Texas Restaurant Association, Texas Today Adults Tomorrow, Former Member of Chamber of Commerce and Hispanic Chamber of Commerce. (Communily) ( Retired. Activities include: Volunteer, Senior Companion Program with the City of Corpus Christi, and Christ Point Church. Recipient of Certificate from National and Community Services and Certificate of Achievement. (Senior Companion Program) (12-13-07) Retired. Received Associates Degree in Business. Activities include: Volunteer at Lindale Sr. Center, Sr. Site Council President, Active in Politics, PTA, Choir Member at St. Cyril Methodius Church, and Jail Ministry at Nueces County Jail. (Community) (1 Restaurant Management Instructor, Del Mar College. B.S. in Hotel, Restaurant and Institutional Management, The Pennsylvania State University. Served as the Nutrition Coordinator for Senior Community Services with the City of Corpus Christi for ten years. Activities include: Coastal Bend Restaurant Association and Second Vice- President of the Club Estates Elementary PDM Committee. Community ) (9-28-07 Coordinator Devine Mercy "Works of Mercy", St. Joseph's Catholic Church. Received Associates in Liberal Arts from Del Mar College, BS in Education from Texas A &I University and Certified in Secondary Education, Vocational Education, and High School Reading. Previous activities include: V.I.S.T.A,, Religion Education Coordinator and Teacher and "Buc Alumni Speaker Day". (Community) (12-27-07 e. MI]UM OF SCIENCE AND HISTORY ADVISORY COMMITTEE — One (1) vacancy with term to 9 -01 -0 representing the following category: 1 — Regular Member. (Mayoral appointment with advice and consent f Council) DUTIES: To consult with the Museum Director on operation of the museum, to act as advisory to the City Council on matters pertaining to the operation, support, and development of the Corpus Christi Museum. COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by Friends of the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall seek suggestions from Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and from Board of Trustees of other Corpus Christi school districts. Ex- officio members shall include the City Manager and Superintendent of CCISD, or their designated representatives. The term of each advisory member shall be three years. ORIGINAL AL MEMBERS TERM APPTD.DATE l elida Ortiz, Chair 9 -01 -0 10 -10 -06 Thomas Mmes (Museum Aux.) 9-01-10 -11-07 Luella R. Gipson- Torres 9-01 -10 941 -07 Dr. Robert Hatherill (Friends of the Museum) 9-01-09 12-20-05 Lucia Inez Sosa (Friends of Museum) 9-01-08 9 -11 -07 Kathy N. Juneau (Museum Auxiliary) 9 -01 -10 9 -11 -07 Linda Torr o (CCISD) 9 -01 -09 12-20-05 Jim Moloney (Friends of the Museum) 9 -01 -10 9 -11 -07 ***Jamie Duff 9-01-08 9 -11 -07 Dr. Jonda Halcomb 9-01-09 1040-06 Kimberly Harris 9 -01 -10 941-07 Dr. Margaret Ellen Bolick 9-01-09 9-23-03 City Manager Ex- officio, nonvoting CCISD Superintendent Ex- officio, nonvoting Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has net six -year service limitation LI'iDIVIDULS EXPRESSING INTEREST Georganne Gasaway Cristina T. Gil Patrick Smith William Strawn General Manager, Corpus Christi Stamp Works, Inc. Activities include: Volunteer for Food Bank. Helped Create Pick-Up School Program (Students Responsible for Cleanliness of School Grounds) at Corpus Christi Independent School District. (10/2/07) Homemaker. Attended University of Pennsylvania, Wharton School of Business, Accounting and Finance and Undergraduate, Economics, Columbia University. Activities include: Junior League of Corpus Christi, CASA Advocate, Padre Island Business Association„ Altar and Rosary Society, and Padre Island Enrichment Club. (2/5/08) Programming Consultant, Robbins - Gioia. Received BA in Applied Sciences from Texas A &M- Commerce. Activities include: United States Army Reserve and Contractor, Past Director of Big Brothers Big Sisters, Waco, Texas and Past President, Active Claremont, Claremont, California. (8-21-07 Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot/Observer Coast Guard Auxiliary and Bay Yacht Club. (9/01/07) f. REINVESTMENT ZONE NO. TWO BOARD — Up to ten (10) City vacancies with terms to 11-01 -09, DUTIES: The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code, The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. COMPOSITION: The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the Board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint not more than (10) members. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and own real property in the zone. ORIGINAL MEMBERS TERM APPT . DATE *Samuel L. Neal, Jr., President (City) 11-01-07 11-21-00 *Brent Chesney (City) 11 -01 -07 5-21-02 *Melody Cooper (City) 11 -01 -07 10-28-03 *Jerry Garcia (City) 11-01-07 5-23-06 *Henry Garrett (City) 11 -01 -07 5-23-06 *Rex Kinnison (City) 11 -01 -07 11-21-00 *J hn Longoria (City) 11 -01 -07 11-21-00 *John Mare (City) 11 -01 -07 5-23-06 *Jesse Noyola (City) 11 -01 -07 5-21-02 *Mark Scott (City) 11 -01 -07 11 -21 -00 Gabriel Rivas (Del Mar) 11-01-06 Terry Shamsie, Vice-Pres. (Nueces County) 11 -01 -06 Cal Jennings (Hospital District) 11-01-06 Richard Pittman (Flour Bluff ',S.D.) 11-01-06 John LaRue (Port of C.C.) 11 -01 -06 `City Appointees. Historically, the Council has appointed Council embers as representatives, but it is not required. A meeting of the Reinvestment Zone No. Two Board is tentatively scheduled for February 19, 2008. 3 Requested Council Action: 2/12/08 Alternate Council Date: 2/19/08 COUNCIL MEMORANDUM REC I MMENDA.TIoN: Motion approving a supply agreement with Bay Chemical & Supply Co., Odern, Texas for approximately 13,000 tons of liquid aluminum sulfate in accordance with Bid Invitation No. B1-0075-08, based on low bid, for an estimated annual expenditure of $1,245,400.00, of which $622,700.00 is required in FY07-08. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been by budgeted the g Water Department hi FY 07 -0. BACKGROUND: Purpose: Previous Contract: The liquid aluminum sulfate i :IBM IIIB 1 oo•aa2 §vz � 00# I iZ m C 0. C a c3. 5. c cn cci 6TE NOlidINOS30 0 U) 00'00 ` Z' L 13 0 m B3I d 110L 0 •0PP1 CZ$ 3011:Id ilNil 3O I d 1V101 O CO M • 0 m ni 90 0 0 0 0 m C z 55 0 xi zI m r v 0 —1 1 O I— CO O C, Ei c c z rn - z 0 F 0 ri • C -1 - 0 m1 z z z n1 ,„ P 03 xi C 03 C -71 lc; � > rn , .R) 0 co 0 co Q n� 0 0) 0 z _1 0 D-a c7) 0 pai 4 Requested Council Action: 2/12/08 Alternate Council Date: 2/19/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Mardis, Inc., Kilgore, Texas for Police Uniforms, in the amount of $62,430.50, of which $31,215.25 is required in FY07 -0 . The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. The award is in accordance with the State's Cooperative Purchasing Program. Funds have been budgeted by the Police Department in FY O7- . BACKGROUND: Purpose: Basis of Award: Funding: The supply agreement covers the trousers and shirts worn by the Police Officers. The contractor will be required to measure police officers and perform custom fittings which include, but are not limited to, shirt tapers, waist tapers, crotch tapers, as well as any alterations required to ensure a proper and professional fit. The police uniforms are made available under the Texas Procurement and Support Services (TPASS) Term Contract Number TXMAS-8-8401. Police Department (FYO7-08) 520040-10204 1700 $674.00 520040 -1 02041711 2,171.00 520040 -1 02041 720 2,828.00 520040-1020-11730 1,272.00 520040 -1020 -11740 11,310.13 520040-102041741 11,310.12 520040 -1 020 -11790 708.00 520040 -1 020 -11 800 235.00 5200404 020-11 707.00 Total $31,215.25 Michael Barrera, Assistant Director of Financial Services CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION POLICE UNIFORMS BUYER: : G BF IEL M LD N TXMAS-8-8401 COUNCIL DATE: FEBRUARY I 12, 2008 Nardis, Inc. Kilgore, Texas Item Description Qty. Unit Unit I Extended Price I Price 1 Trousers, Police Personnel Male Blauer Street Gear 8980 (rayon blend with cargo pocket), dark navy. 2 Trousers, Police Personnel Female Blauer Street Gear 8880 -W (rayon blend with cargo pocket), dark navy. 3 shirts, Police Personnel Male, Blauer 8910, Dark Navy. 4 Shirts, Police Personnel Female, Blauer 8910-W, Dark Navy. 450 20 Pairs Pairs $69.85 $81,432.50 69.85 1,397.00 600 Each 45.54 27,324.00 50 Each 45.54 2,277.00 Totals $62,430.50 5 CITY COUNCIL AGENDA MEMORANDUM City council Action Date: 02/12/08 AGENDA ITEIIII. Motion to authorize E9 -1 -1 Service Agreement with Sprint SpeSpectrum L.P. in the amount of $395,000 for company to provide caller directory information and caller location information for Sprint wireless customers 9 -1 -1 calls to the City Metrocom. ISSUE: The Federal Communications commission (FCC) has mandated that all wireless telephone companies deliver Enhanced 9 -1 -1 service (which provides for caller location of wireless 9 -1 -1 calls) into all public safety answering points. Currently, state law provides that home rule municipalities shall reimburse the wireless service provider for their reasonable expenses for network facilities, including equipment, installation, maintenance, and associated implementation costs. Staff has negotiated a Wireless Service Agreement with Sprint Spectrum L.P. that includes an agreed cost allocation method for the past and future delivery of E9-1-1 service. REQUIRED COUNCIL ACTION: Approval of contract. FUNDING: Funding is provided in the FY 0708 General Fund. CONCLUSION AND RECOMMENDATION: Staff recommends approval of p a ment. Brya P. Smith Chief of Police Attachments: • Contract with Sprint Spectrum L.P. BACKGROUND INFORMATION In, 199 the City filed notice of intent withdraw from the Coastal Bend Council of Govemments Interlocal Agreement to provide 9 -1 -1 service to the City of Corpus Christi and the other COG counties. As of May 12, 2002 the City began operating its own 9-1-1 service as a home -rule city. Accordingly, the City must negotiate directly with all wireline and wireless telephone carriers operating in its jurisdiction to maintain the delivery of -1 -1 services into the Public Safety Answering Point (PSAP). The Federal Communications Commission (FCC) has mandated that all wireless telephone companies deliver Enhanced -1 -1 service (whi PHASE E I /PHASE II E9-1-1 SERVICE AGREEMENT This Phase I /Phase II E9 -141 Service Agreement, including all Attachments appended hereto ('Agreement"), is entered into as of (the "Effective Date"), by and between City of C rpu Ch it a ] xas home -rube muni ality, (herein after "911 Governmental Entity") and Entity), and Sprint Singtrum L.,pu a Delaware Jirnit d r �l d b , p rint PC "Wireless Pr *der" an ! ext -1 of - x • s In oin 1 " • nn - xtel" (herein after MP), for the installation and provision of Phase 1 and Phase II E9 -1 -1 Service, in compliance with the FCC Order, as defined in Article 1, paragraph 19 hereof. RECITALS l A. Pursuant to the FCC Order, the FCC requires cellular and Broadband ICS lic nsees and certain other wireless licensees to initiate action for the provision of Phase 1 and PhasE II E9- 1-1 service which will enable such licensees to (1) relay a caller's mobile directory . umber information and the location of a cell site receiving a 9 -1 -1 call to the designated PSAP provide caller's location information to the designated PSAP according to the terms and f.. , .;Jitions of this agreement and the requirements and standards that the FCC has in effect pert ;ing to WSP. B. 9 -1 -1 Governmental Entity and W P acknowledge that pursuar ! to the F ti. )rder, Phase I and Phase 11 E9 -1 -1 service requiremen apply to a cellular or Broadl} :Mnd Pa lice ;ee in an area if the 9 -1-1 Governmental Entity (1) requests such service in writing fry m the Iicen and the relevant public safety answering point(s) PSAPs ire that area are capa. -le of receivi- x and utilizing the data elements associated with such service, and has a mechani -m for the rt very of reasonable costs relating to the provision of such service is in place. C. 9 -1 -1 Governmental Entity has (1) requested Phase 1 and Phax 11 E -1 -1 rice in writing from WSP for each PSAP in the 944 Governmental Entity's - irisdiction z- (2) represented and warranted that the PSAPs are capable of receiving and utilizin the data e rents associated with Phase 1 and Phase I1 E9 -1 -1 Service and represented and warranted _ - -Ft the 9 -1 -1 Governmental Entity has in place a mechanism for the recovery of reasc able costs : :Iating to the provision of Phase 1 and Phase II E9 -1 -1 Service, D. 9 -14 Governmental Entity and WSP wish to implement Phase I and Phase . E9 -1- 1 Service according to the terms and conditions described herein and in accordance with ie FCC Order. In consideration of these premises and the mutual covenants and agreements here 'after contained, the Parties hereby covenant and agree as follows: The Attachments attached to and hereby incorporated into this Agreement are: Attachment 1, Phase I /Phase II E9 -1 -1 Wireless Service Work Plan (the Work Plan) Attachment 2. Phase I and Phase I1 Service Contacts List Attachment 3. Fees Schedule Attachment 4. Standards Attachment 5. Insurance Requirements ARTICLE I— DEFINITIONS in l din all Attachments appended hereto), all capitalized For the purposes of this Agreement fined as set forth below or as otherwise defined in this Agreement. . terms shall be de 1. 271-,10il A End User utilizing WSP's wireless network, , initiated by dialing ��� made Wireless r "Send" `� button) n a "9-1-1" pressing the Send or analogous transmitting as necessary, � Wireless Handset. 2. ogre,.. r rtl rte The City of Corpus Christi, Texas. 3. -1 -1 Governmisdiction • Texas Health and Safety Code Chapters 771 and 772, the As defined in applicable �� � emergency 9-1-1 coverage area in which a 9-1-1 Governmental Entity proved g c geographic ' service; such area is described in maps and l Enti ursuant to the procedures s t forth in the Work d Plan. at�on to be provided by 9-1-1 err�mnta t � . -1 -1 Network Prove er The current operator of the selective router that provides the interface to the PSAP for - 1 -1 service. 5. .-1 4 era or The PSAP operator receiving 9-1-1 calls. 6. A :tiva ion n " or activating, Phase I and Phase II E9-1-1 Service for live use The act of "turning o , the through WSP's network in a Phase 1 and Phase II E9-1-1 Service Area, as described in t Work Plan attached to this Agreement. 7. Activation Date The date on which Activation takes place in a Phase 1 and Phase II E9-1-1 Service Area, as described in the Work Plan. 8. Affiliate With respect to a Party, any individual or entity that directly or indirectly controls, is controlled by or is under common control with that Party. 9. Automatic Location Identification All at the PAP of the caller's telephone number, the a address /location The automatic display of the telephone, and supplementary emergency information. Fo r wireless calls this would r�fo include the Call Back Number information of the Wireless End User and the � Cell /Site /Sector Information. 10. Automatic Location Identification ALI_ Database A computer database used to update the Call Back Number information of Wireless End Users and the Cell Site /Sector Information. 11. Basic Trading Area (E3Tin1/4 A geographic area used by the FCC as described in 47 C.F.R. §24.202 of the rules and regulations of the FCC in defining Broadband PCS service areas, which areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 39. 1. Broadband PCS Broadband Personal Communications Service or its equivalent, as described in Part 24 of Title 47 of the rules and regulations of the FCC, subpart E, as amended from time to time J 1. Call Back Number The MIN or MDN, whichever is applicable, of a Wireless En User who has made a 94 -1 call, which usually can be used by the PSAP to call back th Wireless End User if a 9-1-1 call is disconnected. In certain situations, the MIN or MD14 forwarded to the PAPS may not p rovide the PAP with information necessary to call 'back the Wireless End User making the 9 4- call, including, but not limited to, situations affected by illegal use of Service (such as fraud, cloning, and tumbling). 14. Callin Pa umb r CP114 A 10 -digit dialable directory number used to call a Wireless Handset. 15. Cell Sector An area, geographically defined by MP (according to WSP's own radio frequency coverage data), and consisting of a certain portion of all of the total coverage area of a Cell Site. 16. Cell Sector Identifier The unique numerical designation given to a particular Cell Sector that identifies that Cell Sector. 17. Cell Site A WSP radio base station in the WSP Wireless Network that receives and transmits wireless communications initiated by or terminated to a Wireless Handset, and links such telecommunications to the WSP's network. 18. Cell Site /Sector Information Information that Indicates, to the receiver of the information, the location of the Cell site initially receiving a 9-1-1 call initiated by an Wireless End User, and which may also include additional information regarding a Cell Sector. 19. Cellular Service Cellular Radiotelephone Service, Cellular Service or its equivalent, as described in Part of Title 47 of the rules and regulations of the FCC, subpart H, as amended from time to time. 20. Emeraen rvice _I urr ber E Routin Codes A number stored by the selective router used to route a call to a particular PAP. 21. Emergency Service Routin Di its ESRD A routing number translated from the Cell Sector Identifier that rotes the 9 -1 -1 call to the appropriate PAP. l 22. Emerosicy Service Routing_ Key E K A routing number (in telephone number format), which identifies a group of Cell Sectors or Cell Sites served by a PSAP and which is utilized to route the 9 -1 -1 call by the Selective the appropriate PAP and to query the ALI database. Router to � � � 23. FCC The Federal Communications Commission. 24. FCC Order The Federal Communications Commission Report and Order in CC Dock rtt No. 9 40, the Memorandum Opinion and Order and any subsequent orders in that FCC proceeding. 25. Host ALI Records Templates from the AU Database that identify the Cell Site location and the Call Back Number of the Wireless End User making a 9 -1 -1 call, 26. Pia or Trac Area MTA A eo r hic area used by the FCC as described in 47 C.F.R. §24.202 of the rules and g g regulations of the FCC defining Broadband PCS service areas, which areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 39. 27. etro olitan_ Statistical Area _MVO A eo ray hic area used by the FCC as described in 47 C.F.R. §22.909 of the rules and g P regulations of the FCC in connection with Service. 28. lobile Direct_ [unnber D A 1 -digit dialable directory number used to call a Wireless Handset. 29. Mobile Identification Number (MIN) A 10-digit number assigned to and stored in a Wireless handset. 30. Mobile Switching Center (MSC) A switch that provides stored program control for wireless call processing. 31. Party or Parties The term "Party" shall refer to MP and 9 -141 Governmental Entity, individually. The term "Parties" shall refer to MP and 94 -1 Governmental Entity collectively. 32. Phase I E9 -1 -1 Service The service, specifically described in Article II of this Agreement, that WSP shall provide to 9;14 Governmental Entity pursuant to the terms and conditions of this Agreement. 33. Phase II E-9-1-1 Service The service, specifically described in Article II of this Agreement, that WSP shall provide to 9 -14 Government Entity pursuant to the terms and conditions of this Agree ent and the requirements and standards that the FCC has in effect pertaining to WSP. 34. Phase 1L Phases II 9 -1 -1 Service Area(s) Those geographic portions of a 94 -1 Governmental Entity Jurisdiction in which MP is licensed to provide Service. Collectively, all such geographic portions of the 944 Governmental Entity's Jurisdiction subject to this Agreement shall be referred to herein as the "Phase I /Phase 11 E9 -14 Service Areas." 35. Public Safe Answering Point SAP A 24-hour communications facility established as an answering location for 9 -14 calls originating within a given service area, as further defined in applicable law Texas Health and Safety Code Chapters 771 and 772. 36. Recommendation for iDelay A written statement of WSP stating that, based on the results of the verification procedures completed as of the date of notice, Phase I or Phase II E9 -14 Service, in a relevant Phase I /Phase 11 E9-141 Service Area (and/or in related Phase I /Phase II E9-1-1 Service Areas), should be delayed in that Phase I /Phase II E9 -14 Service Area past the scheduled Activation Date. 37. Rural Service Area (RSA) A eo ra hic area used by the FCC as described in 47 C.F.R. §22.909 of the rules and g p regulations of the FCC in connection with Service. 38. Service ontr!__Poirt SP A centralized database system used for, among other things, wireless Phase I/Phase II E9- 1-1 Service applications. It specifies the routing of 94 -1 calls from the Cell Site to the PSAP. This hardware device contains special software and data that includes all relevant Cell Site locations and Cell Sector Identifiers. 39. Selective Router switching office equipped with a program to receive and process 9 -14 calls and route them to the appropriate PAP based on either the telephone number, ESRD, or ESRK. 40. Service Depending upon the geographic area in which it is being provided, Cellular Service or Broadband PCS, as decribed in 47 C.R.F. Part 22, subpart H, and 47 C.F.R. Part 24, subpart E, respectively{ f the rules and regulations of the FCC, as amended. 41. Vendor A third party used by either the 9 -14 Governmental Entity or WSP to provided services hereunder. 1 42. Wireless handset The wire ss equipment used by a Wireless End User to originate wireless telephone calls or to re ive wireless telephone calls. 43. WSP The named wireless service provider and all its affiliates (collectively referred to as "WSP"). 44. WSP Su b cri , ers Wireless telephone customers who subscribe to the Service of WSP and have a billing address within a 94 Governmental Entity Jurisdiction. 45, Wireless End User Any person or entity receiving Service on a WSP Wireless System. 46. WSP Wireless Sygem Those mobile switching facilities, • Cell sites, and other facilities that are used to provide Service in an MSA, RSA, MTA or BTA (or portion thereof). 47. MP wireless Network Those MSC s, cell sites, and other facilities that are used to provide Service in an MSA, RSA, MTA or BTA (or portion thereof) included in the Phase I /Phase II 9F4 -1 Service Area ARTICLE 11- PROVISION OF PHASE I E9 -1-1 SERVICE AND PHASE II E9 -1 SERVICE "Phase 1 E9-1-1 Service" means the service by which WSP delivers to the designated PAP the ireless End User's Call Back Number and Cell Site /Sector Information when a Wireless End User has made a 9 -14 call. WSP agrees to implement and provide Phase I E9 -14 Service to 9 -1 -1 Governmental Entity as requested and agreed to in the Attachment 1, the Phase 1 E9-I-1 wireless Service Work Plan and according to the Standards set forth in Attachment 4. . "Phase II -� -1 -1 er i " man all services provided by the 11 P' .Pha 1 obligations, with the addition of providin a description of Wireless End User's physical location (X, Y coordinates) in compliance with the requirements and standards established by the FCC under Docket 94 -102, and in compliance with all other federal, state, and local requirements and standards applicable to MP. ARTICLE III —COSTS AND REIMBURSEMENT A. 9-1 -1 Governmental Entity acknowledges that MP will 'Incur costs in installing, testing, providing and maintaining Phase 1 and Phase II E9 -1 -1 Service to 9 -1 -1 Governmental Entity and, as mandated iby the FCC Order or state law, hereby agrees to reimburse WSP for reasonable costs incurr by WSP in accord::.nce with the provisions of Article III. 9-1-1 Governmental Entity represents and warrants bat a mechanism necessary for 9-1-1 Governmental Entity to reimburse MP for reasonable costs as provided in this Article III is already in place and complies with all federal, state and local laws and regulations. Attachment 3, Fee Schedule, sets forth the agreed upon payment plans hereunder for all reimbursable costs and amounts for Phase 1 and Phase 11 E9-1-1 Service. B. The MP shall keep records of its costs for providing 9 -1 -1 emergency telephone service. The MP shall permit inspection of these records by the Governmental Entity upon request and at the cost of the governmental entity, but no more frequently than once per year. WSP represents that Local Exchange Carrier "LEC" charges (such as charges associated with and related to E9 -1 -1 trunking interconnection) are included in its national pricing model. ARTICLE IV -TERM AND TERMINATION A. Term The term of this Agreement (the "Term") shall commence on the Effective Date hereof and continue (subject to appropriations and availability of encumbered funds) for so long as WSP is required to provide Phase I E9 -1 -1 Service and Phase II E9-1-1 Service in the 9 -1 -1 Governmental Entity's Jurisdiction in accordance with the FCC Order unless terminated as provided in Section IV.B hereof or elsewhere in the Agreement B. Modificati a. Upon sixty days written notice to 9 -1 -1 Governmental Entity, if there is a change in law, rule or regulation where, as a result of such change, the obligations of or the restrictions upon WSP in providing Phase I or Phase 11 E9 -141 Service are sig ificantlr reduced, eliminated or changed. Modification(s) made . � to make this pursuant to this subsection shall be limited to those necessary Agreement consistent with the reduced, eliminated or changed obligations of MP resulting from the change in law, rule or regulation; or b. Upon sixty days written notice to 9 -1 -1 Governmental Entity, if 1P should sell or otherwise dispose of all or a part of its interest in any of its Affiliates or their related WSP Wireless Sys em that will assist in WSP's provision of Service in the 9 -1 -1 Gvernmental rItit Jurisdiction. Upon such an event, this Agreement may be modified only as appropriate to reflect such purchase, sale or disposition. 2. Either WSP or 9 -14 Governmental Entity may terminate this Agreement upon a material breach of this Agreement by the other Party, which breach remains uncured for sixty (60) days after written notice of the breach by the non - breaching Party. y 3. This Agreement s all terminate immediately, upon mutual agreement of the Parties set forth in writing and executed by both Parties. ARTICLE V—CONFIDENTIAL TIAL. I I F MATIO A. The Parties hereby agree to abide by the confidentiality provisions set forth in applicable Texas law, especially as provided for in Texas Health and Safety Code §771.061 and 771.0711. To the extent permitted by law, the 9 -1 -1 Governmental Entity shall keep confidential information provided by WSP and identified as proprietary or confidential. Upon receiving a request for any WSP confidential information, the 9-1-1 Governmental Entity shall request an Attorne y General Open Records Decision pursuant to the Texas Open Records Act, Ch. 552, Tex. Gov. Code [Texas Public Information Act, Tex, Gov't Code Ann. § 552.001 et seq. (Vernon 1994 and Vernon Supp. 1997)] as amended, and shall notify MP concurrently with its request for the Attorney General Open Records Decision. The 9 -14 Governmental Entity shall not release any information identified by WSP as confidential until the Attorney General issues an Attorney General Open Records Decision resolving the request for such information or a final judicial decision is made. ARTICLE VII—LIMITATION OF WARRANTIES AND UA IL.IT f A. Limitation of Warranties NOTWITHSTANDING ANY OTTER PROVISION OF THIS AGREEMENT, THE PARTIES AGREE THAT NO PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR ANY SERVICE (OR GOOD) PROVIDED UNDER THIS AGREEMENT. 1ENT. I SP PROVIDES A SERVICE UNDER THIS AGREEMENT AND NOT "G0005" AS DEFINED IN THE UNIFORM COMMERCIAL CODE, as adopted in Texas. B. No Assumption of Liability IN ADDITION TO THE LIMITATIONS OF LIABiUTY DESCRIBED ELSEWHERE E IN THIS AGREEMENT, WSP ASSUMES NO LIABILITY FOR ANY ACT OR OMISSION OF 9-1-1 GOVERNMENTAL ENTITY, BY VIRTUE OF ENTERING INTO THIS AGREEMENT. -1-1 GOVERNMENTAL ENTITY ASSUMES NO UABILY FOR ANY ACT OR OMISSION OF WSP 13Y VIRTUE OF ENTERING INTO THIS AGREEMENT. C. Force laj ur Neither Party shall be liable for failure to perform pursuant to this Agreement if such performance is precluded by acts or events beyond the Party's reasonable, good faith control, including, but not limited to: labor difficulties, strikes or embargoes, governmental mandates, civil commotion, wars, power failures, fires, floods, water, ea 7 hquakes, volcanic activity, explosions and any other acts of God. D. No Consequential Damages Except as otherwise provided in this Agreement, each Party agrees that the other Party shall in no event be liable for, and each Party expressly waives its right to claim, any, special, collateral, punitive, incidental or consequential damages (including, but not limited to, lost profits) directly or indirectly arising out of or in connection with performance or nonperformance of the services to be provided under this Agreemen. ARTICLE I3II— INSURANCE A. MP shall maintain general liability insurance policies in an amount of not less than two million dollars ,000,000.00 aggregate per occurrence, and workers' compensation policies as required by state law. WSP may self-insure. Insurance requirements are attached as a separate exhibit, ARTICLE L.E I— DISPUTE RESOLUTION; J RI DID I; GOVERNING LAW A. This Agreement shall be governed by Texas law and all applicable FCC rules and orders. The Parties hereby agree to work in good faith with each other to resolve any disagreements and negotiations prior to 9-1-1 Governmental Entity or WSP taking any formal action. Should formal action be required, the parties shall first use an alternative dispute resolution procedure conducted by a mutually agreed upon third party. If the alternative dispute resolution procedure does not resolve the dispute, then the parties may use an administrative proceeding if authorized by statute, including non - binding arbitration, or a judicial proceeding. Venue for any action or claim arising out of this Agreement shall be in ie un 'ca. ARTICLE X--MISCELLANEOUS PROVISIONS A. Compliance with Law The Parties shall at all times comply in all material respects with all laws, rules, and regulations applicable to the performance of this Agreement, including, but not limited to FCC rules and orders and Texas law and rules. B. Agency Neither Party is authorized to act as an agent for, or legal representative of, the other Party, nor has authority to assume or create any obligation on behalf of, in the name of, or that shall be binding upon, the other Party. C. Notifications Notices and requests required by and given in connection with this Agreement shall be in l � .. and deemed given as of the day they are received by (a) hand delivery, (b) overnight writing a g delivery service, in the United States mails postage prepaid, certified and return receipt . a co sent by overnight delivery or by reguested, or cor��rnned fasrrr��l (conflrmefWith p mail), and addressed as follows: To WP: Sprint Communications Company L.P. Attention: 911 Contracts 6330 Sprint Parkway Overland Park, KS 66251 Facsimile Number 913- 762 -0117 with a copy to: Sprint Communications Company L.P. Attn: Legal /Telecom Managemeq and Privacy 6391 Sprint Parkway Mali Stop 1 OPHTOIOI -22060 Overland Park, KS 66251 Y f To 9 -1 -1 Governmental Entity: Corpus Christi Police Department Attention: Cheryl A. Daubs, 9 -1 -1 Program Manager 321 John Sartain Corpus Christi, Texas 78401 (361) 886 -2653 (v) (361) 887 -6012 (1) or to such other address as the Party to receive the notice or request designates by written notice to the other Party. D. Assignment The Parties to this Agreement may not assign any of their rights nor delegate any of their g obligations under this Agreement without the prior written consent of the other Party (which consent shall not be unreasonably withheld), except that 9-14 Governmental Entity may assign this Agreement to a successor Governmental Entity and except that MP may assign its rights or delegate its duties under this Agreement to any of its Affiliates, to the surviving entity in a merger or consolidation or a purchaser urchaser of substantially all of the assets of the business to which this Agreement relates without 9-1-1 Governmental Entity's written consent; however, under such � assignment by WSP, WSP shall notify the 9-1-1 Governmental Entity of the assignment prior to the of the assignment, within 15 days prior if practical. All the terms and provisions of effective date g � this Agreement will be binding upon and inure to the benefit of and be enforceable b y the Parties and their respective permitted successors and assigns. E. Entire Agreement; Amendment This Agreement, together with all Attachments, shall constitute the entire agreement between the Parties and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, between the Parties with respect to the installation and P rovision of Phase 1 and Phase 11 E94-1 Service. Except as otherwise provided herein, this Agreement may not be modified or amended other than by a written instrument executed by both Parties. F. Severability if any rovision of this Agreement is held invalid, illegal or unenforceable in any jurisdiction, for an reason then, to the full extent permitted by law, a all other provisions hereof • - jurisdiction and will be liberally construed in order to �r�l! rerr�a�n �n full force and effect �r� such carry out the intent of the Parties as nearly as may be possible, (b) such i validity, illegality or unenforceability will not affect the validity, legality or enforc ability of any other provision hereof, and an y nd court or arbitrator having jurisdiction thereover will have the power to reform such provision to the extent necessary for such provision to be enforceable under applicable t. G. Headings The headings of the clauses in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agrm H. No Third Party Beneficiaries The provisions of this Agreement are for the benefit df the Parties and not for any other person, including, but not limited to, Wireless End Users. Nothing express or implied in this P • Agreement shall provide any person not a Party hereto with any remedy, claim, liability, g p reimbursement, claim of action, or other right in excess of those existing without reference hereto. 1. Waiver Failure of any Party to enforce any provision of this Agreement shall not be construed as a waiver of that P rovision or the right to enforce it or any other provision. No waiver, either express or implied, by any party with regard to any breach of any term, condition or obligation of this p � � P � Agreement shall be construed as a waiver of any subsequent breach of that or any other term, condition or obligation of this Agreement. 3. Survival An y liabilities or obligations of a Party for acts or omissions prior to the cancellation or termination of this Agreement, any obligation of a Party under the provisions regarding confidential information, and any other provisions of this Agreement which, by their tens, are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination thereof. K. Joint Work Product This g reement is the joint work product of the Parties and has been negotiated by the Parties and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against either Party. L. Intellectual Property/No License of Name Any intellectual P roperty which originates from or is developed or owned by a Party shall in exclusive ownership of that Party. Unless the Parties otherwise agree in writing, no remain � the excls � license in patent, copyright, trademark or trade secret, or other proprietary or intellectual property , caned . controlled or licensable by Party, is granted to the other Party or presently or hereafter o shall be implied or arise by estoppel. This Agreement shalt also not constitute a license to the other party trade or common name. Neither Party shall have the fight to use the other Party's trade or common Warne or trademarks (including, but not limited to, any logos) in any way whatsoever without the prior written consent of the other Party. M. Counterparts This Agreement and any related documents and any amendments hereto or th reto may be executed in counterparts, each of which shall be deemed an origin l but all of whic-fishall constitute one and the same instrument. The Parties hereto agree to accept facsimile signatures • this Agreement and/or the related agreements, provided that original to. evidence the execution t Agreement is signatures will. be sent immediately by overnight courier or hand delivery. This g sign executed in duplicate originals and is effective on 2007. City of Corpus Christi By: Printed Name: Title: Date: Sprint Nextel By :. Printed Name: ' Ralph Smith Tide: Date: Manager 4 ID1 i ATTACHMENT 1 PHASE MI E9-1-1 WIRELESS SERVICE WORK PLAN Phase I /Phase 11 E9-1-1 Wireless Service Work Plan A. The Phase Phase II E9 -1 -1 Wireless Service Work Plan must contain the following elements: 1. Responsibilities of WSP shall be WP's responsibility, in cooperation with 944 Governmental Entity and It s third parties (including, but not limited to, Vendor, 9 -1 1 Network Provider, Host ALI necessary t p and vider, SCP software developers and hardware providers, and other suppliers fro � manufacturers), to implement and provide Phase I /Phase II E94-1 Service to 9-1-1 Governmental Entity in the agreed upon manner within the Phase 1 /Phase 11 E9-1-1 Service Areas. This shall include the following. a. participating in network design; P. causing its network elements (such as the MSC and related data link and trunks) to be installed; ` maintaining provisioning these network elements; c. operating, r�na�r�ta�nir�g and p 9 d. facilitating or participating in the development of an implementation plan which will establish target dates for actions necessary for installation and activation of Phase I/Phase II E9 -1 -1 Service; e. acquiring necessary software and equipment; f. helping to form routing decisions; g. providing reasonable resource material for routing decisions; h, entering into necessary interconnection agreements for interconnecting the MSC to Selective Routers and, if necessary, for interconnecting the SCP; i. working with 9 -1 -1 Governmental Entity and, if necessary, Vendor to establish internal performance measures, including, but not limited to, statistics for call volumes, traffic studies, call set-up times, error resolutions and other critical measurements; working with 9-1-1 Governmental Entity in the assignments of ERDsESis and associated Ai.I database records k, providing information for the assignments of ESRDs and associated ALI P database records prior to the turn up of additional Phase I/Phase II call site(s); 1. p artici p atin , when necessary, in the adds, changes and deletions of �n but not limited to database records in appropriate databases, including, A.I Host database and Selective Router. nn. In accordance with the FCC Order and this Agreement, WSP shall continue to provide and maintain Phase I E9 -1 -1 Service and Phase II J. E9-1-1 Service within the 9 -1 -1 Governmental Entity's Jurisdiction. 2. Responsibilities of -1 -1 Governmental Entity It shall be 9 -1 -1 Governmental Entity's responsibility to work with MP and, where necessary, with third parties (including, but not limited to, Vendor, 9 -1 -1 Provider LE , Host AU Provider SCP software developers and hardware providers, and other suppliers and manufacturers) for the successful implementation and provision of Phase I /Phase II E9 -1 -1 Service. This shall include the following: a. providing 9 -1 -1 Governmental Entity Jurisdiction map boundaries, providing call routing data, forming and implementing data i management processes of jurisdiction routing changes; b. f participating in the development of an implementation plan which will establish target dates for actions necessary for installation and Activation of Phase I /Phase II E9 -1 -1 Service; c. providing and verifying needed data about each PSAP's existing infrastructure and any other information necessary for successful installation, maintenance and provision of Phase I /Phase II E941 -1 Service identifying appropriate ESN Routing Codes, when necessary; d. informing third -party vendors, such as Computer Aided Dispatch (CAD) providers, of data to be delivered with 9 -1 -1 calls for coordination with PSAP premise -based systems; e. augmenting the trunks, when necessary, as agreed upon by parties, between a selective router and any PSAP; f. ensuring that all PSAP premises equipment is equipped to receive Phase i /Phase II voice and data services; g. informing WSP of any 9 -1 -1 Governmental Entity system changes that may affect Phase I /Phase II 9 -1 -1 Service; h. providing data format information to PSAPs in connection with Phase I /Phase II E9 -1 -1 Service; i, supporting all testing/verification activities to be undertaken by WSP, or Vendor or third party, if applicable, in relation to this Agreement; participating in the creation of a trouble reporting mechanism and associated trouble resolution process; 3. Responsibilities of Third Parties The Parties acknowledge that successful and timely provision of Phase I /Phase II E9 -1 -1 Service may be dependent on the timely performance of third parties, including, but not limited to, actions that must be completed by a vendor, the 9 -1 -1 Network Provider, and the Host ALI Provider, SCP software developers and hardware providers, and various other suppliers and manufacturers. This acknowledgment, however, does not relieve either party of its obligation and responsibility to comply with FCC rules and orders and Texas law or rules, including the obligation and responsibility to negotiate an appropriate agreement with such a Vendor or third party to ensure appropriate compliance with FCC rules and orders and Texas law or rules. 4. Delivery of Data Elements MP shall deliver the data elements necessary for Phase I /Phase 11 service through one of three different technological solutions. The solution shall be agreed upon by both parties. The parties shall choose one of the following options: a. I UP signaling: WSP. will deliver the twenty digits of information necessary for completion of Phase 1 services by sending 557 signaling message in ISUP format to the LE 9 -14 selective router (Hybrid). b. Feature Group 0: WSP will deliver the twenty digits of information necessary for completion of Phase I services to the LEC 911 selective router in the standard format required (CAS). c. Signal Control Point: WSP will, through a third party, route all necessary information directly to the 9-14 Governmental Entity's All database through an h independent # naI control point (NCAS). When this option is p agreed to by the Parties because WSP can or will only provide an NCAS responsible for presenting the data in such a way solution, WSP shall be po p that it wilt display at the PSAP the MON in the telephone number field and the Cell Site /Section Information in the pilot number field. For Purposes of this Agreement, MP and -1 -1 Governmental Entity agree to option l f ATTACHMENT CONTACT LIST Service Contact&Lig and #141 Governmental Entity will exchange a contact and escalation list to include name, milling address, fax telephone hone nur b r and a 24x7 contact number. An updated contact list _ should be p rovidd within a reasonable time following a change in this information. 9-1-1 v rnm ntai Entity 24X7X36 Cal( Corpus Christi Police Department Dispatch 24x7x365 at (361) 886 -2600. Billijm_Contact Cheryl A. Daubs MetroCom Supervisor /911 Program Corpus Christi Police Department 321 J hn Sartain Corp Christi, Texas 78401 (361),886-2653 (v) (361) 887 -6012 (f) Database and operations Conti SBC Southwest Resolution Center 1 -866- 722 -3911 1616 Guadalupe, Room 208 Austin. Tx 78701 Lydia Curiel Interim MetroCom Director 321 John Sartain Corpus Christi, Tx 78401 (361) 886 -2805 Management Con ac Lydia Curiel Interim MetroCom Director 321 John Sartain Corpus Christi, Tx 78401 (361) 886 -2805 Cheryl A. Daubs MetroCom Supervisor /911 Program Corpus Christi Police Department 321 John Sartain Corpus Christi, Texas 78401 (361)886 -2653 (361) 887 -6012 (f) Iirel r f Provider 4 X_365 Corporate Security: Life or Death Emergency for Law Enforcement Hotline Number: 866 -398 -3284 or, for network facility outagqs and maintenance: Network Oirat ions Control Center Hotline Number: 888 -859 -1400 option 2,7 r 866- 744 -3911 Billing Contact Peg Clattenburg Sprint Nextel Cost Recovery 6330 Sprint P away Overland Park KS 66251 (913) 762 - 5 PegiliclattenburctOsprint.com Database and_ertiflriact Rusty Griffin Manager 911 6330 Sprint Parkway Overland Park, KS 66251 (913) 762 -4491 y.g ri ffi n© pr i nt..... Man Contact Rusty Griffin Manager 911 6330 Sprint Parkway Overland Park, KS 66251 (913) 762 -4491 Rusty.griffin@swint.com ATTACHMENT FEE SCHEDULE FEE SCHEDULE The parties agree that should Governmental Entity decide to require that WSP change its Phase II data platform to g3+ or any other system, WSP will male the change in its data platform at no additional cost to 911 Governmental Entity. The following have been determined to be recoverable costs. This fee schedule sets forth the services, the applicable charges and payment procedures. A. Identification of Costs. 1. Monthly Recurring Costs I _ . 9 -1 -1 Governmental Entity acknowledges that WSP may incur various on -going costs related to the provision of Phase 1 and Phase II E9 -14 Service (the "Monthly Recurring Costs" or "MRCs") including, but not limited to, costs associated with those services provided by Vendor to MP, updating information in the various databases, adding new cell sites or modifying existing Cell Sites, processing such cell Site information, adding information related to new WSP Subscribers, adiding any new PAP routing information, monitoring and implementing P 1) ase 1 and Phase I1 E9 -14 Service and other foreseen costs that may arise. B. Fees. 1. Monthly Recurring Fee. 9 - -1 Governmental Entity agrees to reimburse WSP quarterly for reasonable MRCs in the form of a "Monthly Recurring Fee ". Parties agree that the MRC Fee will be calculated as follows: a. The MRC Fee will be an amount equal to the "MRC Cost Per WSP Subscriber" times the number of WSP Subscribers, as calculated in good faith by MP, that exist in that 9 -1 -1 Governmental Entity's jurisdiction. The number of WSP Subscribers shall be calculated quarterly by the WSP and the MRC Fee adjusted accordingly. b. The MRC Fee will be an amount equal to the "MRC Cost Per ESRD" times the number of ESRDs routed to PSAPs in 9 -1 -1 Governmental Entity's jurisdiction. For purposes of this agreement, WV and 9 -1 -1 Governmental Entity agree to option "a" at $.0.14 per subscriber effective through June 30, 2007 and $0.09 per subscriber effective July 1, 2007 and thereafter. If WSP agrees to a lower MRC rate with any other governmental entity in Texas, then the MRC rate under this Agreement shall be reduced to the same lower rate. 9 -1 -1 Governmental Entity shall pay the MRC charges within thirty days of receipt of the quarterly billing. C. Settlement Payment for Past Invoices 1. 9 -14 Governmental Entity acknowledges that WSP has incurred costs in installing, testing, providing, implementing and maintaining Phase 9 -4 -1 Service and Phase II E9 -1 -1 Service in the 944 Governmental Entity's Jurisdiction from 1, 2002, the date in which the Governmental Entity separated from the Costal Bend Council of Governments, through arch 31, 200 7. In order to resolve any further differences between the Parties and avoid litigation regarding t4 amount to be paid by 94 -1 Governmental Entity to WSP for the installation, testing, provision, implementation and maintenance of Phase I E9 -1-1 Service and Phase 1 E9 -1 -1 Service during the period of Iviay 01, 20W, through March 31, 2007. The 9 -1 -1 Governmental Entity hereby agrees to pay MP as follows: Three separate payments totaling thre hundred ninety -five thousand dollars and no cents ($395,000.00 and will be payable in following amounts on the following datesi The payments shall be due from 9 -14 Governmental Entity to MP on: $37,000 payable by December 31, 2007 $145,000 payable by December 31, 2007 $137,000 payable by March 31, 2008 $76,000 payablelby August 31, 2008 94 -1 Governmental Enti shall pay the charges within thirty days of receipt of the billing. , D. Release by WSP I. In return for 9 -1 -1 Governmental Entity's performance of its payment obligations as outlined in Attachment 3, Fee Schedule C.1 under this Agreement, MP, on behalf of itself and any and all of its agents, servants, employees, heirs, successors and assigns, subsidiaries, parents or Affiliates, (individually or collectively, the "Releasing Parties") that might in any manner have any claim for reimbursement of implementation costs arising out of the installation, testing, provision, implementation or maintenance of Phase I E9 -1 Service and Phase II P -1 E94-1 service by WSP to 9 #11 Governmental Entity during the period May 9.1, Ma through March 31, 2002 hereby unconditionally and irrevocably compromise, settle, remise, acquit and fully and forever release and discharge 9 -1 -1 Governmental Entity (including its agents, servants, employees, heirs, successors and assigns) from and against any and all past, existing, or future liquidated and/or un- liquidated claims, demands, rights, damages, remedies (legal, equitable or otherwise), obligations, liabilities, actions, causes, costs or expenses of any kind and every character or nature, whatsoever, related to reimbursement of costs for the installation, testing, provision, implementation or maintenance by the Releasing Parties of Phase 1 E9 -1 -1 Service and Phase 11 E9-I-1 Service to 94 -1 Governmental Entity during the period from MALO.,, until audi 31.,_2(131, whether arising under statutory or common law or in equity. 2. The Releasing Parties covenant not to sue or otherwise assert any claim against 9 -1 -1 Governmental Entity on any of the Released Claims, except to enforce any payment obligations of 9 -1 -1 Governmental Entity under this Agreement. 3. The Releasing Parties warrant and represent that the Released Claims have not been assigned. The Releasing Parties, except as provided in Section immediately above, will indemnify, defend and hold harmless 94 -1 Governmental Entity from every claim, demand, cause of action, expense, liability, remedy, damage, cost and attorneys' fee and expense which may hereafter be sought by any person or entity asserting such claim by assignment from the Releasing Parties, wiU respect to the Released Claims. i ATTACHMENT STANDARDS Standards This attachment lists the required database, interface and technical standards. Wireless Standards Reference Wireless Issue Standard Source CAS ) -Std 34 TIA Cali Associated Sig alin • NENA 03-002 NENA Website NCAS 3 -Std 34 Non -Call path Associated Signaling - Hybrid CAS/NCAS Data Standards NENA 02-001 (incorporates all previous versions TIA NENA Website NINA Website Exceptions to CAS or NCAS None. Parties need to Provide description of re- i.e. A determine solutions direct or other exceptions as a ' • ro • riat P TR 45.E in • r. • ress) TIA r r E•ual Access AD + ACSEC Rule ATTACHMENT 5 INSURANCE REQUIREMENTS WIRELESS SERVICE WV 'S (WSP) LIA XLM' INSURANCE A. WSP must not commence work under this agreement until all incur ce required herein has been obtained and such insurance has been approved by the City. WSP r lust not allow any subcontractor to commence Work until all similar insurance required of any subcontractor has been obtained. B. WSP must furnish to the City's Risk Manager two copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) licensed to do business in the State of Texas with a Best rating of no less than A - :VII. The City mu t be named as an additional insured for the General Liability and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notic of decrease of coverage limits, non- renewal, termination or cancellation is required on all certificates Bodily Injury and Property Damage per occurrence aggregate i COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability S. Independent Contractors 6. Personal Irj`u $2,000,000 COMBINED SINGLE LIM ..._�. WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS ACT AND PARAGRAPH 2 OF THIS EXHIBIT $500 00 — -- C. In the event of accidents of any kind, WSP must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. D. ADpITlONAL REQUIREMENTS 1, WSP must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage must be provided in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant wilt be promptly met. 2. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. insurance company uses the standard A form, the cancellation If your rnsura�nce cor�np y clause (bottom right) must be amended by adding the wording "changed or" "endeavor o .# , and between "be" and "canceled", and deleting the deleting the wording after "left ". must be listed under "Description of operations" �, the name of te project • -day written notice of decrease of coverage limits, b. At minimum, a � non- renewal tern ination or cancellation to the Risk Manager is requ lied. • Insurance does not show on its face the existence of c. If the Certificate of �nsu the coverage required by items B. (1)-(6), an authorized representative resertat`ve of the insu rance company must include a letter specifically stating whether items B. (1)-(6) are included or excluded. 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 12. 2008 AGENDA ITEM: Item A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT AN AMENDED GRANT FOR $99,876 FROM THE DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS. Item B: ORDINANCE APPROPRIATING AN AMENDED GRANT FOR $99,876 FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS, AND DECLARING AN EMERGENCY. ISSUE The Department of State Health Services (DSHS) has awarded a grant in the amount of $250,351 to maintain the laboratory beginning September 1, 2007, through July 31, 2008, as a Level B laboratory. The first portion of these funds in the amount of 1 50,475 was approved by Council on August 2 1,2007. This amendment is for the second portion of the funds in the amount of $99,876. This grant will fund the salary for two (2) technical positions and the purchase of equipment to support the testing and teaching functions required in the grant as well as continuing to enable the lab to test food for possible agents of bioterrorism and to support the Environmental Health division with outbreaks of food -borne illness. REQUIRED IRE COUNCIL ACTION: Acceptance of the amendment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved and appropriated funding for $150,475 through August 31, 2008. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the amendment an appropriate funding for $99,876 to maintain a Level B laboratory. Annet e Rodriguez, Director of Health BACKGROUND INFORMATION BACKGROUND: This item continues our current contract with the DSHS to maintain our lab as a Level B Laboratory. This will enable the lab to test food for possible agents of bioterrorism as well as enabling the lab to support the Environmental Health division with outbreaks of food -borne illness. The contract period is from 911107- 7/31/08, and funds are being awarded to cover personnel, fringe benefits, travel, equipment, supplies, and additional funds to update equipment. This contract requires no matching funds. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT AN AMENDED GRANT FOR $99,876 FROM THE DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City manager or designee to accept an amended grant for $99,876 from the Department of State Health Services for personnel costs and other expenses relating to a plan for responding to act of terrorism and to execute all related documents. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 18, 2008 Benjamin V. Lugg Assistant City Attorney for the City Attorney Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING AN AMENDED GRANT FOR $99,876 FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Appropriating an amended grant for $99,876 from the Department of State Health Services in the No. 1066 Health Grants fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. SECTION 2. Upon the written request of the Mayor or five council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 18, 2008 1 A AA A► .r enj. in V. Lu Assistant City A orn for the City Attorney Corpus Christi, Texas Henry Garrett Mayor day of�_ - - -- 12008 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: lAtver therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 7 AGENDA MEMORANDUM City Council Action Date: Fcbrp12:_p_98 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER AGER EAR DESIGNEE TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $106,537 TO PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $106,537 IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $1 06,537 to provide funding for the elimination and control of tuberculosis. The contract provides the Health District with financial assistance for expenses to support services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract period is from January 1, 2008 through December 31, 2008. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FYO7. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: N: l e mmend City Council to accept the grant and appropriate funding for tuberculosis program. . A. 4 - Annette Rodriguez, P. Acting Director of Public Health BACKGROUND INFORMATION This item renews our current contract with the Department of State Health services (DSHS) to provide services to prevent, treat, and control tuberculosis. DSHS has provided grant funding to support the Health Districts' Tuberculosis (TB) Program for many years. During the calendar year, the TB Program serviced approximately 10,500 patients. The contract period is from 1/1/08 - 12/31/08, and funds are being awarded to support staff salaries and benefits for TB Program services. The contract does not require matching funds. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $106,537 TO PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant from the Texas Department of State Health Services in the amount of $'106,537 to provide for the elimination and control of tuberculosis and to execute all related documents. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 9, 2008 Assistant City Attorney for the City Attorney Henry Garrett Mayor Corpus Christi, Texas , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike H u mell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cu on AN ORDINANCE APPROPRIATING IATING A GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $106,537 IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE IDE FOR THE ELIMINATION AND CONTROL OL of TUBERCULOSIS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant from the Texas Department of State Health Services in the amount of $106,537 is appropriated in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 9, 2008 U Benja in V. Lugg Assistant City Attorney for the City Attorney Fenr Garrett Mayor Corpus Christi, Texas day of ___ , 2008 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: liwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully: Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Mare Nelda Martinez Michael McCutchon DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2008 - 025275 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI -SCEs COUTTYPUBLIC HEALTH DISTRICT T C1r(Contractor), a QgymmtEntity (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total. Amount of the Conti` a ct and Payment Methods . The total amount of this Contract is $106 537.00 and the payment method(s) shall be as specified in the Program Attachments. 3. Funding bii ati n; This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the p ro nations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate fundin g under this Contract. 4. Term of the Contract. This Contract begins on 01/01/2008 and ends on 12131/2008. DSHS has the option, in its sole discretion, to renew the Contract as provided i 7. c r t icting_ Tern . In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. layer. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Matte: CITY OF CORPUS CHRISTI Address: PO 130X 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: Signature of Authorized Official Date Bob Bumette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET By: Signature Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (5i2) 458 -7470 Telephone Number Bob.Bumette@dshs.state.tx.us E -mail Address for Official Correspondence 92648 -1 FISCAL YEAR 2008 PERFORMANCE CONTRACT GENERAL PROVISIONS (Core/Subrecipient) TABLE OF CONTENTS ARTICLE I COMPLIANCE AND REPORTING 1 1.01 Compliance with Statutes and Rules 1 102 Compliance with Requirements of Solicitation Document 103 Reporting 1 1.04 Client Eligibility • 1 1.05 Applicable Contracts Law and Venue for Disputes 1 1.06 Applicable Laws and Regulations Regarding Funding Sources 2 1.07 Statutes and Standards of General Applicability 2 1.08 General Provisions Applicable to Interagency & Interloc ►l Contracts 4 ARTICLE II SERVICES 2.01 Education to Persons in Residential Facilities 2.02 Disaster Services 5 2.03 Consent to Medical Care 5 2.04 Telemedicine Medical Services 2.05 Fees for Professional Health Services 2.06 Cost Effective Purchasing of Medications ARTICLE III FUNDING 6 3.01 Debt to State and Corporate Status 3.02 Application of Payment Due 7 3.03 Use of Funds 7 3.04 Use for Match Prohibited 3.05 Program Income 3.06 Nonsupplanthig ARTICLE IV PAYMENT METHODS AND RESTRICTIONS 4.01 Payment Methods 4.02 Billing Submissio n 4.03 Final Billing Submission 4.04 Working Capital Advance 4.05 Financial Status Reports (FSRs) 4.06 Third Party Payors 9 ARTICLE V TERMS AND CONDITIONS OF PAYMENT 9 5.01 Prompt Payment 9 5.02 Withholding Payments 5.03 Condition Precedent to Requesting Payment 5.04 Acceptance as Payment In Full ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 1 10 6.01 Independent Audit 10 6.02 Allowable Costs 10 6.03 Submission of Audit 11 ARTICLE CONFIDENTIALITY 2 7.01 Maintenance of Confidentiality 12 7.02 Use of PHI 12 7.03 Disclosure to Department 12 7.04 Department Access to Pill 12 7.05 Exchange of Client - Identifying Information 12 7.06 Security of Patient or Client Records 13 7.07 HIV/AIDS Model Workplace Guide lines 13 ARTICLE VIII RECORDS RETENTION 8.01 Retention 13 13 ARTICLE IX ACCESS AND INSPECTION 14 9.01 Access 14 9.02 State Auditor's office 14 9.03 Responding to Deficiencies 14 ARTICLE X NOTICE REQUIREMENTS 15 10.01 Child Abuse Reporting Requirement uirement 13 10.02 Significant Incidents 15 10.03 Litigation 15 10.04 Action Against Contractor 15 10.05 Insolvency 16 10.06 Misuse of Funds 16 10.07 Criminal Activity and Disciplinary Action 16 10.08 Retaliation Prohibited 16 10.09 Documentation 16 ARTICLE XI ASSURANCES AND CERTIFICATIONS 16 11.01 Certification 16 11.02 Child Support Delinquencies 17 11.03 Authorization 17 11.04 Gifts and Benefits Prohibited 17 11.05 Ineligibility to Receive the Contract 18 11.06 Antitrust 18 11.07 Initiation and Completion of Work 18 ARTICLE XII GEN. BUS. OPERATIONS OF CONTRACTOR 18 12.01 Board Training 18 12.02 Duty of Compliance 18 General Provisions (Core Su reci Tent 2008) Table of Contents 6/12/2007 2 12.03 Management and Control Systems 19 12.04 Insurance and Bonding 19 12.05 Fidelity Bond 19 12.06 Liability Coverage 20 12.07 Overtime Compensation 20 12.08 Program Site 20 12.09 Cost Allocation Plan 20 12.10 Reporting for Unfit Rate and Fee for Service Contracts 21 12.11 Historically Underutilized Businesses (�UBs) 21 12.12 u Y Texas 21 12.13 Contracts with Subrecipient Subcontractors ' 21 12.14 Status of Subcontractors 22 12.15 Incorporation of Terms 22 12.16 Independent Contractor 22 12.17 Authority to Bind 22 12.18 Tax Liability 22 12.191 Notice of Organizational Change 23 12 .20 Quality Management 23 12.21 Equipment and Controlled Assets Purchases 23 12.22 Supplies 23 12.23 Changes to Equipment List 23 12.24 Property Inventory and Protection of Assets 24 12.25 Bankruptcy 24 12.16 Title to Property 24 12.27 Property Acquisitions 24 12.28 Disposition of Property 24 12.29 Closeout of Equipment 25 12.30 Assets as Collateral Prohibited 25 ARTICLE XIII GENERAL TERMS 25. 13.01 Assignment 25 13.02 Lobbying 25 13.03 Conflict of Interest 25 13.04 Transactions Between Related Panties 25 13.05 Intellectual Property 25 13.06 Other Intangible Property 27 13.07 Severability and Ambiguity 28 13.08 Legal Notice 28 13.09 Successors 28 13.10 Ileadhms 28 13.11 Parties 28 13.12 Survivability of Terms 28 13.13 Direct Operation 28 13.14 Customer Service Information 28 13.15 Amendment 28 13.16. Contractor's Notification of Change to Certain Contract Provisions 29 General Provisions (Core Subrecipient 2008) Table of Co ate is 6/12/2007 13.17 Contractor's Request for Revision of Certain Contract Provisions 29 13.18 Immunity Not Waived 30 13.19 Hold Harmless 30 13 .20 Waiver 30 13.21 Contracting with Executive Head of State Agency 30 13.22 Technology Accessibility 31 ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON -COMPLIANCE 31 14.01 Actions Constituting Breach of Contract 31 14.02 General Remedies and Sanctions 32 14.03 Notice of Remedies or Sanctions 34 14.04 Emergency Action 35 ARTICLE XV CLAIMS AGAINST THE DEPARTI ENT 35 15.01 Breach of Contract Claim 35 15.02 Notice 35 15.03 Sole Remedy 36 15.04 Condition Precedent to Suit 36 15.05 Performance Not Suspended 36 ARTICLE XVI TERMINATION 36 16.01 Expiration of Contract or Program Attachment(s) 36 16.02 Effect of Termination 36 16.03 Acts Not Constituting Termination 36 16.04 Termination Without Cause 37 16.05 Termination For Cause 37 16.06 Notice of Termination 39 ARTICLE XVII VOID, SUSPENDED AND TERMINATED CONTRACTS 39 17.01 Void Contracts 39 17.02 Effect of Void, Suspended or Involuntarily Terminated Contract 39 17.03 Appeals Rights 39 ARTICLE III CLOSEOUT AND CONTRACT RECONCILIATION 39 18.01 Cessation of Services at Closeout 39 18.02 Administrative Offset 40 18.03 Deadline for Closeout 40 18.04 Payment of Refunds 40 18.05 Disallowances and Adjustments 40 18.06 Contract Reconciliation 40 General Provisions (Core Subrecipient 2008) Table of Contents 6/1 212007 4 Fiscal Year 2008 Performance Contract General Provisions (Core/Subrecipient) ARTICLE 1 COMPLIANCE AND REPORTING Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with the requirements set forth i Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements appli subjects involved in research; h) Hatch Political Activity Act, 5 U.S.C.A. §§ 1501-1508 and 7321-26, which limits the political activity of employees whose employment is funded with federal funds; i) Fai Acquisition Policies Act of 1970 (Pi. 91-646), relating to fai Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder. 3) certifies that it has the authority to enter into this Contract granted in Health and Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. (c) The following addi relating to consent to treatment of a child by a non - parent or child or pursuant to other state law. If requirements of federal law relating to consent directly confli including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current i substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE IV PAYMENT METHODS AND RESTRICTIONS. Section 4.01 Payment Methods. Except as otherwise provided by the Special Provisions of this Contract, the payment method for each program shall be one of the following methods: (a) cost rei end of the applicable term. Section 4.06 Third Party Payors. A third party payor i advance payments from Department. Section 5.04 Acceptance as Payment in Full. Except as permitted i UGMS, OMB Circular A -I 02, and applicable Federal awarding agency common rule OMB Circular A-110 and applicable Federal awarding agency common rule UGMS; OMB Circular A-110 and applicable Federal awarding agency common rule UGMS and applicable Federal awarding agency common rule J Applicable Entity State, Local and Tribal Governments Educational Institutions Ton- Profit Organizations For-profit Organization other than a hospital and an organization named in OMB Circular A-122 as not subject to that circular. Applicable Cost Principles OMB Circular A -87 OMB Circular A -21 OMB Circular A -122 48 C.F.R. Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding aerc Audit Requirements OMB Circular A-133 and UGMS OlviB Circular A-133 - and UGMS OMB Circular A-133 and UGMS Program audit conducted by an i P.O. Box 85200 Austin, Texas 78708 -5200 ARTICLE VII CONFIDENTIALITY. Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the perfomiance of this Contract, including patient and client records that contain protected health information (PHI), and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state law and Rules, includi 164 or other applicable law. Section 7.06 Security of Patient or Client Records. Contractor must maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon temination of this Contract or a Program Attachment to this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another enti Contractor ceases business or from the termination date of the Contract, whichever is sooner. Contractor shall provide the name and address of the party responsible for storage of records to the Di General Provisions. ARTICLE X NOTICE REQUIREMENTS. Section 1 0.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: HI STD; Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and WIC Nutrition Services. Contractor shall make a good faith effort to comply with child abuse reporting guidelines and requirements in TEX. Fievi. CODE ch. 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors Provi Section 10.05 Insolvency. Contractor shall notify in writhig the Division Contract Management Unit assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (T WC) C within three working days of the date of deterinination that Contractor is insolvent, incapacitated, or the date Contractor discovered an uripaid obligation to the. IRS or TC. Contractor shall notify in writing the Division Contract Management Unit assigned to the Program Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by the Contractor's board of directors. Section 10.06 mouse of Funds. Contractor shall report to the Division Contract Management Unit assi ed . to the Program Attachment and to the State Auditor's Office (SAO), any knowledge of debarment,. suspected fraud, program abuse, ssible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies and procedures related to performance under this Contract. Contractor shall make such report no later than three (3) working days from the date that the Contractor has knowledge or reason to believe such activity has taken place. Contractor shall make the report to the SAO at (800) TX- AUDIT, or.by Internet at htV://wvvw.sao.state.tc.us. .sao.state.tx.us. Section 10.07 Criminal Activity and Disciplinary Action. Contractor shall notify in writing the Division Contract Management Unit assigned to the Program Attachment if it has reason to beli a) it is not ineligible for participation in federal or state assistance programs; b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency; c) it has not knowingly failed to pay a single substantial debt or a number of outstandi trip, favor, service or anything of monetary value o a DSHS or HHSC official or employee in connection with this Contract. Section 11.05 Ineligibility to Receive the Contract. Pursuant to TEX. Go 'T. CODE Section § 2155.004 and federal law, Contractor is ineligible to receive this Contract if the Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement(s) of work or Solicitation Document on which this Contract i 501(cX3) organizations as defined i monies and property received by virtue of his/her position or employment. Section 12.06 Liability Coverage. Contractor shall also maintain liability insurance coverage, referred to in TEX. Gov' T. CODE § 2261.102, as "director and officer li Section 12.10 Reporting for Unit Rate and Fee For Service Contracts, Contractor shall submit reports concerning unit rate and fee -for- service contracts to the Department in accordance with the requirements stated in the Department's Contractor's Financial Procedures Manual located at • 12,WwwvgAshs.state.4.1,1si,contractq. section 12.11 Historically Underutilized Businesses . If Contractor was not required to submit a HUB subcontracting plan and if subcontracti g) A copy of these General Provisions and a copy of the Statement of Work and any Special Provisions in the Program Attachment(s) applicable to the subcontract. Contractor is responsi termination under this section, the Department will not enter into a Contract with Contractor for three (3) years from the date of termination. Section 12.19 Notice of Organizational Change. Contractor shall submit written notice to the Division Contract Management Unit assigned to the Program Attachment within ten business days of any change to the following: Contractor's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. A change in Contractor's name requires an amendment to the Contract in accordance with the Amendments section of these General Provisions. Section 12.20 Quality Management. Contractor shall comply with quality management requirements as directed by the Deparment. Section 12.21 Equipment and Controlled Assets Purchases. Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more. Contractor must inventory equipment, and controlled assets, which i Section 12 24 Property Inventory and Protection of Assets. Contractor shall maintain a nonexpendable personal property (equipment and controlled assets) inventory and submit an annual cumulative report to the Department's Contract Oversight and Support Section, Mail Code 1326, 1100 W. St., Austin, Texas 78756, no later than October 15t of each year. The form for this report (Form GC- 11) is located on the DSHS website at littp://vinsvw.dslis.statestx.usicontractsifonns.shin. Contractor shall administer a program of maintenance, repair, and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provi Section 12i9 Closeout of Equipment. At the end of the tern of a Program Attachment that has no additional renewals or that will not be renewed (Closeout), Contractor shall submit to the Divisions Contract Management Unit assigned to the Program Attachment, an inventory of property purchased with Department funds and request disposition histructions for such property. All property purchased with Department funds shall be secured by the Contractor at the time of Closeout and shall be returned to the Department as required by the Department's disposition instmctions or at the request of the Department at the Contractor's expense. Section 12.30 Assets as Collateral Prohibited. Contractors on a cost rei Section 13.03. Conflict of Interest. Contractor represents to the Department that it does not have nor shall it knowingly acquire any financial or other interest that would conflict in any manner with the performance of its obligations under thi Contractor must give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract (c) If federal funds are used to finance activi Section 13.07 Sever ability and Ambiguity. if any provision of this Contract is construed to be illegal or i Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the Division Contract Management Unit assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment tern, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS shall not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this Section; and DSHS may not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Section. Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to the Contract without a written amendment or the Department's prior approval: 1) Contractor's contact person and contact information. 2) Contact information for key personnel, as stated in the application. 3) Cumulative budget line item transfers that exceed 10% among direct cost categories other than the equipment category, of cost reimbursement contract Program Attachments pf less_ than $1.0 WO provided that the total budget amount is unchanged. 4) Minor corrections or clarifications to the Contract language that in no way alter the Contract scope of work, objectives or performance measures. 5) A change in the Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten days shall notify in writing the Division Contract Management Unit assigned to the Program Attachment of any change enumerated in this section. The notification may be by letter,- fax or email. Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. The following changes to the Contract may be made through a Contractor's Revision Request, rather than through the amendment process: 1) Cumulative budget line item transfers among direct cost categories other than the equipment category that exceed 10% of cost reimbursement contract Program Attachments of $100,000 or more, provided that the total budget amount is unchanged. 2) Line item transfer of funds for direct payment of training allowances for any cost reimbursement contract. 3) Change in clinic hours or location. 4) Change in equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget, (Ex. purchase of XYZ brand computer General Provisions (Core Subrecipient 2008) 6/12/2007 29 instead of approved ABC brand computer with essentially identical features as the xYz computer). 5) Changes . in the equipment category of a previously approved equipment budget (other than acquisition of additional equipment, which requires an amendment to the Contract). 6) Changes specified in applicable cost principles u requiring prior approval, regardless of dollar threshold. 7) Changes to communi (a) Name of Executive; 0') Name of State Agency; (c) Date of Separation from State Agency, i a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, roles or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the Department or agreed order issued by the Department; e) failure by Contractor to provide a full accounting of funds expended y p under this Contract - discovery of a material misrepresentation in any aspect of Contractor's response to the Solicitation Document; g) any misrepresentation in the assurances and certifications in the Contractor's application or response to the Solicitation Document or in this Cori; or h) Contractor is on or is added to the Excludod Parties List System {LS. Section 14.02 General Remedies and Sanctions. The D partment will monitor Contractor for both programmatic and financial compli a) terminate the Contract or a Program Attachment of the Contract as it relates to a speci i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and bar it from participating in future contracting opportunities with the State of Texas; j) delay contract execution with Contractor while other imposed or proposed sanctions are pending resolution; k) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive monitori the written response shall state how Contractor shall correct the noncompliance or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's decision. If required by the Department Contractor shall take corrective action. Section 14.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: a) Contractor is noncompliant and the noncompliance has a direct adverse impact on the public or client health, welfare or safety. The direct adverse impact may be programmatic or financial and may include failing to provide services, providing inadequate servi Section 15.03 Sole Remedy. The contested case process provided in Chapter 2260, subchapter C, Texas Government Code, is Contractor's sole and exclusive process for se l ing a remedy for any and all alleged breaches of contract by DSHS if the parties are unable to resolve their disputes under this Article. Section 15.04 Condition Precedent to snit. Compliance with the contested case process provided in Cha ter 2260, subchapter C, Texas Government Code, is a p Chapter precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies edi competing or noncompeti (e) determines that Contractor, its agent or another representative offered or ave a gratuity (g. g., entertainment or gift) to an official or employee of DSHS or HHSC for the purpose of obtaining a contract or favorable treatment; Department determines that the Contract includes financial participation by a person who received compensati (h) Contractor's management system does not meet the UGMS management standards. Section 1 6.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any veri this Article. Section 18.02 Administrative . Offset. The Department shall have the right to administratively offset amounts owed by Contractor against billings. ' Deadline for Closeout. Contractor shall submit all financial, Section � .� adla performance, and other 'Closeout reports required under the Contract within sixty calendar days after the Contract or Program Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within sixty calendar days after the Contract or Program Attachment end date. Section 18.04 ment of Refunds. Any funds paid to the Contractor in excess of the amount to which the Contractor is finally determined to be entitled under the terms of the Contract constitute a debt to the Department and will result in a refund due. Contractor shall p a y any refund amount due within the time period established by the Department. Section 1 8.05 Disallowances and Adjustments. The Closeout of the Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or the Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. Section 18.06 Contract Reconciliation. If Contractor is required to annually. ti ear contracts, Contractor, within 60 calendar days after the end of reconcile n�ul � each year of the Contract, shall submit to the Division Contract Management Unit assigned to the Program Attachment all financial and reconciliation reports required by Department in forms as determined by Department. Required reconciliation forms and reports may include the following: Cash Match Participation Form, In- kind Match Participation ation Form, Program Income Report, Equipment Inventory, Controlled Items Inventory, Contractor's Release Agreement, and Reconciliation Refund Remittance Form. Any additional forms or reports required by Department shall be posted on the DSHS website prior to the reconciliation period. Unless otherwise directed by Department, all forms and reports must be submitted in hard copies, with original signatures if required, to DSHS by the due date. General Provisions (Core Su recipient 2008) 12/2007 40 CONTRACT NO. 2008-025275 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000334682 CONTRACTOR: CORPUS CH IST I- UECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: TB - PREVENTION N AND CONTROL TER/ I.o 1 /0 1/2008 THRU: 12/31/2008 SECTION I. STATEMENT OF WORK: Throughout the Contractor's defined service area of Nueces, the Contractor shall develop and provide: (1) basic services and associated activities for tuberculosis (TB) prevention and control; and (2) expanded outreach services to individuals of identified special populations who have TB or who are at high risk of developing TB. Contractor shall provide the services outlined above in compliance with the following (as revised): • DSHS Standards of Performance for the Prevention and Control of Tuberculosis, available at h • :I wmv.dshs.state.tx.us i dcu diseaseltbl s nbllcations default.as . . • DSHS Standards for Public Health Clinic Services, available at • American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB available at ww .cdc. ovinchst i bt i ubs mmwrhtum l Ima' uide,htm• • Diagnostic Standards and Classification of Tuberculosis in Adults and Children, (American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 13'76 -1- 395, 2000); • Treatment of Tuberculosis, ATS /CDCIIDSA , 2003 available at http://www.cdc.govithipubsimmwriMaLguideidefault.htm; • Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol, 49, No. RR -6, 2000; • Updated: Adverse Event Data and Revised American Thoracic Society /CDC Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosi • Communicable Disease Prevention and Control Act, Texas Health and Safety Code, Chapter 81; • Screening and Treatment for Tuberculosis in Jails and Other Correctional Faci Patient Services Forms (TB-400) diagnosis, medication changes, x-rays, and bacteriology) and case closures shall be sent to DSHS at PO Box 14937, Mail Code 1939, Austin, Texas 78714-9347. Contractor shall send an initial report to DSHS of contacts on all Class 3 TB cases and sm ear' positive Class 5 TB suspects within thirty (30) days of identificati l 1. At least 85% of immigrants and refugees with a Class Bi notification to the Contractor's service area durin g 2006 that are diagnosed with TB disease will complete treatment; 12. At least 56% of immigrants and refugees with a Class B2 notification**** to the Contractor's service area duri SECTION V. BIT J.ING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B43) and acceptable supporting documentation for reimbursement of the required services deliverables. Vouchers and supporting documentation should be mailed or submitted bar fax or electronic mail to the addresses /number below. Claims Processing Unit, MC1940 Department of State Health Services 1 100 West 49th Street PO Box 149347 Austin, TX 78714 --9347 The fax number for submitting State of Texas Purchase Voucher (Form -1 to the Claims Processing Unit is (512) 458-7442. The email address is invoices@dshs.state.tx.us. SECTION VII. BUDGET SOURCE OF FUNDS: CFDA 93.116 SECTION Vffl. SPECIAL PROVISIONS: General Provisions, are revised to include the following: General Provisions, FUNDING Article, is revised to include the following: Funding from this renewal Program Attachment shall not be used to supplant i.e., used in place of funds dedicated, appropriated or expended for activities funded through this renewal Program Attachment) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintai General Provisions, PAYMENT METHODS S AND RESTRICTIONS Article, Billing Submission Section, is hereby revised to add: Quarterly Financial Status Reports (Form 269A) from Contractor shall be provided to DSHS in the format provided by the DSHS. These reports shall be mailed to Department of State Health Services, Attention: Accounting Section, Claims Processing Unit, Mail Code 1940, 1100 West 49th Street, PO Box 149347, Austin, Texas 78714 -9347. One 1 copy of each quatterly financial status report shall be mailed to the Department of State Health Services, Attention: Infectious Disease Intervention and Control Branch, Mail Code 1939, PO Box 149347, Austin, Texas 78714 -9347. These reports shall be submitted on a quarterly basis as follows: PERIOD COVERED DUE DATE Janu i , Febru : , March, Aril 31, 2008 April, Mar, June, July 31, 2008 Jul , Au lust, Se . to nber, : October 31, 2008 October, November, December, February 28, 2009 PROGRAM ATTAR T — Page FRINGE BENEFITS $34;501.00 4M1 t{*v- TOTAL DIRECT CHARGES 3 }3LTd NREa��i S }i7._ " .'•ippi-06'` .a5.L`''r. ..'r ;.x, er CONTRACTOR SHARE Total reimbursements will not exceed $106,537.00 .0 • ice, 4 ` Financial status reports are due: 04/30/2008, 07/30/2008, 10/30/2008, 02/27/2809 Exhibit A Contract No. 2008 — 025275 - 001 Corpus Christi- Nueces County Public Health Department Infectious Disease Intervention and Control Branch, TB /PC- FEDERAL Contract Work Plan — Final September 28, 2007 1. Summarize the proposed services, service area, population to be served, location (counties to be served), etc. List subcontractors you will work with in your area. Also, address if and how you will serve Individuals from counties outside your stated service area. The service area for Corpus Christi- Nueces County Tuberculosis Elimination program covers approximately 836 miles of land and 331 square miles. of water bounded by the GuIf of Mexico to the east, San Patricio County to the north, Jim Wells County to the west, Kleberg County to the south, and approximately 150 miles from the Mexican border. The projected population for this area in 2006 was 326,193. Figures for 2007 are not available at this time. The ethnicity is divided as follows: 197, 448 Hispanic, 108,297 Anglo, 13,518 Black, and 6,930 categorized as "other". Information published in the "Community Needs Public Health Survey" in 2001 addressed a 51 % female population and a 49% male population in Nueces County. The Corpus Christi- Nueces County Tuberculosis Elimination Program provides basic services for Tuberculosis control and prevention in Corpus Christi and Nueces County. Services are provided in compliance with the Corpus Christi- Nueces County Tuberculosis Elimination Clinic's Protocols, Texas Department of Health Tuberculosis Eliminations Division Standards of Performance, American Thoracic Society, and Center for Disease Control (ATS /CDC) Joint Statements. The Corpus Christi- Nueces County Tuberculosis Elimination Program identified 34 countable new cases of tuberculosis between January 1, 2006 and December 31, 2006 and 9 new TB cases have been identified to date in 2007. The case rate, based on the 34 countable cases for 2006 was 10.4 per 100,000. An increase of 3.3 cases per 100,000 was noted in 2006 for that time frame. Corpus Christi- Nueces County Tuberculosis Elimination Program had six (6) full -time employees thru December 15, 2006 before Mary Ann Valverde -Gomez transferred to the STD Clinic. All TB staff is dedicated and persistent in working to meet CCTBC program objectives. We are committed to DOT/DOPT including seven (7) days a week when the Medical Consultant orders daily medication. The Federal Grant supported 100% of the salary for Barbara Cavazos, R.N., and two (2) outreach workers, Mary Ann Valverde- Gomez, the High Risk Populations Coordinator, and Gabriel Duran, C.S.A., outreach for DOT/DOPT. CCTBC has hired a temporary worker until a replacement can be found. Clinical and outreach services target identification of Tuberculosis (TB) cases /suspects and contacts as well as the evaluation of those individuals seeking to immigrate to this country with B, and B2 waivers. Outreach services 1 target those individuals in correctional facilities, homeless shelters, and drug treatment centers in addition to identifying homeless living on streets with active tuberculosis and those individuals with Latent Tuberculosis Infection (LTBI) and or HIV/AIDS at high risk of developing active tuberculosis. Corpus ChristhNueces County Tuberculosis Elimination Program (CCNCTBEP) serves the Corpus Christi Nueces County area. The populations served are jail inmates and halfway houses for those released from jail but not yet ready to go into the community, the homeless on the streets and those in shelters, foster children, dialysis patients, nursing home patients, clients of the abused women's shelter, individuals with suppressed immune systems and sexually transmitted diseases, the foreign born applying for citizenship, clients of drug and alcohol treatment centers, high risk maternity, and health care workers. CCNCTBEP works closely with the neighboring counties, hospitals, Iocal physicians, and the state TB nurse to provide DOT, x-ray services, medications, monitoring, and transportation to the Texas Center for Infectious Diseases for the surrounding counties when requested. 2. Describe delivery systems, workforce (attach organizational chart), policies, support systems (I.e., training, research, technical assistance, information, financial and administrative systems) and other Infrastructure available to achieve service delivery and potIcymaking activities. What resources do you have to perform the proJect, who will deliver services and how will they be delivered? The City of Corpus Christi provides the office space, utilities, administrative support, and computer maintenance for the Internet based programs, TWICES and PICS, utilized by CCNCTBEP. The general fund grant in 2006-2007 was decreased and funded only two (2) administrative assistants. CCNCTBEP was funded for seven (7) employees, four in the general revenue grant and three (3) in the Federal Grant. The money specified for the full time LVN was not enough to hire for the position. The $21,000.00 available in the state grant, per the City of Corpus Christi Human Resources Department was not enough; $36,000.00 was the figure stated by the City of Corpus Christi Human Resources Department needed for the year for salary and fringes. The program manger and two (2) administrative assistants are currently funded in the general revenue grant. One RN and two (2) outreach workers are funded by the federal grant. The Corpus Christi- Nueces County Health Authority is the Medical Director for CCNCTBEP and is funded thru the program income. CCNCTBEP owns a van for delivery of directly observed therapy/directly observed preventive therapy (DOT /DOPY) throughout Corpus Christi - Nieces County. CCNCTBEP policies are based on DSHS Tuberculosis Elimination Division guidelines and standards of performance. CCNCTBEP has historically made up the shortfalls in the DSHS funding with program income over the last five (5) years to prevent interruption of services provided by the CCNCTBEP. DOT is delivered to TB suspects and cases seven (7) days a week by the CCNCEBEP staff. All CCNCTBEP staff is trained to deliver DOT/DOPT. 2 3. Determine the number of persons who received from the CONTRACTOR in 2008 at least one TB service including but not limited to tuberculin skin tests, chest radiographs, health care worker services, or treatment with one or more anti- tuberculoses medications. Begin collecting this Information no later than January 1, 2008. CCTBC will immediately separate out the information. Sign -in sheets and daily logs will facilitate recovery of this information. This information will be kept in a log format on a daily basis. 4. Describe how data is collected and tabulated, who will be responsible for data collection and reporting, and how often data collection activities will occur. Describe how you will conduct community surveillance, to Identify unreported cases of TB and individuals suspected of having TB lnfection. Describe how you will maintain a record of outbreaks, in your area, with a description of the outbreak and how It was managed. Data collection is an ongoing process for CCNCTBEP. Sign -in sheets are utilized daily for assessing a client's need by CCNCTBEP. PPDs are tabulated and categorized on a monthly basis according to why the service was needed; TB cases /suspects and DOT/DOPT are tabulated monthly and reviewed daily; latent TB infection clients are tabulated monthly. Data collection is an ongoing activity; the statistics are utilized to provide DSHS TB Elimination Program with Corpus Christi- Nueces County Morbidity and other necessary numbers for their reports to CDC and other agencies. Community surveillance is accomplished by maintaining excellent communication with all the local hospitals and local physicians, maintaining community screening programs in the hometess shelters, drug and alcohol treatment center, jails, halfway houses, private PPD clients, foster parents, and high risk maternity. CCNCTBEP visits private physician offices for consultations for their patients. We feel this is a more personal approach to keeping the physician informed about his /her patient and in providing him/her with the most recent literature on tuberculosis diagnosis, management and guidelines for reporting suspects and cases or a positive reactor. Should an outbreak of tuberculosis occur, DSHSTBED and Region 11 would be notified and consulted for guidance and assistance. A record would be developed for future tracking of the contacts. All TB suspects/cases and contacts would be evaluated, placed on DOT with the appropriate medication, and if they could not be maintained in the community, a request for hospitalization would be made. Those that would be noncompliant would be managed under court orders. When the outbreak would come under control, an incident report would be compiled with recommendations for any future outbreak and the information shared with DSHSTBED 5. Describe coordination with the other health and human services providers in the service area(s) and delineate how duplication of services is to be avoided. List other community programs you will be working with in your 3 jurisdiction (community based organizations, private providers, hospitals, and service organizations). CCNCTBP manages all reported tuberculosis suspects and cases in CCNC. CCNCTBP works closely with all community based organizations and often assists TB programs in other counties with the management of the TB suspects and cases. 6. Describe ability to provide services to culturally diverse populations (e.g., use of Interpreter services, language translation, compliance with ADA requirements, location, hours of service delivery, and other means to ensure accessibility for the defined population). CCNCTBP has two bilingual employees, Brenda Hinojosa and Gabriel Duran. Both speak. Spanish and Mr. Duran is able to translate English to Spanish and Spanish to English form chart forms and for client instructions. 7. Describe your strategy for the management of TB cases and suspects, with emphasis on provision of directly observed therapy (DOT). All Tuberculosis (TB) cases and suspects are placed on four (4) drug therapies given by DOT per the American Thoracic Society (ATS), Center for Disease Control (CDC) and infectious Diseases Society of America (IDSA) guidelines. Private physicians are provided current information related to T8 management to ensure the correct medication and DOT is ordered. If a private physician does not place a patient on four (4) drug therapy or DOT, a consultation is requested for that physician with Dr. Burgin, Dr. Barbara Seaworth, Dr. David Griffith, or Dr. Starke. CCNCTBEP does seven (7) days a week DOT in Nueces County. TB suspects and cases determined to be infectious by smear are placed on home isolation until they are no longer able to transmit disease. Control orders are utilized at the start of care to establish parameters and prevent the need for quarantine. Control orders are given in the patient's language or an interpreter may read the letter to the patient or the guardian of the patient. Court ordered management would be initiated for those that are non - compliant. Education is provided for TB cases and their families that covers TB disease vs. TB infection, INH side effects, importance of following all the instructions given, the schedule for follow up chest x -rays, having blood drawn, work -ups, sputum collection, and the phone number of the case manger. All TB cases are informed that if they need to talk to the TB Elimination Medical Consultant they can schedule an appointment on Tuesdays during x -ray clinic to speak to the consultant. Drug susceptibility is done on all initial specimens, and treatment is adjusted if drug resistance is identified. Sputum is collected three (3) consecutive da s every two weeks until the patient is smear negative then three consecutive day s monthly until the end of treatment. If the patient remains smear and culture positive on adequate doses of medication, then new susceptibilities are 4 requested. Drug levels are done on are as needed basis for those patients that continue to be smear and culture positive longer than the guidelines address. Those patients identified as drug resistant or with low drug levels require a consultation with a state paid consultant. A licensed physician certified in pulmonary diseases monitors TB cases. Human Immunodeficiency Virus (HIV) and syphilis counseling as well as testing are part of the admission tab. Toxicity assessment is done prior to each dose of medication. Liver profiles are drawn per DSHS Tuberculosis Elimination Division protocols throughout treatment. Visual acuity is done monthly while color vision and hearing screening is done based on the drugs the patient is prescribed. All this is recorded in the patient's record. TB cases and suspects are treated without consideration to the patient's ability to pay. 8. Describe your strategy for the management of contacts and positive reactors, with emphasis on directly observed preventive therapy (DOPT). Identify and examine all household, social, occupational and other close contacts to the suspected infectious TB suspects within seven (7) days of notification utilizing the concentric circle and send the preliminary 340 to Austin TB Elimination. All close household contacts to a smear positive TB suspect or TB case will have a chest x -ray regardless of their TB skin test result. The final TB 340/341 is to be forwarded to Austin TB Elimination within 90 days. All children with a negative chest x -ray that live in the house with a smear positive TB suspect or TB case are placed on Directly Observed Preventive Therapy on INH. Those with a positive PPD are continued for nine (9) months on INH and those that have a negative PPD at three months may discontinue INH if the PPD is negative and the TB case is no longer smear negative or no longer in the home. AI[ household contacts five (5) years and under are placed on DOPT. Older household contacts are placed on DOPT as resources allow. All patients on DOT /DOPY are assessed for drug toxicity prior to each dose of medication and must come into the clinic once a month for a workup that includes a drug toxicity check, age appropriate lab and a visual acuity. All positive reactors referred to CCTBC by private physicians are questioned as to who infected them. They are provided a chest x -ray or given a referral for a chest x -ray privately. The x -rays are read by Dr. Burgin and INH is ordered if the chest x -ray is normal. Positive reactors picking up medication monthly must have a drug toxicity check, and age appropriate lab with their monthly work -up. Treatment for Latent TB Infection is provided without cost to the patient. 9. Describe your infection control procedures. Ail CCNCTBEP staff received education related to personal respirators, when to wear the respirators, and how to maintain them. Each staff member has been fit tested. CCNCTBEP has two portable heap filter units that are used as needed in the patient exam rooms, x -rays or any other area of the clinic when needed. A mask is placed on anyone in the office that is coughing and the patient is immediately taken to an exam room with a heap filter and UV light. Sputum is collected an a negative pressure chamber. CCNCTBEP has seven (7) UV lights installed including in the clinic areas, the x -ray room, lobby, and hall over the clinic exit. Skin testing for TB staff is one every six (6) months. To date, the six (6) employees working in this program remain skin test negative and four have worked in the department more than ten (i0) years. 10. Describe plans to conduct targeted TB screening programs for high -risk populations. Ali CCNCTBEP staff has excellent working relationships with the homeless shelters, drug and alcohol treatment centers, jail, and other adult and juvenile correctional facilities. We work closely with the Coastal Bend Aids Foundation, the Valley Aids Clinic, high -risk maternity clinics, and the indigent health clinic at Christus Spohn Memorial Hospital. The primary DOT provider speaks and writes fluent Spanish. Information is provided to Austin TB Elimination Division through CCNCTBEP related to these targeted populations. 11. Describe your strategy to provide professions! education and training programs for new and current TB staff. Professional education consists of the education and training of new employees and the continuing education of TB staff. Training will be provided to all new employees within 60 days. Each new employee must receive 40 hours of TB education within the first 60 days of employment and 16 hours of training each year thereafter. This includes all staff involved in TB activities including physicians, nurses, investigators, outreach workers, medical records clerks, receptionists, and other support staff. The TB education will be utilized when possible to provide workshops with continuing hours of education being documented. CDC's "Self Study Modules on Tuberculosis" will be used in the initial training, and the test will be given at the completion of the modules. Initial and follow -up training will include the suggested reading materials identified in the TDH contract. A written plan will be developed for each new employee and addressed with the new staff member by the TB Program Manager on the first day the employee spent in the TB Clinic after City Orientation. A time frame will be established for completing the initial education phase and a time frame will be established for acquiring the 16 hours of TB education needed yearly. The assessment of need will be done by the employee and the program manger, and the plan will be written yearly before the annual evaluation and reviewed quarterly with the employee by the Program Manager. A copy will be placed in their personal record and they will retain a copy for themselves. Staff will be instructed where the Staff education Notebook is kept and that they are responsible for recording each educational event and notifying the Program Manager if a workshop is canceled and rescheduling is needed. A copy of TDH 6 Performance Standards for professional education will be given to each new employee at time of hire and to all other staff. A copy of TDH Performance Standards will be placed in the TB Education Notebook for reference. 12. Describe the internal program evaluation process utilized to monitor services, Identify staff that utilize them and who Is responsible for ensuring they are updated. The description shall include the following 1) role of a program evaluation committee; 2) medical director's involvement in the program evaluation activities; 3) activities utilized to identify trends of needed improvement and the frequency of those activities; 4) activities to ensure correction and follow -up to findings identified; 5) utilization and frequency of client satisfaction surveys; 6) system utilized to identify and monitor adverse outcomes; 7) process for identifying performance and outcome measures; and 8) process utilized to develop protocols and standing delegation orders. Role of a program evaluation committee 1. DSHS TB Elimination staff review the program approximately every three (3) years. We work to correct any problems they identified in the reviews. We have a QA Committee inside the Corpus Christi- Nueces County Public Health District that meets quarterly. The committee addresses problems identified by the members or other staff, possible solutions, and the innovative things being done in all the clinics. Problems addressed at the prior meeting are revisited to evaluate the solutions proposed. Medical director's involvement in the program evaluation activities 2. Dr. William W. Burgin, Jr., M. D., is the medical director for CCTBC (corpus Christi-Nueces County Tuberculosis Elimination Clinic). He or his associate write all orders for medications for preventive, TB cases, or suspects. He is involved in problem solving when patients are having difficulties s with medications to problem solving for the homeless. Dr. Burgin worked for several years at Texas Center for Infectious Diseases when he left the Army. We are very fortunate to have a physician as involved as Dr. Burgin is with our clinic. Activities utilized to identify trends of needed improvement and the frequency of those activities 3. CCTBC staff and PRN meet weekly to address any problems encountered with clients. Solutions are proposed and progress of lack of progress to the desired outcome is addressed at the next meeting. Utilization and frequency of client satisfaction surveys CCTBC uses client surveys to monitor our effectiveness at meeting client needs in a timely manner during office visits. The survey is provided in both English and Spanish twice a year. Over the coming months we will be looking at utilizing other languages based on our increasing diverse population. All staff is involved as we each provide multiple services. System utilized to identify and monitor adverse outcomes 5. Monitoring of lab, DOT, drug levels, and consultations form the TB experts. Process for Identifying performance and outcome measures 6. Ongoing monitoring each client. Problems, blems, wh ther they are medical, personal and financial, that arise with clients should be identified in a timely r identification manner. 111 assist with resolution with the problems if at all possible. TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REG IDIN LOBBYING CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND ATI AGREEMENTS TS The undersigned certifies, to the best of his or her knowledge and belief that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or wi 8 AGENDA MEMORANDUM Date: February 12, 2008 SUBJECT: Appropriation of funds for Parkdale Branch Library AGENDA ITEMS: A. Resoluti Page Two Library Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. Ordinance No. 026942 (August 29, 2006) appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library; amending the FY 2005 -2006 Capital adopted by Ordinance No. 026188 to increase appropriations by $4,492,87. Resolution No 027106 (January 16, 2007) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $1o1,000.00 to the City for improvements to the Parkdale Branch Library. Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund No, 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and the Bell Children's Library at the Central Library from the following sources: $101,000 from the Friends of Corpus Christi Public Librari Page Three Library Resolution No. 027435 (October 9, 2007) authorizing the City Manager or designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000.00 for improvements to the Parkdale Branch Library. Ordinance No 027436 (October 9, 2007) appropriating $29,138.86 into the Library CIP Fund No. 3210, Project No. 1 20095, for improvements to the Parkdale Branch Library from the following sources: $25,000.00 from the Friends of Corpus Christi Public Libraries; and $4,13&86 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by 29,1 38.86, and declaring an emergency. Resolution No. 027442 (October 9, 2007) authorizing the renaming of the Parkdale Branch Public Library to the "Anita & W. T. Neyland Public Library" as recommended by the Library Board upon completion of improvements to the facility and repealing Resolution No. 026129 which previously authorized the remaining of the Parkdale Branch Library to the "William T. Neyland Public Library." Motion No. 2007 -258 (October 9, 2007) authorizing the City Manger or his designee to execute a construction contract in the amount of $790,547 with Van Fleet Construction, of Kingsville, Texas for the Parkdale Library Renovation Project for the Base e Bid and Additive Alternate No. 1. Motion No. 2007 -255 (October 9, 2007) authorizing the City Manager or his designee to execute a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6 -foot high by 12 -foot wide mural, in the amount of $8,55 as part of the Percent for Art Program associated with the Parkdale Branch Library renovation project. Ordinance No. 027563 (January 29, 2008) appropriating $19,726.24 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $ 15,15 5.93 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $4,570.31 from royalties from oil, gas and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027352 to increase appropriations by $ 19,726.24; and declaring an emergency. RECOMMENDATION: Staff recommends approval. Herb Canales Director of Libraries A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A GIFT AGREEMENT WITH THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES, IN THE AMOUNT OF $42,000.00, FOR CONSTRUCTION AND INSTALLATION OF A NEW BOOK -LIFE" SHAFT, BOOK- LIFT, AND MACHINE ROOM AT THE PARKDALE BRANCH LIBRARY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION I. The City Manager, or designee, is authorized to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $42,000.00 for construction and installation of a new book -lift shaft, book -left, and machine room at the Parkdale Branch Library. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: February I, 2008. Mary Ida . isch City Attorney Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Mi bael McCutchon GIFT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES PARKDALE BRANCH LIBRARY This agreement ("Agreement") is made by and between the City of Corpus Christi ("City"), a home —rule municipal corporation organized under the laws of the State of Texas, and the Friends of Corpus Christi Public Libraries ("Friends"), a 501 (c) (3) organization which solely exists to benefit the City's public libraries. For and in consideration of the covenants, undertakings, and consideration stated in this Agreement, the parties mutually agree as follows: (1) The City accepts a gift ("Gift") from the Frie nds in an amount not to exceed 42,000.00 which will be solely and exclusively for construction and installation of a new book -lift shaft, book -lift, and machine room at the Parkdale Branch Library, Additive Alternate number 2. (2) All interest that accrues on the Gift will be used solely for this project. Any portion of the Gift not disbursed by the City within two years from the date of this Agreement will be reimbursed to the Friends. This Agreement cannot be assigned, modified, or amended unless both parties mutually consent to the assignment, modification, or amendment. Additionally, any assignment, modification, or amendment must be made in writing and executed by representatives of each party. This Agreement will be interpreted in accordance with the laws of the State of Texas. Executed in duplicate, each of which shall be considered an original, on this the day of ,200. ATTEST: CITY OF CORPUS CHRISTI Armando Chaps City Secretary Approved as to form: t f 141 r Y .% eA Assn ant City Attorney for the City Attorney George K. Noe City Manager , 2008. FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES By: By: Kenneth L. Kellar, President Michael A. Howell, Treasurer Date AN ORDINANCE APPROPRIATING $42,000.00 INTO THE LIBRARY CIP FUND NO. 3210, PROJECT NO. 120095, FOR CONSTRUCTION AND INSTALLATION OF A NEW BOOK-LIFT SHAFT, BOOK-LIFT, AND MACHINE ROOM AT THE PAR ALE BRANCH LIBRARY FROM TH E FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES; CHANGING FY 2007-2008 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027352 TO INCREASE APPROPRIATIONS BY $42,000.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $42,000.00 is appropriated into the Library CIP Fund No. 3210, Project No. 120095, for construction and installation of a new book -lift shaft, book -lift, and machine room at the Parkdale Branch Library from the Friends of Corpus Christi Public Libraries. SECTION 2. That the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027352 is changed to increase appropriations by $42,000.00. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12th day of February, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS TO FORM: February 1, 2008 Mary Ka ischer City Att ey Corpus Christi, Texas day of _�. , 2008 TO THE MEMBERS OF THE CITY COUNCIL CIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you is introduced, end said Charter rule and pass this ordinance finally on the date it s ntroduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper _ .. Larry Elizondo, Sr. Mike Hummel Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez ..� Michael McCutchon 9 AGENDA MEMORANDUM City Council Action Date: February 12, 2008 SUBJECT: Parkdale Library Renovations — CHANGE ORDER NO. 1 (Project No. 4336) AGENDA ITEM Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Van Fleet Construction of Kingsville, Texas, in the amount of $42,000 for the Parkdale Library Renovations for the construction and installation of a new book -lift shaft, book -lift and machine room. ISSUE: On October 9, 2007, a construction contract was executed with Van Fleet Construction for the Parkdale Library Renovations for the Base Bid and Additive Alternate N. 1 . The Base Bid and Additive Alternate No. 1 provided for the construction of a new 2,000-square foot addition to the existing library, as well as general interior and exterior renovations and replacement of the exterior windows and storefront with impact- resistant windows, doors and frames. Additive Alternate No. 2 provided for construction of a new book -lift shaft and machine room and to provide and install the new book -lift. The contractor agreed to hold the bid prices for 60 days on Additive Alternate No. 2 in anticipation that additional donations would be acquired to fund that element of work. A donation has been secured for the cost of this element of work and a change order is now being submitted for approval. fUNDING: Funding is available from the Library CIP Fund. RECOMMENDATION: Staff recommends ends approval of the motion as presented. Herb Canales Kevin R. Stowers Director of Libraries Interim Director of Engineering v/k Additional Support Material: Exhibit "A" Background Information Exhibit "A-1" Prior Actions Exhibit "' Change Order Summary Exhibit "C" Location Map H:IHOME1RachelIel EMPublic Faciliti sl4 6- Parkdale Libraryl onstructionl O No. 11Agenda Memo.doc BACKGROUND INFORMATION SUBJECT: Parkdale Library Renovations — CHANGE ORDER NO. 1 (Project No. 4336) CHANGE ORDER NO. 1 DESCRIPTION: This Change Order will provide for the construction of a new book -lift shaft, book -lift (limited use - limited access elevator) and machine room as per Additive Alternate No. 2. The City's consultant, Dykema Architects Inc., applied for and received a variance from the Texas Department of Licensing and Regulation for the installation of the limited use - limited access elevator for the library. CHANGE ORDER NO. 1 BACKGROUND: This project was advertised in August 2007 and bids were received on September 5, 2007 with four bidders submitting a proposal. The project included the following elements: • Base Bid: Construction of a new 2,000 square foot addition to the existing library building as well as general interior and exterior renovations. • Additive Alternate No. 1: Replace exterior windows and storefront with impact- resistant windows, doors, and frames. • Additive Alternate No. 2: Construction of new book -lift shaft and machine room. Provide and install new book -lift. • Additive Alternate No. 3: Addition of new fire alarm system. Provide and install new full-coverage smoke detectors, pulls, and alarms. The low bid was submitted by Van Fleet Construction of Kingsville, Texas. On October 9, 2007, the City Council authorized the City Manager or his designee to execute a construction contract with Van Fleet Construction for the Base Bid and Additive Alternate No. 1. The contractor agreed to hold the bid prices for 60 days on Additive Alternate No. 2 in anticipation that additional donations would be acquired to fund that element of work. The funding has now been secured through a gift to the Library. When completed, this project and change order will provide a new 2,000 square foot expansion to the existing library in addition to renovations to the existing facility. The new 2,000 square foot expansion space is for a new children's Iibrary area on the first floor, complete with new furnishings and restroom. The specific interior renovations to the existing library include all new finishes (carpet, paint, ceilings, lighting), replacement of all restroom fixtures, and new upgraded FI AD. Exterior improvements to the existing library include landscaping, painting, ADA accessibility, and new emergency egress from the existing building second floor. The renovations, which were designed by Dykema Architects, Inc., were coordinated in the design process with the City Library Building Committee. PROJECT BACKGROUND: The Parkdale Branch Library is over 45 years old and is the busiest branch of the Corpus Christi Public Library System. In 2004, the City of Corpus Christi Library Department was notified that it was named as a beneficiary in the last Will H:U-IOME1 achellel EN\Public Faci1ities14 38- Parkdale LibraryConstructionC0 No. 11Agenda Background.doc and Testament of William T. Neyland. Upon the death of Mrs. William Neyland in October 200 4, the library was designated to receive a cash distribution and beneficial mineral interest in approximately 1 ,000 acres in Goliad County. Additional funding to the Parkdale Library Project includes contributions from the Friends of Corpus Christi Public Libraries, the Corpus Christi Public Library Foundation, and interest appropriations. Funds are being used to structurally and aesthetically improve the library and expand the current capabilities of the facility. Upon completion of the project, the Parkdale Branch Library will be renamed to the "Anita and W.T. Neyland Public Library" in appreciation of this generous donation. CONTRACT TERMS: If approved, Change Order No. 1 would add 60 calendar days to the contract for a total contract time of 255 calendar days. Construction is anticipated to be completed in August 2008. H:U-lOME1Rachelle1 EN1Public Faciiities14336- PerkdaIe Library‘Constnirtionke0 No. 11Agenda Background.doc PRIOR PROJECT ACTIONS SUBJECT: Parkdale Library Renovations (Project No. 4336) — CHANGE ORDER PRIOR COUNCIL ACTION: 1. November 2, 2004. Resolution pr sin official intent t reimburse costs of the 2004 on Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. December 14, 2004 — Resolution accepting a cash distribution from the William T. Neyland Estate (Resolution No. 026056). 4. ,January 25, 2005 — Ordinance appropriating up to $600000 from William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library (ordinance No. 026128). 8. January 2 , 2005 Resolution authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility (Resolution No. 026129) 6. Aril 25, 2006 — Resolution amending Resolution No. 026056 to authorize City Manager or his designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to library by the Last Will and Testament of William T. Neyland (Resolution No. 026752). 7. June _27, 2006 Resolution authorizing the City Manager, or his designee, to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with $55O00 for improvements to the Parkdale Branch Library (Resolution No. 026833). 8. Augpst 2, 2006 — Resolution authorizing the City manager, or his designee, to execute a GiftAgreementwith the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements Parkdale Branch Library (Resolution No. 026941). 9. August 29, 2006 — Ordinance appropriating $4,492.87 into the Library CIP Fund No. 3210 for improvements to the Park date Branch Library from; amending FY 2005-2006 Capital Budget adopted by ordinance No. 026188 to increase appropriations by $4,492.87; and declaring an emergency (Ordinance No. 026942) 10. December 19, 2006 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Dykema Architects Inc. from Corpus Christi, Texas in the amount of $86,856 for the Parkdale Library Renovations 2006 (Motion No. M2006-422). . 11. October 9, 2007 — Resolution authorizing the City Manager, or his designee, to execute a gift agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000 for improvements to the Parkdale Branch Library. (Resolution No. 027435) H:IHOMEIRechellel ENlPubljc Facilitles1W336- Parkdale LibraniConstructionICO No. 1lPrior Actions.doc 12. October 9,_2 -- Ordinance appropriating $29,138.86 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $25,000 from the Friends of Corpus Christi Public Libraries; and $4,1 38.86 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006-07 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $29,1 38.86. (Ordinance No. 027436) 13. Qctober2007 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $790,547 with Van Fleet Construction of Kingsville, Texas for the Parkdale Library Renovations Project for the Base Bid and Additive Alternate No. 1. (Motion No. 2007 -258) 14. October 9, 2007 Resolution authorizing the renaming of the Parkdale Branch Public Library to the "Anita & W.T. Neyland Public Library" as recommended by the Library Board, upon completion of improvements to the facility; and repealing Resolution No. 026129, which previously authorized the renaming of the Parkdale Branch Public Library to the "William T. Neyland Public Library." (Resolution No. 027442) 15. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) 16. January 29, 2008 - Ordinance appropriating $19,726.24 into the Library Capital Improvements Program (CIP) Fund No. 3219, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $15,'155.33 unappropriated interest earnings from the Library CIP Fund No. 3210 and $4,570.31 from royalties from oil, gas and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2 7 -2008 Capital Budget adopted by Ordinance No. 027352 to increase appropriations by $19,726.24. (Ordinance No. 027563) PRIOR ADMINISTRATIVE E ACTIO 1. August 26k2 - Distribution of Request For Qualifications (RFQ) No 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. M rch 25 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. Affil 18, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 4. Jul 2006 — Distribution of Letter of Notification (LON) No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects (Parkdale Library Renovations) to 19 architectural firms (19 local and 0 non - local). H:IHOME\Rachelle \ EN\Publie Faci1ities1433 ParkdaIe Library\ onstruction\ Q No. 11Prior Actions.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET FEBRUARY 19, 2008 PROJECT: P rkda!e Library Renovations vations (Project No. 4336) APPROVED: City Council on October 9, 2007 - Motion l` o. 2007 -258 CONTRACTOR: Van Fleet Construction 312 East Kleberg Kingsville, TX 78303 TOTAL CONTRACT AMOUNT .... $790,547.00 25% Limit Amount 197,636.75 Change Order No. 1 (2/19/08) 42,000.00 Total 42,000.00 = 5.31% < 25% csatractihneli95 Catendarnan Additional Contract Time: Change Order No. 1 Total To Cate; 255 H :IHOME\RateIIelGEN\Public Faci;Iities14336- Parkdale LUbraryl onstructionl O No. 1l hange Order Surnmaiy.doc CHANGE ORDER Department ent f Engineering Services City of Corpus Christi, Texas ClIANGE ORDER NO: 1 FUNDING SOURCE: Private donation Operating Dearts n n t: L i r r Name ofProject: Parkdale Library Renovations (Project No 4336 Contractor: David Van Fleet Inc. ba/Van Fleet Construction CHANGE Construction anew book -lift shall and machine room. Provide nn install new book- accordance with the Contract Documents dated 7/20/07 and described tinder Additive Alternate Bid Item 0. ADD 542,000.00 Total S42,000.00 Wier was this han a necessary? r y? Ifleft off the plans and specifications. explain why?) CONTRACT TIME (CD): 195 DATE: i!!i!rY 31, 2008 A private Donor contributed additional funds to the project p ifi all { to add this fe to r to the r t• . I -- - - - - . -.�� � �Igggqq��iitiYiYrI�YMqqq�I�P�q� How CHO similar changes he avoided in the future? Not A A. B. .. 1. E. G. 11; J. K. 'livable CONTRACT PRICE. TOTAL CHANGE ORDER (inc. current) NEW CONTRACT PRICE THIS CHANGE SIR PERCENT TOTAL CHANGE (IV A) PREVIOUS TIME AUTHORIZED ADDN'L CONTRACT TI 'MIS CHANGE ORDER L TOTAL ADDITIONAL TIME TOTAL CONTRACT TIME ORIGINAL COMPLETION DATE --- CURRENT COMPLETION D TE s 790.54 7,00 42.000,00 832.547.00 CITY OF CORPUS CHRISTI, TEXAS 4114* Director o E iginecnng Services APPROVED: 42,000.00 5.31% 195 ea 1ndder Sys AlMM� 0 calcnder days 255 abider days 255 al ndcr days 6/12/2008 8/11/2008 DEDUCT Operating Department Dir. of Management & Budget Legal Department Page I CONTRACTOR Title: ATM! r je nager M ro-ect\councilexhibits\exh4336.dwg ‘..\.. ROAD ce 5 1H 37 e' N PROJECT LOCATION PARKDALE BRANCH LIBRARY 1230 CARMEL PKWY CORPUS CHRISTI TX 78411 oc' cLc) F.M. 43 LOCATION MAP NT To SCALE PROJECT No. x.438 EXHIBIT 'C' PARKDALE LIBRARY RENOVATIONS (Change Order 1) (Change Nor 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PaGE: 1 of 1 — . — ... DATE: 01/31/2008 %�— 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/12/2008 AGENDA ITEM: a. Motion authorizing the City Manager or his designee to extend the agreement for Standard Maintenance with oracle Corporation of Redwood Shores, California in the amount of $319,75696 for twelve (12) months PeopleSoft software maintenance and support for Asset Management, Accounts Payable, Benefits Admin, Budgets, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time & Labor software are based on sole source. b. Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from Oracle Corporation of Redwood Shores, California for the PeopleSoft suite of products subject to annual appropriation of funds based on sole source. ISSUE: Oracle Corporation has subinitted Bence Renewal quotation #P-98-212-00-000-23, for Renewal Standard Software Maintenance and Support Fees pursuant to the terms of the License Agreement. Software must be maintained to allow for upgrades, improvements and to ensure that it is stays compatible with other systems. Support is for the period 03/25/2008 through 03/24/2009. Oracle Corporation is the sole provider ofthis licensing and technical support. According to Local Government Code 252.220, these are sole source procurement. BACKGROUND: On March 24, 1998, City Council authorized the purchase ofPeopleSoft Human Resources, Benefits Administration, Payroll, Time & Labor, General Ledger, Payables, Purchasing, Asset Management, Projects, Budgets, Inventory, and SQR including five years technical support. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: 01/16/2007 Council approved Renewals for Standard Maintenance for March 25, 2007 through March 24, 2008 02/07/2006 Council approved Renewals for Standard Maintenance for March 25, 2006 through March 24, 2007 02/22/2005 Council approved Renewals for Standard Maintenance for March 25, 2005 through March 24, 2006. 03/02/2004 Council approved Renewals for Standard Maintenance for March 25, 2004 through March 24, 2005. 03/04/2003 Council approved Renewals for Standard Maintenance for March 25, 2003 through March 24, 2004. FUNDING: The total cost of $319,756.96 will be funded from the MIS S Department current fiscal year operating budget. This purchase is within total project budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of motions as presented. ichael Armstrong, Director o MIS ORACLE' 1-Nov-07 Connie Bums City Of Corpus Christi MIS Dept. - 4th Floor PO Box 9277 CORPUS CHRISTI TX 78469 4277 Dear Connie Bums, The technical support services and benefits provided under service contract number P-98-212-00-000-23 will expire, or have expired, on - Mar -08. Please find attached an ordering document for the renewal of this service contract. If applicable, the attached ordering document may also include incremental technical support services newly acquired. In order to complete the attached ordering document and to ensure that there is n0 interruption to the technical support services and benefits provided under service contract number P-98-212-00-000-23, please accept the ordering document in accordance with the attached Acceptance Details on or before 24-Feb-08. If further information is required, please contact me at the e-mail address or telephone number provided below. Regards, Derek Bishop Oracle Support Servloes E-mail: mail: d re .bishop ora e.com Tel.. 1512-671-5163 Fax: 17194574291 Page 1 of 7 Service Contract Number. P-98-212-00-000-23 ORACLE" Ordering Document Order Date: 1-Nov-07 Service Contract #: P-98-212-00.000-23 Payment Terms: Billing Terms: Offer Expires: 30 NET from date of invoice Quarterly in Arrears in four approximately equal amounts 24-Feb-08 CUSTOMER: City Of Corpus Christi QUOTE TO Account Contact: Account Name: Address: Telephone: Fax: E�maril: Connie Bums City Of Corpus Christi MIS Dept. - 4th Floor Po Box 9277 CORPUS CHRISTI TX 78469 -9277 361 880 -3830 connieb Renewal Contact: Address: Telephone: Fax: E -mail: BILL TO Account Contact Account Name: Address: Telephone: Fax: cctexas.com E-mail: Oracle may provide certain information and notices about technical support verify and update the Quote To and Bill To information above to ensure notices are received from us. If changes are required, please e-mail or Derek Bishop at derel.bishoporacle.com or 1719 -757 -4291. Please number P-98-212-00-000-23 on such reply. Derek Bishop 9600 North MoPac Expressway Suite 700 Austin TX 78759 1512-671-5163 1719- 757 -4291 derekibishop©orade.com Finance /Accounts Payable City Of Corpus Christi City of Corpus Christi PO Box 9277 CORPUS CHRISTI TX 78469 -9277 via a -mail. Accordingly, please that such communications and fax the updated information to also include service contract Page 2 of 7 Service Contract Number P-98-212-00-000--23 Service Details Senrice Level: Software U . date License & Su # .. rt End Date: 44ar9 Product Description CSI # Qty License License Start Date Mac Level I Type PeopleSoft Enterprise Purchasing 14486794 315000000 VALUE 25-Mar-08 For Public Sector - Reported Revenues Perpetual PeopleSoft Enterprise Asset 14486794 315000000 VALUE Management For Public Se - Reported Revenues Perpetual PeopleSoft Enterprise Accounts 14486794 315000000 VALUE Payable For The Publi - Reported Revenues Perpetual PeopleSoft Enterprise Benefits 14486794 3500 VALUE Admin. For Public Sect Employee Count Perpetual PeopleSoft Enterprise General 14486794 315000000 VALUE Ledger For The Public - Reported Revenues Perpetual PeopleSoft Enterprise Time And 14486794 3500 VALUE Labor For Public Sect - Employee Count Perpetual PeopleSoft Enterprise Payroll For 14488794 3500 VALUE Public Sector - Employee Count Perpetual PeopleSoft Enterprise Budgets For 14486794 315000000 VALUE Public Sector - Reported Revenues Perpetual PeopleSoft Enterprise Human 14486794 3500 VALUE Resources For Public Sec - Employee Count Perpetual PeopleSoft Enterprise Inventory For 14486794 315000000 VALUE Public Sector - Reported Revenues Perpetual PeopleSoft Enterprise Project 14486794 315000000 VALUE Costing For Public Sec - Reported Revenues Perpetual Final Price 29,068.82 25-M 29,068,82 25-Ma r-08 29,068.82 25 -Mar -08 29,068.82 25 -Mar -08 29,068.82 25- Mar -08 29,068.78 25-M 29,068.82 25- Mar-08 29,068.82 25-M 29,068.82 25 -Mar -08 29,068.82 2541ar-08 29,068.81 Subtotal: USD 319,758.96 Total Amount: USD 319,756.96 plus applicable tax Notes: 1, If any of the fields listed above are blank, the program licenses were acquired under a separate license model in which such field(s) does not apply. 2. If a change to the Service Details provided above is required, please contact Derek Bishop at 1512 -671 -5163 or at derek.bishop@oracle.com and an updated ordering document will be provided Page 3 of 7 Service Contract Number P-98-212-00-000--23 to you in accordance with Oracle's technical support policies. Page 4 of 7 Service Contract Number: P-98-212-00-000-23 GENERAL TERMS "You" and "your" refers to the Customer provided above. The technical support services acquired under this ordering document are governed by the terms and conditions of the Acquired PSFT Agreement, and will be provided under Oracle's technical support policies in effect at the time the services are provided. Any updates and other materials provided or made available to you under technical support shall be subject to your license grant and use restrictions applicable to the programs being supported. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the technical support policies prior to entering into this ordering document. You may access the current version of the technical support policies, including Oracle's reinstatement policy, at I tip: /Iwwwaracle.comt upportlpoIicies.html. Customers who allow technical support to lapse and later wish to reactivate it will be subject to Oracle's reinstatement policy in effect at the time of reinstatement. Applicable reinstatement fees may apply in addition to the annual technical support fees. This ordering document is subject to Oracle's acceptance. An invoice, including applicable sales tax, GST, or VAT (collectively referred to as lax"), will only be issued upon receipt of acceptance. If your organization is tax exempt and is not a U.S. federal government entity, a copy of your tax exemption certificate and a letter of authorization must be included with your purchase order or other form of payment. Page 5 of 7 Service Contract Number: P-98-212-00-000-23 Acceptance Details Oracle normally processes orders after receipt of a purchase order or other acceptable form of payment such as a credit card for the total fees specified on the ordering document. Acceptance of the services ordered hereto should be sent to: Attn: Derek Bishop Oracle Support Services Fax: 1719-757.4291 E -mail: derek.bishop@oracle.com PURCHASE QRDERI CHECK CREDIT CARD I FIRMATION Purchase Order If the ordering document will be accepted by purchase order, the purchase order must include the following information: Service Contract #: P-98-212-00-000-23 Term of Service: 25-Mar-08 to 24-Mar-09 Local Tax, if applicable Agreement: Acquired PSFT Agreement The terms of Acquired PSFT Agreement and this ordering document shall supersede the terms of the purchase order or any other non-Oracle document, and no terms included in any such purchase order or other non - Oracle document shall apply to the services ordered. Please e-mail or fax the purchase order to Oracle per the Acceptance Details provided above. Check If the ordering document will be accepted by check, the check must include the following information: Service Contract #: P-98-212-00-000-23 Term of Service: 25-Mar-08 to 24- Mar-09 Local Tax, if applicable Please mail check payments to the following address: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle USA, Inc. PO Box 44471 San Francisco, CA 94144-4471 All other States: Oracle USA, Inc. PO Box 71028 Chicago, IL 60694 -1028 Page 6 of 7 Service Contract Number: P- 98- 212-00 -000--23 Credit Card If the ordering document will be accepted by credit card, please complete the section below and return it to Oracle per the Acceptance Details provided above. Service Contract #: P-98-212-00-000-23 Term of Service: 25-Mar-08 to 24-Mar-09 Agreement: Acquired PSFT Agreement Credit Card Number Expiration Date Billing Address (associated with Credit Card) City, State, and Zip (associated with Credit Card) Authorized Signature Name The credit card must be valid for the entire Term of Service above. Oracle will bill the credit card in accordance with the payment terms provided in the ordering document above. Page 7 of 7 Service Contract Number: P-98-212-00-000-23 11 AGENDA MEMORANDUM City Council Action Date: February 12, 2008 SUBJECT: Greenwood Pool Renovations — BOND ISSUE 2004 (Project No. 3340) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $149,862.61 for the Greenwood Pool Renovations. (BOND ISSUE 2004) ISSUE: The Greenwood Pool is 36 years old and in need of facility upgrades to improve the quality of life and services. The proposed project provides upgrades and ADA improvements to the office and bathrooms. Other work includes miscellaneous exterior improvements and a new outsid pavilion. These improvements bring the facility into ADA compliance and the new pavilion provides opportunities for family parties, etc. to increase the use of the recreation center and pool. This is a combined CDBG and Bond Issue 2004 project to maximize resources and project success. FUNDING: Funding for this project will come from the Capital Improvement Budget FY 2008 (Bond Issue 2004 and CDBG funds). !ECQMMENDATION Staff recommends mends approval of the motion as presented. S a y G i Director •f Parks and Recreation Additional Sup sort Material: Exhibit "A" Background Information Exhibit "A-1" Prior Actions Exhibit "B" Scope of Work and Costs Exhibit "C" Location Map H:\HOME1Rachelle1 EN1Parks & Recreation1 34O- Greenwood PooMgenda Memo_doc Kevin Stowers Interim Director of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Greenwood Pool Renovations — BOND ISSUE 2004 (Project No. 3340) PROJECT DESCRIPTION: The proposed project consists of several improvements to the Greenwood Pool Complex, including office and bathroom renovations, new outside pavilion with lighting and other miscellaneous exterior upgrades. The renovations and upgrades will improve ADA accessibility and quality of life and services. Office renovations include plumbing and electrical fixture replacement and creating an additional storage area. Bathroom renovations also include plumbing fixture replacement with new ADA shower stalls in the men's and women's restrooms, and a new storage area. The new pavilion consists of a 46 foot octagonal shaded structure with rights and concrete deck for parties, etc. Other exterior improvements include minor roof repairs and new gutters, pool deck repairs, and additional shaded areas for the concession and pool seating areas. The CG portion provides the ADA improvements for the men's and women's bathrooms. The Senior and Recreation Facilities Renovation (Bond 2004) project will fund the remaining improvements for this project. API work was coordinated and prioritized with facility directors and the Parks and Recreation Department. These community improvements will improve the usage of this complex to all city residents and help this pool become an aquatic center for all ages. Ron Foster with Roots and Foster Associates, Inc. held meetings with City Engineering and Parks & Recreation to determine a final scope of work for the Greenwood Pool Complex. These meetings addressed the most needed renovation, maintenance improvements and/or enhancements as well as provisions for persons with disabilities within budget constraints provided. CONSTRUCTION SCHEDULE: The project is to be completed within 75 days of notice to proceed. FROJET BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H:1HOMElRachelle \ EN Parks & Recreations 340- Greenwood PooMAgenda Background_doc EXHIBIT "A" Pae1of3 METHOD OF CONSTRUCTION: Job Order Contracting C is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost- effective and timely basis. The JOG Program utilizes an general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: • Allows a better defined scope with cost for the customer. • Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. • Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. • Change orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. On January 3, 200 7, the City of Corpus Christi issued an RFP (200 7-01) for JOC contractors. This enabled the City of Corpus Christi to more effectively target local contractors, including minority /minority business enterprises and HUB contractors. It also avoided the pass- through fees associated with the TCPN. Six contractors submitted proposals; ho wever, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2. Nuway International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 The first project to utilize the services of Alpha Building Corporation under the JOG format was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and CDBG- funded project which was approved by the City Council on April 10, 2007. As of ,January 2008, a combined total of 38 delivery orders (contracts) have been issued to Alpha Building Corporation and Nuway ay International totaling approximately $1,800,000. This Request for Proposals was competed for a three -year period to be renewed each year based on the successful performance of the contractors. To date the process has proven quite successful and staff anticipates continuing with the second year at its anniversary in April 2008. IEXHIBIT "A" Page 2 of H:IHOIVIE1Rachelle \ EN Parks 8 RecreaIion13340- Greenwood PooilAgenda Background_doc A similar contracting technique was approved by the City Council in September 2005 under the Texas Cooperative Partnering Network rk (TCPN). Fire Station No. 13 and Ki wanis Softball Field Improvements (both Bond 2004 projects) were successfully completed under the TCPN JOG. The TCPN utilized Centennial Contractor Enterprise, Inc. of San Antonio. H;IHOMEIRachelle1 EN\Parks & Recreation13340- Greenwood Poo[lAgenda Background.doc EXHIBIT "A" Page 3 of 3 \ PRIOR PROJECT ACTIONS SUBJECT: Greenwood Pool Renovations — BOND ISSUE 2004 (Project No. 33 40) Prior Project Actions have included: EIOR Co lCIL ACTION: - - - -- - - - -- 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9_2Q4 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. December ember 13_2005 — Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Roots /Foster Associates Architects in the amount of $150,385 for a total restated fee of $158,710 for the Senior and Recreation Facilities Renovation (Bond 2004). (Motion No. 2005-410) 4. December 1 , 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) PRIOR ADMINISTRATIVE ACTION: 1 , August 26, 2004 -- Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 22PQ5 -- Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non—local). a. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. August 30 2005 — Administrative approval of a Small Contract for Professional Services with Roots /Foster Associates Architects in the amount of $8,325 for the Senior and Recreation Facilities Renovation (Bond 2004). 5. January 2 — Distribution of Request for Qualifications (RFQ) No. 2007-01 Job Order Contracting. 6. January 29, 200 — Distribution of Addendum No. 1 to the Request for Qualifications (RFQ) No. 2007-01 Job Order Contracting. 7. July 28, 2007 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Roots /Foster Associates Architects in the amount of $0 for the Senior and Recreation Facilities Renovation (Bond 2004). H:1H MEIRacheirel EN Parks & Recreation13340• reenwood PooI Prior Actions.doc BUILDING CORPORATION i Choiev !at With., Riu;ti/ini & Concinictimi Nfi•. Anvel •scobit• . Director oll..ngincering Set.% ices Co Mr. Jerry Shoemaker P.}:_. of Corpus Christi Fnit.fineerinu Services 1201 Leopard Street Corpus ( hristi. 1 N 78401 January 7. 2008 We are pleased to present our proposal lor improN ements to the Green Wood Pool CompleN This proposal is based on the lltachei.1 Scope of Work. Project Impact Report. and R.S. Means cost proposal. TO t 11 C t) St 10 1 thiS o r s S149.62.61 Schedule for this xvork: Nlohilizat ion w itliin 15 days of N.I.P. i.rind completion within 75 days olcommencement. ()0days total). Please contact me al (3( 1)-533-0293 should have an questions regarding this matter. Sinceref 13111 Project Manager Attachments: 1. Scope or Work Project Impact Form 3. Sketch SK-1 4. Specification SS- 5 R.S. Means Cost Proposal 6. Schedule of Values CP:Aro E P. 0 ti! 1.1 F II C. 1`.' HFRE A r Of S A 11 P E N Greenwood Pool Renovations Bond 2004 Project No. 3340 Description o Work Facility Building Interiors • Bring the buildings to fully functional status with all client and staff electrical and plumbing ADA accessible amenities in place and operational. Office and Bathhouse Interior • Plumbing fixtures and fittings will be removed and replace with ADA compliant and "GREEN" rated when possible. • Electrical receptacles, switches and fixtures will be removed and replaced with ADA compliant and "GREEN" rated when possible. • Select doors that are to be replaced shall be with metal doors, primed and painted with a graffiti resistant system and ADA compliant stainless hardware. • All masonry and ceramic tile work will be patched to match. • All interior surfaces shall be water blasted, rinsed and painted as required. • Fencing for storage and security area will be galvanized chain link assemblies. • New built -in bathroom benches will be of recycled "GREEN" Rated materials. Party Rental Area • Site preparation for the new Pavilion including removal of four palm trees, masonry, plantings, and benches. • New 46' concrete deck with expansion joints. • Miscellaneous sidewalk and decking improvements including ADA access. • Lighting and controls provided to code requirement and ADA accessible. • Tubular Fence will be provided to better designate the Party Rental Area. Office and Bathhouse Exterior • The roof domes shall have the panel joints exposed, treated and resealed with an elastomeric caulk system. • The gutter channels and downspouts will be relined and sealed and the downspouts will be extended away from the building. Bond 2004 CDBG Share Share $5,082.61 $1 ,067.82 $9,014.54 $27,043.62 $29,286.15 $32,364,27 $18,329.78 $0.00 Pool Deck at Coping $10,649.53 $17,024.29 • Pool decking improvements to improve ADA access and safety. • Remove and renovate the Lifeguard Stands. Subtotal CDBG Subtotal Bond 2004 $72,362.61 TOTAL COST $77,500.00 $149,862.61 \PAproject‘councilexhibits\exh3.340.dwg PROJECT LOCATION (4305 GREENWOOD DR) LOCATION MAP NOT TO SCALE oc Gabe Lozano Golf Center HORNE L LITA_ LMLNDOZAI 5Loo,T! TDMHMR 0 Corpus Christ; State School Laguna Pork PROJECT SITE VIL AREAL 0 oh Midway Jones fork Pork NATIONAL VISTA AMBASSADO art PROJECT No. 3340 POINT RD Moody 4-- Pork WCINITY Map NOT TO SCALE EXHIBIT "C' GREENWOOD POOL RENOVATIONS HP GARCIA PARK cIr( COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 01-21-2008 - 12 AGENDA MEMORANDUM DATE: February 12, 2008 SUBJECT: New Southside Fire Station No. 17 (Project No. 5169) BOND ISSUE 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Van Fleet Construction from Kingsville, Texas in the amount of $1,127,653 for New Southside Fire Station No. 17 Proje t,BO D ISSUE 2004. ISSUE: The proposed project is part of the Bond Issue 2004 package that was approved by the voters on November 2, 2004. The proposed facility will provide service to the Yorktown Road area between Cimarron Road and Dodd Field Road on Bill Witt Park Property. The project was bid on January 9, 2008; and is ready to be awarded, which requires City Council approval. FUNDING: Funding is available from the FY 2008 Capital Budget and Capital Improvement ent Planning Guide (CIP). RECOMMENDATION: Staff recommends approval of the Motion as presented. Richard Hooks, Fire Chief Additional Support Material: Exhibit "A" Background Information Exhibit "A -1 " Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map ,frit--? 1 (- 2- -6/0-1 Kevin Stowers, Interim Director of Engineering Services 1-1:1USERSZHOMEWELMARGENIFIRE DEPT1 169 SOUTHSIDE FIRE STATIONICONSTRUCTIONRAGENDA MEMO BACKGROUND INFORMATION SUBJECT: New Southside Fire Station No. 17 (Project No. 5169) BOND ISSUE 2004 PROJECT ECT DESCF IPTION: The proposed New Southside Fire Station No. 17 consists of approximately , 5350 square feet and is a single company fire station. The single structure facility will have living quarters, and co -ed rooms together with separate restrooms. A double -bay area will be the apparatus room that wilt accommodate one fire truck and one ambulance emergency vehicle. The proposed project includes site clearing and stripping; termite control; cast -in -place concrete; veneer masonry; structural steel and metal fabrications; rough carpentry; finish carpentry and architectural wood casework; liquid- applied vapor air barrier; blanket insulation and foamed -in- place insulation; preformed metal soffit, siding, gutters and downspouts; manufactured sheet metal roofing; firestopping; joint sealants; standard steel doors and frames; flush wood doors; sectional doors; aluminum windows; door hardware; glazing; Portland cement plastering (stucco); gypsum board assemblies; ceramic tile; acoustical ceiling tile; VCT flooring; paint and coatings; specialties; residential kitchen equipment; furnishings and horizontal blinds; pre - engineered metal building system; mechanical systems; plumbing system and fixtures; electrical power system and lighting fixtures; and emergency power generator; and final site cleanup with proper disposal of all debris /waste; complete and in accordance with the plans, specifications, and contract documents. BID INFORMATION: Bids were received on January 9, 2008 with six (6) bidders submitting a bid proposal. The bids range from $1,127,653 to $1 ,674, 142. The engineer's estimated cost of construction is $1,482,371. The low bid was submitted by Van Fleet Construction of Kingsville, Texas. See Exhibit "C" Tabulation of Bids. The City's consultant, Chuck Anastos Associates, L.L.C., and City staff recommends that the construction contract be awarded to Van Fleet Construction in the amount of $1,1 27,553 for the New Southside Fire Station No. 17 Project BOND ISSUE 2004. TIME OF COMPLETION: The contract provides for the work to be complete within 270 calendar days of notice to proceed. PROJECT BACKGROUND: n Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. HAUSERSZHOMEWELMAPIGENIFIRE DEPTZ169 SOUTHSIDE FIRE STATI N\ ON TRU TKDNAA ENDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: New Southside Fire Station No. 1 (Project No. 6263) BOND ISSUE 2004 PRIOR COUNCIL ACTION: 1. November 2 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. December 19, 2006 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Chuck Anastos Associates, L.L.C. from Corpus Christi, Texas in the amount of $124,500 for the New Southside Fire Station No. 17 Project (Motion No. M2006-423). 4. December 1 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,000 (Ordinance 027546). PRIOR ADMINISTRATIVE E ACTION: Auclust 26, 2004 - Distribution of Request For ualification (RFC ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local. 3. &M1L1i3, ?QQ5 - Addendum No. 2 to the Request uest for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 4. June 27 2006 — Administrative approval of Small NE Agreement for Architect Engineer Consultant Services with Chuck Anastos Associates, L.L.C. in the amount of $1 2,500 for the New Southside Fire Station No. 17 Project. 5. March 27, 2007 — Administrative approval of Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, Inc. in the amount of $3,975 for the New Southside Fire Station No. 17 Project. 6. September 12, 2007 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Chuck Anastos Associates, L.L.C. in the amount of $7,853 for the New Southside Fire Station No. 17 Project. 7. October 31, 2007 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with Chuck Anastos Associates, L.L.C. in the decrease amount of $12,500 for the New Southside Fire Station No. 17 Project. HAUSERSZHOMEWELMAMGENIFIRE DEPT1 169 SOUTHSIDE FIRE STATION1CONSTRUCTIONIPRIOR PROJECT ACTIONS PROJECT BUDGET NEW SOUTHSIDE FIRE STATION NO. 17 Project No. 5169 BOND ISSUE 2004 February 12, 2008 FUNDS AVAILABLE: Fire $ 1,500,000.00 FUNDS REQUIRED: UIRED: Construction (Van Fleet Construction) $1,127,653.00 Contingencies 10% 112,765.00 Consultant (Chuck Anastos Associates, L.L.C.) 1 32,353.00 Testing (Rock Engineering & Testing Laboratory, Inc.) 21,975.00 Reimbursements ments 45,000.00 Misc. (Printing, Advertising, etc. ) 5,000.00 Total $1,444,746.00 H_I(J ER 211- 1OME\VELMAP'\ EN\RRRE DEPT15169 SOUTFISIDE FIRE STATION1CONSTRUCTIONNPROJECT BUDGET c o .2 ti 15- W I- u) V LLI z 13 I L1 Lu w 5 14 0 rc CD O co w co C o ca fa ta BIDS TABULATED BY: 1- 0 E c°': to g gco O w i It $1,276,285.00 $1,276,285.00 c '- 0 0 a a ■i 0 sE t3 .13 aE ea O • z 0 2 $1,269,500.00 LLI 0 0. a $1,269,500.00 Van Fleet Construction .0 LL[ CO im a 0 2 $1,127,653.00 0 ■ 0 0 LC) ,1 27,653.00 NEW SOUTHSIDE FIRE STATION NO. 17 PROJECT N. 6169 BOND ISSUE 2004 ID ca 0 el O 3 c : C t s < 4 I— c 0 `5 vi 0 o3 E m 0- .! 3 0 , z .ia — EL! c CU 0: -. 2 0 1 um_ca Elite General Contract 6414 Pressler Corpus Christi, TX 78413 UNIT PRICE [ AMOUNT $1,674,142.00 ; $1,674,142.00 i 0 0 CV yr iirf N. 411 Safe Net 1310 Glenoak Corpus Christi, TX 78418 AMOUNT $1,395,231.00 0 0 a it- IliI CD PI w 0 2 0. t z $1,395,231.00 The DLP Group 1891 C. R. 26 Corpus Christi, TX 78415 z 0 2 00'000‘CSE41.S low000tsc'is UNIT PRICE Q in E0# NEW SOUTHSIDE FIRE STATION NO. 17 PROJECT NO. 5169 CO 03 TOTAL BID 'DESCRIPTION Furnish all labor, materials, tools and necessary equipment ;arid to perform the work required for the subject project at the locations set out by the plans and specifications and in strict accordance with the contract documents. H:\HOME\Mproject\councilexhibits\exh51 59.dwg NEW SOUTHSIDE FIRE STATION No. 17 (Bond Issue 2004) CITY COUNCIL EXHIBIT crrr OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 DATE: 01/25/2008 13 CITYCOUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: February 12, 2008 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Peter Siracusa and wife, Obdulia Siracusa in the total amount of $162,792 of which $160,792 is for land costs and $2,000 estimated in closing costs for fee simple property rights to Parcel 1, described as 4.39 acres of land out of Lots 14 and 19, Section 20, Flour Bluff and Ericinal Farm and Garden Tracts, located west of Airline Road between Saratoga and Yorktown Boulevard, in connection with the Brighton Park Development Project #3213) and for other municipal purposes. ISSUE: The Park and Recreation Department is proceeding with the acquisition of additional lands for a community park which will serve three subdivisions. There is land currently available for sale east of and adjacent to the existing Brighton Park located on Brockhanipton Street. Funding is available to purchase a 4.39 acre tract of land that has potential for future expansion. Park and Recreation Community Enrichment funds will be utilized to acquire 3.57 acres of the new 4.39 acre park land. In addition, Storm Water funds will also be utilized to purchase the fee simple rights to an existing .2 acre Drainage Easement which is located along the center of the 4.39 acre tract. City land acquisition staff has received an executed sales contract from the owners in the amount of $160,792 for the 4.39 acres of land. Authorization is required to approve the purchase price and for authorization of the City Manager or designee to execute the Real Estate Sales Contract. FUNDING: Community Enrichment Fund (Park & Rec.) ) $146,228 Storm Water '07-'08 CIP Fund 16,564 $162 , 792 RECOMMENDATION: ENDATION: Approval of the motion as presented. Attachments: Exhibit A. Exhibit B. Exhibit C Background Information Parcel Location Map Contract Summary 6 Kevin Stowers Interim Director of Engineering Services HAHOMEEUSEBIOGIGEMAgenda Item \Brighton Park Development Proje t, 1 'Agenda Mem randur .d e BACKGROUND INFORMATION SUBJECT: Brighton Park Development Project (#3213) Park Land Acquisition (Siracusa) PROJECT BACKGROUND: The Park and Recreation Department has an opportunity to expand the existing Brighton Park by acquiring a 4.39 acre tract of land adjacent to it. This proposed acquisition will expand Brighton Park to become a 9.75 acre park which will serve as a community park for three abutting subdivisions. This concept will maximize use of the park grounds and will be more efficiently maintained. There is an existing 60 foot wide Drainage right of way that is located down the center of this tract. Storm Water Department funds will be utilized for the fee simple acquisition of this 0.82 acre portion of the tract. Underground concrete boxes are currently being placed within this right of way in connection with the Master Channel 27 Drainage Improvements Project. After construction, the surface will be restored for park utilization. Park and Recreation Community Enrichment funds will be used to purchase the remaining 3.5 acres. • 3.57 acres for Park & Rec • .82 acres for Storm Water • 4.39 Total Acres PARCEL I EGOTIATIOI S1 The owners of the land, Peter and Obdulia Siracusa, have offered to sell land to the Cit y out of their 20 acre tract. The City originally intended to purchase a 5.293 acre tract which appraised for $41 ,564 per acre. The City reduced their purchase to 4.39 acres and an agreement was reached to purchase it for $160,792 or $36,626 per acre due to the Drainage right of way located in the center of the tract. An additional .90 acres of land abutting this tract at its southeast corner is available to the City either by future purchase or by park dedication by a land developer. City land staff has concluded negotiations with the landowners and they have executed a sales contract in the amount of $160,792. An additional $2,000 in estimated closing costs will be paid by the City. The sellers requested that the sales contract be escrowed at Stewart Title of Corpus Christi. PRIOR COUNCIL ACTION: None PRIOR ADMINISTRATIVE E ACTION: None H:1H MEIEUSEBIO I EN\Agenda Items \Brighton Park Development Projeet.3213lBa kgr und.doe EXHIBIT A File \Mpro•ect councilexhibits\exh3213.dwg PARCEL LOCATION LOCATION MAP NOT ro SCALE BRIGHTON PARK DEVELOPMENT 4.39 ACRES OUT OF LOTS 14 AND 79, SECTIONS 20, FB 8 EF & GT CITY COUNCIL EXHIBIT clrr OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 o - DATE: 01-11-2008 Real Estate Sales Contract Summary This Contract is entered into by Peter Siracusa and wife, Obdulia Siracusa of 3401 Airline Road, Corpus Christi, Nueces County, Texas 78414 (collectively called "Seller") and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 ("Buyer"). Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: A tract of land containing 4.39 acres out of Lots 14 and 19, Section 20, Flour Bluff and Encinal Farm and Garden Tracts as shown on plat thereof recorded in Volume A, Pages 41 -48 of the Map Records of Nueces County, Texas. (Premises) 2. Purchase Price - $1 60,792.00, cash. 8. Seller to provide a title insurance policy at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. Buyer will pay all closing costs except costs to cure title, which must be paid by seller. 5. All taxes to be paid by Seller, up to and including 2007. Taxes for 2008 will be prorated to the date of closing and paid for by Seller. 6. Buyer agrees to deposit $509 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager or designee. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Buyer shall have sixty days from the effective date of the contract to perform due diligence studies on the property. Buyer can cancel the contract and receive back the Earnest Money in the event Buyer finds the property to be unacceptable for any reason. EXHIBIT C 11. Seller is responsible for payment of any and all broker's fees and commissions incurred in connection with the sale of the property. 12. At closing, the property will be conveyed free of the rights of possession of any third parties. 13. seller makes the following representations and warranties: a. seller has the absolute and unrestricted right, power, and authority to execute and deliver this contract and the documents to be executed and delivered by seller in connection with the closing of the transaction. b. seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the property. c. Seller has no knowledge that the property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. d. seller has full and complete fee simple title to the property, subject only to liens and encumbrances, if any, disclosed on the title commitment or survey to be furnished to Buyer. e. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the property. f. Seiler has not received notice from any governmental agency regarding the seller's or Property's non - compliance with applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to the property. 14. The sale of the property is without minerals. 15. Time if of the essence in closing this transaction. 16. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. This Real Estate Sales Contract may be executed in counterparts and each shall have the effect of the original. H: \HOMEIED EBIO I EI \A nda Items \Bright n Park Development Project.321Montract s rnmary.doc EXHIBIT C 14 AGE NDA MEMORANDUM M AGENDA ITEM: February 12, 2008 a. Motion approving the amount of monies to be paid as cash in Lieu of construction of Rodd Field Road, a half street in accordance with the Platting Ordinance Section IV-Design Standards, Subsection A. 12.01). b. Motion authorizing the City Manager to execute a Half Street Deferment Agreement with Yorktown Oso Joint Venture, (Developer), in the amount of $31,865.94 for public improvements including pavement, curb, gutter, and sidewalks for the future street improvements to Rodd Field Road adjacent to the west property line of Rancho Vista Unit 3, located south of Yorktown Boulevard and east of Rodd Field Road, in accordance with the Platting Ordinance Section IV- Design Standards, Subsection A. 12.c). ISSUE: Yorktown Oso Joint Venture, developer of Rancho Vista Unit 3, submitted deferment agreement documentation to defer construction of one-half of Rodd Field Road in accordance wit# the Platting Ordinance, Section IV- Design Standards, Subsection A. 12. c). The Deferment Agreement, between the City of Corpus Christi and Yorktown Oso Joint Venture will allow the Developer to defer the construction of required improvements including construction of pavement, curb, gutter, and sidewalks until land adjoining the west side of future Rodd Field Road is platted and required to participate in the construction of Rodd Field Road. According to current Master Plan information, no wastewater or stormwater infrastructure is proposed within the roadway section. The Water Master Plan indicates water construction will be required of the adjoining developer. The Developer's portion of the half street construction cost is estimated to be $45,070.94. The Developer agrees to deposit $31,865.94 cash and apply the value of the additional right of way dedicated, $18,205.00, to make up the difference. The cash will be placed into the Infrastructure Fund and will be used for the sole purpose of future construction of Rodd Field Road. REQUIRED COUNCIL ACTION: Council approval of the amount of monies to be paid as cash in lieu of construction of Rodd Field Road and Council authorization for the City Manager to enter into a deferment agreement with Yorktown Oso Joint Venture, (Developer). CONDITION: Developer must deposit cash with the City for the cost of the future improvements, and com # with all other requirements of the Deferment Agreement. comply RECOMMENDATION: Staff recommends approval of the motions as presented. /V# Bob Nix, AICP ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Half Street Exhibit Cost Estimate Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Rancho Vista Unit 3 plat was approved by the Planning Commission n June 14, 2006. Rancho Vista Unit 3 (Exhibit is a 12.901 acre tract platted for the purpose of developing a residential subdivision. Staff recommendations for platting this property included the requirement for a cash deposit in lieu of half street construction, for the future construction of Rodd Field Road (Exhibit Cy Staff determined the best interest of the public will be served by delaying construction of Rodd Field Road until its full right of way width is dedicated when adjoining property is platted. The City's Traffic Engineering Division has identified Rodd Field Road as requiring a 157 -foot right of way and two sections of 39.5-foot wide pavement divided by a 27 -foot median. The Developer is dedicating 112 -feet of the 157-foot right of way. The developer's street construction cost participation is equal to one -half of the construction cost of a residential collector street. The City's minimum street cross - section for a residential collector is a 2 -inch hot mix asphaltic concrete wearing surface with 8-inch caliche base and 8-inch limed subgrade. According to current Master Plan information, wastewater or storm crater infrastructure is not proposed within the roadway section. The Water Master Plan indicates water construction will be required of the adjoining developer. The Developer's portion of the half street construction cost is estimated to be $4 ,070.94 (Exhibit D). Staff agreed to reduce the cash deposit from the Developer by an amount equal to the additional right of way the Developer contributed based on an A -3 Arterial Divided 130 -foot right of way. Half of the A-3 Arterial right of way is 65-feet. Therefore, the additional right of way dedication is 47-feet (112-65=47). The additional right of way dedication cost was determined by multiplying the cost per acre the Developer paid for Rancho Vista Unit 3 by the area in acres of the dedicated street right of way. The cost of the additional right of way is $13,205.00 (Exhibit 0). The cash deposit required of the Developer is $31 ,865.94 ($45,070.94-$13,205.00=$31,865.94). The Developer agrees to deposit $31,865.94 cash and apply the value of the additional 47-feet of dedicated right of way, $13,205.00, to make up the difference. The cash will be placed into the Infrastructure Fund and will be used for the sole purpose of future construction of Rodd Field Road. This delayed arrangement can be entered into with the Developer because each lot within Rancho Vista Unit 3 will have all required utility improvements and access to streets as required in the Platting Ordinance. The Development Services Engineer determined City participation by payment into the Infrastructure Trust Fund is not required. The Planning Commission, n, at its September 19, 2007 meeting, recommended approval of the Deferment Agreement and found reasonable cause to defer the half street construction requirement. The Planning Commission, at its January 23, 2008 meeting, recommended approval of the revised Deferment Agreement and found reasonable cause to reduce the cash deposit from the Developer by an amount equal to the value of the additional right of way dedicated by the Developer. A Deferment Agreement, (Exhibit E) between the City of corpus Christi and Yorktown Oso Joint Venture will allow the Developer to defer the construction of required improvements including construction of street pavement, curb, gutter, and sidewalks until land along the west side of future Rodd Field Road is developed and required to participate in the construction of Rodd Field Road. Exhibit A LOCATION MAP N.T.S. L1t1 ['Exhibit c Erg: Chip Urban By: C.Q.R. ITEM DPI Cost mate September , 2007 for , Job No. 39319.02.00 C-1 COLLECTOR IMPROVEMENTS T ROOD FIELD ROAD AT RANCHO VISTA U T QUAN. QUM. • UNIT UNIT PRE TOTAL COST C-1 ,1 OR -T 4 i NTS: 1 Cllr and Grub Right of Way 2 Roadway Excavation 3 r i we Inducting Proms Quit 4 S" Compacted Limestone Base 5 r Liao Stabitzled Srbgrade 6 6'V Curb 4' Concrete Sidevielk 133 1.40 AC S2C1 .O 2,838 2,977 CY . t 2.062 2,165 SY $9.00 2,062 Z165 SY S9,00 2,520 2446 SY 32.50 956 1,004 LF 39.00 1824 4,015 SF $3.00 $280.00 18,931.00 119,485.00 $19,485.00 *815.00 1,000 $12,045.00 ESTIMATE IMPROVEMENTS COSTS SST TA1 315,MM t0% DTI ENCY. 17487.70 ENGINEERING PEE 8 . 1.077.18 TOTAL ESTIMATED COST: $9014118 DEVELOPS (112 PORTION is NM SA07M. Additional Land Dedicated for ROW (47' x 515.50' = 24.228.5 s1 ar 0.556 ac DEVELOPER'S COST LESS ADDITIONAL ROW DEDICATED: $31,865.94 0,556 AC 523,750.00 $13,205.OQ Exhibit Exhibit L f DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City) and Yorktown Oso Joint Venture, 5733 Yorktown, #10-D, Corpus Christi, Texas 78413, (hereinafter "Developer), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Rancho Vista Unit 3 (the "plat), which was approved by the Planning Commission on June 14, 2006. A copy of the final plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is required by the City of Corpus Christi to defer construction of the pavement, sidewalk, curb, and gutter improvements for Rodd Field Road as shown in Exhibit and WHEREAS, the Developer will deposit with the City of Corpus Christi cash in the amount of Thirty -one Thousand Eight Hundred and Sixty -five 94/100 Dollars ($31,666.9 , which is the estimated cost of constructing the required improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; and WHEREAS, the Ci 5. No party may assign this Deferment Agreement or any rights hereunder without the prior written approval of the other parties. 6. Unless otherwise stated herein, any notice required or permitted to be given he . , . hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail and if given personally, by fax or certified mail, shall be deemed sufficiently iven if addressed to the appropriate party at the address noted pp osite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 7. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, -and all lawsuits pursuant hereto shall be brought in Nueces County. 8. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit . 9. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become � come effective and binding upon and shall inure to the benefits of the arties and their respective heirs, successors and assigns ective hey p assigns. EXECUTED in triplicate this day of _�,,. 2008 Yorktown Oso Joint Venture 5733 Yorktown, 1 Corpus Christi, Texas 78413 By: Fred Braselton, Co-Manager STATE OF TEXAS COUNTY OF NUECES 4 5 . was aokno !e d before me on 2 day of 2008, by This instrument � joint Fred ras lton Co -Mara r, Yorktownn so Joint Venture, o behalf of enture. NOTARY PUBLIC, STATE OF TEXAS VICKI ADAIR 1 . -. Notary Publics State of Texas My omission Expires 2-18-20i0 w ur•, 3 of cm/ OF CORPUS CHRISTI ("City") P. of Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361 ) 880-3501 ATTEST: By: _ By: ARMANDO CHAPA, City Secretary GEORGE NOE City Manager APPROVED FORM: �� E AS TO FORM. This day of r Lar , 200 8. B Cy: 10 Ga 1.. mith Assistant City Attorney for the City Attorney By: Cindy OB ` Director of Finance THE STATE OF TEXAS § COUNTY OF NUECES § This instrument ment was acknowledged before me on the day of 2008, by George K. Noe, City Manager for the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. NOTARY PUBLIC, STATE OF TEXAS 4 of 4 it 0E11'11% :ten .14 - i i am '; 407- r,e478—ieleicg _ 4, wasrr *it . v rri 'c V o cci 124g; _02 : c o ii; ASR a .2; .1 1 5 '" a=i v& ;7,- a8 a a ' 3 2 I g 13 614i 0 v# "z. o r i M i' Q . gt- - s T.‹ g.,b1, r ' $ - f° :: 5' i a i!! 3 8v, " k Er lax - o g o i if 1 o A i.pl �, '' N o u � L $ Exhibit for Rancho Vista Subdivision -Unit 3 .- .. Location Nan laire-6".ullertimentir-4*" r2 URBA ENGINEERING CORPUS CHRISTI, roas En g: Chip Urban Cost Esdmate September 6, 2Q0T By: C.R.R. for Job No. 38319.02.00 CA COLLECTOR M TS TO R000 FIELD ROAD AT RANCHO VISTA UNIT ITEM DESCRIPTION C . J - - MENE : 1 Clear and Grub Right Way 2 Roackey Excavation 3 'MAC Inciuding Prime Coat 4 r Compacted Beene ease 5 r Lime SbIbded Subgrade 8 8r1 'L' Curb 1 4' Concrete Sidewalk L33 . •x,835 2.062 2,062 2.520 966 3424 QUA. • war UNIT r PEE TOTAL. COQ 1.40 AC $200.00 2.9/7 C $_ 2,165 SY $9.00 Z165 SY $9.00 2,846 SY 32.50 1,004 LF $.00 4.015 SF $3.00 $280.0 38,931.00 119,485.00 $19,466.00 $8,616.00 $9,036.00 S12,045.00 BSnMATBD IMPROVEMENTS COSTS SUB. TOTAL: $75,977.00 CONTINGENCY: 37,.70 ENGINEERING FEE 8%: 18.517.18 TOTAL ESTIMATED Cam: 390,141.18 DEVELOPER'S O PORTION 50%: 345,070.54 Additional Land Oedicated for ROW 0.556 AC $23,750.00 $13,205.00 (47' x 515.50' = 24,228.5 sr or 0.556 ac) DEVELOPER'S COST LESS ADDITIONAL ROW DEDICATED: $31 ,865.94 II Exhibit 3 art OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME STREE"'l". CITY: ZIP.* FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named firm". Name Consultant CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of, any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: „., Date: _ - - -- - Mhibitn 15 AGENDA MEMORANDUM AGENDA ITEM: February 12, 2008 a. Motion approving the first amendment to Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Al Development, inc., owner and developer of Airline Crossing Unit 1, located south of Lopes Boulevard and west of Airline Road for the installation of three additional 12 -inch gate valves and boxes on the 12-inch PVC water grid main for Airline Crossing Unit 1, located along Slough Road; and b. Ordinance appropriating $6,846.75 from the Water Arterial Transmission & Grid Main Trust Fund No. 540450 - 21805 -4030 to pay the Al Development, Inc., reimbursement request for the installation of three additional 12-inch gate valves and boxes on the 12 -inch PVC water grid main for Airline Crossing Unit 1; and declaring an emergency. ISSUE: Al Development, Inc., owner and Developer of Airline Crossing Unit 1 will start the installation of the three 12 -inch gate valves and boxes on the 12-inch PVC water grid main, once the City Council approves the amendment of the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Water Arterial Transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Attachments: Exhibit A Exhibit B Exhibit C Exhibit Exhibit E Exhibit F Nd_it/f- i' Bob Nix, AICP ACM of Development Services Background Information Location Map Original Cost Estimate First Amendment Cost Estimate Letter from engineer listing reasons for amendment First Amendment to Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Airline Crossing Unit 1 (see Exhibit B) required a total extension of 2,256 linear feet of 12 -inch PVC water grid main along the north side of Slough Road and Lipes Boulevard beginning at the existing 12 -inch water line on Rodd Field Road and extending west to Airline Crossing Unit 1. (Exhibit C). Council approved the Arterial Transmission and Grid Main Construction and Reimbursement Agreement between the City and Al Development Inc. on March 27, 2007 and appropriated $111,514.69 for construction of the 12 -inch PVC water grid main by ordinance No. 021 198. The City Water Department has determined during construction that an additional three (3) 12 -inch gate valves and boxes are needed along the 12 -inch PVC water grid main along Slough Road, to comply with City Water Department Standards. The additional three (3) 12 -inch gate valves and boxes along Slough Road are eligible for reimbursement as part of the water grid main in accordance with the Platting ordinance. The Developer's application for the grid main reimbursement amendment with supporting cost documentation in compliance with the Platting Ordinance is attached (Exhibit D). Naismith Engineering, Inc. requested the City prepare the first amendment (Exhibit F) to the original agreement to reflect the increased construction cost. The engineer listed the reasons for the amendment in a letter to the Deputy Director of Development Services dated January , 2008 (Exhibit E). The amount of additional funds that must be appropriated is $6,846.75. Reimbursement is payable upon completion and acceptance of the water grid main work with the actual reimbursement based on the actual construction cost and not to exceed $111,514.69 + $6846.75=$1 18,361.44 RECOMMENDATION: : Staff recommends approval of the motion and ordinance as presented. Exhibit A Page 1 of 1 Exhibft B / • aa0i iiik„ NALSMITH. INEERING. INC. 44 •r - i cows � ^mow EXHIBIT UTILITY CON TRUCTI iN SCHEMATIC , FOR ADDITIONAL WATERLINE VALVES AIRLINE CROSSING UNIT 1, C am$ clown, TEXAS , a i I l . }.. _- I ,_. IL P. , Exhibft B Naismith Engin.ering Inc. Tilt Airline Croce Unit 1 Reimbursement Water Lim Costs , Data December 18, 2006 ONSTRtJCTION:OSTS FIBS 01111ClUlnioti MY WIT UNIT COST TOTAL COST 1 1r PVC C-900 2,25S LF $OD $87,680.130 2 12° Ducille Iron Rings 2 EA $450.00 MAO 3 12" Gale Valve and Box 2 EA $1.500.00 $3,000.03 4 20" Steel Coming 100 LF 388.00 $10,880.00 5 Pavement Romer - MAC 39 SY $25.00 $975. 8 Pavement - Reinforced Concrete 12 SY $ADO $460-00 8 Tie to Existing 1 1 EA $3,000.00 $3,000.00 9 Try Protection 1,500 L . - -_ 33.00 $4,500.00 10 Fig Hydrants 4 EA $2,550.00 XL200.00 TOTAL WATER LINE CONM1WCTION COSTS: $1111 ,1111.01 ENGINEERING COSTS map: $7,921.13 SURVEYSIG CMS: __ $24/1.511 TOTAL CONSTRUCTION 1 ENGINEE'RING 1 SURVEYING COSTS: $111,514 TOTAL REIMBURSEMENT: (711,514.68 Exhibit C 131 NaismithEngineering,Inc ENGINEERING t ENVIRONMENTAL!. SURVEYING !R$T AMENDEMENT COST ESTIMATE Project Tithe: AIRLINE CROSSING UNIT I. 1 Owner: Al Mostaghasi vw , Project Number: N/A NEI Project Number: 7539 Contractor H&O Contractors, Inc. Change Order Number 1 Date of Issuance: Effective Date: Page 1 of 1 01/07/2008 TBD Reason for Change Order: The City ofCorpus Christi Water Department is requiring an additional three (3) water valves on the 12" Water Main Extension along the Lipes Extension to facilitate future growth and maintenance in the area. Additions to Contract: ITEM] DESCRIPTION Days UNIT urr PRICE • ToTAL co sr 1 12" Gate Valve and Box 3 t EA 000.00 S6 000.00 - :I:!ench Protection Revised Contract Including this Change Order - 0 1 L $3.00 $90.00 1 3 En inecring Casts 1 ' EA 7.5% S456.75 Surveying Costs _ -.. - -_ - —\ - - 1 _ $300.00 $300.00 TOTAL ADDITI ON = S6,346:75 Amount Days Original Contract Net Change from Previous Change Orders $0. Revised Contract Prior to this Change Order $1111,514.69 Net Add (Deduct) for this Change Order S6,84635 Revised Contract Including this Change Order $118,361.44 - Exhibit J Naismth E n g i n eeri ng,Inc EiVGINEERING in ENVIRONMENTAL EI SURVEYING EST4 LI H ` 1'949 January 07, 2008 Mr. Juan Pera les, Jr., P. E. City of Corpus Christi Department of Development Services 2406 Leopard Street Corpus Christi, Texas 78401 Re: AIRLINE CROSSING UNIT 1, CORPUS CHRISTI, TES WATER TRUST FUND REIMBURSEMENT AMENDMENT Dear Mr. Per ales: Transmitted herewith is a request for an amendment in the 12" Water Grid Main Extension Agreement. This request is on behalf of Fred Pena with the City of Corpus Christi water Department which during constmction inspection it was noticed that an additional three gate valves were needed along the main to comply with City of Corpus Christi Standards. This change will be shown and noted on the "As .Built" drawings for the referenced development. The amount of the Change Order is $6,846.75. This amount includes the construction in which the valves must be out into the in place line plus the related engineering costs. The location of the valves can be found on Exhibit A and the breakdown of the costs can be located on the Change Order request. Please contact me if you need any additional questions with regards to this request. Sincerely, I AISMIT -! ENGINEERING, INC. Thomas Tiffin Graduate Engineer ):\739 Al Develo mem A3rline CretNfineReirribu ra meots114'ater L nc 2'JO OiO? - WAFER REiNIEUHSEMENT CHANGE ORDER -rRAN SMITTAI Doc 4501 Goilihar Road Corpus Christi, 1X 78411 a 8OO.677 -2831 361 -814 -9900 Fax 361 - 814 -4401 E nai m th -engin ring.00m FIRST AMENDMENT TO WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement amends Section 12.b. of the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement rAgreemenr), dated March 27, 2007 between the City of Corpus Christi ("City"), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas 8469-9277 and Al development, Inc., ("Developer), , 6530 Samba Drive, Corpus Christi, Texas 78414, the Agreement is incorporated herein by reference, the same as if recited herein verbatim, the terms and conditions shall remain in force and effect, except as amended. C. Section 10. of the Agreement is revised to read: 12. REIMBURSEMENT B RSEMEf T b. The City will reimburse Developer 100% of the cost of the 12 -inch PVC arterial transmission and grid main, upon satisfactory completion and testing, in compliance with approved plans and specifications, and final acceptance not to exceed 118,361.44. See attached cost estimate (Exhibit 4). rExhibit F l , 1 Page 1 of 3 EXECUTED IN TRIPLICATE originals, this 5 714 - day of Fe(swidwr1 2008. DEVELOPER: i 1 Development, Inc. By: A W aghast President THE STATE OF TEXAS COUNTY NT F NUECES This instrument was acknowledged ed before me on the 5 day of P.ItiNoey 2008 by Ai M stegharsi, President, Al development, Inc. Page 2 of CHARLES F. BAI H 111 Notary Publc State of Texas My Commission moires February 14, 2010 ATTEST: By: Armando Chapa City Secretary CITY OF CORPUS CHRISTI ("City") P. 0. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361 880 -3501 By: d APPROVED AS TO FORM: This - day of Assistant City Attorney For the City Attorney George K. Noe City Manager , 2008. THE STATE OF TEXAS COUNTY OF N ECES This instrument was acknowledged before me on the - day of , 2008, by George . Noe, City Manager, for the City Of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 3 of 3 16 CITY COUWCIL AGENDA MEMORANDUM City Council Action Date: F ru ,_2 o AGENDA ITEM: A. Motion to amend ordinance authorizing the Texas International Yacht & Jet Plane Show Lease Agreement prior to second reading to amend Section 6 of the lease regarding payment due dates and financial documents. B. Second Reading of ordinance as amended authorizing the City Manager, or designee, to execute an amendment to the Texas International Yacht & Jet Plane Show Lease Agreement (with two five year renewals: 2008 -2012 & 2013-17) with MMD or munications, to increase annual term from 8 days to 10 days; expand Teased premises area, and increase minimum annual rental fee to $30,000; providing for severance and providing for publication. ISSUE: Staff recommends that the lease be amended by adding the underlined text to Section (B) prior to second reading: 'Section 6 Fees; In Lieu of Marina Rental Fees, Marina Receives Greater of: $30,000 or 1O of Net Profits, as defined in Exhibit F. (B) Lessee must pay to Marina rental fees of $00.01 per square foot per day for all Marina areas used on the Peoples Street T-Head (excluding areas covered by City leases to vendors). Also, Lessee must pay to Marina rental fees for in -water boat storage of exhibitor, patrol, medical, and media boats. The rental fees for in-water boat storage will be controlled and governed by separately executed agreements between Lessee and the Marina Superintendent, The Marina rental fees in this Section 6 (B) will be billed as an actual and direct cost under Section 7 of this Lease. However, in Lieu of .paying these Marina rental fees, Lessee shall pay to Marina the greater of (1) ,000 or (2) 10% of the net profits from all events staged on the Premises, including but not limi Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A AN AMENDMENT TO THE TEXAS INTERNATIONAL YACHT & JET PLANE LEASE AGREEMENT EEMENT (with two five -year renewals: 2008-2012 and 2013 -2017) WITH MMD COMMUNICATIONS OF NORTH TH PALM BEACH, FLORIDA, TO INCREASE ANNUAL TERM FROM EIGHT (8) DAYS TO TEN 1 DAYS, EXPAND LEASED PREMISES AREA, AND INCREASE MINIMUM ANNUAL RENTAL TAL FEE TO $30,000; AND PROVIDING Fo PUBLICATION. NOW, THEREFORE, BE IT ORDAINED ED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute an amendment to the Texas international Yacht & Jet Plane Lease Agreement (with two five -year renewals: 2008 -2012 and 2013-2017) with MMD Communications of North Palm Beach, Florida, to increase annual temi from eight days to ten 1 days, expand leased premises to include the northbound lanes of East Shoreline Blvd from south right-of-way of Shat ell to north right-of-way of Taylor Street, and increase minimum annual rental fee from $25x000 to $30,000. A copy of the lease as amended is attached and will be on file with the City Secretary. SECTION 2. Under Article 1X, Section 3 of the City Charter, this ordinance and the Lease Agreement are effective on the 61st day after City Council adoption of this ordinance on second and final reading; and the second and final reading of this ordinance is at least twenty -eight (28) days after the first reading. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:1LE -DIf \Lisa\ rdinan a 2007\ aoht Show Lease Amendment.do That the foregoing ord � nce was ra• for the first time and passed to its second 2008, the following vote: reading on this the 1 day of Henry Garrett Priscilla G. Leal Melody Cooper MOSQ/$'lA John E. Marez Larry Elizondo, Sr. A tt Nelda Martinez Mike Hummel! Aktn± Michael McCutchon Bill Kelly Alit That the foregoing ordinance was read for the second time and passed finally on this the _ day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 2, 2008 By: . t Lisa Aguilar' Assistant City Attorney For City Attorney Henry Garrett Mayor Page 1 of 21 2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW LEASE AGREEMENT (With Two 5 Yr Renewals: 2008 -12 & 2013 -17) BETWEEN THE CITY OF CORPUS CHRISTI AND MMD COMMUNICATIONS THE STATE OF TEXAS COUNTY OF N EC S § KNOW ALL PERSONS BY THESE PRESENTS: 3 This lease agreement "Lease" is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager'), and MMD Communications ("Lessee11), a Florida corporation. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal o rporation City Attorney means the City's Attorney or the City Attorney's designee (C) City Council means the City's City Council City Manager means the City's Manager or the City Manager's designee (E) Code means the City's Code of Ordinances, as amended (F) Director means the City's Director of Parks and Recreation or the Director's designee (G) Event means the Texas International Yacht & Jet Plane Show conducted and sponsored by Lessee. (H) Lease means this agreement and all Exhibits and attachments (f) Lessee means MMD Communications ( "lessee "), a Florida corporation organizing and managing the annual Texas International Yacht &Jet Plane Show (J) Lessee's Agent means a duly authorized representative of MMD Comm u nications Page 2 of 21 (K) Marina means the City's Municipal Marina (L) Police Chief means the City's Police Chief or the Police Chief's designee (M) Fremises means the site for the Event, more fully described in the attached Exhibits A, B, and C that are incorporated by reference in this Lease as if fully set out in their entirety (N) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee (0) Traffic Engineer means the City's Traffic Engineer or the Traffic Engineer's designee Section 2 Term; 8 Days in ril 2007; Two 5 Year Renewals; Effective Date. (A) 8 • This Lease is for a term of eight days, beginning on April Days � r� April Th g ' shall be entitled to non - exclusive use for the purpose of 23, 2007 at 'l x.01 p.m. Lessee .. preparations, of the Premises for a period of eight consecutive set-up and take-down ' 2007 at 12:01 p.m. through April 30, 2007 at 6: 0 p.m.; .and to the days, from April 23, boo p g p . said remises for period of to four days from April 26, 2007 at exclusive use of said P � up 6:00 am through April 29, 2007 at 6:00 p.m. Two 5 Year Renewals Ci ty Manager shall renew this Lease for a term of ten (10) -12 if City Manager finds that the 2007 Event is successful for qty. days in April �8 g Further, City Manager shall renew this Lease for a term of ten (10) days in April 2013 -17 if City Manager finds that the 2012 Event is successful for City. The Use Periods for 2007 and the projected Use Periods for 2008 -12 and 201 3 -17 are shown in the attached Exhibit. This day of , 2007. BAs (C) Effective Date This Lease is effective on the y effective date is the '1 after the adoption by City required by City Charter, the eff i � , and final reading of the ordinance authorizing the execution of this Council on second a g Lease.) Section 3 Premises. The City grants to Lessee the privilege of using the following g described City property to conduct the Event: Peoples Street T-Head; Shoreline This includes the entire Peoples Street - the Marina, including boat slips and other amenities, except for areas T-Head � n th g under lease by the Ci ty and except t for areas which may be leased in the future by � i ' n of stand -alone building in the City for construction g i n the Peoples Street T-Head. The Shoreline Premises i the northbound lanes of East Shoreline Boulevard of Schatzell t. (Schatzelf) t o the north right-of- way from the south right-of-way for Street including median and crossover areas within the above area v�ray of Taylor Street, g subject to the restriction in Section of this Lease. This area is more fully detailed in the attached Exhibit A. (Lessee must at all times keep an Page 3 of 21 unobstructed pavement corridor at least eighteen 1 feet wide on the east side of ESB from Schatzeil to Taylor Street for emergency vehicle use.) All Marina tenant boats in the People Street T -Head will be removed ed ! 'i p.m. April 18, 2008 Fenced Premises The Fenced Premises include fenced -in portions of the Event Premises. This area is more fully detailed in the attached Exhibit A. Note: This Lease does not include the American Bank Center or parking Tots adjacent to the American Bank Center. Use of any of these facilities will be covered under a separat e agreement, that is executed between the City and Lessee, if this use is determined to be necessary by Lessee. Airport Premises; Separate Lease(s) Note: This Lease does not include the facilities the Corpus Christi International Airport ("Airport") for the Static at p A ircraftlJet Plane Show and the Classic Cars show. Use of any of these facilities will be covered under one or more separate agreements! executed between the Lessee and City and/or Tenants at the Airport, if this use is determined to be necessary by Lessee. (D) Street c l sure Areas The street closure process, as outlined by the Traffic Engineer and further described in Section 10 of this Lease, will govern all street closures. Street closure areas are shown in the attached Exhibit B. (e) (c) Section .4 Other Areas; Other Use of Premises. (A) by Requests b Lessee for use of additional City-owned areas requires prior written approval from the Director. concession stand, ride, or other apparatus connected with the Event may be No cones � � pp or on the grass or shrubbery areas within the Premises along Shoreline placed in r Blvd. without the prior written permission of the Director. Section Event Layout Diagram. At least two weeks prior to the Event, Lessee or Lessee ' s Agent must provide the Director with a detailed diagram (Exhibit C) showing the final Event layout a out and including all related activities. Layout of the Event is subject to the approval of the Director. Section 6 Fees; In Lieu of Marina Rental Fees, Marina Receives Greater of: $30,000 or 10% of Net Profits, as defined in Exhibit F. tion of granting Lessee use of the Premises, Lessee must pay City a In n onsidera g g . , The fee is due and payable upon the City Council's final approval use fee of $100. of this Lea i Lease. This fee is in addition to any other use and permit fees required in this Lease, by City ordinance, or State law. Lessee must t to Marina rental fees of $00.01 per square foot per day for all Marina used on the Peoples ar�na a les Street T -Head (excluding areas covered by City � Page 4 of 21 leases to vendors). Also, Lessee must pay to Marina rental fees for in -water boat storage of exhibitor, patrol, medical, and media boats. The rental fees for in-water boat storage will be controlled and governed by separately executed agreements between Lessee and the Marina Superintendent. The Marino rental fees in this Section will be billed as an actual and direct cost under Section 7 of this Lease. However, in lieu of paying these Marina rental fees, Lessee shall pay to Marina the greater of: I ) $30000 or (2) 1 0% of the net profits from all events staged on the Premises, including but not limited to profits from entry fees, admission fees, concessions, and exhibitor contracts (including, but not limited to, boat slip fees). Net Profits is defined in the attached Exhibit F. (C) Lessee must pay a deposit of five thousand dollars ($5,000) at least one month in advance of the Event. If paid by check, the check must be a cashier's or certified check and must be made payable to the City of Corpus Christi. The deposit will be first used to reimburse the City for any costs incurred for trash pick-up, for the removal of any structures, or for repairs to City property; provided, however, City will attempt to provide Lessee with reasonable notification before these expenses are incurred to allow Lessee to provide the necessary corrective action at Lessee's cost. If none of these costs are incurred and actual and direct costs are paid as billed, the deposit will be returned to Lessee within ninety (90) days after the Event. (0) The parties agree to renegotiate the fees in 2010 for the future Events beginning with the 2011 Event. Section 7 Actual & Direct Costs; Payment; Late Payment Fee. (A) Lessee shall pay the City, within thirty (30) days after the City submits a bill, for actual and direct costs incurred by City for City services related to and rendered in connection with the Event, including any other City services provided by departments other than Parks & Recreation and Police. The Director shall bill Lessee for these costs within thirty (30) calendar days after the conclusion of the Event. The bill will contain a detailed and itemized listing of the City's charges for services rendered. Upon receipt of a written request from Lessee's Agent, the Director shall furnish reasonable supporting documentation of the charges within ten o calendar days of receipt of the request. Lessee's failure to pay City's bill within 30 days after submittal to Lessee shall result in a late payment fee being assessed against Lessee. The late payment fee shall be 5% of the amount due, as shown on City's bill, and this fee will be added to the amount payable to the City. (C) If there i$ a hurricane or other tropical storm occurrence in the local vicinity that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance level, the City Manager is authorized to adjust the billing of the City's actual and direct costs. Page 5 of 21 The City's actual and direct costs, incurred in assisting with the Event, may include, but are not limited to, the following: (1) Damages: Damage to City property as a result of the Event will be billed to Lessee at the cost of repair. Lessee will first be given an opportunity to repair any damage and restore damaged item, premises, or structure to the condition in which Lessee received it. (2) Clean Up and Litter Removal: Costs of labor contracted for clean -up during and after the Event, including any additional clean-up that is required by the Directors of relevant City departments at the conclusion of the Event, at applicable City rates for the year billed. Lessee will be given the opportunity to hire and work its own clean -up crew to perform dean up services and litter removal during and after the Event; (3) Security and Crowd & Traffic Control: Costs of City Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable City rates for the Police Officers assigned, and costs for additional directional signage, barricades, and cones or other supplemental traffic control devices, as well as the associated set -up costs, that are provided by the City. The Police Chief shall determine the number of officers needed for the Event, including during set -up and take down preparations, in the interest of public safety; and (4) Costs for all Marina utilities, including but not limited to electricity, water, and sewage disposal services, used by exhibitor boats at Marina and not paid for by exhibitors before Event is over. Costs for all Marina utilities, including but not limited to electricity, water, and sewage disposal services, used by Lessee or Lessee's agents at Marina and not paid for by Lessee or Lessee's agents before Event is over. (6) Costs for any other services requested by Lessee or Lessee's Agent and provided by the City. (5) Section 8 Emergency Contact Numbers; Notice. (A) Lessee shall provide emergency contact numbers to the City's Marina Superintendent and the Director at least one week in advance of the Event. (B) All notices, demands, requests, or replies provided for 'or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; by deposit with an overnight express delivery service, for which service has been prepaid; or, by fax transmission. Notice deposited with the United States Postal Service in the manner described above will ripipmpri pffw ti two ) business days after deposit with the United States Page 6 of 21 Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon transmission with proof of delivery to the receiving party. All these communications must be made only to the following: If to the City: Director of Parks and Recreation Peter Bryant City of Corpus Christi 201 Leopard Street, 76401 P.O. Box 9277, 78469-9277 Suite 2 Corpus Christi, Texas (361) 880 -3461 FAX (361) 880 -3864 If to the Lessee: M D Communica 'ons 180 S. Federal ighway 46 us 4:tw car:5 1+00 Delray Be: h, FL 33483 N Raica (561) 9 -04 F (561)279- 33 F� .X3408 cs-0.— 8141— gol E -mail SallyG @c texas.00m P ter @, . 13'13 --tic os -ram r Lea % Co Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten CIO) days after the address is changed. Section 9 Public Notices. Lessee shall, at its own expense, provide to the City's Marina Superintendent, for distribution to the public, Marina tenants, and commercial ial entities, public notices detailing the Event's scheduled activities. The notices shall be provided within ten (10) working days of the City Council's approval of this Lease. All postal expenses incurred by the City Marina in mailing notices for the Event will be billed to the Lessee under Section 7 of this Lease. Section 10 Temporary Street Closures. (A) Lessee must make application to and receive permission from the City for the temporary closure of any streets, in accordance with Chapter 49 of the Code. Lessee must comply with the application procedures, to obtain a permit for temporary street closures, that are contained in the Code, including application cut - off dates and permit fees. (B) Except as set out in the Code, Lessee must not obstruct or interfere with traffic on Shoreline Boulevard, either northbound or southbound, at any time during the term of this Lease. Page 7 of 21 }�y.} street closures require the approval f the City Council to confirm the closures. (C) Lessee acknowledges that the decision to confirm the closure of streets is ithin the sole discretion City f the Cit Council, acting upon the application, at the time the application is submitted. Section 11 Parkin. (A) Lessee shall provide parking and signage, for people with disabilities, in close proximity to the Event entrance and its related activities, as the areas are defined in the Premises maps (Exhibits A, B, C). .. a shall provide five parking passes, if passes are based on (B) in addition, Lessee p p C City's needs, for City p ersonnel scheduled to work during the Event. (C) Lessee must endeavor to include information on parking restrictions and parking options in printed pre -Event publicity generated by Lessee. Section 12 Barricades, Traffic Signs. Lessee shall provide, at its sole cost and expense, for the installation llation and maintenance of all required barricades, traffic signs, • and other traffic control devices for the safe control of signs to limit public viewing areas, • at, and external to, the Premises as set forth in the traffic vehicular and pedestrian traffic a , control plan approved by the Traffic Engineer for the Event. The Traffic Engineer may Lessee to provide temporary directional signage to the nearby require L p p .. , ed any street closures and traffic circulation around the attract�or�sfac�l�t�es affected by y Event. Section 13 Premises Signage and Advertising. All on- Premises signage and to utilize for the Event must receive the Director's prior advertising Lessee that � proposes written approval. Lessee r Lessee's Agent may request inflatable advertising for only those events that receive national television exposure. Section 14 Rest Rooms; First Aid; Drinking Water. Lessee shall provide functional and sanitary portable restroorn s including restrooms for people with special needs, and first aid stations, with drinking water, in both the viewing area of the Premises and on the Peoples Street T-dead in the Mari (e) Page 8 of 21 Insurance Policy insuring Volunteers, and (5) Workers' Compensation insurance; all required policies shall have the limits and requirements shown in the attached Exhibit E. The Certificate(s) of Insurance must be sent to the Risk Manager at least two (2) weeks prior to the starting date of the Event. The Certificate(s) of Insurance must provide at least thirty (3p) days written notice of cancellation, intent to not renew, or material change of any coverage required in Exhibit E. (C) Lessee shall provide copies of all insurance policies to the City Attorney upon the City Manager's written request. (D) Lessee shall require that any vendor that sells alcoholic beverages at the Event furnish proof of Liquor Liability insurance with the limits and requirements set out in Exhibit E. The Certificate(s) of insurance must be sent to the Risk Manager at least two (2) weeks prior to the starting date of the Event and must provide that the City receive at least thirty (30) days written notice of cancellation, intent not to renew, or material change of any coverage required in Exhibit E. Section 17 Indemnity. Lessee (lndemnitor") hereby agrees to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, agents, representatives, and servants (lndemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of persona! injuries (including, without Iimitation on the foregoing, workers' compensation, premises defects, and death claims), or property loss or damage of any kind whatsoever, which arise out of, are in any manner connected with, or are caused by, or are claimed to arise out of, are claimed to be in any manner connected with, or are claimed to be caused by, either proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Indemnitor, Indemnitors officers, employees, agents, representatives, servants, contractors, patrons, licensees or invitees entering upon the Premises (as described in Section 3 of this Lease) including, but not limited to, those portions of Shoreline Boulevard and adjacent portions of the road median, the Seawall, and the Marina, that are closed to participate in, hold, attend, or observe the Event and associated activities, with the expressed or implied invitation or permission of the !ndemnitor and including, but not limited to, exposure to the hazards commonly associated with large crowds, streets closures, th!rd-party food preparation and distribut!on, high speed boat racing, and excessive heat; or when any said injury or damage is the result, proximate or remote, of the violation by Page 9 of 1 Indemnitees or any of them, !ndemnitor, or any of Indemnitor's agents, representatives, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind; or when said injury or damage may in any other way arise from or out of the improvements located on the Premises, out of the use or occupancy of the improvements at the Premises, or of the Premises itself, by Indemnitees or any of them, Indemnitor, or !ndemnitar's officers, agents, servants, employees, contractors, patrons, guests, licensees, or invitees. The terms of indemnification are effective whether said injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, or any of them. Lessee covenants and agrees that it shall investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind from any of said liability, damage, toss, claims, demands, or actions. Section 18 Safety Hazards. (A) Lessee shall, upon written notice of an identified safety hazard by the Police Chief, the City's Fire Chief, Director, or Risk Manager, correct the safety hazard(s) within six hours of receipt of. the notification or, if a different response time is included in the notification received, within the time frame included in the written notice of safety hazard. (B) If Lessee or Lessee's Agent does not correct the safety hazard(s) within six hours or the time stated in the notification, as applicable, City may correct, or cause to be corrected, by any means reasonably available, the existing safety hazard and will bill Lessee for the associated cost of correction(s) as an actual and direct expense, in accordance with Section 6 of this Lease. Section 19 Damages to City Property. The iretor shall provide Lessee's Agent with a list of damages, if any, to City property ocated on the Premises within two working days after the close of the y ' � Event. Lessee shall restore all items on that list to their condition prior to the satisfaction of the City's Director of Engineering, within three (3) Event, to the ate y working days of receipt of the list. (B) If Lessee fails t o restore all items on the list, the Director may do so, or may cause the same to ne , and will bill Lessee for the restoration as an actual and direct cost, as set out in Section 6 of this Lease. Page 10 of 21 (C) Lessee or Lessee's Agent shall, upon conclusion of the Event, fill and compact all holes in grass areas of the Premises made by Lessee or any entity or person participating in the Event. The Director shall approve the use and type of fill material prior to filling by Lessee. Any subsidence within the Premises must be additionally filled by Lessee or Lessee's Agent. Section 20 Pavement, Curbs, Sidewalks, and Seawall. Any work that creates holes or other changes to the pavement, curbs, sidewalks, or Seawall requires the prior written approval of the Director and the City's Director of Engineering Services before the work is performed; provided however, that no approval shall be given if the work will require subsequent repairs by the City. Section 21 Permits. (A) Lessee shall obtain, and require that all vendors obtain, all permits applicable to the Event which may include, but are not limited to, the following: (1) a City-County Health Department permit for each booth selling food and all associated permits for food handling a Promotional Event Zoning Permit and a Temporary Structure Event Permit with a Certificate of Occupancy from the City's Building Inspections Department; a Street Closure Permit from the City's Traffic Engineering Department; a Special Event Alcohol Permit from the City's Park & Recreation reation Department; a Solicitation Permit from the City's Collection Department; Permit, as mandated by 33 J.S.C. Section (6) Regatta andr Marina Event � � 100, as amended from the City's Marina Superintendent; and a Helicopter Landing/Taking Off Permit from the City's Airport Manager Lessee must also obtain permission from the U.S. Coast Guard for use of the navigable waterways prior to the Event. (C) Lessee or Lessee's Agent must notify the Director, at least two weeks prior to the Event, of any a ial conditions imposed by any permitting agency or the J.S. Coast Guard upon Lessee, in relation to the Event. Section 22 Cleanup. Lessee shall require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals during the Event. Lessee may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. Page 11 of 21 ' e� after closing the Event performed hourly and immediat y The clean-up must be ' in trash bags provided . Aft trash cleaned up must be properly deposited each day by Lessee and taken to a location designated by Lessee. (B) hire work its n clean -up crew daring and after the Event. if the Lessee may I��re end v Director will give Lessee • ' i l clean-up is necessary, determines that add�t�ona p after the Director increase services and if, Agent two (2) hours nonce t � ctor ma or Lessee s g unsatisfactory, the Director may • the response time, the work remains the City's expiration of th the labor provided by � • City workers, rs , and the cost for t to authorize the use � � and direct cost pursuant t -u workers shall be billed to Lessee as an actual an ctea p Section 6 of this Lease. shall, at its sole cost and expense, Water Inlet Screens. Lessee storm Section 23 Storm tint Division, across all s the City's Storm Water Utility install screens, approved by closed streets in the Premises T-Head and within any clos 'nlets on the Peoples Street Lessee shall ensure water inlets � use period of this Lease. L the beginning of the exclusive u p nor to screens. Lessee shall Pr impeded the placement f the a is not blocked or 1p by i close of the went. that dra sure use period after the sans within the non-exclusive accumulated remove the cr with any trash that has must remove screens Sato � n of the #�o�nrever, lessee � �nniner�t, or upon the �rect�o over the screens) immediately if heavy rain is � Stormwater ater Su erintendent or designee. Section 24 Construction. ati etc., within the Premises or work for displays, s l ays , stages, electric ' l n The construction �o � ne with the City's building adjacent closed streets shaft be conducted in accordance and restrictions.. foreseen by City to cause damage • by Lessee that can be fore ' Construction requested y or with written assurance, ` (1) Lessee provides the Direct onl be authorized if Le e agrees to remedy shall only performed, that Lesse riot to the construction being p the Director pre- approves the construction in writing. ` riot written approval from Buildings. Lessee must receive p es. Section 25 Temporary 'cal ground of the Premises. ora buildings on the phys the Director to place any temporary s for the went shall be buildings moved onto the Precise Otherwise, all temporary 1� g placed and must remain on trailers to promote expeditious r emoval. • water service may not be Electrical Water Services. Electrical and Section 26 Lessee must apply for and secure a parts of the Premises. Les i • • provided on or at all p Building Inspection Division in • t Permit from the City's Temporary Promotional even Certificate of occupancy install electrical service for the Event. Furthermore, order to ins _services, such as focd, ord rs to have all temporary signed the proper �nspct it is the must be s� inspected and approved. I plumbing, teats and structures, insp ctr�cal ant to inspect and obtain ale inspector for an appointment ' ilst of Lessee to call each the went. responsibility the commencement of approval for each temporary service prior to Page 12 of 21 Section 27 Permissible Vendor Location Markings. No paint or semi-permanent nt that obliterate or deface any pavement markings, street curb markings will be permitted � � � ' heretofore existing for the guidance of motor vehicles or pedestrians. markings or signs g Chaik or tape markings s ma be used to pre-mark locations on the sidewalk or street. permitted in grassy markings will only be e y areas with the prior written approval of the Director. � Section 28 Resolution. The Cit y and Lessee agree that any disputes which may arise between them m concernin this Lease, such as determining the amount of damage to City prop e rty occurring as a result of the Event, must be submitted for determination and resolution, first to the Director, and thereafter by right of appeal to the decision of the City Manager may be appealed to the City Council City Manager. The d y � notice of appeal to the City Secretary within ten (10) days after the by giving written no pp � written decision City the Ct Manager has been received by Lessee. In the event of an appeal, the decision of the City Council will be final. This Lease in no way waives Lessee's right to seek other legal remedies during the appeal process. Section 29 Emergency Vehicle Lanes. Lessee shall, at all times during the Event .- use periods, maintain emergency vehicle lanes upon the Premises and non-exclusive p the City's Fire Chief. Lessee must ensure that ail emergency as may be designated � t vehicle lanes are kept clear of all obstructions. • Lessee may provide, at its sole expense, a temporary six foot (6') Section 30 Fence. less p � . link gates for access as shown on Exhibit A. The fence will help chain lir�fer�c, with . improve security, crowd control, litter control and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Section 31 Admission Fee. Lessee may charge arl admission fee within the fenced portion of the Premises as shown on Exhibit A. Section 32 olunteers . Lessee must require all volunteers who will participate in the Event to sign an accident waiver form, which will be maintained on file with Lessee. used Lessee shall be reviewed by the Risk Manager and The accident waiver form use by the City Attorney at least two (2) weeks prior to the Event. Section 33 approved � � Assignment. Lessee may not assign or transfer this Lease or sublease the whole or any part o f the Premises Without the prior written consent of the City Council. breach by Lessee of any covenant or condition contained in Section 34 Breach. brea . this terminate this Lease without notice or demand of any kind, this �' entitles the City � i or emit issued by the City, and no forbearance by the City notwithstanding any license o y of any prior breach by ch Lessee is a waiver by or estoppel against the City. Section 35 it of Lessee to Use Public Streets. Lessee acknowledges that the control and use of public streets is declared to be inalienable by the City, and, except for the use privilege granted in this document, this Lease does not confer any right, title, or „ � , 41.1 ri a if . nnriPrh1i in 1 Page 13 of Section 36 Right to Use Public Parks. Lessee acknowledges that the the City, and, except for i declared to be inalienable by use f public parks is decla i ht title, or control and � e does not confer any right, granted in this document, this Lease use privilege rare interest public the ublic property to Lessee. Lease may not be construed as i or Joint Venture. This Lea f , Section 37 Partnership jaint other relat�onsh�p • be artnershi , venture, or any or deer�ned by the parties o .. expense, or responsibility for City co-sponsor or incur any liability, expo which requires the city to c • .. , received from Lessee by associated activities. Payments r the conduct of the Event or a � as described in this City ion for the provision of the City services, the �� are compensation � • for the limited purpose use public property Lease, and for granting Lessee the right to � described. • This is between the City and Lessee • rat between Parties. This Lease Section 38 Agreement for the purpose of described herein and is not for the benefit of any third party or individual, City Services Subject to Appropriation. recognizes that the Section 39 ery se this Lease, are subject to the • provided the city, pursuant to th erv�ces agreed to be proved by continuation of any � process. The annual budget approval and appropriation p n �� �� ��ty annu City, which fiscal year ends July close of any fiscal year of the y, contract after the approval. The c�� does riot of to appropriations and budget app each year, is subject City the provision of services res required by the City for th p represent that the e�pend�tu said determination bey o ted future City Councils, required by this Lease will be d by � f each fiscal year reu y Council at the time of adoption o ' the sole discretion of the City • � services required by within fit for the provision of s e expenditures required by the � may if th � applicable fiscal year, then City � this adopted for the upcoming apply this Lease are not ad p the end of the current recourse Lessee, only at th to terminate this Lease, without re by applicable fiscal year Section 40 compliance with Laws Lessee must comply with all applicable Federal, State, and local o ver n nen t laws , ales, regulations, and ordinances which may be applicabl e to its operation at the Premises and its performance under this Le ase including, without limitation, as amended, All compliance Americans with Disabilities Act, compliance with the • sole expense and cost, section shall be at Lessee's e aired by Lessee under this se Charter. r � y is applicable provisions of the City �h is also subject applicabl This Lease � brow ht to enforce compliance with this Lease, or for if an action or proceeding is must pay the City the y covenants of this Lease, Lessee y failure to observe any of the covens ble as attorney's competent may adjudge reasons sum that a court rnp , appeal as allowed by an said proceeding, or in the event of an app fees�nsa�ct�onorpro is , if judgrnent rendered � favor f the Cit. a eti�ate court, �� a �� l> Page 14 of 21 Section 41 Interpretation; Venue. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. The parties agree that venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 42 Non-discrimination. Lessee warrants that they are and will continue to be an Equal Opportunity Employer. Lessee hereby covenants that all of its employees, pp artici p ants invitees, guests, and members of the public shall be treated equally without regard to or because of race, color, creed, national origin, ethnicity, sex, disability, or age and, specifically regarding the employer-employee relationship, in compliance with ail Federal and State laws prohibiting discrimination in employment. Section 43 Force Majeure. No party to this Lease will be liable for failures and delays in performance due to any cause or circumstance beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably p p sus affected. Section 44 Survival of Terms. Termination or expiration of this Lease, for any reason, shall not release either party from any liabilities or obligations set forth in this Lease that (a) the p artier have expressly agreed shall survive the termination or expiration, or remain to be erformed or by their nature �rould be intended to be applicable following the termination or expiration. Section 45 Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter. Section Captions. The captions employed in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 47 Entirety Clause. This Lease and the incorporated and attached Exhibits constitute the entire agreement between the City and Lessee for the use granted. All other promises and representations, oral or otherwise, unless contained in this Lease, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its Exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations that are the subject of this Lease. Section 48 Severability. It is the definite intent of the arties to this Lease that every section, paragraph, p . subdivision, clause, provision, phrase, or word hereof be given full force and effect for subd � � r �p . . its purpose. Therefore, if any section, paragraph, subdivision, clause, provision, phrase, p p y or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final irinmont , iir f nrgyinetent iuri di tion. then the remainder of this Lease, or the Page 15 of 21 circumstances other than those to application of said term or provision persons or � ap1� affected hereby. which it is held illegal, invalid, or unenforceable, will not be a • 1 invalid, or unenforceable under any clause or provision is held illega , To the extent that the remainder f this effective during the term of this Lease, then regent or future lave effeo� .. clause p in lieu of each illegal} invalid, or unenforceable Lease is not affected thereby; and . Le w ! � - ' terms to the illegal, invalid, or iorr a clause or provision, as similar in or proves .. possible and be legal, valid, and unenforceable clause or provision as may be po enforceable, will be added to this Lease automatically. Section 49 Marina Sale or Lease; Lease Assignment If the Marina is sold or leased to another operator, the operator shall be bound by all provisions of this Lease. City franchise or lease of property of Article IX of the City Charter, "No fra �lnder�et�on�4�rt tihthe�provalof City the holder [Lessee] thereof except the art shall be transferred F onb� the Council expressed by ordinance, which approval shall not be unreasonably withheld." Page 16 of 21 SIGNED IN DUPLICATE, each of which shall be considered an original, on this the , 2007. ATTEST: CITY OF CORPUS CHRISTI -- i George K. floe, City Manager Armando �hapa, ��t Secretary APPROVED AS TO LEGAL FORM: Lisa filar, Assistant City Attorney For City Attorney STATE of TEAS COUNTY OF NUECES This instrument was acknowledged before ye on ��t Manager of the George Noe, oe, or his designee, , ti said municipal corpora�on, on baba City of Corpus Christi, a Texas home-rule corporation. Notary Public, State of Texas Printed name: Commission expires: Page 17 of 21 LESSEE: MMD COMA1ONS , , Signature: Printed Name: Peter Bryant Title: President Date: STATE OF FLORIDA § COUNTY OF .,� t_ , 2007, by This instrument was acknowledged before me on � Peter Bryant, President of MMD Communications, a Florida corporation, on behalf of said corporation. tart' Public, State of Florida Printed name: V(IN, Commission stio expires: :1 2 1 •P•.•■•■•■IN ••■.• •■••• 3 2 s • • f.;777:1,7-7 11L !M„ oiAr-n-truiilowirmrintimirmni =), ED 7) :=:› AmericanBank Pmetri. Texas Internatiotial Boat Show -t COZPLIS CHOSTI DoWisfroWN 14A R1NA CffY OF CORMS diRrSTI TEM5 APRFL 24 - 2• , Page 18 of 21 EXHIBIT D TEXAS INTERNATIONAL YACHT & JET P YEAR PERIODS 4 DAY EXCLUSIVE 2007 6:00 . Thursday, Apr. 26, � 12:01 Apr. 23, 2007 : a.m. thru p.m. Monday, Apr, 30, 2007 thru 6:00 p.m. Su ed y, Apr. 29, 2007 • , thru 6:00 p.m. Monday Air. 28, 2008 (10 2008 Exclusive Use Period: 12 :01 a.m. Sat. Apr. 19, 2 day exclusive use period). Use Period: '12: 1 a.m. Sat. Apr. thru p.m. Monday . (10 �-��I� Exclusive l� day exclusive use period) 2013-17 Exclusive 12:01 thru 6:00 p.m. Monday . (10 Use Period: 2 :01 a.m. Sat. Apr. } day exclusive use period) Page 19 of 21 EXHIBIT E I. INSURANCE 1_,_,_2.1.-.-CIUIREIVIENTS i d and � required herein has �n obtained work under this Lease until all insurance q t commence A. Lessee must not commence the City, The Lessee must not allow any subcontractor insura�noe has been approved by f suet w subcontractor has been obtained. B. work until all sirnilar insurance required of the of Insurance, showing the following Manager, two (2) copies of Certificat ust be r� r ed a are Lessee must urn�sln t the Rest I to the Risk Manager. The City an acceptable fable coverage by insurance comp of subrogation is required on all app minimum policies, and a blanket waiver additional insured for all liability � policies. TYPE OF INSURANCE 30-Day Notice of Cancellation, non - renewal, material change or termination required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury LIQUOR LIABILITY alcohol 1. Vendors providing and/ or selling AUTOMOBILE LIABILITY -- Owned, In- owned or rented vehicles delivering tents, 1. Contractors & Subcontractors deli stews, bleachers, temporary structures and other large items 2. Lessee workers and volunteers WORKERS' COMPENSATION EMPLOYERS' LIABILITY ACCIDENT POLICY FOR VOLUNTEERS MINIMUM INSURANCE F ANCE COVEI AGE Bodily Injury and Property Damage 000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT 000 COMBINED SINGLE LIMIT AT A MINIMUM , STATUTORY LIMITS of $20,000 / $40,000 or BODILY INJURY & $15,000 for PROPERTY DAMAGE Reared if Lessee employs any person other than himself /herself: WHICH COMPLIES LI ES W1TH THE TEXAS �JOWHICH 00� I•-1! OF COMPENSATION 1 ACT AND PARAGRAPH THIS EXHIBIT $100,000 MEDICAL PAYMENTS per PERSON ,000 IVIED $10,000 DEATH or DISMEMBERMENT per PERSON C. Frith co ies of all reports of such the event of accidents of any kind, Lessee must furnish the Risk Manager p �n accidents within ten (10) days of the accident. International Yacht & Jet Plane Show ins. req. 12-16-05ep Risk Mgmt Page 20 of 21 H. ADOMONAVIENTS licensed insurance company rn en tion coverage through n on poll and A. Lessee must obtain workers' � � ct for coverage must be �rr�tt 1 accordance with Texas law. The oon re r`an The workers' compensation obtained in the Texas Department f Insurance. approved by .. that all workers' compensation endorsements dep in an amount sufficient to ensure coverage provided rust- be in • incurred by the Lessee will be promp tl met. obligations B. Certificate of Insurance: • additional insured on the liability i must be named as an adds is required on all The City of Corpus rest if waiver of subrogation �s � o nation coverage and blan coverage, � applicable policies. • D farm, the cancellation bus are uses the standard ACS i� ��be,� and If your insurance comp wording "changed or betty "left". In t be amended by adding the wording after (bcttom right) ants "endeavor to" and deleting .the addressing the "canceled", and deleting the words, policy endorsements oa agate p 'y lieu o f modification of the ACORD form, sap same substantive requirements are mandatory. • • ire move-in and move out cl din exact dates including Vehicles/ ut The name the event, �� Operations/ Locations � Special dates shall be shown under tl�e Dscrtption p Items. er and Parks and Recreation written notice to the Risk ianag required. • At minimum, a 30 -day � termination or cancellation � Director of material change, r�on�renwa , c of the coverage required by does not show on its face the existence must required a f the Certificate of Insurance doe tati of the insurance company �� � (1)-(7) , an authorized rpi'een sterns '1.6 are included or excluded. letter specifically stating whether items 1.B. (1)-(7) International tional Yacht & Jet Plane Show ins. req. 12-16-05ep Risk Mgmt Page 21 of 21 Exhibit F The following May 24, 2006 e-mail from Peter Bryant to Doyle Curtis (with minor revisions by ole Curtis) shall be used in defining Net Profits" as used in this Lease: "Peter @bellsouthmet> 0 2 0 5:28:51 P M Peter Bryant b any �- "Dear Doyle, • is � interpretation of net profit for purposes of the ollowin s [Peter Bryant s] interpret The f contracts for the boat show. is generated from slip sales, exhibit booth Gross revenue the total amount of revenue gen sales hard standing area space saes, sponsorship sales, concession sales, ticket sales, etc. • revenue minus the cost to generate this revenue le Gross profit is equal to gross r commissions and salaries. • costs associated with the staging of the profit is equal to gross profit minus all other co l`e fro event le tent rental, salaries, telephone, hotel costs, catering costs etc, figure $25,000 or � g °� of net profit, l wouid have n problem with establishing a base whichever is greater. Please give me a call. With best regards Peter Bryant Texas international Boat Show" inc ct Page 1 of 21 2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW LEASE AGREEMENT (With Two 5 Yr Renewals: 2008 -12 & 2013 -17) BETWEEN THE CITY OF CORPUS CHRISTI AND MMD COMMUNICATIONS THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF NUECES This lease agreement ('Lease') is entered into by and between the City of Corpus . rule municipal or oration ('City"), acting through its duly �l�rsti} Teas tine ru l authorized City Manager or his designee ("City ana er" , and MMD Commuriicatiofls ('Lessee') , a Florida corporation, NOW, THEREFORE, City n d Lessee consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation (B) City Attorney means the City's Attorney or the City Attorney's designee (C) City Council means the City's City Council (D) City Manager means the City's Manager or the City Manager's designee (E) Code means the City's Code of Ordinances, as amended (F) Director means the City's Director of Parks and Recreation or the Director's designee (G) Event means the Texas International Yacht & Jet Plane Show conducted and sponsored by Lessee. (H) Lease means this agreement and all Exhibits and attachments (l) Lessee means MMD Communications ("Lessee "), a Florida corporation organizing and managing the annual Texas Interriational Yacht & Jet Plane Show Lessee's Agent means a duly authorized representative of MMD Communications :1DO U E -1111 a.A LO AL —1Vrempl clntiNac Liet.Lease. enew anuaE 10 2008 cdean.do Page 2 of 21 (K) Marina means the City's Municipal Marina (L) Police Chief means the City's Police Chief or the Police Chief's designee (M) Premises means the site for the Event, more fully described in the attached Exhibits A, B, and C that are incorporated by reference in this Lease as if fully set out in their entirety Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee Traffic Engineer means the City's Traffic Engineer or the Traffic Engineer's designee Section 2 Term; 8 Days in April 2007; Two 5 Year Renewals; Effective Date. (A) 8 Days in April 2007 This Lease is for a term of eight days, beginning on April 23, 2007 at 1 2:01 p.m. Lessee shall be entitled to non - exclusive use, for the purpose of set -up and take-down preparations, of the Premises for a period of eight consecutive days, from April 23, 2007 at 1101 p.m. through April 30, 2007 at 6:00 p.m.; .and to the exclusive use of said Premises for a period of up to four days from April 26 2007 at 6:00 am through April 29, 2007 at 6:00 p.m. Two Year Renewals City Manager shall renew this Lease for a term of ten (10) days in April 2008-12 if City Manager finds that the 2007 Event is successful for City. Further, City Manager shall renew this Lease for a term of ten (10) days in April 2013 -17 if City Manager finds that the 2012 Event is successful for City. The Use Periods for 2007 and the projected Use Periods for 2008 -12 and 2013 -17 are shown in the attached Exhibit D. (C) Effective Date This Lease is effective on the day of , 2007. (As required by City Charter, the effective date is the 1 day after the adoption by City � t 1 Council on second and final reading of the ordinance authorizing the execution of this Lease.) Section 3 Premises. The City grants to Lessee the privilege of using the following described City property to conduct the Event: (A) Peoples Street T- Head; Shoreline This includes the entire Peoples Street T -Head in the Marina, including boat slips and other amenities, except for areas under lease by the City and except for areas which may be leased in the future by the City for construction of stand -alone building in the Peoples Street T- Flead. The Shoreline Premises include the northbound lanes of East shoreline Boulevard (ESB) from the south right -of -way of Schatzell St. S ha zel to the north right-of- way of Taylor Street, including median and crossover areas within the above area subject to the restriction in Section of this Lease. This area is more fully detailed in the attached Exhibit A. (Lessee must at all times keep an D:\DO UME- 1\lisa 1LO AL —1\TemplTxinhl.Yacht,let.Le se.Rene .Januar 10 2008 clean.doc Page3of2 pavement corridor at least eighteen (18) feet �nrlde on the nostrot side of ESB from Schatzell to Taylor Street for emergency vehicle use.) - � Street T-Head will be removed Freda All Marina tenant boats in the P le .m. A - include fenced -gin portions of the event (B) Fenced Premises The Fenced Prerrr�s • attached Exhibit Note: This This area is more fully detailed in the attach Premises. � lots adjacent to include the American can Bank Center or parking Lease does not ono • • • covered under a Center. Use of any of these facilities will be c the American Bank separate agreement, that is executed between the City and Lessee, if this use is determined to be necessary by Lessee. . - Note: This Lease does not include the Airport Premises; Separate Lease(s) �� (C) + , . ��A�r o for the Static • Christi International Airport facilities at the Corpus Ai • reraft/Jet Plane Show and the Classic Cars Show. Use of any of these • more separate agreements, Boot facilities r�l! be covered under one or between the Lessee and City i andlor Tenants at the Airport, if this use is determined to be necessary by Lessee. closure process, outlined ned by the Traffic (0) Street closure Areas The street ci this , ' and further described in Section 10 of this Lease, will govern all street Engineer closures. Street closure areas are shown in the attached Exhibit , Section 4 Other Areas; Other Use of Premises. . al City-owned areas requires prior written (A) Requests by Lessee for use of additional approval from the Director. ` apparatus connected with the Event may be (B) concession stand, ride, or other app , * Premises along Shoreline in n the grass or shrubbery areas within th placed �n r o lard, without the prior vritten permission of the Director. At least two weeks prior to the went, Lessee or Section Event Layout Diagram. showing Lessee Agent must provide the Director with a detailed diagram (Exhibit C) sh ` ' the final Event layout and including all related activit ies. Layout of the Event is subject to the approval of the Director. Section Fees; in Lieu f Marina Rental Fees, Marina Receives Greater of: $30,000 or 10% of Net Profits, as defined in Exhibit F. • of the remiss: Lessee must pay City a In consideration of granting Lessee use . , , City Council's final approval The fee is due and payable upon the t use fee of $100. of this Lease. This fee is in addition to any other use and permit fees required in this Lease, by City ordinance, or State lave. per square foot per day for all must pay to Marina rental fees of $ o. 1 p Lessee m � � Marina areas covered by City on the Peoples Street T -Head (excluding Marina areas used CADOCUME-llisaMLOCALS-1\TempUxintlYachtietlease.Renew.Janualy 10 2008 clean.doc Page 4 of 21 leases to vendors). Also, Lessee must pay to Marina rental fees for in -water boat storage of exhibitor, patrol, medical, and media boats. The rental fees for in -water boat storage will be controlled and governed by separately executed agreements between Lessee and the Marina Superintendent. The Marina rental fees in this Section (B) will be billed as an actual and direct cost under Section 7 of this Lease. However, in lieu of paying these Marina rental fees, Lessee shall pay to Marina the greater of: 1 $30,000 or (2) of the net profits from all events staged on the Premises, including but not limited to profits from entry fees, admission fees, concessions, and exhibitor contracts (including, but not limited to, boat slip fees). Net Profits is defined in the attached Exhibit F. Each annual payment for Marina rental fees is due within 30 days after end of each exclusive use period for that year. Lessee must furnish City certified statements showing Net Profits as defined above. Such statements shall be certified by the Lessee to be true and correct. The form of such statements shall be prepared in accordance with generally accepted accounting procedures and practices in a form prescribed by the Director of Finance. All underlying documentation for the certified statement including receipts shall be preserved by Lessee for at least five years. Lessee must pay a deposit of five thousand dollars ($5,000) at least one month in advance of the Event. If paid by check, the check must be a cashier's or certified check and must be made payable to the City of Corpus Christi. The deposit will be first used to reimburse the City for any costs incurred for trash pick-up, for the removal of an y structures, or for repairs to City property; provided however, City will attempt to provide Lessee with reasonable notification before these expenses are incurred to allow Lessee to provide the necessary corrective action at Lessee's cost. If none of these costs are incurred and actual and direct costs are paid as billed, the deposit will be returned to Lessee within ninety (90) days after the Event. (D) The parties agree to renegotiate the fees in 2010 for the future Events beginning with the 2011 Event. Section 7 Actual & Direct Costs; Payment; Late Payment Fee. Lessee shall pay the City, within thirty days after the City submits a bill, for actual and direct costs incurred by City for City services related to and rendered in connection with the Event, including any other City services provided by departments other than Parks & Recreation and Police. The Director shall bill Lessee for these costs within thirty (30) calendar days after the conclusion of the Event. The bill will contain a detailed and itemized listing of the City's charges for ervices rendered. Upon receipt of a written request from Lessee's Agent, the Director shall furnish reasonable supporting documentation of the charges within ten calendar days of receipt of the request. Lessee =s failure to pay City =s bill within 30 days after submittal to Lessee shall result in a late payment fee being assessed against Lessee. The late payment fee shall be CADOCUME-1VisaAILOCALS-11TemplThintLYachtiet.Lease.RenewJanual 10 2006 dean.doc Page 5 of 21 ' this will be added to the �ofter�n amount due, as shown on City 's bill, amount payable to the City. occurrence in the local vicinity that is a hurricane or other tropical storm o in {� If there the Event more than 50% ' Event or that reduces attendance at eliminates the authorized to adjust the attendance level, the city Manager is frorr� the prior year's . ' f the City's actual and direct costs, billing t the City's actual and direct costs, incurred in assisting with the Event, may include, ` de but are not limited to, the following, Damages: Damage to City property as r esult of the Event will be billed to • � be given an opportunity to repair the cost of repair. Lessee will first Lessee at th � structure to the restore damaged item, premises, r str any damage and rest g condition in which Lessee received it. and Litter Removal, Costs of labor contracted for clean-up during (2) Clean . � � clean-up that is required by the Event, including any additional cl p and after the of the event, at • relevant City departments at the conclus ion Directors of �eie � opportunity year billed. Lessee will be given the p y applicable City rates for the litter lip perform clean up services and hire and work its own clean -up crew to p t her emoal during and after the Event} ' Costs of City Police officers provided 't and Crowd & Traffic Control: cost � Security i off-site traffic control, at crowd control, traffic control, and , . for security, d and costs for additional applicable City rates for the Police Officers assigne , appl�c t supplemental traffic • e barricades, and cones or other sups directional s�gnag � that are provided by as well as the associated set-up costs, control devices, number of officers needed for • Police Chief shall determine the numb tine City. The Pti�c in the interest including during set-up and take down preparations, the Event, �nclu�r�g f public safety; and • • � + � not limited to electricity, water, and s for all Marina utilities, including but n �4 Costs sewage disposal services, used by exhibitor boats at Marina and not paid for b y exhibitors before Event is over. ... not limited to electricity, water, and for all Marina utilities, including but no . Costs Lessee's agents at Marina and al services, used by Lessee or g sewage duo not paid for by Lessee or Lessee's agents before Event is over. for any other services requested by Lessee or Lessee's Agent and Costs � provided by the City. Section 8 Emergency Contact Numbers; Notice. contact numbers to the City's Martina Lessee shall provide emergency c the Event. 5 rl week in advance of t dupe rintendet and the Director at least one (1) (5) 1D UME -1 Vi a 1L L — 1\TempVi intiNachtiet.l.ease. a ewJanuar 10 2008 clean.doc Page 6of21 ' requests, or replies provided for or permitted, under this All notices, demands, q t Lease, by either party must be in writing and must be delivered by one of the • (1) personal delivery; by deposit with the United States following methods: by r ' nested postage Postal Service as certified or registered mail, return receipt requested, (3) telegram; deposit with an overnight express delivery prepaid; by prepaid � by (5) transmission. Notice ' fax tra service for which service has been prepaid; or, b • with States Postal Service in the manner described above will deposited �� the noted state ' two business days after deposit with the United States be deemed effective Postal Service. Notice by tele ram or overnight express delivery service will be deemed effective one business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon transmission sion with proof of delivery to the receiving party. Alt these communications must be made only to the following: If to the C Director of Parks and Recreation City of Corpus Christi 1201 Leopard Street, 78401 P.O. Box 9277, 78469 -9277 Corpus Christi, Texas (361) 880-3461 FAX (361) 880 -3864 E-mail SallyG @cctexas.cor if to the Lessee: Peter Bryant MMD Communications 618 US Hwy 1 Suite 400 N. Palm Beach, FL 33408 (561) 842-8808 FAX (561 ) 840-1323 Peter@Txint1BoatShow.com • address to which notice is sent by using a method set out Either party may change the above. Lessee shall notify the City of an address change within ten 10 days after the address is changed. • Lessee shall at its own expense, provide to the City's Section Public Notices. Le • distribution to the public, Marina tenants, and commercial Marina Superintendent, for d�str�b . , • ' the Event's scheduled activities. The notices shall be entities, public notices detailing th ' (10) days of the �i council's approval of this Lease. Alt provided within ten working day City ` ' for the Event will be postal expenses incurred by the City Marina in mailing notices billed to the Lessee under Section 7 of this Lease. Section 10 Temporary Street Closures. CAD IVIE- 1\11sa 1LO L — 11Tempgxint` a ht,,let.Lea e. tens ., anuary 10 2008 clean.doc Page 7 of 21 Lessee must make application to and receive permission from the City for the r tem ore closure of any streets, in accordance with Chapter of the Code. temporary Lessee must comply with the application procedures, to obtain a permit for temporary street closures, that are contained in the Code, including application cut- off dates and permit fees. Except as set out in the Code, Lessee must not obstruct or interfere with traffic on Shoreline Boulevard, either northbound or southbound, at any time during the term of this Lease. All street closures require the approval of the City Council to confirm the.olosures. Lessee acknowledges that the decision to confirm the closure of streets is within the sole discretion of the City Council, acting upon the application, at the time the application is submitted. Section 11 Parking. Lessee shall provide parking and signage, for people with disabilities, in close proximity to the Event entrance and its related activities, as the areas are defined in the Premises maps (Exhibits A, B, C). In addition, Lessee shall provide five parking passes, if passes are based on City's needs, for City personnel scheduled to work during the Event. Lessee must endeavor to include information on parking restrictions and parking options in printed pre -Event publicity generated by Lessee. Section 12 Barricades, Traffic Signs. Lessee shall provide, at its sole cost and expense, for the installation and maintenance of all required barricades, traffic signs, signs to limit public viewing areas, and other traffic control devices for the safe control of � g vehicular and p edestrian traffic at, and external to, the Premises as set forth in the traffic control pp lan approved by the Traffic Engineer for the Event. The Traffic Engineer may p require Lessee to roide temporary directional signage to the nearby attractions /facilities affected b y any street closures and traffic circulation around the Event. Section 13 Premises Sign age and Advertising. All on- Premises signage and advertisin g that Lessee proposes to utilize for the Event must receive the Director's prior written approval. Lessee or Lessee's inflatable Agent may request nflatable advertising for only those events that receive national television exposure. Section 14 Rest Rooms; First Aid; Drinking kin Water. Lessee shall provide functional r and portable ortable restrooms, including restrooms for people with special needs, and first aid stations, with drinking water, in both the viewing area of the Premises and on the Peoples Street T -Head in the Marina. Alt of the aforementioned items shall be provided throughout the duration of the Event. D:ID llll E - 1\lisa I LOCALS -11` ernp7xintl.` a htJ t.L ase.R new.,lanuar 10 2008 clean.doc Page 8 of 21 Section 15 Additional Security. Lessee must separately contract and pay for any additional security, such as daily re and post - Event public viewing hours and night watch security, that Lessee deems necessary in the crane and patrol boat dock areas. If this security is provided by City's Police Officers, the expense will be billed to Lessee as an actual and direct cost in accordance with Section 6 of this Lease. Section 16 insurance. Lessee shall secure and maintain, at Lessee's sole expense during the term of this Leas (1) a Commercial General Liability insurance policy, (2) a Liquor Liability insurance policy, (3) an Automobile Liability insurance policy, an Accident Insurance Policy insuring Volunteers, and (5) Workers' Compensation insurance; policies required oli ie shall have the limits and requirements shown in the attached � Exhibit E. (B) The Certificate(s) of Insurance must be sent to the Risk Manager at least two (2) weeks prior to the starting date of the Event. The Certificate(s) of Insurance must provide at least thirty (30) days written notice of cancellation, intent to not renew, or material change of any coverage required in Exhibit E. (C) Lessee shall provide copies of all insurance policies to the City Attorney upon the City Manager's written request. (D) Lessee shall require that any vendor that sells alcoholic beverages at the Event furnish proof of Liquor Liability insurance with the limits and requirements set out in Exhibit E. The Certificate(s) of insurance must be sent to the Risk Manager at {east two (2) weeks prior to the starting date of the Event and must provide that the City receive at least thirty (30) days written notice of cancellation, intent not to renew, or material change of any coverage required in Exhibit E. Section 17 indemnity. Lessee ("lndemnitor") hereby agrees to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, agents, representatives, and servants (lndemnitees") against any and all llabillty, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without Iimitation on the foregoing, workers' compensation, premises defects, and death claims), or property loss or damage of any kind whatsoever, which arise out of, are in any manner connected with, or are caused by, or are claimed to arise out of, are claimed to be in any manner connected with, or are claimed to be caused by, either proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Indemnitor, Indemnitor's officers, employees, agents, representatives, servants, contractors, patrons, licensees or invitees entering upon the Premises (as described in Section 3 of this Lease) including, but not C:IDOCUNIE-111isaAILOCALS-1\TempAMIntlYathtlet.Lease.Renew.January 10 2008 clean.doc Page 9f21 Iim!ted to, those portions of Shoreline Boulevard and adjacent portions of the road median, the Seawall, and the Marina, that are closed to participate in, hold, attend, or observe the Event and associated activities, with the expressed or implied invitation or permission of the indemnitor and including, but not limited to, exposure to the hazards commonly associated with large crowds, streets closures, third -party food preparation and distribution, high speed boat racing, and excessive heat; or when any said injury or damage is the result, proximate or remote, of the violation by Indemnitees or any of them, Indemn!tor, or any of Indemn!tor's agents, representatives, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind; or when said injury or damage may in any other way arise from or out of the improvements located on the Premises, out of the use or occupancy of the improvements at the Premises, or of the Premises itself, by Indemnitees or any of them, Indemnitor, or Indemnitor's officers, agents, servants, employees, contractors, patrons, guests, licensees, or invitees. The terms of indemnification are effective whether said injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, or any of them. Lessee covenants and agrees that it shall investigate all claims and demands, attend to their settlement or other d!sposition, defend all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind from any of said liability, damage, Loss, claims, demands, or actions. Section 18 Safety Hazards. (A) Lessee shall, upon written notice of an identified safety hazard by the Police Chief, the City's Fire Chief, Director, or Risk Manager, correct the safety hazard(s) within six hours of receipt of the notification or, if a different response time is included in the notification received, within the time frame included in the written notice of safety hazard. (B) If Lessee or Lessee's Agent does not correct the safety hazard(s) within six hours or the time stated in the notification, as applicable, City may correct, or cause to be corrected, by any means reasonably available, the existing safety hazard and will bill Lessee for the associated cost of correction(s) as an actual and direct expense, in accordance with Section 6 of this Lease. Section 19 Damages to City Property. C:\DOCUME—lqisaPALOCALS-1YrempkThIntlYactiLlet.Lease.Renew.January 10 2008 clean.do (g) (C) Page 10 of 21 The Director shall provide Lessee's Agent with a list of damages, if any, to City property located on the Premises within two (2) working days after the close of the Event. Lessee shall restore all items on that list to their condition prior to the Event, to the satisfaction of the City's Director of Engineering, within three (3) working days of receipt of the list. If Lessee fails to restore all items on the list, the Director may do so, or may cause the same to be done, and will bill Lessee for the restoration as an actual and direct cost, as set out in Section 6 of this Lease. Lessee or Lessee's Agent shall, upon conclusion of Event, fill and compact all Le holes in grass areas of the Premises made by Lessee or any entity or person participating in the Event. The Director shall approve the use and type of fill material prior to filling Lessee. Any subsidence within the Premises must be additionally filled by Lessee or Lessee's Agent. Section 20 Pavement, ent` curbs, Sidewalk s, and Seawall. Any work that creates holes 7 or other changes to the pavement, curbs, sidewalks, or Seawall requires the prior written approval of the Director and the City's Director of Engineering Services before the performed; p he work is erformed� provided however, that no approval shall be given if the work will require subsequent repairs by the City. Section 21 Permits. Lessee shall obtain, and require that all vendors obtain, all permits applicable to the Event which may include, but are not limited to, the following: (1) a City-County Health Department permit for each booth selling food and all associated permits for food handling a Promotional Event Zoning Permit and a Temporary Structure Event Permit with a Certificate of Occupancy from the City's Building Inspections Department; a Street Closure Permit from the City's Traffic Engineering Department; a p e ial Event Alcohol Permit from the City's Park & Recreation Department; a Solicitation Permit from the City's Collection Department; a Regatta ardor Marina Event Permit, as mandated by 33 U.S.0 Section 100, as amended, from the City's Marina Superintendent; and a Helicopter Landing/Taking Off Permit from the City's Airport Manager Lessee must also obtain permission from the U.S. Coast Guard for use of the navigable waterways prior to the Event. :1D U E- 1‘lisaA1LO L - 1ITemp\MIntlYachtJet.Lease. ere .Januar 10 2008 dean. di Page 11 of 21 • least two weeks prior to the Agent must notify the Director, at (C) Lessee or Lessee's Age .. iagency or the U.S. ' imposed by any permit of any special conditions imp event, � � t. Coast Guard up i n Lessee, n relation to th e even • beverage vendors to clean Lessee shalt require all food and intervals 22 Cleanup. Less regularly scheduled �r�ter�ral to their respective booths at reg es� Hated zone adjacent t less than � feet by ' the event. Lessee may designate the zone, but it will not be during 2 immediate in the e ediate area around each food and beverage booth. The immediately after closing the Event performed hourly and mmed h n must ut b pe i �ted �n trash bags provided must be properly deposited All trash cleaned r � � each day. by Lessee and taken to a location designat ed by Lessee. . during and after the Event if the work its own clean -up crew dur� • (B) Lessee may hire and � erector will give Lessee • ' clean-up is necessary, ' determines that additional � Director . increase services and if, after the Agent two (2) hours notice to incre for a or Lessee ins unsatisfactory, the Director may the response time, the work rem expiration of the labor provided by the cat' rovers, and the cost for th authorle the use of City clean-up workers shall .be billed to Lessee as an actual an d direct cost pursuant to Section 6 of this Lease. at its sole cost and expense, Storm Water Inlet screens. shall, Section 23 eta Lessee shall l�tyli division, across all storm install the City's Storm Water Utility . Il screens, approved by t is in the Premises �nsta � d within any closed stree ' the Peoples Street � -road and this ensure water inlets on of this Lease, Lessee shall e ' of the exclusive use period o prior to the beginning the screens. Lessee shall impeded the placement of that drainage is not blocked or imp by close of the Event. th ive use period after the ci screens within the non-exclusive accumulated remove the with any trash that has cu must remove screens (along the However, Lessee rain or upon the direction of th ediatel if heavy rain is imminent, over the screens} immediately Stormwater rater Su p erintendent or designee. Section 24 construction. (A) `t electrical, etc. within the Premises or work for displays, stages, The construction in accordance with the City's building acc adjacent closed in streets shall be conducted codes and restrictions. requested Lessee that can be foreseen by pity to cause damage Construction red by � Director with written assurance, if Lessee provides the shall only be authorized if i � agrees to remedy y ern performed, that Lessee e prior to the - construction being Director pre- approves of this Lease; and (2) the � said damage �n accordance with Section 1 g app pro ves the construction in writing. Lessee must receive prior written approval from Section Ter�nrry Buildings. the Director to place any temporary buildings on the physical ground of the he Prentise s. ti . Otherwise, all temporary ors r buildings moved ont o the Premises for the eve nt shall be ditious re moval. placed and must remain on trailers to promote expe (B) :1DOCUM -- 1lllsaAlLOC L —11TernpVixi nti.Ya h#Jet.Lease. ene .Januar 10 2008 cl Halo Page 12 of 21 Section 26 Electrical & Water services. Electrical and water service may not be provided on or at all parts of the Premises. Lessee must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspection Division in order to install electrical service for the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, electrical, plumbing, tents and structures, inspected and approved. It is the responsibility of Lessee to call each inspector for an appointment to inspect and obtain approval for each temporary service prior to the commencement of the Event. Section 27 Permissible Vendor Location Markings. No paint or semi- permanent markings will be permitted that obliterate or deface any pavement markings, street curb markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. Painted markings wilt only be permitted in grassy areas with the prior written approval of the Director. Section 28 Dispute Resolution. The City and Lessee agree that any disputes which may arise between them concerning this Lease, such as determining the amount of damage to City property occurring as a result of the Event, must be submitted for determination and resolution, first to the Director, and thereafter by right of appeal to the City Manager. The decision of the City Manager may be appealed to the City Council by giving written notice of appeal to the City Secretary within ten (1 0) days after the written decision of the City Manager has been received by Lessee. In the event of an appeal, the decision of the City Council will be final. This Lease in no way waives Lessee's right to seek other legal remedies during the appeal process. Section 29 Emergency Vehicle Lanes. Lessee shall, at all tines during the Event and non - exclusive use periods, maintain emergency vehicle lanes upon the Premises as may be designated by the City's Fire Chief. Lessee must ensure that all emergency vehicle lanes are kept clear of all obstructions. Section 30 Fence. Lessee may provide, at its sole expense, a temporary six foot (6') chain link fence, with gates for access as shown on Exhibit A. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Section 31 Admission Fee. Lessee may charge an admission fee within the fenced portion of the Premises as shown on Exhibit A. Section 32 Volunteers. Lessee must require all volunteers who will participate in the Event to sign an accident waiver form, which will be maintained on file with Lessee. The accident waiver form used by Lessee shall be reviewed by the Risk Manager and approved by the City Attorney at least two (2) weeks prior to the Event. Section 33 Assignment. Lessee may not assign or transfer this Lease or sublease. the whole or any part of the Premises without the prior written consent of the City Council. CADOCUME-1\lisaA‘LOCALS-1\TernOMIntlYachtJellease.Renew.January 10 2008 ciean,doc Page 13 of 21 Breach. Any breach by Lessee f any covenant r condition contained in Section 34 ire notice or demand of any lire, i City to terminate this Lease without this Lease entities the � � forbearance the City • permit issued the City, and no for notwithstanding any license or perr�n by is a w of any p rir breach Lessee � ' leer by r estoppel against the City. . Streets. Lessee acknowledges that the • Right of Lessee to Use Public streets Section � inalienable the City, rind, except for public streets is declared to be inaliena by . control and use of this confer any right, title, or • this document, this Lease does not the use privilege granted in th interest in the public property to Lessee. Section y t of Lessee to Use Public Parks. Lessee acknowledges that the by the City, and} except for ' parks is declared to be inalienable control and use of public � confer any right, title, or . in the use privilege granted i this document, this Lease does not co interest in the public propel to Lessee. • partnership or Joint Venture. This Lease may not be construed as Section 37 Not Part � joirit other relationship rties to be a artnership, venture, or any or deemed by the parties . • or responsibility for • ' co-sponsor or incur any liability, expense, which requires the City to co , , . ' ed from Lessee by or associated activities. Payments received the conduct of the Event described in this City compensation for the provision of the City services, as the ��ty are co�nnpen Lease, and for granting Lessee the right to use public pro for the limited purpose described. is between the �l� and Lessee • between Parties. This Lease is Section Agreement not for the benefit of any third party or for the purpose ose of described herein and is n individual. Section City Services Subject to Appropriation. ion. Lessee recognizes that the � this Lease, are subject to the • provided by the City, pursuant to th services agreed to p continuation of any • approval and appropriation process. The ��t annual budget ppr pp year ends on July 31 of City's fiscal year of the City, which fiscal ye contract after the close of any f�ca does not ' and budget royal. The City do r is subject to appropriations an pp . each year, subject City for the provision of services expenditures required by the y represent that the p Councils, said determination being • will be adopted by future City Cou a required b this Lease of each fiscal year • the City Council at the time of adoption within the sole discretion of h � ' required b • City for the provision of series � by the expenditures required by the . budget, If t p fiscal ear} then City may this adopted for the upcoming applicable y this Lease are not ad p of the current ' recourse Lessee, only at the end terminate this Luse, without t'ec by applicable fiscal year Section 40 compliance with Laws Lessee must comply with all applicable Federal, state , and Iocal government ernment ia ws, rules, regulations, and or dinances which may be applicable le o its operation at the � lath • this Lease including, without limitation, Premises and its performaflCe under • Pre Act, as amended. All compliance ' with the Americans with Disabilities compliance �nr ADOCUr11E —Visas 1L 4L - 1\Temp1T intiNachtJet.Lease.Re ew.Januar 10 2008 clean.doc Page 14 of 21 required by Lessee under this section shall be at Lessee's sole expense and cost. This Lease is also subject to applicable provisions of the City Charter. (B) If any action or proceeding is brought to enforce compliance with this Lease, or for failure to observe any of the covenants of this Lease, Lessee must pay the City the sum that a court of competent jurisdiction may adjudge reasonable as attorney's fees in said action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 41 Interpretation; Ven . This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. The parties agree that venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 42 Non-discrimination. Lessee warrants that they are and will continue to be an Equal Opportunity Employer. Lessee hereby covenants that all of its employees, participants, invitees, guests, and members of the public shall be treated equally without regard to or because of race, color, creed, national origin, ethnicity, sex, disability, or age and, specifically regarding the employer- employee relationship, in compliance with all Federal and State laws prohibiting discrimination in employment. Section 43 Force Majeure. No party to this Lease will be liable for failures and delays in performance due to any cause or circumstance beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 44 Survival of Terms. Termination or expiration of this Lease, for any reason, shall not release either party from any liabilities or obligations set forth in this Lease that the parties have expressly agreed shall survive the termination or expiration, or remain to be performed or by their nature would be intended to be p p applicable following the termination or expiration. Section 45 Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter. Section 46 Captions. The captions employed in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 47 Entirety Clause. This Lease and the incorporated and attached Exhibits constitute the entire agreement between the City and Lessee for the use granted. All other promises and representations, oral or otherwise, unless contained in this Lease, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its Exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations that are the subject of this Lease. CADOCUME-111isaAtOCALS-1\TemplThintiNachtletlease.Renew.January 10 2008 clean.doc Page 15 of 21 Section 48 Severability. . - Lease that every section: paragraph, is the definite intent the parties to this r It given full i force and effect for * ' clause, provision, phrase, or word hereof . i subdivision, c!a , � , . se provision, phrase, if section paragraph, subdivision, clause, its purpose. therefore, � any + � � to any � hereof any person or circumstance is, y or word of this Lease or the application her p Mlle al invalid, or unenforceable under present or future lam or by final extent, held x of this Lease, or the competent jurisdicUon , then the remainder judgment of a court of connp than those as to • said to persons or circumstances other th a application of saad trrn or provision h ich it is held illegal, invalid, or unenforceable, will not be affected hereby. * � illegal, invalid, or unenforceable under tthat an clause or provision is held To the extent then the remainder of this future la effective during the term of this Lease, present or futu • and in lieu of each illegal, invalid, or unenforceable clause Lease is affected aected there or provision, clause or provision, as in terms to the illegal, invalid, or valid, and be unenforceable clause or provision as may p ossible and be legal, enforceable, will be added to this Lease automatically. Section 49 Marina sale or Lease; Lease Assignment Subject to Council Approval. r the operator shall be bound by all If the Marina na is sold or leased to another operator, provisions of this Lease. i � Sao franchise or lease of property of Under section of Article IX of the City Charter, l� n thereof except with the approval of City be transferred by the holder [Lessee] t p the ��ty shall unreasonably ordinance, approval shall not be the Council expressed by o withheld." ADOCU E -1Vi aML AL - 1Iiernpl ' lntl.Ya htiet.Les e.Rene Januar 10 2008 clean.cloc Page 16 of 21 SIGNED IN DUPLICATE, each of which shall be considered an original, on this the 2007. ATTEST: Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM: Lisa Aguilar, Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI George K. Noe, City Manager STATE OF TEXAS COUNTY of NUECES This instrument ent was acknowledged before me on , 2007, by George K. Noe, or his designee, , City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed name: Commission expires: C:\DOCUME-111saAWCALS-11TerripinintLYachtJet.Lease.Renew-lanuary 10 2008 clean.doc LESSEE: MMD COMMUNICATIONS Signature: Printed Name: Peter Bryant Title: President Date: STATE OF FLORIDA COUNTY OF § 4 Page 17 f 21 instrument oraaor , 2007, by This �nstrum ntwas acknowledged l g d Peter art, President of MMD Communicatiofls1 a Florida corporation, on behalf of said corporation. Notary Public, State of Florida Printed name: Commission expires: -- :IDO U CIE -lili aA11 4t -1gempgxi t1.` acht,let..ease.l enew.Januar 10 2008 clean.doc • p r 0 i Caidtti,_i cte-eeT ig 1.1 mw4mrimammmmnrintmmoinriommuunamoommamounnonenalwoucuuemmuu q fl...... 're d er vq'i 7.1 TT, re- J 1 m e r %.\\clEieuuuEleariemenousemenonmazint.goanonopenneeneomemmancummooncima 'IrNilj&I INN.F". !Wii t I oli \ i EN. 9 . 1 1.. ..r -.....Jt___JL.- 42 0 I-2. SE 2.7,1g- v 2 * -2 c2 - 2 2 2 SI -. R Q ,i11 E 1 Fl!.111- FA.11 , K ' 4: 7 . \ , . \ h \ \ 1 0.1 ..) . .• ! I 3 3 " 3 3 5 M I ! (-1 ' . 11 • % . . . 7n( ni f, "Cci.i-r /6T Page 18 21 EXHIBIT D TEXAS INTERNATIONAL YACHT & JET PLANE SHOW YEAR NON - EXCLUSIVE USE PERIODS 4 DAY EXCLUSIVE USE PERIODS 2007 12:01 p.m. Monday, Apr. 23, 2007 6:00 a.m. Thursday, Apr. 26, 2007 thru 6:00 p.m. Monday, Apr. 30, 2007 thru 6:00 p.m. Sunday, Apr. 29, 2007 2008 Exclusive Use Period: 12 :01 a.m. Sat. Apr. 19, 2008 thru 6 :00 p.m. Monday Apr. 28, 2008 (10 day exclusive use period). 2009 -12 Exclusive Use Period: 12 :01 a.m. Sat. Apr. , thru 6 :00 p.m. Monday . day exclusive use period) 2013 -17 Exclusive Use Period: 12 :01 a.m. Sat. Apr._ , thru 6:00 p.m. Monday . ('1 day exclusive use period) CADOCUME-1\lisaAlLOCALS-1\Temp\ThintlYachtletlease.RenewJanuary 10 2008 clean.doc Page 19 of 21 EXHIBIT E I INSURANCE REQUIREMENTS A. Lessee must not commence work under this Lease until all insurance required herein has been obtained and such insurance has been approved by the City. The Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the Risk Manager, two copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30-Day Notice of Cancellation, n n- renewal, material change or termination required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury LIQUOR LIABILITY 1. Vendors providing and/ or selling alcohol MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage 1 ,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - Owned, Non - owned or rented vehicles 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and other large items 2. Lessee workers and volunteers WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 COMBINED SINGLE LIMIT $500,000 O MINED SINGLE LIMIT ATA MINIMUM , STATUTORY LIMITS of $ 0000/ $40,000 for BODILY INJURY $15,000 for PROPERTY DAA E ACCIDENT POLICY FOR VOLUNTEERS Required if Lessee employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS] COMPENSATION ACT AND PARAGRAPH 110F THIS EXHIBIT $100,000 $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. International Yacht & Jet Plane Show ins. req. 1 --1 -cep Risk Mgmt ADO UI IE-- 111isaA\L 1 LS-1 empl" lntl.l achtiet.Lease.Rene .Jar nary 10 2008 clean.doc Pa e2 of21 11. ADDITIONAL E UI EMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas [epartrent of Insurance. The workers' compensation coverage provided must be in an amount sufficient to ensure that all workers' corpensation obligations incurred by the Lessee will be promptly yet. B. Certificate of Insurance: • The City f Corpus Christi must be named as an additional insured on the liability coverage, C mpensation coverage and a blanket waiver of subrogation is required on all applicable policies. • if our insurance company uses the standard A1D form, the cancellation clause Y (bottom right) must be amended by adding the wording "changed or" between "be'� and "canceled ", and deleting the words, "endeavor t" and deleting the wording after "left ". In lieu of modification of the ACO D form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the event, including exact dates including move -in and move out dates shall be shown under the Cescriptior of Operations/ Locations 1 vehicles/ Special Items. • At a minimum, a -day written notice to the Risk Manager and Parks .and Recreation Director of material change, non - renewal, termination or cancellatiion is required. C. if the Certificate of Insurance does not show on its face the existence of the coverage required by items 1. B 1 -7, an authorized representative f the insurance corpary must include a letter specifically stating whether items 1. B. 1 - are included r excluded. Int rrnatior al Yacht & Jet Plane Show ins. req. 1 -16 -o p Risk Mgrnt :1D UME -111i aA \L AL - 1\Temp\ 'XIntl.YachtJet.Lea5e. ene .JanUar 10 2006 lean.doc Page 21 of 21 Exhibit The following May 24, 2006 e-mail from Peter Bryant to Doyle Curtis (with minor revisions by Doyle Curtis) shall be used in defining "Net Profits" as used in this Lease: "Peter Bryant" byaNn p bells uth.net 05/24/06 5 :28 :51 PM "Dear Doyle, The following is my [Peter Bryant's] interpretation of net profit for purposes of the contracts for the boat show. Gross revenue is the total amount of revenue generated from slip sales, exhibit booth sales, hard standing area space sales, sponsorship sales, concession sales, ticket sales, etc. Gross profit is equal to gross revenue minus the cost to generate this revenue ie commissions and salaries. Net profit is equal to gross profit minus all other costs associated with the staging of the event le tent rental, salaries, telephone, hotel costs, catering costs etc. !would have no problem with establishing a base figure of $25,000 or 10% of net profit, Whichever is greater. Please give me a call. With best regards Peter Bryant Texas International Boat Show" :\D UNE- 11iisaA\ LOCALS- 1\Temp\Txlntl.l achtJet,Lease.Renew.January 10 2008 clean.doc 17 CITY COUNCIL AGENDA MEMORANDUM February 12, 2008 AGENDA ITEM: Public hearing and first reading ordinance to consider abandoning and vacating a 24,638.46- square foot portion of the Whataburger Way public right-of-way, located between the Gollihar Road and Mildred Drive street rights-of-way; subject to compliance with the specified conditions. ISSUE: Whataburger Restaurants, L.P. is requesting the abandonment and vacation of the Whataburger Way public street right-of-way to accommodate the planned growth and expansion of their home base office building over the existing public street right -of -way. REQUIRED ED CO NC1L ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to vacating and abandoning any street rights -of -way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Bob Nix, , AICP ACM of Development Services Attachments: Exhibit - Background Information Exhibit B - ordinance Exhibit C - Site Location Map Exhibit D - Minutes of the TAC Meeting, January 28, 2008 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Whataburger Restaurants, L.P., "owner") is requesting the abandoning and vacating of the 24,638.46-square foot portion of the Whataburger Way public street right-of-way, located between the G llih r Road and Mildred Drive street rights -of -way. one -half of the dedicated ROW to be abandoned and vacated is located in an "A -" Apartment House District and the other half is located in a i #_" General Business District. The said portion of public street ri ht -of -way is being abandoned and vacated to cc mmod te the planned growth and expansion of Whataburger's home base office building and the construction of a parking lot over the street right -of -way. A Traffic Advisory Committee meeting was held on Monday, January 28, 2008, at 2 :30 p.m., in the City Council Chambers, to discuss the proposed street closure. The proposed street closure was endorsed by the Traffic Advisory Committee. (See Exhibit D) All public and franchised utilities were contacted regarding this closure request. City Traffic Engineering is requiring that a Traffic Impact Analysis (TIA) report be submitted for review and approval. The Department of Development Services is requiring that the Owner, with the proposed closure of the Whataburger Way street right -of -way, be allowed only two driveways to Gollihar Road, two driveways to South Staples Street and closure of the existing driveway on Everhart Road. The Whataburger Way public street right-of-way is not a designated collector or arterial street on the Transportation Plan and therefore can be closed without a Transportation Plan amendment. None of the other public and franchised utilities had any objections to the public right -of -way closure. Staff recommends that the Owner pay the fair market value of $79,955.00 within 30 days of adoption of the street closure ordinance for abandoning and vacating the 24,638.46- square foot portion of the Whataburger Wy public street right -of -way. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT Page 1 of All ORDINANCE ANCE ABANDONING DOS ING Al D VACATING A 24,638.46 SQUARE E FOOT PORTION OF THE WHATABURGER WAY PUBLIC RIGHT -OF -WAY, LOCATED BETWEEN THE GOLLIHAR ROAD AND MILDRED ED DRIVE STREET RIGHTS-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Whataburger Restaurants, LP. is requesting the abandonment and vacating of a 24,638.46 square foot portion of the Whataburger Way public right -of -way, located between the Gollihar Road and Mildred Drive street rights-of-way to accommodate the planned growth and expansion of its home base office building over the existing public street right-of-way; and WHEREAS, S, with proper notice to the public, public hearing was held on Tuesday, February 12, 2008, during a meeting of the City Council, in the Council Chambers, at City Hail, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED QED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 24,888.46 square foot portion of the Whataburger Way public right - -way, located between the Gollihar Road and Mildred Drive street rights -of -way, as recorded in Volume 22, Page 56 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION . The abandonment and vacation of the above public right-of-way is conditioned as follows: 1) Owner pay the fair market value of $79,955 within 30 days of adoption of the street closure ordinance for the abandonment and vacating of the 24,638.46 • square foot portion of the Whataburger Way public street right-of-way; 2) Owner must provide a Traffic Impact Analysis (TIA) report to the City Traffic Engineering Department for review and approval; 3) Owner must provide only two driveways to Gollihar Road, two driveways to Staples and closure of the existing driveway on Everhart Road. 4) Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all HA LEG -DIR\ har dl ary lag nda12OO 1 #1 I RD- abandon- rracateI 1 whatabur erWa .do Paget of 3 easements and items of record, must be submitted to the Assistant City Manager of Development Services. - ALE -Dl ‘ haf dl r l enda1 0081 -12\O D- abandon - a a# 11V Whatabur a 1a .do Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of -, 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr, Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the - - day of -a 2008, by the following vote: Henry Garrett Priscilla G. Leal - Melody Cooper John E. Marez - - - Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: February 4, 2008 By: Ga W. mith Assistant City Attorney For City Attorney Henry Garrett Mayor H:1 LEG -DII \hared\ aryS\agenda\2OO 12 -121OI D- abandon -va ateRO 1WhataburgeIWay.doo R 0 a C Cs• i • Z O • i doe. .oc 0 Q. of oE ic J a • 10.0c 1 , ZS i 1 cib • \<z- *On tt, r .� 7554%. imp J I co 1 'a° x eel- s z L 8 to 0 CL CTI 0 In oD 73' I— Cro 3 la% W 04a:7-0 �. .CI -• LLi '- : CD 15 000 r:(3°° ZA1 4 LA la Cl] wz 1: �r i i Z A D ha -§ � cuJ L‘v a ott 1.410 gt id ow keI— pri 0) 0 a 8'4°Z; b ap 03 csi con 44itt 0 1? eL 0 4c4 o 5 di 3 161z g a. cE i 1 1 tNg • • Cl !ling 1 eJ . 4 co i 1 i A ■ m- /: ■ 0 9 1511Jpom—r- ma EN P gt I • g I 0 • 0.1- t. ..1 1 *OS 7e9 i lial b Midi gi' M ler Pn4ini9) II Ili IC-- 0 WPM 2 id t 8 0 caDi C 01 0:g*Ngl z ■ ' cn ..q38L118 (in z°1- P.1; LA CO we .■ ## z gi LiLe 1: 1 Sr 2008 Prepared 8y• M88 Deparr ienr of Development .Services 18 AGENDA MEMORANDUM February 12, 2008 Subject: Public Access Channel Rules and Procedures Violation Appeal Agenda Item: Consideration of an appeal by Roland Garza of the Corpus Christi Cable Communications Commission's December 17, 2007 decision regarding public access program. Background: Per City ordinance, public access channel programs must be non - commercial. At its December 17, 2007 meeting, the Cable Communications Commission found that a program which displayed a sign "We the People.org" was in violation of the rule regarding non- commercial programming which prohibits commercial advertising. The producer has appealed. Issue: The issue for City Council is whether the program contains prohibited commercial programming. The Council may grant or deny the appeal. Recommended Process: The proceeding should be informal. In deciding this case the Council acts in a quasi- judicial capacity; i.e. it will determine what the facts are and whether the program contained commercial advertising. Since Ir. Garza is appealing, he would go first on any presentation of evidence. The Commission is available to present any necessary information from the Commission's perspective. Since this is quasi - judicial matter, the Council may, but need not, solicit general public comment. If the Council chooses to hear such comment, this could be done after argument of the parties, but before Council deliberation. Annie Leal, Acting Director of Lisa Aguilar, istat City Attorney E-Govemment Services SUPPLEMENTAL BACKGROUND PART I. NATURE OF AGENDA ITEM Under the City Charter, appeals may be taken to the City Council from decisions of City boards and commissions. This is an appeal from a decision of Cable Communications Commission determining that a public access producer violated a prohibition against commercial programming. PART 2. RULES AND PROCEDURES FOR PUBLIC ACCESS CARL CASTING The Rules and Procedures for Public Access Cablecasting are approved by City Council and found at Code of Ordinances, Chapter 55, Article XVIII. For purposes of this memo, they will be referred to as "the Rules ". Section 1 of the Rules prohibits commercial programming on public access programs. Section 4 of the Rules defines "commercial programming" as: "Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The Cable Communications Commission has established guidelines concerning the advertisement of commercial products or services in an access program." In 2004, the Commission adopted Revised Guidelines Concerning the Application of the Public Access Channel gyrating Rules ("Guidelines"). The general rule established in the Guidelines concerning advertising of commercial products or services on public access channels is as follows: A. General Rules 1, For purposes of these guidelines, advertising material designed to promote the commercial sale of products or services shall consist of any audio or visual presentation which contains the following elements: a. Identification of any product or service; and b. Identification of the provider or serer of the product or service identified; plus either of the following elements: (i) Identification of the location of the provider or seller of the product or service or providing information concerning how the product or seller of the product or service may be contacted; or (ii) Identifying the price for which the product or service may be purchased without also identifying the provider or seller either generically or by identifying at least three named alternative providers or sellers of the product or service. B. Displays of Signs 1. Even if all of the required elements of advertising specified in section A(1) above are not present, other material shown during a program may be prohibited as advertising. The prolonged display of one or more signs identifying any product or service, or any provider or seller thereof, during a program shall be deemed to constitute advertising prohibited under these guidelines. (emphasis added). "Prolonged display" of signs shall exist if any individual sign appears for a total of one (1) minutes or more during any half-hour of p ro g. "Prolonged display" shall also exist if any number of such signs appear for a total of three minutes or more during any half -hour of programming. Examples of sign displays which are prohibited include: a. Assume that a public access program is videotaped in a retail store, Smith's Toys. Assume also that at various times, the program shows individuals under a sign which reads "Smith's Toys" and that the program also shows various signs located throughout the store with pictures of toys on them. If any one such sign (like the Smith's Toys sign) appears for one (1) minute or more during any half -hour of programming, then the program will be deemed to contain advertising prohibited under these guidelines. Similarly, if the Smith's Toys sign and any other signs located throughout the store appear for a total of tree (3) minutes or more during any half-hour of programming, then the program will be deemed to contain advertising prohibited under these guidelines. b. The conclusion stated in the preceding paragraph 1(a) applies even if the signs shown during a program are not erected specifically so that they will be visible during the program. In other words, there is no exception to the rule on the basis that the showing of one or more signs for the prohibited lengths of time during pro g is unintentional or inadvertent. Furthermore, there is no exception to the rule based merely on the fact that the si 3. No guideline concerning advertising shall be construed or applied to restrict or alter the content of public access programs about the subject of advertising. For purposes of these guidelines, a program which discusses or explores advertising as a topic does not contain advertising material." PART 3. COMPLAINT i S' O Y. On December 11, 2007, the Cable Communications Commission received notice of a complaint regarding The Roland Garza Show. The complaint was that the program which aired on December 10, 2007 contained commercial progranuning. A copy of the complaint and letter to Mr. Garza regarding the complaint are attached. The Commission met on December 17, 200 7, and considered the complaint. Mr. Garza was present. The Commission viewed portions of the program at issue. The Commission voted that the program contained commercial programming. A copy of the minutes is attached. Mr. Garza copy of that timely appealed the Commission's decision to the City Council. A p appeal is attached. PART 4. DISCUSSION OF COMPLAINT. The complaint was that the program contained advertising. The complaint states that the sign "We The People" was displayed behind the people speaking for the entire length of the program., about fifty -five minutes of the program. The complaint states that the email address for "We the People" was also given. PART 5. REVIEW BY CABLE COMMUNICATIONS COMMISSION ION At its meeting on December 17, 2007, the Commission reviewed portions of the program, which displayed a sign "We the People.org" The Commission discussed whether the sign constituted prohibited commercial advertising. The Commission discussed that "We the People" is a free newspaper. The Commission discussed that that the newspaper sells .. � advertising. The Commission asked for a legal opinion regarding whether the program contained commercial advertising. Assistant City Attorney Lisa Aguilar advised that the program was not in violation of the rules regarding commercial advertising because the newspaper was a free publication. The Commission discussed the matter further. One of the Commissioners commented that the newspaper sells subscriptions. The Commission considered the complaint program and concluded that the program was a violation of the rule prohibiting commercial advertising. The vote was -, with one Commissioner absent. After the Commission decision, Mr. Garza submitted correspondence to request that the Commission reconsider their decision regarding his program, and to consider modifications to the rules regarding advertising. Mr. Garza's request was presented to the Commission at its January 14, 2008 ee ng. The Commission took no aeon on the request. PART 6. ISSUE FOR COUNCIL DECISION The issue for Council decision is whether the program at issue contained commercial advertising. PART 7. PROCESS FOR COUNCIL DECISION In deciding this case, the Council is acting in a quasi-judicial capacity; i.e. it is acting as a judge to determine what the facts are, and whether the program contained advertising in violation of the Rules. Since Mr. Garza is the appealing party, the burden is on him to persuade the Council that the Commission's decision was in error. The program will be available to be played for the Council. PART 8. COUNCIL OPTIONS. If the appeal is denied, Mr. Garza would not be allowed to replay this particular program on the channel. He would continue to have use of the channel. However, this would be his second violation. If the appeal is granted, Mr. Garza will be able to replay this program on the public access channel. PART 9. APPLICABLE REGULATIONS - PENALTIES Section 6 of the Rules provides in part: Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. ...A producer and series will be removed from public access channels for sixty days for three Section 1 violations during a six month period. Jack Gordy 4118 Bray Drive Corpus Christi, Texas 78413 $57 -0361 or 793.8978 December 13, 2007 City of Corpus Christi Office of the City Secretary Attention: Cable Communications Commission P.O. Box 9277 Corpus Christi, Texas 78469 -9277 The program, The Roland Garza Show, that was aired on Channel 10 on Monday, Dec. 10, 2007 at 1142 P.M. and Wednesday, Dec. 12, 2007 at 7 4 P.M. contained advertising. The sign, WE The People, behind the people speaking was displayed for the entire length of the program, about fifty five (55) minutes of the program. The E-Mail address for We The People was also given. We The People is a local newspaper. Section 1 of the Rules and Procedures reads as follows: All programs shall not be commercial as defined in section 4. Section 4 defines Commercial programming as follows: Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in partt, content whether audio, video or text intended, directly or indirectly to promote any service, or product, or includes commercial advertising of any kind, or contains lottery or sweepstakes information. The Cable Communications has established guidelines concerning the advertisement of commercial products or services in an access program. Page 5, Section B 1 of the above mentioned states: The prolonged display of one or more signs identifying any product or service, or any provider or seller thereof, during a program shall be deemed to constitute advertising prohibited under these guidelines. "Prolonged display" ofsigns shall exist if any individual sign appears for a total of one (1) minute or more durin g any an half -hour of programming. W' Respect Jack Gordy CC: Office of - Government Services For the Cable Communications Commission IMMEW City of Corpus Christi E-GOVERIIMENT SERVICES PO Box 9?77 Corpus Christi Texas 78469 -9277 Phone 361-826-4090 Fax 361-826-4551 www.ixtexas.com December 14, 2007 Roland Garza The Roland Garza Show Corpus Christi, Texas 78415 Dear Mr. Garza: .•�� -may ' 'f + • �+ r On December 11, 2007, the Cable Communications Commission received a complaint regarding your show, "The Roland Garza Show' for the Section 1 violation of oomerciai programming in the Rules and Procedures for Public Access Cablecastir . The program which received the complaint was broadcasted on December 10, 2007, from 11 :00 p.m. — 12:00 p.m. and December 12, 2007, from 7:00 p.m. to 8:00 p.m. This program displayed a sign and e-mail address for the local newspaper, "We The People.' In the "Revised Guidelines Concerning the Application of the Public Access Channel Operating Rules," memorandum dated, February 23, 2004) Section B, item 1 states the following: ...Tire prolonged display of one or more signs identifying airy product or service, or any provider or seller thereof, during a program shall be deemed to constitute advertising prohibited under these guidelines. °longed display' ' of signs shall exist if any individual sign appean; for a idal of one minute or more ding any ralf� our ofprogramming. "Prolonged display' shall also exist rf any number of such signs appear fora total of three (3) minutes or more during any hail -hour ofprogramming." In order to keep your show on the air, your a representative must attend one, of the next two Cable Communications Commission meetings. The dates are January 14, 2008, at 12 pm or February 18 2008, at 12 m. Please bring a copy of your program. Failure to attend one of the meetings above will result in forfeiture of public access channel use for sixty (60) days. Please call 8264090 if there are any questions concerning this matter. Sincerely, Annie Leal Interim Director of E-Govemment Services cc: Cable Communications Commission, Chairperson Connie Guilerroy Corpus cnnsti, Texas 78415 Lisa Aguilar, Assistant City Attorney Government Services MINUTES CABLE COMMUNICATIONS COMMISSION December 17, 2007 PRESENT Chairperson Connie Gutierrez, Steve West, Carolyn Moon, and Joan Veith ABSENT Vice Chairperson Dr. Bruce Stratton gift Staff' Lisa Aguilar, Assistant City Attorney, Annie Leal and Holly Houghton, - Government Services caple fiwa_tm Dottie Lane, Grande Communications Connie Gutierrez called the meeting to order at 6:00 p.m. and verified the necessary quorum. The minutes from the November 19, 2007, meeting were reviewed. Joan Veith motioned to approve the minutes and Steve West seconded the motion. All Commissioners approved. L REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS — a. ` a1ar ats rr " — Holly Houghton stated she spoke with Mr. Castro and he reviewed the program and the producer's name was missing. Mr. Castro informed the Commission that the problem was corrected, Joan Veith motioned to give the program a warning. Steve West seconded. All Commissioners approved, b. ''$jupidj$jupus" — Mr. English stated it was an oversight on their part. Joan Veith motioned to give the program a warning. Steve West seconded. All Commissioners approved. c. "Grace _Presbyterian Church" — Bill Edgar stated they used an old tape which did not contain the production date or the producer's name. Joan Veith motioned to give the program a warning. Steve West seconded. All Commissioners approved. d. #Gil his r' JPjfvs &Pub1WJfg " — Roland Garza stated he appeared to review the program which did not contain the producer's name. Joan Veith motioned to give the program a warning. Steve West seconded. All Commissioners approved, e. Rigigs Show PLC J 0 � s '' -- Roland Garza stated that "We the People" is a free newspaper to citizens. Mr. West asked Mr. Garza if he knew whether or not the newspaper sold advertisements and if they are a non-profit organization. Mr. Garza stated he was not aware of the organization's business practice. Ms. Moon said that the newspaper does sell advertisements and subscriptions. Ms. Aguilar stated she does not view think the violation should be considered commercial advertising because it is a free publication. Holly Houghton informed the Commission and Mr. Garza that this would be his second violation. Joan Veith motioned to give the program a warning. Steve West seconded, All Commissioners approved. f. " r i e — Mr. Vasquez stated it was distributed wrong. Joan Veith motioned to give the program a warning. Carolyn Moon seconded. All Commissioners approved. g. "The ostoiic C t fit Livin God r Holly Houghton discussed that a letter was received from Mr. Willie Lan hart for the programs explaining the violations were due an upgrade in software and the issue was resolved the following week. Carolyn Moon motioned to give them a warning. Joan Veith seconded. All Commissioners approved. h. "Silverback Show " — Ms. Aguilar reviewed that this complaint has been postponed since September to allow time for Mr. Sneed to receive permission from CSPAN to broadcast the particular program in question. However, there has not been a response from Mr. Sneed. Steve West motioned to give this program a warning. Carolyn Moon seconded. All Commissioners approved. .lean i' ' Sun — Jesse Nesmith stated he spoke with David Melendez and he was called away out of town for an emergency and wanted to ask the Commission to grant an extension to allow him to appear. Ms. Houghton clarified that she spoke with Mr. Melendez and he understood that the program identification needed to be moved to the beginning of the program. Carolyn Moon motioned to give this program a warning. Joan Veith seconded. All Commissioners approved. 2. CABLE OPERATOR REPORT — Dottie Lane asked Ms. Moon specifics of the complaints she had received. Ms. Moon stated the complaints mostly had to do with call wait time Ms. Lane stated during the past month their average wait time was approximately twenty seconds and she noted the only time, they had major volume was due to the NFL situation. 3. REVIEW AND POSSIBLE ACTION REGARDING CABLE OPERATOR COMPLAINTS Steve West stated that he spoke with Time Warner and there was a technical problem and certain programs did not air during a two day timeframe. Mr. Gordy stated that the complaints in the packet were prior to the equipment failure, 4. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS — All programs met the criteria of turning in tapes for Channel 10 and Chant* 1 . 5. DISCUSSION AND POSSIBLE ACTION REGARDING SECTION 1 OF THE RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING VIOLATION PROCEDURES — dolly Houghton stated that during previous meetings, complaints were being dismissed instead of being given warnings. Lisa Aguilar clarified that by giving warnings to the producers, the Commission is finding a violation, 6. PAUG UPDATES — Jack Gordy, Channel 10 PAUG, stated that most of the producer's are satisfied and things are running smoothly. Jesse Nesmith, Channel 18 PAUG, stated he is working on modifying the media log sheet because the current log is difficult for everyone to understand. 7. TECHNOLOGY IN THE NEWS — none g. STAFF UPDATES — none 9. PUBLIC COMMENT -- none 10. COMMISSIONERS COMMENTS — Connie Gutierrez asked City staff' to begin sending out violation letters through certified mail because that was the recommendation from the City Council during Roland Garza's appeal. 11. ADJOURNMENT — Steve West motioned to adjourn. Carolyn Moon seconded the motion. All Commissioners approved. The meeting adjourned at 7 :05 p.m. PR 11-rr MINUTES CABLE COMMUNICATIONS COMMISSION January 14, 2008 PRESENT Vice Chairperson Dr. Bruce Stratton, Steve West, Carolyn Moon, and Joan Veith ABSENT Chairperson Connie Gutierrez City Staff Lisa Aguilar, Assistant City Attorney, Annie Leal and Holly Houghton, Government Services ai perat Vicki Triplett, Time Warner Cable Company Dr. Bruce Stratton called the meeting to order at 12:00 p.m. and verified the necessary quorum. The minutes from the December 17, 2007, meeting were reviewed. Steve West motioned to approve the minutes and Carolyn Moon seconded the motion. Alt Commissioners approved. L REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS — a. "Nast .Parlaie Ba test _ Church" --- Mr. Garcia provided the program for the Commissioners to review and show that the identification was included at the beginning of the program. Joan Veith motioned to dismiss the complaint. Carolyn Moon seconded. All Commissioners approved. b. ",P illi ans _443 `iha r s -13 " Ms. Mendez appeared to discuss the three violation letters they received. She discussed that the first two programs did not contain the producer's name, but the problem had been resolved after that. Ms. Mendez provided tapes for the second and third complaint to show the issue has been resolved. Carolyn Moon motioned to dismiss the third violation. Steve West seconded. Alt Commissioners approved. Carolyn Moon motioned to give Ms. Mendez a warning for the first two complaints. Joan Veith seconded. All Commissioners approved. Holly Houghton explained to the producer that they needed to avoid getting any other violations during the next six months, or they could be pulled from broadcasting for six months per the Rules and Procedures for Public Access Cableeasting. e. "The Avstolic _Church of the . yJ.n God" — Ms. Houghton stated that the producer, Willie Lanehart, provided the Commission with a letter and explained they could discuss the letter at this point or they could table the item until the next meeting. Dr. Bruce Stratton motioned to table the item for the next meeting. Carolyn Moon seconded. All Commissioners approved. 2. REVIEW AND POSSIBLE ACTION REGARDING CABLE OPERATOR COMPLAINTS — Holly Houghton discussed that there were a few complaints received from Channel 10 regarding the broadcast of progr ms and Time Warner had responded. 3. REVIEW ' AND POSSIBLE ACTION REGARDING PUBLIC ACCESS COMPLAINTS — Holl Houghton discussed that Mr. Maher sent in a complaint stating that he provided his program to Mr. Gordy, Channel 10 PAUG, to be aired as an occasional producer and his program only aired for one of the weeks he was told it would air. Ms. Houghton explained that Mr. Gordy spoke with Mr. Maher prior to this meeting and explained it would be broadcast this week and Mr. Maher was satisfied. 4. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS — Alt programs met the criteria of turning in tapes for Channel 10 and Channel 18. i DISCUSSION AND POSSIBLE ACTION REGARDING CHANNEL E 10 REQUEST TO DELAY THEM NEXT LOTTERY DATE — Mr. Gordy explained that the library was booked every day during the last week of April, but it is available the first Saturday in May (May 3, 2008). Dr. Bruce Stratton motioned to accept Mr. Gordy's request. Joan Veith seconded. All Commissioners approved. 6. CABLE OPERATOR R REPORT — Vicki Triplett, Time Warner Cable, discussed their community projects. Joan Veith stated she received a phone call from Barbara Sellers wanting to know why her program failed to air. Ms. Veith asked Ms. Sellers to attend the meeting or send her an email regarding her problem, so the issue could be discussed with Time Warner. Mr. Gordy stated he has spoken with Ms. Sellers regarding the complaint. 7. PAUG UPDATES ES — Jack Gordy, Channel 10 PAUG, explained that he provided Ms. Sellers with the letter from Time Warner explaining that her program was effected when Time Varner experienced equipment failure. Jesse Nesmith, Channel 18 PAUG, stated they would be having a meeting to elect a new President for the Channel 18 PAUG and they are correcting items that need to be corrected. 8. STAFF UPDATES --- Roland Garza discussed that he sent the City a letter making some recommendations and suggestions to help clarify the Rules and Procedures for Public Access Cablecasting. Mr. Garza also asked the Commission to reconsider the last violation placed on his program. He requested that the Commission schedule an item on the agenda for the next meeting to allow for clarification from the legal department. He explained that he did not want to file an appeal to the City Council. 9. PUBLIC COMMENT — none 10. COMMISSIONERS COMMENTS — Joan Veith stated she agreed with Mr. Garza's statement regarding the chain of custody and agreed that something should be implemented in the Rules and Procedures for Public Access Gablecasting. Dr. Bruce Stratton informed the Commission that he submitted his resignation letter to the Mayor and he thanked everyone for the past two and a half years. IL. ADJOURNMENT — Carolyn Moon motioned to adjourn. Steve West seconded the motion, Ali Commissioners approved. The meeting adjourned at 12:55 p.m. January 13, 2008 City of Corpus Christi Attn: Armando Chapa, City Secretary 1201 Leopard Street Corpus Christi, Texas 78401 Re: Notice of Appeal - Cable Commission Ruling - Commercial Content Dear Mr. Chapa, This notice is to inform you that am appealing the decision by the Cable Commission of December 17, 2007 whereas The Roland Garza Show was given a documented warning with regards to an alleged violation "commercial content" of a free local newspaper We the People. As a matter of fact, during the cable commission meeting Mrs. Connie Gutierrez, Chairperson, asked Lisa Aguilar, Assistant City Attorney for a legal opinion. The question was if The Roland Garza Show had violated any rule, provision and or ordinance with regards to commercial Content. It was Lisa Aguilar' legal opinion that The Roland Garza Show did not violate any rovision of an city rule and or city_ ordinance. Shortly thereafter, the cable commissioners choose to ignore the cities official legal opinion and voted to unjustly sanction The Roland Garza Show with a documented (warning ). The documented warning is claiming that 1 violated the cities ordinance (commercial content) when in fact I did not according to Lisa Aguilar, Assistant City Attorney ruling. furthermore on December l7, 2407, Mrs. Gutierrez, Chairperson, made a motion to dismiss the alleged violation and agreed that the cities legal opinion was correct and stated that the opinion was final. Unfortunately the remaining cable commissioners voted to sanction The Roland Garza Show and disregarded the City's legal position on this matter. I am seeking relief from the City Council to uphold my appeal and the legal ruling given by Lisa Aguilar, Assistant City Attorney, of December 17, 2007. Please notify me as to the date and time that the City Council will be hearing my appeal. Corpus Christi, Texas 78415 Cc: Lisa Aguilar, Assistant City Attorney 5)v' Gri 51( lif'rk thpe 1'Y1 -y p, a t a r-\Ct 0 c:—fr:cf rev. -(O. -11A e (f 4 (1 col o f cu./ y DC.4:C4 -i ti-k MARIA V JUAREZ Notary Public STATE of TEXAS My Comm, Exp, 10-15-2009 k f L-(11 cL..V j Act. v PILL bt (6. A AL [ o 1,-\ Lk. ft 0-f ) c.)-6 (:) g MEMORANDUM TO: Users of the Public Access Channels Time Warner FROM: Cable Communications Commission RE: Revised Guidelines Concerning the Application of the Public Access Channel Operating Rules DATE: February 23, 2004 The guidelines below were first adopted by the Corpus Christi Cable Communications Commission on April 17, 1995. At that time, the guidelines included provisions regarding advertising by or on behalf of candidates for public office, and also sections related to use of TCI equipment and facilities. The guidelines were reviewed by the Corpus Christi Cable Communications Commission at its September 22, 2003 meeting and approved at its February 23, 2004 meeting. The Commission removed the provisions regarding advertising b y or on behalf of candidates for public office, and references to TCI equipment and facilities. No other changes were Trade. Here are the updated guidelines: Guidelines cerning A dvert r ing of Commercial Products or Services A. General Rules 1. For purposes of these guidelines, "advertising material designed to promote the commercial sale of products or services" shall consist of any audio or visual presentation which contains the following elements: a. identification of any product or service; and b. identification of the provider or seller of the product or service identified; plus either of the following elements: (i) identification of the location of the provider or seller of the product or service or providing information concerning how the provider or seller of the product or service may be contacted; or (li)identifying the price for which the product or service may 1 be purchased without also identifying the provider or seller either generically or by identifying at least three (3) named alternative providers or sellers of the product or service. 2. Examples of audio or video material which would be prohibited as advertising, and similar material which would not be prohibited, follow: a. Assume an individual makes the following statement during a program: "We would like to thank Mr. Smith of Smith's Music Store for providing refreshments for the cast and crew after today's program." This would not be advertising. This statement does not identify specifically a product or service although it does identify the provider or seller. Furthermore, the statement does not identify the location of the provider or serer nor does it provide any information concerning how that provider or seller may be contacted. b. Assume now, however, that the same individual makes the following statement during a program: "We would like to thank Mr. Smith of Smith's Music Store in XYZ Mall for providing sheet music for today's program." This statement would be prohibited as advertising. This statement identifies a product (sheet music), the provider or seller of the product (Smith's Music Store), and the location of the provider or seller (XYZ Mali). The statement immediately above would be prohibited as advertising even if the reference to "in XYZ Mali" were replaced with wording such as: "in Corpus Christi" or "on Staples Street". in other words, the reference to location need not be to a street address for it to be objectionable under these guidelines. c, Assume that early in a program, the following statement is made: "We would like to thank Smith's Music Store for providing sheet music for today's program ". Assume also that at the end of the program, a credit is shown on screen which states: "Our thanks to Smith's Music Store in Corpus Christi," This material is prohibited because the same three elements specified in paragraph 2(b) are present in the program. (Please note also that the first statement, standing alone, is prohibited under section of these guidelines.) Two (2) additional guidelines are illustrated by this example. First, the elements of advertising need not be presented all 2 at once for the program to contain advertising. In the preceding example, two elements (identification of product and identification of provider or seller) are presented early in the program. The other element (identification of location) is presented at the end of the program, The key point, however, is not that all of the elements of advertising are heard or presented at one time. Rather, the key point is that alt three elements of advertising are present during the same program. The second guideline illustrated by this example is that any combination of audio or visual presentation of the elements of advertising is sufficient to constitute a violation of these guidelines. d. Assume that day early in a program, the following statement is made: We would like to thank Smith's Music Store for providing sheet music for today's program ". Assume also that at the end of the show a credit is shown on the screen which states: "Our thanks to Smith's Music Store - 852- 0000". This would constitute advertising because the program identifies a product (sheet music), a seller Smith's Music Store), and the program provides information concerning how the seller of the product may be contacted (the telephone number). e. "[]roviding information concerning how the provider or seller of the product or service may be contacted" is not restricted to specification of telephone numbers, Such i g For example, it is not advertising prohibited under these guidelines if the statement is: "Smoke detectors are important fire safety devices. They may be purchased at department stores throughout Corpus Christi for 19.95". Similarly, it is not considered advertising if the statement is modified as follows: "Smoke detectors are important fire safety devices. They may be purchased at X Department Store, Y Department Store or Z Department Store for 1 9.95 ". It is considered advertising, however, if any of the three alternative stores mentioned are merely different branches or locations of one of the stores already mentioned. The reason why references to three or more alternative sellers does not constitute prohibited advertising is that it is presumed that references to at least three sellers ensure that the statement is made for a reason other than to promote the sale of commercial products or services by a particular business. That is, the rule automatically lessens the promotional nature of the statement without impairing the user's ability to communicate his message. Assume that the statement in paragraph 2(f) were modified as follows: "Smoke detectors are important fire safety devices. They may be purchased at Smith's Department Store for approximately 19.95 ". This material is prohibited as advertising. The fact that a price is mentioned without reference to an exact price is not sufficient to change the results discussed in paragraph 2(f). h, Assume that the statement in paragraph 2(f) were modified as follows: "Smoke detectors are important safety devices. They may be purchased at Smith's Department Store for under $20.00". This material is prohibited as advertising. J Assume that the host of a program concerning investments begins a program by intro ucing himself as follows: "My name is John Smith. 1 am a broker with XYZ Company ". Under the guidelines stated above, this statement is not prohibited as advertising because although both a service and provider are identified, neither a location of the service nor of the provider is specified. Further, no information is provided concerning how the provider may be contacted. Assume that the host of a program concerning investments introduces a guest on the program by stating: 1 would like to introduce my guest. He is Mr, John Jones, an appraiser with X Company here in Corpus Christi". This information would violate the guidelines because it adds the location qualification concerning "Corpus Christi ". k. Continuing with a similar example: "1 would like to thank my guests, the band XYZ, The band will be appearing at Club this Saturday ", This material is prohibited as advertising. The statement identifies the service, the provider of the service, and the location of the provider of the service. By contrast, the above - described statement would be permissible if it were modified as follows, "1 would like to thank my guests, the band XYZ. The band will be appearing at various clubs in the coming months ". This statement does not violate the guidelines since the location of the provider of the service is not specifically identified. It is not advertising prohibited under these guidelines for a non -profit or charitable organization to state that it is having a fundraiser by selling t- shirts. This is because a non -profit or charitable organization is not a commercial enterprise in the business of selling clothing or other apparel. m. Under these guidelines it is not permissible for a program to contain a statement as follows: "Videotapes of this program may be obtained by sending your check for $14.95 to the address listed on the screen." The statement identifies a product (the videotape), the seller of the videotape, and a means of contacting the seller. It is permissible to state: "Videotapes of this program may be obtained by contacting this organization ". B. Displays of Signs 1. Even if all of the required elements of advertising specified in section A(1) above are not present, other material shown during a program may be prohibited as advertising. The prolonged display of one or more signs identifying any product or service, or any provider or seller thereof, during a program shall be deemed to constitute advertising prohibited under these guidelines. "Prolonged display" of signs shall exist if any individual sign appears for a total of one 1 minute or more during any half -hour of programming. "Prolonged display" shall also exist if any number of such signs appear for a total of three (3) minutes or more during S any half -hour of programming. Examples of sign displays which are prohibited include: a. Assume that a public access program is videotaped in a retail store, Smith's Toys. Assume also that at various times, the program shows individuals under a sign which reads "Smith's Toys" and that the program also shows various signs located throughout the store with pictures of toys on them. If any one such sign (like the Smith's Toys sign) appears for one minute or more during any half -hour of programming, then the program will be deemed to contain advertising prohibited under these guidelines. Similarly, if the Smith's Toys sign and any other signs located throughout the store appear for a total of three (3) minutes or more during any half -hour of programming, then the program will be deemed to contain advertising prohibited under these guidelines. b. The conclusion stated in the preceding paragraph 1(a) applies even if the signs shown during a program are not erected specifically so that they will be visible during the program. In other words, there is no exception to the rule on the basis that the showing of one or more signs for the prohibited lengths of time during programming is unintentional or inadvertent Furthermore, there is no exception to the rule based merely on the fact that the signs were in the store before any public access program taping occurred there. c. The conclusion stated in the preceding paragraph 1(a) applies even if neither the public access channel user producing a program, nor any guests on a program make, post or erect the signs which appear during a program. d. Assume that a public access channel program is videotaped in a restaurant. In the restaurant are hung numerous signs advertising brands of alcoholic beverages. If one or more of these signs appear during a program for longer than the permissible time, the program contains advertising prohibited under these guidelines. e. The preceding guidelines E3(1 )(a) 13(1)(d) are meant to emphasize that when choosing a program location, the 6 producer must carefully consider all material which will be seen or heard during any program. That is, if a producer chooses a taping location where signs identifying a product or service (or identifying a provider or seller) are located, then the producer has at least the following options available to avoid violating these guidelines. He may: i, change locations so that the prohibited material does not appear in a program; IL ensure that one or more signs do not appear in any program for longer than the permissible time; or iii. cover or remove any sign which would otherwise appear in violation of these guidelines. 2. Many program producers use a character generator to portray names or other i in the picture for a total of one minute or more during any half-hour of programming, the guideline stated in h preceding paragraph C(1) will be violated. b. A book or magazine shall not be considered displayed in a manner designed to promote its sale during any time period when the title of the book or magazine is not visible in the picture. To illustrate, if an individual is discussing books, and those books are set out on a table so that the titles of the books are visible in the picture for a total of one minute or more during any half -hour of programming, then this guideline is violated. The solution is obvious. All that is required to prevent an impermissible prolonged display of a product is for the individual to ensure that the titles of the books are not visible in the picture for longer than the allotted time for any half- hour of programming. By ensuring that the titles are not visible for longer than the allotted time, it is presumed that the books are not being displayed in a manner designed to promote their sale. The preceding paragraph is meant only to describe how the prolonged display of a product may be avoided. It is not meant to suggest that the display of a product for less than a prolonged period cannot also contribute to a violation of the guidelines concerning advertising. For example, even a display which is not prolonged serves to identify the product. Thus, a display of a product supplies the first element of advertising. If the other elements are supplied thereafter, then there will be a violation of the advertising guidelines. c. If an individual shown during a program appears to be in the process of consuming a beverage, and the label of the beverage container appears in the picture for more than one minute per half -hour of programming, it shall be presumed that the product display of the beverage container is not designed to promote the sale of the beverage. Thus, this particular product will not violate these guidelines. This presumption may be rebutted based on other components or elements of a program. In short, these guidelines are not to be construed to regulate innocent conduct, such as beverage consumption, where such consumption is not intended to promote the sale of the S beverage. This construction of the guidelines is designed to avoid the situation where a program is found to be in violation of these guidelines simply because the program portrays, for example, a panel discussion during which panelists are consuming beverages while listening to others or while waiting to speak, D. Endorsements of Products or Services (or Providers or Sellers Thereof) 1. Even if all of the required elements of advertising specified in section A above are not present, it is still a violation of these guidelines for a program to endorse a commercial product or service (or a provider or seller thereof). For example, ple, the following statements in a program are not proper: a. "Eat at X .Italian Restaurant"; or b. "Our thanks to X Italian Restaurant for providing refreshments after today's program." (The distinction between this example and that specified in section Ala is that in this example, X Italian Restaurant is in the business of providing food and beverages. Thus, the reference to providing refreshments in this context is a type of endorsement of X Italian Restaurant.) Guidelines Concerningtery Information or Obscene or Indecent Matter No program shall be transmitted (cablecast) which presents any lottery information or obscene or indecent matter. The terra "obscene" shall have the meaning stated in Section 43.21(a) of the Texas Penal Code. Other Guidelines 1. The public access channel user is responsible for ensuring that programming submitted for cablecasting complies with the requirements of city ordinances and these guidelines. This rule applies whether or not the user submitting the program is the producer of the program. 2. A public access channel user is responsible for the actions of and statements made by guests on any program. A violation of these guidelines is not excused merely because the violation is caused by a guest on a program. 3. The above - stated guidelines apply even in the case of public access channel programming which is broadcast live. 4. These guidelines may be amended by the Commission from time to time as it deems appropriate. 10 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: _02/12/08_ AGENDA ITEM: a) Resolution declaring policy relative to establishment of a storm water utility system. b) Motion directing staffto publish the required notice, under Chapter 402 of the Texas Local Government Code, of a public hearing to consider adoption of an ordinance to establish a storm water utility, and setting a public hearing to be held at the Tuesday, April 8, 2008 Meeting of the Corpus Christi City Council. ISSUE: On January 29, 2008 staff presented to City Council various policy issues to be considered in moving forward with the Storm Water Utility. Based on direction from Council, a Resolution foraliing the policy decisions made needs to be passed for incorporation into the Storm Water Utility Ordinance(s). Additionally, in order to meet statutorily required timing constraints, a Motion establishing the date of =the Public Hearing on the Ordinance Establishing a Storm Water Utility and Policies as April 8, 2008 must be approved. The publishing of notices regarding the Public Hearing require inclusion of the Draft Ordinance. REQUIRED COUNCIL ACTION: a) Resolution declaring policy relative to establishment of a storm water utility system. b) Motion directing staff to publish the required notice, under Chapter 402 of the Texas Local Government Code, of a public hearing to consider adoption of an ordinance to establish a storm water utility, and setting a public hearing to be held at the Tuesday, April 8, 2008 Meeting of the Corpus Christi City Council. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ERU- based rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, staffpresented to Council various policy recommendations for consideration and received direction regarding same as indicated in the attached resolution. CONCLUSION Sta * ec RECOMMENDATION: Council approval of the Resolution and Motion as presented. Dr tor of Sto a - r Operations Attachments: Background Information Resolution Draft Ordinance Creating Storm Water Utility BACKGROUND INFORMATION On December 18, 2007, the City Council approved a Resolution declaring its intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009. Council directed staff to move forward using the ERU (Equivalent Residential Unit) based rate model. At that time staff contracted the services of HDR Engineering, Inc, to assist in the development ofthe utility. During the course of that work, it became apparent that staff needed guidance from the Council regarding certain policy issues in order to move forward with data base veri RESOLUTION DECLARING POLICY RELATIVE E To ESTABLISHMENT T of A STORM WATER UTILITY SYSTEM. WHEREAS, on December 18, 2007, City Council passed Resolution No. 027545, declaring intent to establish a storm water utility system for implementation in FY 2009; and WHEREAS, the development of a budget for Fiscal Year 2009 requires identification of the fund structure for storm water; and WHEREAS, a schedule of storm water charges must be approved prior to the implementation entation of a storm water utility; and WHEREAS, various storm water utility policies will affect the calculation of storm water revenues and service rates; and WHEREAS, City staff needs preliminary guidance on policies to develop a budget framework; to design changes to the City's billing software L`HTE" system; and to calculate the estimates of storm water revenues and rates; and WHEREAS, At the January 29, 2008 City Council Meeting, staff presented to the Council a presentation entitled "Policy Considerations for the Development of a Storm Water Utility" and received Council's direction and decision on the policy issues presented. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City's storm water utility will be an enterprise fund and a part of the City's combined utility system. Storm water revenues may be used as debt pledge. SECTION 2. The primary source of storm water funding will come from storm water revenues. SECTION 3. The City wilt investigate possibilities and benefits of drainage impact fees as additional future source of capital fling. SECTION 4. The basis of service measurement will be to use runoff coefficients to derive an impervious cover proxy amount. SECTION . The City will consider developing and transitioning to impervious cover basis as a method of service measurement. SECTION 6. The rate design for storm water charges will be based on the Equivalent Residential Unit U approach. ABSOLUTE FINAL RE SO storm water policies 242-08 Page 1 of SECTION 7. For attached commercial, attached housing, and mobile homes, storm water charges will be billed: i to the customer where individually metered; and (ii) to the property owner where master metered. SECTION 8. Failure of a customer /user to pay utility charges when due will subject such user to discontinuance of any utility services provided by the City at that service address or at any other address of that delinquent user. If the City will place a lien on the property of a delinquent user, it will do so after having discontinued any utility services, provided that discontinuance of utility service is possible. SECTION 9. Impervious cover does not mean public rights of way, alleys, small vertical structures, fences, signs, pipelines, viaducts, streams, lakes, ponds, or swimming pools. SECTION 10. The following shall be exempt: A. The Naval Air Station-Corpus Christi (NAS) and the Port of Corpus Christi Authority properties within the City's limits which do not use the City's drainage system. These properties are considered "wholly sufficient onsite systems." B. "Property is held and ,maintained in its natural state" that is identified by having a value of improvements vements less than $10,000. C. A developed lot prior to issuance of a certificate of occupancy, identified by having a value of improvements less than $10,000. D. A state agency. E A public or a private institution of higher education. F. Property that is exempt from other city utility service charges. SECTION '11. Storm water credits will be granted as follows: A. Partial credit to storm water utility rates will be granted for properly - maintained onsite detention for 100 -yr storm event and greater. B. Partial credit to storm water utility rates will be granted for certain education programs of a school district. C. Credit will be awarded on a renewal basis. SECTION 12 During the period in which the service measurement defined in Section is in effect, appeals of a storm water charge are as follows: A. Appeal of a storm water charge's service measurement basis will be limited to appeal of lot size and land use classification used in the City's runoff coefficient method. ABSOLUTE FINAL RESO storm water policies 2-12-08 Page 2 of 4 B. Final appeal of a storm water charge's service measurement basis will be to the City Manager or designee. C. A budget will be established for appeals and adjustments. SECTION 13. This resolution shall take effect immediately from and after its passage. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED S TO FORM: M: o- Feb -o ii\f*Aeili Veronica Ocanas Assistant City Attorney for City Attorney ABSOLUTE FINAL RESO storm water policies 2-124E1 Page 3 of Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli ondo, Sr. Mike Hummel! Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCut hors ABSOLUTE FINAL RESO storm wafer policies 2-12-08 Page 4 of 4 ORDINANCE DECLARING AND ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBLIC UTILITY; DECLARING THE CITY'S STORM WATER UTILITY AS PART OF THE CITY'S COMBINED UTILITY SYSTEM; DEFINING TERMS RELATING TO THE STORM WATER UTILITY SYSTEM; CITING AUTHORITY TO ESTABLISH A STORM WATER UTILITY; INCORPORATING ATING EXISTING FACILITIES INTO THE STORM WATER UTILITY SYSTEM; PROVIDING FOR SEGREGATION OF STORM WATER UTILITY INCOME FROM OTHER CITY ACCOUNTS; PROVIDING IDING THAT ISSUANCE OF STORM WATER REVENUE BONDS OR COMBINED (WATER, , 11 ASTEWATE , GAS, AND STORM WATER) UTILITY REVENUE EI UE BONDS MAY BE REPAID WITH REVENUE FROM THE STORM WATER UTILITY CHARGE; WHEREAS, the City of Corpus Christi will provide drainage (also referred to interchangeably as "storm water') services for all real property in its corporate boundaries, except for exempted real property; and DRAFT WHEREAS, the City of Corpus Christi will offer storm water services on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, the City of Corpus Christi will establish a schedule of storm water charges against all real property within its corporate boundaries subject to charges; and WHEREAS, EAS, the City of Corpus Christi will establish and enforce rules ro riate to p p operate the storm water utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi (City) declares the storm water drainage of this municipality to be a public utility. SECTION 2. The City's storm water utility is part of the City's combined (water, wastewater, gas, and storm water) utility. ORD Est Storm Water Utility 2-12-08 FINAL Page 1 of a f r}+ DRAFT ?; SE Tro '3. AUTHORITY. The City is authorized to stabl■ sh this municipal stm water utility under Article XI, Section 5, of the Texas Constitution; the City's Charter; and State law. SECTION 4. .DEFINITIO S. in this ordinance: (1)(A) "Benefited propel" means an improved lot or tract to which storm water drainage service is made available under this subchapter. (2) "Cost of service" as applied to a storm water drainage system service to any benefited property means: (A) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of -way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefited property; (B) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefited property; (C) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefited property; (D) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefited property; (E) the prorated cost of funding and financing charges and interest arising from construction projects and the start -up cost of a storm water drainage facility used in draining the benefited property; (F) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other storm water revenue- pledge securities or obligations issued by the municipality; and (G) the administrative costs of a storm water utility system. RD Est Storm Water Utility 2-12-08 FINAL Page 2 of 5 { (3) "Drainage" (or "storm water drainage") means bridges, catch basins, s ! is conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, ps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. "Storm water charge" or "drainage charges' means: (A) the levy imposed to recover the cost of the service of the municipality in furnishing drainage for any benefited property; and (B) if specifically provided by the governing body of the municipality by ordinance, an amount made in contribution to funding of future drainage system construction by the municipality. "Storm water system" or "storm water drainage system" means the drainage owned or controlled in whole or in part by the municipality and dedicated to the service of benefited property, including provisions for additions to the system. (6) "Facilities" means the property, either real, personal, or mixed, that is used in providing storm water drainage and included in the system. "Public utility" means a storm water drainage service that is regularly provided by the municipality through municipal property dedicated to that service to the users of benefited property within the service area and that is based on: (A) an established schedule of charges; (B) the use of the police power to implement the service; and (C) nondiscriminatory, reasonable, and equitable terms as declared under this subchapter. "Service area" means the land within its municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the storm water drainage system of a municipality. ORD Est Storm Water Utility 2-12-08 FINAL Page 3 of Fr SECTION . INCORPORATION OF EXISTING FACILITIES. The City incorporates the existing municipal storm water drainage facilities and related supplies and materials into the storm water utility system. SECTION 6. STORM WATER UTILITY POLICIES AND SCHEDULE OF CHARGES. Subsequent to passage of this ordinance and providing for public notice and public hearing, the City will establish, by separate ordinances, storm water utility policies and a schedule of storm water utility charges. SECTION 7. SEGREGATION OF INCOME. The income of the City's storm water utility system will be segregated and completely identifiable in city accounts. If storm water charges are solely for the cost of service, the City may transfer the charges, in part, to its General Fund, except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the storm water drainage system. SECTION 8. STORM WATER REVENUE O DS. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, and storm water utility revenue bonds to be repaid, in full or in part, with the use of revenue from storm water utility charges. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: M: 2/4/2008 By: Veronica Ocanas Assistant City Attorney for City Attorney Henry Garrett Mayor ORD Est Storm Water Utility 2-12-08 FINAL Page 4 of That the foregoing ordinance was read for the first time and passed to its sewn reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Ell ende, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper �.. John E. Marez Larry Eli undo, Sr. Nelda Martinez Mike Hummel' Michael McCutchon Bill Kelly APPROVED AND PASSED on this _ day of , 2008. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor ORD Est Storm Water Utility 2-12-08 FINAL Page 5 of 5 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 12L 2OQ. SUBJECT: City Council adoption of a new Article of chapter 13, Code of ordinances to provide for specific code enforcement regulations in regards to Vacant Downtown Buildings. AGENDA ITEM: Ordinance enacting new Article IV of chapter 13, Code of Ordinances, entitled "Vacant Downtown Buildings ;" establishing property maintenance, security, and monitoring provisions required for vacant downtown properties; establishing downtown vacant building registration and inspection requirements; establishing fees; establishing enforcement provisions; providing an effective date; providing for penalties; providing for severance; and providing for publication. ISSUE: The purpose of this article is to protect the public health, safety, and welfare of the city. The enactment of a new Article IV of Chapter 13, Code of Ordinances relating to the regulation of vacant buildings is proposed to provide for enhanced and effective code enforcement and efficient abatement of violations in relations to vacant buildings in the Corpus Christi Downtown area. The proposed new Article IV of Chapter 13, Code of ordinances includes the following: • Definition of vacant buildings in downtown area • Boundaries of Downtown area • Responsibilities of owners of vacant downtown buildings • Specifications for property maintenance, security and monitoring provisions • Requirements for downtown vacant building registration and inspection and associated fees. • Provides for administration, enforcement, and penalties The Corpus Christi Downtown is a unique and distinct area of the City and has the potential to be a dynamic economic center for our community, however, improperly maintained vacant buildings inhibit the redevelopment of the downtown area. The prevalence of older, multi -story buildings constructed without setbacks from the street rights-of-way create a dense development posing increased risks from fire. The buildings often have common walls, or wails that abut, and the buildings are affected by the tack of maintenance of an adjoining building. Downtown buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities, and are extremely vulnerable to being set on fire by unauthorized persons. Vacant downtown buildings that are not properly secured and maintained are a blight and cause deterioration and instability in the downtown area and are serious threats to the public's health and safety. Therefore, the abatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. The city of corpus Christi researched the best practices of various cities throughout the country studying their strategies and enforcement practices enacted to accomplish the shared goal of Downtown revitalization. Many of these best practices included more stringent maintenance and security provisions than those currently in effect through our city's ordinance regulating vacant buildings. Many of the cities did have ordinances that were specific to their downtown business and commerce areas. And, there are cities that require a registration fee and various related inspection service fees on an annual and quarterly basis which include: Wilmington, Delaware; Evanston, Illinois; Sacramento, California; and Houston, Texas. The registration and associated service fees are all established based on the costs of monitoring, inspection, and associated administrative services involved with the enforcement of the downtown vacant buildings. Ail of the cities noted with these best practices claim success in their efforts requiring downtown building owners to properly maintain and secure their properties. And, in some cases vacant building owners have chosen to avoid the obligations of the ordinances by selling the buildings to persons who put the buildings to use, thus achieving their goal for public health and safety and revitalization. It was found that other cities regulate their downtown business areas through a Unified Development code to establish use patterns, base zoning districts, overlay districts, and special districts (urban corridor, commercial, tourist, and historic). The Cities of San Antonio and Austin, Texas utilize these methods of regulation. The city of Corpus Christi invited public input from various interested organizations during the development phase of the proposed new Article IV. Representatives from the Neighborhood Services and Legal Departments met with the Downtown Revitalization Committee, ittee, representatives from the Downtown Merchants Association, the Heart of Downtown, and the Downtown Management District Board to review various drafts of the proposed Article IV and discuss its regulation provisions and administration of this ordinance. The Downtown Management District appointed an ad hoc committee to continue meeting with City staff during the final draft stages of the ordinance providing feedback and suggestions from the prospective of downtown business owners. The general consensus and response from the various downtown groups has been that the City of corpus Christi does need to practice more stringent and consistent enforcement in relation to vacant buildings in the downtown area. They also agreed that there should be specialized enforcement specific to the downtown area. Many of the business merchants and building owners also agreed that the establishment of a registration and inspection fees would be acceptable, justified, and a progressive effort toward downtown economic stability and revitalization. Their general concerns involve consistent and fair enforcement practices, realistic abatement timeframes, the expense involved in the continuous abatement of vandalism to their properties, and the penalties that may be assessed and imposed at the discretion of a Municipal Court Judge. The time, and effort provided by these groups is proven valuable and appreciated for the development of the final version of this proposed Article I. ordinance Highlighted Regulations Provisions: • The definition of a "vacant downtown building" means a building located within the downtown area of which fifty -one percent 51 or more of the floor space is unoccupied and has been the subject of two (2) or more documented violations of any city ordinance. • Downtown Area Boundaries means that area bounded by Shoreline Drive, Park Street, Tancahua Street, Highway 181, Mesquite street, and Fitzgerald street (Boundaries are the same as the area designated for the A -frame sign ordinance enacted May 200 7) • Notke of Vacant Downtown Building. Upon determination that a building or portion of a building is classified as a "vacant downtown building" the Administrator shall: (1) Attempt to contact owner; and (2) Mali a notice of violation to owner; or (3) May Post notice on the building; or May Issue a citation or file charges to Municipal Court. The Ordinance also provides owner an administrative hearing to appeal the vacant building determination. • Vacant downtown building registration and plan and timetable. It is mandatory that the owner of a vacant downtown building shall register the vacant downtown building and files a vacant downtown building plan and timetable with the administrator not later than seven days after the owner receives verbal or written notice of the determination of a vacant downtown building. Plan Forms Provided by City for Owners to Include: Description of premises; Ownership and Contact information; Time table for expected vacancy or renovation demolition of property; A Plan for regular maintenance and security of building & premises; and A Plan to monitor and inspect property on weekly basis. The code Administrator may determine that a building is no longer a vacant building. • Measures the owner will employ to secure and monitor the building. To prevent access by trespassers which include the installation and maintenance of windows, doors shutters, grills, and bars (securing by normal means) for first floor. Installation and maintenance of boards on windows and doors on the ground floor is permissible for emergency repairs during that time required to order and replace the window or door with appropriate material. The owner is required to take action to correct any observed code violations, and take immediate measures to temporarily secure the building from trespassers and unauthorized entry. The boarding of windows, doors and other openings will be required for floors other than the first floor (securing by other than normal means). • Registration and inspection fees for vacant downtown buildings. The owner of each vacant downtown building shall pay to the administrator an initial vacant downtown n registration fee of $1,000.00, an annual re- registration fee of $1 ,000, and an inspection fee of $45000 every third month during each year the building is required to be registered. The registration fee and the re- registration fees include the cost of an inspection. The registration and inspections fees are transferable to a subsequent owner .of the building. Penalties. .Any person violating any provision of this article may be punished by a fine not to exceed two thousand dollars ($2,000,00). Any person convicted of a subsequent violation of this article may be fined not less than five hundred dollars ($500E00)nor more than two thousand dollars $2,000,00. Each day any violation of this article continues constitutes a separate offense. REQUIRED COUNCIL ACTION: The approval by the City Council of a first and second reading of the proposed ordinance is required to effectually enact the new article. CONCLUSION AND RECOMMENDATION: The new Article IV of chapter 13, Code of ordinances in this final form is proposed with the confidence that its enactment will provide for the enhanced enforcement and regulation required as an action step to accomplish the goal for downtown revitalization. City Staff recommends the approval of the Code of ordinances, chapter 13, Article 111, Respectfully Submitted, e Morales Haag, Dir borhood Services Department Attachments: Proposed Article IV, Chapter 13, Code of Ordinances Presentation BACKGROUND • May 2005 - City Council Goal for Downtown Revitalization The City Council established a goal for revitalization and redevelopment of the downtown area. • Establishment of the Downtown Revitalization ation committee With the direction of City Council, the Downtown Revitalization Committee was established to prepare recommendations for strategies to initiate a viable revitalization plan for downtown. • November 2006 — City Council approval of Downtown Revitalization ation Committee recommendations. The recommendations proposed an effort for enhanced code enforcement to include the following strategies that have been initiated and/or are in the process thereof: • January 2007 — Designation of a code Enforcement Officer strictly for the Downtown area. The Code Enforcement Officer provides concentrated enforcement of various issues including zoningisignage, building standards, care of premise issues, graffiti, and litter. The Code Officer communicates regularly with the Downtown Management District providing the status of code issues. • May 2007 — City Council approval and enactment of amendments to the City Code of ordinances to regulate - Framed signs in Downtown area. These amendments allow and regulate the placement of - framed signs in the public right of way for store - front advertisement. • February 2008 — Proposed new article to Chapter 13, Code of ordinances, to provide for specific code enforcement and regulation of Vacant Downtown Buildings. Page 1 of 16 AN ORDINANCE ENACTING NEW ARTICLE IV OF CHAPTER 13, CODE OF ORDINANCES, ENTITLED "VACANT DOWNTOWN BUILDINGS ;" ESTABLISHING PROPERTY MAINTENANCE, , SECURITY, AND MONITORING PROVISIONS REQUIRED FOR VACANT DOWNTOWN PROPERTIES; ESTABLISHING DOWNTOWN VACANT BUILDING REGISTRATION AND INSPECTION REQUIREMENTS; ESTABLISHING FEES; ESTABLISHING ENFORCEMENT PROVISIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown area pose risks to the public health and safety as the buildings pose an increased risk from fire, can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and crimings; WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a blight and cause deterioration and instability; WHEREAS, such improperly maintained buildings must be abated and rehabilitated; WHEREAS, the Downtown Revitalization Commi Page 2 o f l risks from fire. The buildin _ s often have common walls or walls that abut and thc buildings are affected by the lack of mntenance of an aloirir1 (2) Co • us Christi has the potenfial to be a dynamic economic center for the Cit however im ro • erl maintained vacant buildin * s and lots inhibit the redevelopment _f the downtown area. (3) Downtown buildings that are vacant and unsecured attract vagants, gang members and criminals as •rime locations to conduct ille ! al criminal activities. (4) Buildings that are vacant and unsecured are extremely vulnerable to being set on fire b unauthorized ersons. f5) Buildings that are vacant and unsecured are a blight and cause deterioration and instability in downtown. (6) uildin s that are vacant and unsecured pose serious threats to the public's health and_afet. (7)Abatement and rehabilitation of . orly maintained vacant downtown buildings is necessary f8) Vacant and unsecured buildin • s are declared to be public nuisances. 0') The purpose of this article is to Rrotect the public health safety, and welfare of the city, fRI_This article: (1) Determines the res • onsibilities of owners of vacant downtown buildin s. 2 Provides for administration enforcement and ' enalties. Sec. 13-4002. Definitions. Unless otherwise ex • ressl stated, the followin, words, terns, and phrases, when used in this article have the meanin * s ascribed to them in this section unless the context of their usa e clean different meaning: Administrator means the ci 's zoning and code enforcement administrator or the administrator's designees. Board when used as a verb means to cover an o eing. with_ lumber or panel of wood or other material. Boarded ui din means a buildin on which an o i enin • to the outside is covered with lumber or anels of wood or other material. The term does not include a buildin secured lonnal measures, Buildin means an structure or • ortion of a structure used or intended for su ortin _ or shelterinany use or occupancy, and includes an encloseduildig, open building, and • artiall o • en buildin: as defined in section 1609.2 International Buildin • Code. Pangerousjmilding meansets _abuildin which is otentiall hazardous to ersons or ro erty, i cludin but not limited to: a. A buildin # that is in dan * er of • artial or corn . lete colla • se. b. A buildin with an exterior arts that are loose or in clan *er offallin_ c. A building with an arts s stairs rangy s balconies, or roofs which are accessible and which are either colla • sed i daur * er of collapsing, or unable to support the Frei t o norall imposed loads, i Downtown means that area bounded b Shoreline Drive Park Street, Street ii h era 181 Mes. uite Street and Fitzgerald Street. HAL -DI I hared\ r ag nda 1200812 -1 1 .D- -Vacant downtown buildings.doc Page 3 of 16 Owner mew the owner of record in the count where the real . ro • ert is situate& an one identified as the owner on a vacant buildin Ian and timetable form• the holder of an unrecorded contract for deed■ a mort * a ± ee or vendee in vendor in .ossession• and an assi ossession• a mortgagor or ee of rents receiver executor trustee lessee or other person in possession or with the right to control of tie premises or a • ortion of the premises. An erson who is included in this definition as an owner has joint and several o 1i i ation for corm • fiance with the • rovisions of this article. A tenant who does not have the right of possession or control of a portion of the buildin that is unoccu .ied is not an owner for the pAgs_hises ofthis r rn in n nn ans talon r�nea ures to: ■ - - -_r iii "1 i \l�r. (1) Prevent the physical deterioration of the building. Prevent a decline in the appearance of the building, including lee Din. painted surface_ith a secure ad_jntact coating and reserving signagg without, physical deterioration. 3 Kee • a buildin # in a clean safe secure and sanit . condition com • liant with applicable technical codes and life safety codes. Prevent the building prom becoming an attractive nuisance. Pro • r maintenance ordinance includes but is not limited to the followin Code of circlinjAcp_s_prov_i§jons,;, (1) Article II, Chapter 13. (Building & Housing Standards Code. 2 Articles II VI VII VIII and IX Cha ter 14. Technical Construction Codes Excavations Re lation of Fill Materials Control of Aeolian Soils and Control of Solid Waste at Construction Sites Article I, chapter 1_8. (dire PreystiOpil )zie (4) Articles IL V and VII. Chapter 21. (Collection Services, Business or Commercial Establishments. and Control of Refuse 5 Article III Cha • ter 23. nhealthful & Dan Brous Conditions Article VI, Chapter 33. (Graffiti control) 7 Division 1 Article I Cha • ter 49. Relates to maintenance and duties related to r,dll, nc Wept_ rig,hts_-o_fl_Fay) (8) Articles XVI and XVII. Chapter 55. (Prohibition on Pollution of the Municipal Separate Sewer System MS and Maintenance and 0 • eration of Grease Interceptors and Oil /Sand Interceptors) Secure means to take measures to ensure that the interior of the buildin • cannot be accessed by: _ Vri4pttior,i4p4_persorl withput the use of tools or ladders. (2) _Birds and other animals through broken windows or other opus in th structure. Secured b normal measures means the use of structural com . onents of a buildin • including f~i t such_ as doors, unbroken windows locks, latches electronic securit stuns storm shutters ecurit shutters and .1Is .1I or bars installed at window and door o enin ! s which were installed while the buildin was constructed or added to the buildin while the buildin was occu • ied and bein * used for lawful . u • oses. Secured other than norrng rrrur means a buildin other than the ground floor openings# secured b mean th r tbArl„t os used irk thsigi of a building orthat are norrnall installed and utilized while a buildin is occu ied and bein _ used for lawful H:1L - I I b re \ ary \a enda\20 12 -1 \ RD- Vacant downtown buildings.doc Page oft ores. The term includes boardin an window or door o • enin * other than ound floor openings. U occ • ied means not bein used for a lawful occu • anc authorized b the certificate of ccupancy issued the i y s ini l in official. Unsecured means o en to en unauthori Pages of 16 is a vacant downtown buildin * and that the followin * measures need to be taken by the owner: a. file a vacant downtown buildin • •lan and timetable within seven days, k:_pLthe registration feel rclired 1:1/1.010 , c. take acti Page 6 of 16 The vacant downto vn buildin lan and timetable must be submitted on forms rovided b the administrator and include the foliowin • information sue •lied b the owner: L1LA dijrnu_i_A_descrintimpftlises. 2 The names addresses and tele hone numbers of all owners with a right of control over the property. The names and addresses of all known lienholders ar l,,l other parties with an ownership interest in the building. The name, address, grid tel of to olikesisis2perty manager r a ent and whether the p_roperty manager or a ent has the authority to independently act on the owner's behalf to repair or maintain thero,ert. The am and address of the owner, the name and address and contact information of a • erson authorized b the owner to make res • onse to an emergency or alleged violation related to the vacant downtown building 6 The . eriod of time the buildin • is e • ected to remain vacant. 7 If the owner lans on retumin the buildin to a lawful occu • anc and use the estimated date for returning the building to a lawful occupanc and use. 8 If the owner . lans on demolishin the buildin • the date the buildin is scheduled for demolition. 9 If the owner . lans on rehabilitatin • or renovatin the buildin the dates the buildin rehabilitation or renovation is scheduled to commence and be com . leted. 10 If the owner • tans on retainin * the buildin for investment measures that will be taken to uses the to reduce an adverse im ' act on the • ro • ert values of ad * acent r • e from the retention of the vacant buildin for jnvpstmgigsn. . 11 A ' Ian for re lar maintenance of the buildin durin _ the • eriod of vacant with certification that the buildin is com • liant with all a •I licable codes. 12, Identif y i re owner will em plo r.t _secure the building to prevent access by trespassers including but not limited to: a. Installation and maintenance _of adequate windows and doors for first doors b. Installation and maintenance of secure shutters ills and bars for windows and doors for first floor, c. Installation and maintenance of ade • uate locks for windows and doors for first floor, d. Installation o • eration and monitorin of an electronic securit r t rr w i h. monitors windows and doors b l s_ r a e_or motion sensors and a method of res . ondin _ to alarms from the electronic securit s stem other than sole reliance on the cit s • olice de artme nt e. Installation of boards on windows and doors above i ound floor f. Em ' to ent of watchmen who are licensed ' ease officers ublic securi officers # commissioned security officers or noncommissioned security cers, _and I�r T ^I Ann other thed approved by the adrrj i trator. 13 Measures the owner will em lo to monitor and ins • ect the .ro s ert on a the weekl basis. The weekl monitorin • and ins • ection must be H:\LE -DY ISha \ ary \a nda1 00812 -1 \ 1 D- acant downtown buildin s.doc erformed b Page 7 of 16 owner i ro • ert mana er or an a * ent of the owner with full authorit to maintain and make re airs to the proprt on a basis. (14) Locations of the warnin * si i s required by subsections 13-4008(b), 15 An reasonable related additional information re uired b the administrator. fc) The plan and timetable submitted b the owner must be App_roved by the administrator which as *royal ma not be unreasonabl l withheld. The administrator must a rove or disapprove the, an and timetable within seven working days of receipt from the owner. An ' lan disa roved must be resubmitted within seven 7 da s of •1 receipt of the notice of disa • I royal. d A r airs inn rovemnts, or alterations to the vacant downtown building or on the property n st c n 1 with 411 applicable City of Corpus Christi technical construction codes. ()_,The owner shall notify the administrator of an changes in nfrio supplied as art o the vacant downtown building Dian and timetable within thi.ififteeft-(4-51 seven (7 da of the change. If the plan or timetable for the vacant downtown building is amended i Page 16 LfL. For floors other than the ground floor of a downtown vacant building, if securing vacant downtown bui1din b normal measures fails to kee • the vacant buildin * secure the owner must use other than normal measures to secure the buildin including boarding the vacant downtown build ; . • For a • eriod not to exceed seven 7 da s the owner ma install and maintain boards on windows and doors on the gr and floor for emergency r repairs during that time r • uired to order and r- • lace the window or door with a • • ro • date material. (li) Failure of the owner to secure and maintain the premises that rest in abatement by the er is grounds for revo atron qf the .pprove l vacant downtown building plan and timetable and �r the owner is subiect to an a • • l�cable • enalties. Sec. 13-4008. Standards for boardin _ for other than th ound floor ofa vacant downtown building, a Exce . t as • rovided in subsection c of this section if the owner is unable to secure ,all floors other than the ground floor of a vacant buildin • b normal means, the owner shall board such floors of the vacant buildin under the ll��r�rf `ictirr and r uirements: 1 1 11 unsecrired doorways, windows,or other exterior o I enin ; s must be covered b wooden structural s anels. However the _lazed ortion of an otherwise structural1nd door mgyin replaced or coveredizy a wooden panel. (2) wooden structural • anels may be installed on the exterior or interior of the opening, L.L The wooden structural panels installed on the exterior of bu�ldin • must be flats care and level and in a manner acre • ted as l ood workmanshi • . The administrator has the sole discretion to determine if the work was erformed in an acceptable manner. R :..uired materials. The wooden structural • anels must be used to cover doorwa s windows or other exterior o . enin * s. The wooden structural • anels must be composed of CDX exterior grade plywood or oriented strand board "OSB" with a minimum one -half 112 inch nominal seven - sixteenths 7/16 inch actual thickness. The adniinistrator ma a rove the use of alternate materials. .6 R- • uired fasteners and hardware. All metal fasteners and hardware must be made of stainless steel, galvanized steel, or cadmium I lated steel. L5) Required coati s. All exteri Paeofl6 2. If there is no sill or the sill does not extend beyond the face of the buildin the wooden structural • anels must and extend at least four 4 inches on the to bottom and on each side of the o • enin 3. The wooden structural • anels must be attached to the building and window b wood screws la_ bolts or carria _ e bolts. A washer must be installed between the head of the screw or bolt and the wooden structural • anel. If carria • e bolts are used that extend into the interior of the bui Page 16 interior of the bui1din washers must be used between the nut and the interior surface. 4. Wooden screws and la • bolts must be secured to the structural framing mee b r surroundin the openi . The structural wooden • anels must be attached under the following table: TABLE INSET Fas ener Type Fastener Spain Panel span <= 4 4 foot a el s 4n <= <= 6 foot < panel span foot 6 foot <= 8 foot 2 J/2" #6 Wood 16" 12" screws 1/2" #8 Wood 1 Rr - 1 1� rt screws -- 6. The fasteners must be installed at o • • osin • ends of the wooden structural panels. . Masonry structures or structures with brick facades with metal trim surrounding window and do ff_openin s: . _ Ifthere is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels niluW A. the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade pry the top and both sides of the oer_n 2. If there is no sill or the sill does not extend be the `ace of the buildin _ the wooden structural ' anels must be either set into or TABLE INSET: flush with the mapprgiw41 or brick facade on the top, bottom, and on each side of the opening. , 3. The wooden structural • anels must be attached to the metal trim b metal screws la bolts or carria a bolts. A washer must be installed between the head of the screw or bolt and the wooden structural • anel. If cania_e bolts are used that extend into the interior of the burldin the interior surface. 4. Metal screws and la washers must be used between the nut and bolts must be secured to the metal structure used to frame the opening. 5. The structural wooden • anels must be attached under the following table: H:1LE -D1R\ Shared\ ary \a enda\2 O 12 -1 1 RD- Vacant downtown buildings.doc Page 11 of 16 Fastener Fastener Spacing Fastener Spacing • . Panel man_ : 4 4 foot < panel span <= <= 6 foot < panel s • an 4 f o o t < panel span <= foot 6 foot <= 8 foot 6foot <= 8foot 2 1/2" #6 Wood 16" 12" 2 1/2" #6 Wood screws 16 t 1� �, ZJ/2" #8 Wood 16" 12" screws..... 2 1/2" #8 Wood ;16 �� , 6. The fasteners must be installed at o • • osin • ends of the wooden structuralaels. r Masonry structures or structures with brick facades with no trim urrouu u wmd ws. 1. A wooden frame constructed of b four -inch nominal dimensional lumber must be installed around the perimeter of the o enin 2. The wooden frame must be secured to the masonry wall or brick facade with la bolts and vibration- resistant anchors havin a minimum ultimate withdrawal capacity of four hundred rjjy GM pounds. 3. The wooden structural • anels must be attached to the wooden frame using screws. 4. The structural wooden • anels must be attached under the foliowing table: TABLE INSET: ,.. Fastener T y p e 3 Fastener Spacing • . Panel wan -- 4 4 f o o t < panel span <= = 6 foot < pan_W __s an foot 6foot <= 8foot 2 1/2" #6 Wood 16 t 1� �, screws 2 1/2" #8 Wood ;16 �� 416 �, 1� �� --- screws 5. The fasteners must be installed at o structural panels. e. The administrator ma a rove the use of blocks cli . s or other •* osin ends of the wooden •• s • ecial hardware items or alternate methods for installin structural panels. All broken ass and any other loose material must be removed from the opening before the wooden structuralanels are installed. Exterior access to floor areas above the first floor such as fire esea . es and ladders, must be either: wooden H :\L -DIR\ hared\ ary lagendal 0012 -1 \O D- Vacant downtown buildings,doc Page 12 of 1 . a . emo r , to the second floor level or to height time (13_) feet above the u ound whichever is lesser. b. Secured to the satisfaction of the administrator. 10 Fascia si overhan n* S1 s roof si s and all other a 0 urtenances such as sun visors or awnin s must be removed if the are in a dan erous condition or could create such a condition. r defective materials, trim, or structural elements on the exterior of the buildin must be removed. 12 An condition which ma become a hazard or dan _ er to the •ublic must be corrected. The owner of an unoccu i ied boarded vacant downtown buildin shall . ost the irpirniseL 1 One 1 or more si i s must be ' osted at or near each entrance to the buildin • and on fences r walls appropriate. 2 The si s must remain s osted until the buildin * is either lawfull occu ied or demolished. The signs must contain the followin information: DO NOT ENTER 4 The letterin It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. of the si must be at least a fort -ei t- • oint font t 1• e size. c Due to uni ' ue architectural features instead of boardin a buildin in the manner s ecified by stx s Lion (a) of this section, the administrator ma allow the owner to secure the vacant downtown buildin ' in a manner that ade . uatel • revents unauthorized entry or vandalism. Sec. 134009. Pain in exterior boaar e l buildings. When an owner of a vacant downtown building boards up auildin, the owner shall a • .1 at least two 2 coats of exterior ' aint to the exterior ' anels installed on all o enin * s windows and doors. The coat of exterior aint must be black white the redominant color of the buildin rt or a color a . I roved b the administrator. Sec. 1 34010. a trati and_ins • ection fees for vacant downtown buildin } s The owner of each vacant downtown building shall pay to the administrator an initial stration fee of 1 000.00 an annual re -re ▪ stration fee of vacant downtown re 1 000.00 and an ins I ection fee of 5450.00 eve third month durin each ear the buildin is re • aired to be re .istered. The re stration fee and the re -re stration fees include the cost of an ins . ection. The re 1 stration and ins ections fees are transferable to a sube ►r t owner of the buildin dor premises. See. 13-4011. Ins section of vacant downtown buildings. a The administrator shall ' rvide for the inspcant downtown building not less than once every three months by Code Enforcement personnel and for the H:I LEG -D I Shared \Gary la enda\200 1 -1 \O D- acant downtown buildings.doc Page 13 of 16 inspection of each vacant downtown building not less than annuall ers r nel from the Building Official and the Fire - • artment. (b) The inspection shall be conducted to determine compliance with this article and all applicable codes. tg The results of the inspection shall be provided to the owner of the vacant downtown building and the person the owner to make response_ to any emer enc or Jjged violation _related to the vacant downtown building, ()The administrator may periodically reinspect vacant downtown buildings to ensure corn Hance with the rovisions of this article, Sec. 13 -4o 12: L cl a. re ire . Ca) If boardin ,,tie use of electronic monitoring systems or the use of other methods fails to ke unauthorized ersons fern eterin ' an unoccupied vacant downtown building, upon direction_by the administrator, the owner shall have a watchman on duty upon the premises every day cotinuol between the hours of 4:00 p.n. and 8:00 a.m. th) The watchman must remain on duty dail during tie required hours until the building is either legally occupied, demolished, or sold. Sec.13-4013. Entry or interference with notice prohibited. No erson ma enter or oeeu • an buildin} that has been a • • osted under subsections 13-4008 1 . &_ exce • t to re • air or demolish the buildin under • ro • er • ermit or for a purpose authorized b the owner or as allowed under subsection 13-4005 • . No erson may remove or deface any notice that has been • osted under subsections 13-4008(b) or-1-3-4011(b) until the required repairs or demolition have been completed or a certificate of oeeu rao has been issued by the building official. S c. 3 -4014. Reinspection. (a) If there is robable cause to believe that a code violation may be msent or o urring,the administrator may periodic all r r inspect vacant buildinWo qnsure compliance with the provisions of this article. The administrator shall assess a reins ection fee of four hundred fift dollars 450 against the owner of a vacant downtown building for each unscheduled reinspection of the buildin s is reasonOly necessary to determine compliance with the standards and procedures in this article. Sec. 13 -401. Notification. Once every six months the- administrator shall send to the cit n i1 _a list of all vacant downtown buildin • s that have become known to the administrator ding the precedin_sic months. Sec. 13-4016. Abatement expenses of city. The administrator shall after corn letin * the abatement maintain a record of the costs incurred or ex • ended b the eit to abate the nuisance includin H:\LEG-DIR\Shared\GaryS\agenda\2008\2-12\ORD-Vacant downtown building .doc Page 16 'he costs of providing notice t the owner and lienholder, including time s • ent researchin the identi of the owner and lienholder . r - • arin the notice postage* and publication costs. 2 Personnel costs involved with ins • ectin the . ro • ert Personnel costs involved in abatin the nuisance employees. 4 Prorated costs of the use of an city vehicles used to inspect the property. 5 Prorated costs of the use of an cit vehicles or e • ui • rnent used to abate the nuisance. 6 Costs of an materials or su lies urchased or furnished b cit 1• 7 An overhead char a of twee -five 25 er cent of the total e • eases incurred for administration for each abatement action. - Costs of n cntrctedrvice, irldir the costs of materials su, i lies and labor provided by the city's contractor. Sec. 13-4017. Continuous abatement authority. If tT town uild ingsq: prp_mises §tAiryciiindithe buildin previously abated b the owner or the administrator under a notice and order to abate again is in violation of e carne ro i for cif d ithin one (1)year of the notice and order to abate and the admi Page 15 of 16 d violation of this article is a violation of a rule ordinance or • olice re lation that overns fire safet or • ublic health and sanitation ineludin ille al dum (e) Each day any violation of this article continues constitutes a separate offense." SECTION . That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION . A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION . That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect upon and after publication of this ordinance. H: LEG -D Shared\ ary \ag nda\ 012 -1 \ RD- Vacant downtown buildings.doc Page 16 of That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez-- - . Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of �- , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: January 21, 2008 By: afZiS):11)G W {Smith Assistant City Attorney For City Attorney H:1 LEG - IR Shared\ arySlag nda\20 8\ -I IORD- Vacant downtown buildings.doc February 12, 2008 vi N 0 C a) C L O 45 W -0 Q U Cei � 0) C15 .� Q C13 co _C U 0 a) U :._, a) Z "Vacant Downtown 06% c L Q 2 a"r 0. c‘3 0 to 0 o cl > v — ca O ? v a(I) mmE O 0 C _., En a)(1) C u .47. c U cc CU C .0 O 12 :,, u(1) 0 °UT C o� c as -o � o � Ooco c 3 a o 0 -a 4_, c c � � 3 o :TA ; cn . C mim. a) -o = c L = a) e u) co c u) Gi L .— ii■ 0 0 0 = C ‘I' -0 -C3 :(7) 4.. C CU -0 C 0 CD " ni O CU (/) +.1 .- 0 -I-. cp. a = al a .— D- > 0 v5 al 0 E " a E cu 6 >i% N 3L E cu a) ..7, 0 Es La3 2 o co a f� 3 d 3f• C o '5 V C a) L o. Q 0 'c; oc d cn 0- CD)..r% C V C C7) � � s c a) 12 a 12 cn .(L) mg NE .(I) u) 'a .0 -0 :t. 0 -0 .0 -a 5 al a 0- co TA p O O wE. 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E - z >, o co c -_,=, Lo _c cz c = C\1 Z ° 0_ Q 0— t?.; Z < CL5 CO a) w n n n -C �- L •� Q CD- 73 0_ 45 (I) = A-• (1) cn 0 (1) 0 - L_ 73 0- (D -° -C Q � 0 0 . U C6 .CL) 2 --°C N- , a) L_ Li= E Q 2 O 2 � _(12 2 >, 2 o t, 0 g a) _.-S :.%_-• U c >+ O Aa• - tz• - _a a V O a) a) c 0 c 7 a) N C � �OoUO -0 cD U (13 C co cn L -cc (13 o a) 73 4— W _.- _, cy L_ a) 0 O L_ _c (I) o 0) -a . c 5 "c't5 lc O(/) o_ cm •Q L -0 o "'° � U a) _._, (13 E c 73 a) L- - r- 5 E ' co 0 CD L -1-° 0 42 Q _C C (1) H a) "t1)1 ■ C 0 :1-• CO N s C 0 "' 73 • cn 0 -1—• cn a) 0 21 AGENDA MEMORANDUM AGENDA ITEM: February 4, 2008 Second Reading Ordinance amending Section V.13. "Minimum Standards" of the Platting Ordinance to require looped water lines and provide for the definitions related thereto; providing a repealer clause; providing a severability clause; providing a penalty clause; providing for publication; and providing an effective date. ISSUE: In discussion of Presentation Item No. 20 and Regular Items No. 21.a. and 21.b of the City Council meeting of September 18, 200 7, staff received direction to develop amendments to the existing Corpus Christi Platting Ordinance to modify minimum standards for required water system improvements. The proposed ordinance as amended by Council includes the requirement that City Council approve temporary dead end water supply mains and distribution mains when an existing line is extended, and further extension of the line is already programmed to begin construction within three years. This obligates Council to perform staff level technical review of proposed infrastructure improvements. Staff is concerned that this requirement will add significant delay in the approval of development plans and recommends its deletion from this Platting Ordinance amendment. Therefore, staff requests an amendment to this item be made by Council during the February 12, 2008, City Council meeting. The requested amendment will remove the requirement for City Council. approval of all temporary "dead end" water mains. An appropriate motion and revised ordinance will be provided. RECOMMENDATION: Staff recommends approval of the ordinance as amended. - 7_J - - - - - - -- — - - - -- - Nix, A.1. .P. Assistant City Manager for Development Services ATTACHMENTS: Exhibit A. Exhibit B Background Information Proposed Ordinance Amendment, Water System Standards AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The agenda for the September 18, 2007 City Council meeting included Presentation Item No. 20, "Water Trust Fund Update: Development outside City Limits ". Also included within the Regular Agenda for this meeting were Item No. 21.a,, "'Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Billy W. Sanders and Robbie Sanders, owners and developers of London Club Estates located north of FM 43 and east of the FM 43 and FM 763 intersection for the installation of 4,961 linear feet of 16 inch PVC water arterial transmission main ", and Item No 21.b., "ordinance appropriating $295,268.97 from the Arterial Transmission and Grid Main Trust Fund No. 540450- 21805-4030 to reimburse Billy W. Sanders and Robbie Sanders for the installation of 4,951 linear feet of 16 inch PVC water arterial transmission main ". Discussion related to the presentation and agenda items mentioned above focused on various city growth issues, in particular the types of development which are possible under the current ordinances versus desirable growth patterns, levels of water system irprovements required by the current ordinances, and the impact of existing reimbursement policies and procedures on development in the areas which fall within the City's Extraterritorial Jurisdiction ETJ , but outside the city limits. The motion and ordinance included in item 21 of the Regular Agenda were not passed when voted on by the Council, and staff was directed to develop amendments to the applicable City ordinances to modify standards for required water system improvements in the area between the city limits and the ETJ. Staff was also directed to develop amendments to the applicable City ordinances to modify reimbursement procedures for water line improvements within the same areas. Section 212.904 was added to the Texas Local Government Code by House Bill No. 1835, effective June 18, 2005. This section re wires munlcipallties to make a determination of rough proportionality when requiring a developer to bear a portion of the costs of municipal infrastructure improvements through dedications, payment of fees, or payment of construction costs. Amending the ordinances to limit reimbursement of water system infrastructure improvements to developers outside of the city limits requires that the standards of rough proportionality be established. In addition, during the months of September and October, the City experienced various water distribution system operational difficulties. These operational issues resulted in an investigation by the Texas Commission on Environmental Quality, and ultimately, and Administrative Order was issued. In an effort to reduce the potential for more related issues in the future, staff was directed to develop amendments to the Platting Ordinance to restrict the installation of "dead end" waterlines as part of new development. These restrictions are included in the proposed amendments to Section V. B.6, of the Platting Ordinance. Two separate Platting Ordinance amendments were developed in accordance with the Council directives. These amendments were presented to the Planning Commission on January 9, 2008. The item was tabled for further discussion between staff and representatives of the development community. The item was brought back before the Planning Commission of January 23, 2008, and was tabled again by the Planning Commission. With the concurrence of legal counsel, staff determined that to comply with City Council Exhibit A Page 1 of 2 directives, it would be necessary to move the item forward to the Council agenda for public hearing and consideration without Planning Commission recommendation. The items were included as public hearing and first reading ordinance items in the City Council agenda of January 29, 2008. After staff presentation and public hearing discussion, action on the trust fund reimbursement and rough proportionality amendment language was tabled. Staff was directed to continue efforts toward further review of the existing ordinance language, as part of a more comprehensive evaluation of water utility infrastructure funding. City Council voted on proposed amendment language pertaining to water system requirements, which was passed to second reading. Exhibit B, attached, includes the revised ordinance amendment necessary to incorporate these requirements. Page 2 of 2 Page 1 of AN ORDINANCE AMENDING SECTION V.B. "MINIMUM M STANDARDS" OF THE PLATTING ORDINANCE TO REQUIRE LOOPED WATER LINES AND PROVIDE FOR THE DEFINITIONS RELATED THERETO; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the installation of dead -end li Page2of4 circulation and Iithall be prohibited except as permitted herein._ _Upon _approval nd water supply _iriajns and distribution mains m be temp rari1 -p rmitted when an existin line s extended and the finer extension f,„ the iin _ is alrear-_pro rammi tql begin construction within three years. All permitted dead end lines shall conform to TCEQ requirements and standards. as well as city standards. No other dead end lines are permitted, whether they are t l owned or ubli l pwneci, v. B. 5. a) Water main extensions associated with • based construction that do not fully provide for islutin Srster pir 1nt tie, activated for sgrytc_e_ t_pypild the point where kping requirements are met, except as otherwise permitted herein. All ' emitted dead end lines shall conform to TM /re r anc standards_ as well s city standards. No other dead end lines are • emitted Whether they are privately owned or public owned. v. 13. 5. a) Where a proposed development includes area currently - speed - b Dead End Mains, required infrastructure improvements that provide for e to li hin i t buti n - S stem _ _ Looping,. -- and elimination of the Dead End Mains shall be defined. If these inn . rovements • uali as arterial ;d or distribution- plain_ extensions, s app licable. they will be administered in accordance with the recpiirernents of Section V.13.5. v. B. 5. b) Definitions: v. B. 5. b) Dead End Main: Any water main, whether fire, distribution, grid,gterial, or transmission nmin that terminates at a • oint other than a connection to another line or main which • rovides for Distribution SymLooping. v. B. 5. b) Distribution Systm_LQoping: Alignment or routing of water distribution mains in combination with associated * rid or arterial mains that • rovides EXHIBIT Page 3 of 4 serinia roperty usin minimum of two inde endent routes of water flow. SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. If, for any reason, any section, paragraph, subdivi Page 4 of That the foregoing ordinance was read for the first time and passed to its second reading on this the day of _. , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez arti e Mike Hummel' Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of - - �, 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael ichael i cC tchon Bill Kelly PASSED AND APPROVED, this the day of , 200& ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: January 21, 2008 By: Gary W. Smith Assistant City Attorney For City Attorney EXHIBIT B MOTION TO AMEND Move to amend section V. B. 5. a) by deleting the requirement of City Council approval of temporary dead end water supply mains and distribution mains when an existing line is extended, and the further extension of the line is already programmed to begin construction within three years. Q--. Page 1 of 4 AN ORDINANCE AMENDING SECTION V.B. "MINIMUM STANDARDS" OF THE PLATTING ORDINANCE TO REQUIRE LOOPED WATER LINES AND PROVIDE FOR THE DEFINITIONS RELATED THERETO; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE -WHEREAS, the installation of dead -end lines places an unreasonable operational burden on the City's Water Department and requires an unnecessary waste of treated water in order to maintain the system; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 9, 2008, and January 23, 2008, during meetings of the Planning Commission, and on Tuesday, January 29, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That Section V.B.S. "Waterlines" of the Platting Ordinance" is amended to read as follows: "v. B. 5. Waterlines. v. B. 5. a) an approved treated water supply main of sufficient capacity as determined by the Water Superintendent is available within one (1) mile of the property being platted, irrespective of location within or without the city limits, each lot within the subdivided area shall be provided with access to such water supply. The water system shall be designed in accordance with the Distribution System Standards published by the Water Division, Corpus Christi, Texas, in effect at the time of commencement of water system construction. v. I. 5. a) Installation of •ernanent mains in the distribution system that do not provide for Distribution stem Looping - required to __ensure _ _ water CAjp\ordinance amendment october 2007\final council agenda packet L -04 -081 OFD- PlattingLoopedWaterlinesO Ol 9 ended.do Page 2 of circulation and _ quality shall be prohibitedxceM as otherwi Page 3 of 4 service to each d'oinin ro ert usir a minimum of two inde s endent routes of water flow. SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION . That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION . This ordinance shall take effect upon and after publication of this ordinance. C :'jplordinance amendment october 2007\final council agenda packet 1-O .O \OR - P1aitingL.00ped at r1ine O 0 I29amended.doc Page4of4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Mare Larry Elizondo, Sr. Nelda Martinez - -- - - Mike Hummel!. Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Mare Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of - -_, Zoo. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: January 29, 2008 By: Gary W. Smith Assistant City Attorney For City Attorney CAjp\ordinance amendment october 20071final council agenda packet 1-04-08‘ORD-PlattingLoopedWaterlines080I29amended.doc 22 AGENDA MEMORANDUM DATE: February 12, 2008 SUBJECT: New Broadway Wastewater Treatment Plant — Design Services AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering contract with Carollo Engineers, P.C. of Phoenix, , Arizona in the amount of $7,306047.00 for a restated not to exceed contract total of $733O962.00 for the New Broadway Wastewater Treatment Plant. B. Motion authorizing the City Manager, or his designee, to execute an engineering contract for peer review with Freese and Nichols Engineering, Inc. of Fort Worth, Texas in the amount of $339,294,00 for the New Broadway Wastewater Treatment Plant. ISSUE: The proposed project provides for the construction of a new 8.0 MGD Wastewater Treatment Plant on land adjoining the existing plant. A portion of the new plant will be built on top of existing Broadway Wastewater Plant facilities. The new plant will be a state of the art treatment facility meeting all federal and state environmental regulations with odor control to eliminate all negative impacts associated with older treatment facilities. FUNDING: Funding is available from the FY 2008 Capital Improvement ver ent Plan (CIP) Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater Department -.K‘o;fr5A)g) d#itional_Surt Material: Exhibit "A" Background Information Exhibit "A-1" Prior Project Actions Exhibit "B-1" Carollo Contract Summary Exhibit "B-2" Freese & Nichols Contract Summary Exhibit "C" Location Map H :IH0ME1KEVINS1 EN \WASTEWA17 93BroadwaylAEAwdNiemo.doc Kevin Stowers, Interim Director of Engineering Services BACKGROUND INFORMATION SUBJECT: New Broadway Wastewater Treatment Plant (Project No. 7293) PROJECT DESCRIPTION: The proposed project provides for the construction of a new 8.0 MGD average daily flow Wastewater Treatment Plant and outfall structure on land adjoining the existing Broadway plant. The plant will have a peak 2-hour capacity flow of 40.0 MGD. Treatment will at the 20/20 level (20 parts biological oxygen demant 20 parts total dissolved solids) in accordance with the operating permit. A portion of the new plant will be built adjoining the existing Broadway Wastewater Plant facilities with a portion being built on part of the existing plant. The new plant will be a state of the art treatment facility meeting all federal and state environmental regulations with odor control to eliminate all negative impacts associated with older treatment facilities. ENGINEERING CONTRACTS: Selection Process: The recommended firms were selected through a formal Request for Proposal process. FP2006-01 was distributed to 195 engineering firms on May 9, 200 6. Eleven 11 firms responded, and five firms were selected for interview based on their submitted material. The firm of Carollo Engineers was ranked number one 1 andthefirm of Freese and Nichols was ranked number two (2). Carollo was selected to design the treatment plant. Freese and Nichols was selected for peer review services. Design Contract: The contract with Carollo Engineers, P.C. provide for permitting, basic engineering design, construction phase, full time on site project construction management, surveying, public information assistance, training, and special treatment facilities design. A small administrative rrard for preliminary phase services was originally made December 1, 2006. A summary of the contract is attached. See Exhibit E -1. Peer Review Contract: The second engineering contract with Freese and Nichols Engineering, Inc. provides for peer review of the design services to ensure the City receives the best value and the project can be constructed at the least possible costs. A contract was awarded to Freese and Nichols on December 12, 2006 for peer review regarding the selection of the treatment process. The proposed contract summary is attached. See Exhibit B-2 TIME OF COMPLETION: : It is anticipated the plans will be complete in August of 2009. It is also anticipated that construction will be completed in the fall of 2012. PROJECT BACKGROUND: The project has a long and complex history. Analysis and studies relating to the replacement of Broadway Wastewater Treatment Plant began in 1996. Continued analysis resulted in the decision that there was not a cost effective way to construct a replacement treatment plant outside the general area of the current Broadway Plant. A chronology of major events and time line are attached. See Exhibit A -1. H; I-O E\KEVIN l E \WA TEWAl7 9 BroadwayLAEAwdBkgExb doc PRIOR ACTIONS BACKGROUND INFORMATION: The decision on the best method for replacing Broadway Wastewater Treatment Plant involves a very large, complex number of issues. The City and staff moved the process forward to the net phase as quickly as possible once the Council approved the Implementation Plan in 1997, but this required considerable time. To accomplish this the City had to: • select consultants; • develop information needed for design of the project; and • evaluate new information as the project progressed. During this next phase of project implementation, a report titled "Broadway Plant Lift Station and Diversion to Greenwood Plant" was prepared by Govind Engineering as a result of various amendments. The report discussed the major issues that emerged from their study which were: • the peak design flow was determined to be greater than the original peak flow used in the 1997 Urban Engineering report; • more detailed design and cost estimates determined the cost savings of diverting the flow from Broadway P to the Greenwood WWTP would not be realized; • capital costs to build a new plant in the industri work with the Port to discuss other land swap options that would reduce the cost of construction at this location. However, should the Port location not be available, the City will continue with the existing location. (It subsequently was determined in November that the Port location was not available.) MAJOR STUDIES AND FINDINGS: 1996 to Present - The City has spent in excess of $30 million on 26 projects for the Broadway collection system and Broadway VVVVTP since 1996 to keep the collection system and plant functioning and in regulatory compliance pending diversion or to prepare for the replacement of the Broadway plant. The projects include plant odor controls, repairs necessary to maintain operations at the existing plant, and collection system work to prevent overflows. March 1 997 — Adoption of Wastewater rater Facilities Implementation Plan, Oso Greenwood Service Areas & Broadway Plant Diversion (Urban Engineering). January 1998 — Contract Award — Evaluation of Broadway Collection System (Urban Engineering) resulting in ongoing repairs (9 years) that are still being completed. u wst 1998 — Contract Award — Broadway Plant Lift Station and Diversion to Greenwood Plant (Govind Engineering) which determined: • peak flows were greater than originally believed; and • diversion costs were considerably higher. June 2001 — Contract Amendment -- Broadway Plant Lift Station and Diversion to Greenwood Plant Govind Engineering) for evaluation of other options including diversion to Allison VVVVTP, construction of a new plant at existing site or on a new site in the industrial area site resulting in findin g that: • the long force mains required for the Greenwood diversion would cause sewage to turn septic in the pipeline resulting in hydrogen sulfide gas emission at discharge point, and requirement for additional treatment due to anaerobic condition; • land at the Greenwood VWVTP is divided by Lo Iloilo Creek making the western part of the property difficult to use for plant expansion; • both sides of Lo lollo Creek contain designated archeological sites; • only about 1 acres of land is available for expansion due to present Plant configuration and other programmed expansions; • flow from the current and future Greenwood basin service area requires 40 MGD of capacity leaving little or no land area to construct treatment capacity for any diversion from Broadway. June_ Z oo through May 2002 — Contract Award — Various Amendments Go rind Engineering) to design necessary Broadway VVWTP repairs to allo w plant to remain operational and in compliance until diversion or new treatment plant could be built. Exhibit -1 Page 2 of 7 April 2002 — Council directed staff to acquire property for a new treatment plant in the industrial area. Contract Award — New Treatment Plant Site Acquisition Study (Govind Engineering) as directed by City Council. jqIyZQ3 — Contract Award — Construction of new 40 MGD Lift Station completed in 2004 to better serve customers in the Broadway basin and a future treatment plan. f11 — Staff and consultants conducted intensive analysis of 13 sites for construction of a new treatment plant. Onuqnt_?006 — Presentation of detailed analysis of alternative locations for a new treatment plant for the Broadway service area resulting in recommendation to proceed with the Flint Hills' site. October 2007 -- Motion selecting the site ranked No. 3 being the current Broadway Treatment Plant site for the location of the new wastewater plant and directing staff~ to work with the Port to discuss other and swap options that would reduce the cost of the construction at this location; however should the Port location not be available, the City will continue with the existing location. DETAILED LIST OF PRIOR COUNCIL ACTIONS: 1. March 18, 1 997 --1 997 Implementation Plan • Divert flows to Greenwood Wastewater Treatment Plant 2. August 18, 1998 -- Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Outfail Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant Nue es River Delta. (Motion No. M1998-285) -285) 3. Mayffi. 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant Nueces River Delta. (Motion No. M2001-189) 4. Mayi1 , 2001 — Council directive to evaluate four options: ##1 — Diverting flows to Greenwood #2 — Diverting flows to Allison #3 — New Plant in Industrial Area along Ship Channel #4 — New plant at Broadway Wastewater Treatment Plant site 5. Se — Council directive to evaluate the following: • Eliminate Options 1 and 2 and further consider: • Construct New Plant at Broadway site . Construct New Plant in Industrial Area along Ship Channel Exhibit A -'l Page 3 of 6. October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch utfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantiNueces River Delta. (Motion No. M2001-409) 7. January 29, 2002 — Council directive to amend 1997 implementation Plan to include: • Do not divert flows to Greenwood Wastewater Treatment Plant • Do not construct new plant at Broadway Wastewater Treatment Plant site; Select new plant site in industrial area along ship channel: Site 1: Port of Corpus Christi Military Staging Site Site 2: Kerr McGee Property Site 2A: West Broadway at Sam Rankin in Site 3: Citgo Port Ave. Terminal 8. April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount of $99,112 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantiNueces River Delta, (Motion No. M2002-099) 9. _a 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering services agreement with MEI Govind Inc. in the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project — 36"/48" Diameter Gravity Line and Lift Station. (Motion No. 2003 -239) 10. December 16 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to exceed $62,338 for the 24,1n h Gravity Sewer Line along Antelope Street between Palm Street and Doss Street. (Motion No. 2003 -447) 11. November 16, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi, Texas, for a total fee not to exceed $39,044 for a total restated fee of $1,378,811 for the Antelope Street and Salt Flats Area 36-inch/48-Inch Waste water Gravity Interceptor Project. (Motion No. 2004 -429) 12. April 26, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment ent Igo. 17 to an engineering services contract with MEI Maverick Engineering, Inc. in the amount of $67,600 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantiNueces River Delta. Motion No. M2005-127) Exhibit A -1 Pa•e4of7 13. January 31, 2006 — As per City Council directive, the City Manager and staff have engaged in preliminary negotiations with Flint Hills and Citgo and any ancillary entities and are now reporting to the Council within the required 30 days regarding the location of a new Wastewater Treatment Plant on Site 3 Citgo Port Terminal or Site 4 Flint Hills Resources Tank Farm, eliminating as many variables as possible. 14. February 28,_2006 — Motion authorizing the City Manager, or his designee, to enter into negotiations to purchase Flint Dills Tank Farm site (Site for the location of the New Broadway Wastewater Treatment Plant. (Motion M2006-071) 15. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of 146,994,500. (Ordinance No. 026997) 16. September 25, 2001 — Presentation to the City Council on the Broadway Wastewater Treatment Plant Diversion Status. This presentation is in response to Council request for more information. On August 21, 2007, the City Council requested staff revisit existing Broadway Site and compare to diversion to Greenwood Wastewater Treatment Plant. 17. October 30,_2007 — Motion selecting the site ranked No. 3, which is the current Broadway Wastewater Treatment Plant site, for the location of the new wastewater treatment plant and directing staff to work with the Port to discuss other land swap options that would reduce the cost of construction at this location; however, should the Port location not be available, the City will continue with the existing location. (Motion No. M2007 -284) PR1q PRIOR ADMINISTRATIVE ACTION: 1. September 10 1999 — Administrative Amendment No. 1 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services for the Airport Ditch outfaII Improvements. 2. June 27, 2000 — Administrative Amendment No. 2 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $9,460 for a total restated fee not to exceed $343,793 to evaluate alternate pump station locations. a June 192091- Administrative Amendment No. 4 to an engineering services contract with Govind Associates, Inc. for a total fee not to exceed $14,020 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. 4. May 22, 2002 - Administrative Amendment No. 7 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $24,650 for a total restated fee not to exceed $573,145, for the Broadway Wastewater Exhibit A -11 Page 5 of 7 Treatment Plant Diversion Project. 5. Npyenier.i41_ _ 2002 - Administrative Amendment No. 8 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $18,195 for a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. 6. December 24 2002 - Administrative Amendment No. 9 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $24,880 for a total restated fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant Diversion project. 7. Eq_bryary 6x 20p - Administrative Amendment No. 10 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $1,300 for a total restated fee not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion project. 8. August 29� 2002 — Administrative Amendment No. 12 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. 9, Aril - Administrative Amendment No. 14 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a total restated fee not to exceed $1,323379, for the Broadway Wastewater Treatment Plant Diversion project. 10. November 5, 2004 - Administrative Amendment No. 15 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $16,388 for a total restated fee not to exceed $1,339,767, for the Broadway Wastewater Treatment Plant Diversion project. 11. riI 26L ?0 - Administrative Amendment No. 18 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $12,168 for a total restated fee not to exceed $1 ,458,587, for the Broadway Wastewater Treatment Plant Diversion project. 12. August and October 2005 — Met with I--H111 Crest area residents, including site visit to Whitecap Wastewater Treatment Plant on Padre Island. 18. January s2 - Administrative Amendment No. 19 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $24500 for a total restated fee not to exceed $1,483,087, for the Broadway Wastewater Treatment Plant Diversion project. Exhibit A -'E Page 6 of 7 1 . May 9, 2006 - Distribution of Request for Proposals (R FP) No. 2006 -01 New Broadway Wastewater Treatment Plant to 195 engineering firms local and 115 non-local). 15. June 6 2006 - Addendum No. 1 to the Request for Proposals (R FP) No. 2006-01 New Broadway Wastewater Treatment Plant to 195 engineering firms (80 local and 115 non - local). 16. PA.iqu$t 14, 2006 - Administrative Amendment No. 20 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $1 7,308 for a total restated fee not to exceed $1,500,395, for the Broadway Wastewater Treatment Plant Diversion project. 17. December 1 _2006 — Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Carollo Engineers, P. C. of Dallas, Texas in the amount of $24,915 for the New Broadway Wastewater Treatment Plant Project. 18, December 12 2006 - Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Freese & Nichols, Inc. of Austin, Texas in the amount of $24,900 for the New Broadway Wastewater Treatment Plant Project for peer review assistance. 19. Au u 17, Zoo - Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Carollo Engineers, P. D. of Dallas, Texas in the amount of $24,990 for the New Broadway Wastewater Treatment Plant Project for the re- evaluation site selection criteria evaluation and evaluation of constructing a 8.0 MGD Plant at the existing Broadway Wastewater Treatment Plant Bite. 20. September 28, 2007 - Administrative Amendment No. 21 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $49,529 for a total restated fee not to exceed $1,549,924, for the Broadway Wastewater Treatment Plant Diversion project. 21. November 2007 — Council advised that the Port property was not available after meetings with the Port. Exhibit A -1 Pale 7 of CONTRACT ACT SUMMA New Broadway Wastewater Treatment Plant (WWTP) — Design & Construction Phase Services 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following as supplemented by Exhibit "A-1". 1. Preliminary Phase. The Engineer will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed to prepare a Preliminary Engineering Report (PER) which includes Preliminary designs (these designs represent 30 percent complete), drawings, and written description of the project The scope of the Preliminary Phase shall include these efforts: a. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in formal meetings with City staff, as described in Exhibit A -1, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven working days of the meeting. The Engineer will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c, Submit one (1) copy in an approved electronic format, and one paper copy of the PEI, with executive summary, opinion of probable construction costs with life cycle analysis that is based upon a 20 -year analysis period, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. PER will include the following (with CONSTRUCTABILITY UCTABILIT being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The Engineer will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plans, 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and Exhibit -1 Page 1 of 11 probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). . 5) Advise of environmental site evaluations and archeology reports that are needed for the Project Environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the Engineer and Sub- consultant Engineers have checked and reviewed the PER prior to submission. 9) Engineer will respond to review comments developed jointly by the City staff and the City's Peer Review Team. 2. Deli n Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Engineer will: a. Study, verify, and implement PER recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one contract with its complement of Construction Bid and Contract Documents in City format (using City Standards as applicable). The contract shalt include a complete set of Contract Agreement forms, general conditions, supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract - and bid-related items; and specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized, and such other essentials as may be necessary for construction and cost analysis. The Construction Bid and Contract Documents included in this work shalt be: • New Wastewater Treatment Plant (8-mgd plant at average daily flow). [Exhibit B ..1 Page 2 of 11 This contract will construct the piling and geotechnical improvements to the site and construct the new wastewater treatment plant and all final site improvements c, Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. For the contract, prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to better track progress and payments, e. For the contract's review of either the Interim (60 percent) submittal or the Pre -Final (100 percent) submittal, furnish one (1) copy of the status plans, specifications, and bid documents to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution fist for plans and bid documents to all affected utilities including City and all other affected entities. Required with each contract's Interim plan is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc, • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Ikon- standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f For the contract's review of either the Interim (60 percent) submittal or the Pre -Final (100 percent) submittal, assimilate all review comments, modifications, additions /deletions for each Contract, and proceed to next phase, upon Notice to Proceed. g. For the contract's review of either the Interim percent) submittal or the Pre- Final (1 00 percent) submittal, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. For the contract, provide Quality Assurance /Quality Control (QA /QC) measures to ensure that submittal of the pre - final, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Engineer shall submit a fetter declaring that all engineering disciplines of all phases of the Exhibit B -1 P. e3of11 submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines, including but not limited to structural, civil, mechanical, electrical, etc. 1. As required for the Contract, provide the design of traffic controls including a Traffic Control Plan, illumination, markings and striping, signali ation and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide .one (1) set (hard copy and electronic) of final plans, and contract documents suitable for reproduction (In City Format) for the contract. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi, k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified p lans. L Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. For the contract, provide a Storm Water Pollution Prevention Plan. 3. Bid Phase. For the contract, the Engineer will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective, pre - qualified bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. 0. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the Engineer's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. The Engineer will perform contract administration for each contract to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project, b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c, Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project Exhibit B-1 Page 4 of 11 inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Engineer will review and approve applications/estimates for payments ents to contractor as prepared by Resident Project Engineer (R PE) (Project Representative - PR). Engineer and RPE will coordinate the final approval of the applications /estimates for payments with the City Construction Activity Office. h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. i. As applicable, review operating and maintenance manuals prepared by the Contractor, for compliance with plans and specifications for all equipment installed on this Project. Engineer wilt incorporate City standards into the contract documents as applicable. City standards are: Manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in FTML (Hyper Text Markup Language) format, with HyperTe t links to the other parts of the ,manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GtE, TIFF, JPEG, etc. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the City's computer - Imaging for Windows XP and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. j. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red - line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic (AutoCAD r. 2002 or earlier) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. Alt electronic data will be compatible with the City GIS system. B. Additional Services (To e Negotiated) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the Engineer will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance forpotential services to be provided and will be negotiated by the Director of Engineering Services as required. When the extent for the services has not been TExhibi-1 Pageofll identified or the budget and the allowance has not been established, these scope items are noted as "To Be Determined (TED. A budget for these items will be authorized when the scope and the associated fee when an amount is determined. The Engineer will, with written authorization by the Director of Engineering Services, do the following: 1, Permitting. (ALLOWANCE) Furnish the City all engineering data and documentation necessary for all required permits. The Engineer will prepare this documentation for all required signatures. Fee will be determined as design is developed and per final scope as authorized by the City. The Engineer will prepare, submit, and assist City in obtaining all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits/Amendments c, Wetlands Delineation and Permit d. Temporary Discharge Permit e. TP ES 1PDES Permit Amendments f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments and PER g. Hueces County h. Texas Historical Commission (THC) i, U.S. Fish and Wildlife Service (USFWS) j, U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) 1. Texas Department of License and Regulation TDLI m. Federal Emergency Management Agency (FEMA) Letter of Map Revision (LOMR), Letter of Map Change (LOMC), or other permits required for building in flodplains n. Pay permit and application fees for applicable permits. 2. Ri • h - f- 11a ROW Ac . ui rti n serve ALLOWANCE . The Engineer will review existing ROW and easements, as prepared by others, to ascertain any conflicts and provide field ROW surveys and submit ROW plats (prepared by others) and descriptions for the City's use in the acquisition process. All work must comply with Category 1-A, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. Engineer Consultant will be required to perform all necessary deed research. Budgeted allowance is based on Fee Simple Acquisition. Fee will be determined as design is developed and per final scope as authorized by the City. 3. Topographic S rve . ALLO IIANCE1 Provide field surveys (pre- and post - site development), as required for design including the determination of a matrix of the necessary control points, coordinates and elevations of points to document appropriately the existing conditions and facilities for this design Exhibit B -1 Page 6 of 11 and as required for the aerial mapping of the Project area - aerial photography to be provided by City. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyor' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. Coordinate with City Surveyors as appropriate. Fee will be determined as design is developed and per final scope as authorized by the City. 4. Eri Jr nmer al !swim (T ). a. No Environmental Engineering efforts have been identified and scoped with this contract. b. Following the initiation of the design as directed by the City during the course of the project, the City may elect to amend the contract and negotiate a scope of work to provide environmental site evaluations and Archeology Reports that are needed for the Project c. Engineer will identify and assist the City to develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. Fee will be determined as design is developed and per final scope as authorized by the City. 5. Construction Observation services. a. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the Engineer shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. b. The duties and responsibilities of the PR are described as follows: '1 General: PR will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of Engineer. 4. interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. Exhibit B-1 Palle 7 of 11 5. Shop Drawings and Samples: Shop Drawing review budgets are based upon two reviews to constitute an approved status. Any additional reviews by the Engineer are beyond the scope of this project and additional fees will need to be procured from the Contractor. A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. D. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and Engineer of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. D. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer and the City. C. Project Representative will review Contractor -- prepared monthly pay estimates and forward to Engineer for approval, 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Exhibit B -1 Page 8 of 11 Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of Engineer, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. Start -up Services. Provide on -site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Provide SCADA { urnenta i . TB ) Provide standardized SCADA documentation, which will include PE s, P&IDs, s, loop sheets, logics, SCADA architecture, DCS I lists, instrument lists, tie -in lists, piping lists, equipment lists, and instrumentation specification sheets. Type of SCADA documentation, the budget, and scope of services are subject to negotiation after the design is complete and prior to construction. Fee will be determined as design is developed and per final scope as authorized by the City. 9. Public Involvement/Public infor� a i n.( LL II1 CE) Provide public involvement public information services as described in Exhibit A -1. 10. TCE _l a uired operation and Maintenance ManuaIPrepare an Operation and Maintenance Manual for submittal to TCEQ as required by 30 TAC Chapter 3171 .e.3 and/or latest adopted version. Incorporate review comments and develop a Final Manual as accepted by TCEQ. 11. Tijniiig.Provide training services, up to 500 hours, as described in Exhibit A-1. 12. rr nwater Pgliuticin Prevention Plan s1 PPP). Provide services for preparing a Storm grater Pollution Prevention Plan (SWPPP) for the contract Exhibit B -1 P e 9 of 11 as described in Exhibit A -1. 13. Factory Witness Testing. Provide factory witness testing as described in Exhibit A -1. 14. Coordination with City Peer Review Team.(ALLOWANCE) Provide coordination with City Peer Review Team as described in Exhibit A -1. 15. Value Engineering Response. (ALLOWANCE) Provide Value Engineering response as described in Exhibit A -1. 1 . TCE - Required Data Collection, ALLOWANCE Provide data collection as described in Exhibit A -1. 17. T� learin . ALLO VAI CE) Provide services associated with a TCEQ hearing as described in Exhibit A -1. 18. s isl Trea r ent Facilities Design Services: Provide design services (preliminary and final design phase) associated with the Special Treatment Facilities as described in Exhibit A -1. Provide the services above authorized as supplemented by Exhibit "A_1 ". FEES a. Summary of Fees ,_original Contract $24,915 Amendment 1.1 Fee for Basic Services '1. Preliminary Phase $751548 2. Design Phase $2,261 105 3. Bid Phase $79,980 4. Construction Phase - - $662 984 Subtotal Basic Services Fees $3,755 617 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) a. Railroads b. TXDOT c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. TPDES PDES Permit/Amendments f. TCEQ Permits Amendments g, Nueces County h. Texas Historical Commission 1. U.S. Fish and Wildlife Service j. U.S. Army Corps of Engineers k. U.S. Environmental Protection Agency I. Texas Department of License and Regulation . FEMA LOMR, LOMC, etc. n. Pay permit and application fees for applicable permits. Total Permitting (Allowance) $60,$60 12: ROW Acquisition Survey (AllowanceJ $ 50,000 a Topographic survey (Allowance) $30,000 Exhibit B -1 Ppg_q_10 of 11 4. Environmental Issues (Allowance) $0 5. Construction Observation Services $2,195,01 6. Start -up Services 99 660 F 7. Warranty Phase $62,120 8. Provide SCADA Documentation TB jo 9. Public Involvement/Public Information $75,000 10. TCEQ Required O&M Manual $99,000 11. Training $69,160 12.Stormwater Pollution Prevention Plan $10,600 13. Factory Witness Testing - -- - -- $10,000 14. Coordination with City Peer Review Team (Allowance) X30,000 15. Value Engineering Response (Allowance) - 0 580 16. TCEQ Required Data Collection (Allowance) 17. TCEQ Hearing (Allowance) le. Special Treatment Facilities Design Services . Sub-Total Additional Senifices Fees Authorized Amendment Total Authorized $747 Total Authorized Fee $7,330!962 Exhibit -[ Page11 of 11 CONTRACT SUMMARY New Broadway Wastewater Treatment Plant P — Peer Review J.SCOPE. OF SERVICES Freese and Nichols shall render the following rofessional engineering services in connection with the engineering for the New Broadway Wastewater Treatment Plant. The design of the improvements is to be performed by Caroflo Engineers (Design Consultant) and its subconsultants under a Project administered by the City of Corpus Christi. Freese and Nichols, Inc., and its subconsultants, will provide independent peer review and evaluation services, value engineering, and constructability review for this project. The completeness of the design and it's adequacy to meet the requirements of the City remain the responsibility of the Design Consultant. Basic services 1. Preliminary Design Phase. Provide Technical Review Services for the preliminary design of the New Broadway WARP including attending appropriate preliminary phase meetings, participation in technical review meetings, reviewing the Preliminary Phase Cost Opinions, and providing technical review services to identify constructability, operability, and permitting issues. a) Attend Preliminary Design Phase kickoff meeting to establish project communications and discuss project scope and schedule. b) Attend four Preliminary Design Phase progress meetings to discuss peer review activities, project schedule, and project costs. c) Provide Peer Review of the Preliminary Design Opinion of Probable Construction Cost. Prepare comments for incorporation with the City staffs comments on the cost opinion. d) Provide technical review services to identify potential design construction related considerations for wastewater treatment plants, constructability and operability issues, permitting and regulatory agency coordination, and general consulting and advice as required. Prepare comments for incorporation with the City staffs comments on the cost opinion. 2. Design Phase. Provide Technical Review Services for the final design of the New Broadway VVVVIP, including attending appropriate final design phase meetings, providing peer review of the Design Consultant's Design Memorandum, m, Interim, Pre - Final, and Final plans, Special Treatment Facilities Design, specifications, and cost opinions, participation in technical review meetings, and reviewing the Final Design Phase Cost Opinions, a) Participate in five monthly design phase meetings via video conference to provide peer review feedback and to provide input regarding regulatory requirements, constructability and operability issues identified during technical reviews. b) Provide Peer Review of the Design Memorandum, Prepare comments for incorporation with the City staff's comments on the Design Memorandum methodology, assumptions, basic data, analysis, alternatives, conclusions, and recommendations, including: (1) provide the City with comments and opinions on the relative merits of the findings and recommendations presented by the Design Consultant, [Exhibit B -z [_Page 1 of 5] including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, mechanical, electrical, and instrumentation & controls system aspects of the project; (2) suggest alternative solutions to those proposed by the Design Consultant, as appropriate; recommend to the city additional investigations, studies, and or analyses determined to be necessary to evaluate solutions proposed by the Design consultant; participate in a one day meeting with the City staff: and Design Consultant to discuss the findings of the peer review; (5) prepare a report to the City of peer review, comments, and critiques; (6) communicate directly with City staff as necessary to clarify peer review comments; c) Interim Construction Bid and Contract Documents, Peer Review — Provide independent review and evaluation of design documents at the Interim design milestone, including: (1) provide the City with comments and opinions on the relative merits of the design documents presented by the Design Consultant, including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, mechanical, electrical, instrumentation, and supervisory control and data acquisition (SCADA) aspects of the project; (2) suggest alternative solutions to those proposed by the Design Consultant, as appropriate; (3) recommend to the City additional investigations, studies, and or analyses determined to be necessary to evaluate solutions proposed by the Design consultant; participate in a one day meeting with the City Staff and Design Consultant to discuss the findings of the peer review; prepare a report to the city of peer review, comments, and critiques; communicate directly with City staff as necessary to clarify peer review comments; d) Interim Construction Bid and Contract Documents, Constructability Review — Provide construtability review of design documents at the Interim design milestone, including a report with recommendations for modifications, where appropriate. The review will endeavor to provide comments regarding: (1) Adequacy of detail for construction (2) Potential conflicts during construction (3) Qualification requirements for contractor selection Project management requirements for the construction contractor consistent with the city's construction services programs Allocation of construction risks Coordination between contract documents Details for startup and coordinating transfer of operations from existing facilities e) Interim Cost Opinion Review — Provide peer review of the Interim Opinion of Probable Construction Cost. Prepare comments for incorporation with the Exhibit B-2 L Pageof5 city Staffs cornmerits on the cost opinion. f) Pre -Final Construction Bid and Contract Documents, Peer Review Provide independent review and evaluation of design documents at the Pre -Final design milestone, including: (1) provide the City with comments and opinions on the relative merits of the design documents presented by the Design Consultant, including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, medhanical, electrical, and instrumentation, and SCADA aspects of the project; (2) suggest alternative solutions to those proposed by the Design Consultant, as appropriate; (3) recommend to the City additional investigations, studies, and or analyses determined to be necessary to evaluate solutions proposed by the Design consultant; Prepare comments for incorporation with the city Staffs comments on the cost opinion. communicate directly with City staff as necessary to clarify peer review comments; Pre -Final Construction Bid and Contract Documents, Constructability Review — Provide constructability review of design documents at the Pre -Final design milestone, including a report with recommendations for modifications, where appropriate. The review will endeavor to provide comments regarding: (1) Adequacy of detail for construction (2) Potential conflicts during construction (3) Qualification requirements for contractor selection (4) Project management requirements for the construction contractor consistent with the city's construction services programs Allocation of construction risks (6) Coordination between contract documents (7) Details for startup and coordinating transfer of operations from existing facilities h) Pre -Final Cost Opinion Review — Provide peer review of the Pre -Final Opinion of Probable construction Cost. Prepare comments for incorporation with the city Staffs comments on the cost opinion. i) Final Construction Bid and Contract Documents, Peer Review Provide independent review and evaluation of design documents at the Final design milestone, including: (1) provide the City with comments and opinions on the relative merits of the design documents presented by the Design Consultant, including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, mechanical, electrical, and instrumentation, and SCADA aspects of the project; (2) Prepare comments for incorporation with the city Staffs comments on the cost opinion. (3) communicate directly with City staff as necessary to clarify peer review comments; g) Exhibit B-2 Page 3 of 5 j) Final Cost Opinion Review Provide peer review of the Final Opinion of Probable Construction Cost. Prepare comments for incorporation with the city Staffs comments on the cost opinion. 2. City shall provide the following: a) schedule meetings and notify all parties of the time and place of the meeting; b) provide copies of all historic documents and drawings as requested for examination by FNI and subconsultants; c) provide copies of all reports, appendices, and other pertinent documents developed by the Design Tearri; d) schedule conference calls and provide for notice of the time and method of connection to all parties; e) attend .scheduled meetings; 0 receive and review all critiques, comments, and reports submitted by FN I1 and subconsultants Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) ANCE ) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE will, with written authorization by the Director of Engineering Services, do the following: 1. Public Involvement Assistance. Provide a 3d visualization computer model in dvd format for the New Broadway Wastewater Treatment Plant. The visualization model will focus on the appearance of the finalized facility design and the incorporation of the project site into the neighboring community. The visualization model will be used to demonstrate a virtual tour of the new treatment plant to be used by the City in Public Meetings and City Council Presentations 2. Construction Phase Peer Review services. Provide technical peer review services to support the construction phase of the project, including attending up to three on -site meetings to observe the progress of construction and participation in teleconference meetings to discuss the technical aspects of the construction progress. 3. Start-up Phase Peer Services. Provide technical peer review services to support the start -up phase of the plant construction, including attending up to two on -site meetings the discuss the commissioning and start --up of the treatment plant and participation in teleconference meetings to discuss the technical aspects of the start -up phase. 4. Post-Construction Phase Peer Services. Provide technical peer review services to support the post - construction and operations phase for the new wastewater treatment plant, including attending up to two on -site meetings to observe and discuss the operations of the treatment plant and participation in teleconference meetings to discuss the technical aspects of the post- construction and operations phase. Exhibit -2 Page 4 of 5 FEES Summary of Fees Fee for Basic Services 1. Preliminary Phase Peer & C n tru tability Review $67,875 2. Final Design Phase Peer & C n tru to ili y Review $271 ,425 Subtotal Basic Services Fees $339,300 Fee for Additional Services - - Sub-Total Additional Services Fees Authorized $-O- TotalAuthorized Fee $339,300 Exhibit B-2 Pa e 5 of project coon (exhibits exh 3.dwg ig\PLIECES . 1y BROADWAY WASTEWATER TREATMENT PLANT 1402 W. BROADWAY ST H 37 CORPUS C, RIS11 ,may 414 LOCATION MAP NOT TO SCALE PROJECT # 7293 EXHIBIT wCw NEW BROADWAY WASTEWATER TREA TMENT PLANT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 01 -2 —2008 23 AGENDA MEMORANDUM city Council Action Date: Februray 2, 2008 SUBJECT: Rodd Field Village Improvement District Infrastructure Improvements provements (Project No. 7243) AGENDA ITEM: A. Resolution expressing official intent to reimburse costs of Rodd Field Public Improvement District Infrastructure Improvements, B. Motion authorizing the City Manager or his designee to execute a construction contract with Lakemont Construction of Spring, Texas in the amount of $1,650,378.00 for the Rodd Feld Village Improvement District Infrastructure improvements for the Base Bid and Additive Alternate Nos. 1, 2 and 3. ISSUE: The proposed construction project will provide improvements to the existing substandard and deteriorated utilities in the Rodd Field Village Improvement District. The project includes a new looped water main with fire hydrants to provide fire protection to the District and avoid dead -end mains, total rehabilitation of the pavement section for Hull Street located through the middle of the District, rehabilitation of the main sanitary sewer gravity line that parallels Hull Street and new gravity sewer system, water main, streets and drainage for the south area of the District. FUNDING: Funds for this project are available from the FY 2007 -2008 Capital Improvement Budget, the upcoming sale of Certificates of obligation and reimbursements from Rodd Field Public Improvement District Assessments. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wast € a er Services • t. • onzalez Inter' Director of Vila Services Additional Support MatriIj Exhibit "A" Background Information Exhibit "A -1 " Prior Actions Exhibit "B" Bid Tabulation Exhibit ;`C" Location Map H:IHOME L ND S\ EN1Streets \Rodd Field Overlay Dis(nct Agenda Merno.doc tb1/4/704g Kevin Stowers Interim Director pf Engineering Services hO' Val; ''e Gran, - . E Dir or of Storm ater Services BACKGROUND INFORMATION SUBJECT: Rodd Field Village Improvement District Infrastructure Improvements provements (Project No. 7243) ,PROJECT DESCRIPTION: Currently Rodd Field Village consists of substandard street, water, sewer collection and storm water systems. The proposed construction project consists of the installation of wastewater, storm water, and water lines and street work. It was bid as a base bid and three additive alternates as follows: • Base Bid: Consists of the installation of approximately 11,970 feet of new - -inch diameter PVC waterline, 590 feet of new 12 -inch diameter PVC waterline, 187 feet of new 8 -inch diameter PVC sanitary sewer, 558 feet of new 1O -inch diameter PVC sanitary sewer, 188 feet of new 18 -inch diameter PVC sanitary sewer, 546 feet of new 18 -inch diameter RCP storm sewer, new 2 -inch hot mix asphalt pavement H 1AC with lime- stabilized subgrade and 8 -inch limestone base (Type 1, Grade A), rehabilitation of existing asphalt concrete pavement and with site work, excavation and backfilling, connection to existing water mains, sanitary sewer lines and storm sewer lines, pavement patching /repair, fire hydrant assemblies, gate valves, tapping sleeve and valve, fiberglass manholes, brick manholes, post inlets, water and sewer service connections and miscellaneous items of work. • Additive Alternate No. '1,_Water Line Extension on Yorktown Boulevard: Consists of 377 LF of additional 12" waterline work, as funding allows, along with miscellaneous items of work. Additive „.Alternate N Line Extension on Rodd Field Road: Consists of 1 ,334 LF of additional 12” waterline work, as funding allows, along with miscellaneous items of work. • Additive Alternate No. 3 , Sanitar r sewer Rehabilitation on Hull street: Consists of rehabilitation of the existing main gravity sewer tine 10" and 12" VCP sewer pipe) as recommended due to the age and condition of the existing clay pipe. B1DINFQRMATJON; The City received proposals from four bidders on October 81, 2007 (see Exhibit "B" Bid Tabulation). The bid from R.B. Parker Construction was deemed to be a non - responsive bid because the contractor did not include a revised Page 7 of the proposal form as required per Addendum No. 3. The revised Page 7 contained three additional bid items which would have changed the bid amount totals. Of the three responsive bidders, the bids for Total Base Bid ranged from: • $1,469,355.75 to $2,01 7,054. The bids for Total Base Bid plus Additive Alternate Nos. 1, 2 and 3 ranged from: • $1,650,378.75 to $2,645,284. 1-1:11-101VIEILYNDASIGENIStreetskRodd Field Overlay District Agenda Background.doc The City's consultant, Urban Engineering, and City staff, recommend that a construction contract be awarded to Lakemont Construction of Spring, Texas, in the amount of $1 ,650,378 for the Total Base Bid and Additive Alternate Nos. 1, 2 and 3. CONTRACT TE IS: The construction project is estimated to require 200 calendar da s, with completion anticipated in October 2008. PROJECT BACKGROUND: The City Council approved the concept of the Rodd Field Public Improvement District in October 2000 as the first step in bringing the area into compliance with the City's platting requirements. Originally, this area was known as the Rodd Field Village and it was a former naval aviation training base outside Corpus Christi City limits. As such, the lack of adequate infrastructure, construction of industrial facilities close to existing property lines, the lack of existing rights -of -way and easements, and other unique circumstances were not an immediate concern. In 1989, the City annexed the Rodd Field Village recognizing the area posed an unique situation for the City and accepted modified development standards in the annexation service plan. In 1 991, the City tried to get the Dodd Field Village property owners to agree to fund the needed infrastructure improvements necessary for the City to assume responsibility for maintenance of water and sewer lines and private streets, but could not gain the agreement of all of the property owners. At that time, only two tracts of land within the Rodd Field Village were platted. The owners of the unplatted land within the Rodd Field Village could not obtain building permits because of the City Charter and were not able to lawfully improve their properties. Since 1991, several property owners looked into platting their property and were unable to plat due to the high costs of installing the necessary off - site public improvements. In an effort to remedy the situation, several of the property owners joined together and asked the City Council to order the creation of a Public Improvement District under the Texas Local Government Code. These residents and City staff met on numerous occasions to draft a preliminary concept plan and rough cost estimates for construction. A new petition was circulated by the property owners and the sufficient number of signatures were collected and on October 24, 2000 the City Council adopted Resolution 024261 to establish the Rodd Field Village Pubic Improvement District in response to petitions filed by the property owners. In August 2001, the City entered into an Engineering Contract with Urban Engineering to design the necessary improvements for the district. On November 15, 2005, a Public Hearing was held and the City Council approved the proposed assessments of $790,300 as a special assessment to the property owners as their portion of the costs for the public improvements to the property within the Rodd Field Public Improvement District. The approved Ordinance specified the payment of the assessment to each property owner to be paid with regular yearly installments over a period of ten years at an interest rate not to exceed '/ of 1 percent higher than the actual interest rate paid on the public debt used to finance the improvements. FIAHOME LYNDASIGEN1 kreets\Rodd Field Overlay DistricttAgenda Backgfound.doc On January 16, 2007, the City Council approved a deferment agreement for a period up to two years relating to Rodd Field Village. The City of Corpus Christi, as the developer of the Rodd Field village Subdivision, was seeking to defer, for a period up to two years, the construction of the water, wastewater, paving and drainage improvements, as required by the City's platting Ordinance. In addition, the City (as the developer) was seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75%) of the required improvements to allow property owners to obtain permits in order to begin improving their property. This construction contract is being awarded within the two year timeframe and will provide for the necessary infrastructure improvements to take place so the area can be brought up to current City standards and specifications and the City can assume responsibility for maintenance of the utilities and roads. EXHIBIT "A" Page 3 of H:u OMMLVNDA 1 EN1 1reets \Rodd Field Overlay Districi Agenda Background.doc v PRIOR PROJECT ACTIONS SUBJECT: Rodd Field Village Improvement District Infrastructure Improvements (Project No. 7243) Prior Project Actions have included: PRIOR COUNCIL ACTIOJj 1. October l , 2000 — Resolution initiating proceedings to establish the Rodd Field Public Improvement District. (Ordinance No. 024261) 2. March 27, 2001 _ Resolution setting the level of Public Improvements within the Proposed Rodd Field Public Improvement District. (Resolution 024409) 3. August 2 , 2001 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $89,700 for the Rodd Field Village Improvement District. (Motion No. 2001-319) 4. Se.terr ber 3 2003 — Ordinance determining advisability, nature, and cost of improvements; dtermining District boundaries, assessment method, and apportionment of costs between District and City as a whole; approving and filing preliminary assessment roll; and authorizing and establishing the Rodd Field Public Improvement District. (ordinance No. 025496) 5. December 19 2006 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering Inc. in g of Corpus Christi, Texas, n the amount of for a revised total fee of for the Rodd Field Village Improvement District. (Motion No. 2006 -430) 6. Januau 16, 2007 - Motion authorizing the City Manager or his designee to execute a Deferment Agreement for a period up to two years relating to Rodd Field Village. (Motion No. 2007 -009) H:*HOME\LYNDAS1 FN1 treats \Rodd Field Overlay DistrictTPrior Actions.doc EXHIBIT "A.1" Page 1 of I a. Fa '6' z W 0 J 0 co Ci ca +6 c 0 0 < E 13 ■ E [A 8 in 0 E . co YI uJ c W tE 11.1 / N- 0 CO 0 C7 .c ,_ .c o c o c L1J ca C- E .. o co co cti I— 03 C C z R. S, Parker Constr. 455 Hereford Rd. Corpus Christi, TX 78408 F- 0 0i /� c6 I `+1 : 0 0oo00oo co �T -� �a''IiI� a o Cl 7 l O 0 o o 0 0 0 # o o o O 0 -. 6 6 + 00 L may ° i CO 0 0 0 6 6 •a 0 # S D T a 0 6 uo 00'000‘ VS 00'00`0$ o C 6 N. Y : o a o 0 6 C r : i II000ci's °a° ciao o 6 u '.� V/ 1'J La 1. uJ �- - - $a,ss000 o c 0 co , $245.0011 a= o 6 0 1 0 o ■■ o H00'00$ 0 0 C 0 6/ Lij ,..�■ 1- D it 00.00,000000000 0 '-C cca0u 0 g co r cai q C o + a 6 6 a 6 - u- 0 C w w e-'-. r 0 0:'00 6 oo 450.00 00 0 00000001.0 o 6 6 CO w 0 0 aCta o 6 6I 0 w r 25.00 0000 0000 C ,- o o w u) a o to Salinas Construction 3734 FM 3006 Pleasanton, TX 78054 1■ - - a : 0 o o o 6 C a .ya a a a �i cV cL c6 id - 'i- -C !0 0 ;o o a# c i . C # 6 6_# o 1.--- a est • 46 co .i a• 0 0 6 to 00.009,x$ 00•000`9$ 00.00019i71.$ - - $1,800.00 $1 2,000.00 $27,600.00 $8,400.00 O co co Q o o /i N. CO 11 c J C cc 40 o o 6 to eq. co 610. a Loci* o 0 s tO $829.418.00 0# �� I /0� 0 0 0 0 # .� w 850.00 4,000.00 1, 500.00 1,300.00 1,200.00 0- 0 a a co 0 0 a q - 145.001 SLC Construction P. O. Box 639 Conroe, TX 77305 1- I 0000.0000000000 0 C —c'1 1. w' CO cei V w C 4). 0. 0 0 0 0 o 6 6 tooL000u OD CO (NI Co., t t f w CS C T-1 t .# 0 0 0 0 CO. OC ,- 0 0 Co 0 � Cl � w ui - 0 C.0 o 0 L $ 1 20,712.50 $8,700.00 $2,357.1 $2,057.161 - — 1. i6091L$ 00•9601i4 00'004. on 00•0091L E$ $2,505.15 $15,405.00 $1 ,349.95 $30,000.00, a - - 0 o 0 0 t c' $853,275.33 __ D re 1 CL � co Q} CD 00000 0 ca. a a 0 6 L[0 oi in a c N. Co LO w I 0 a .o C 6 0 CO a o a k i 6 C Lt s s L 375.00! 750.00 3,262.50 - 2,175.00 - 1,178.58 , 1,028.58 - - 6 - 37, 500.00 45.00 ur c • hinina co • C o 0 ■ o oa co ■ 01 o 1- z i 00000 oo66 co I r Cpl Co Co Co .0 6 a 0 0) c y Ti: w w VI to 0 0 a a 69 _ 0 _ 0 0 o a 0 0 0 0 6 c $107,300.00 $5,200.00, $1,500.00 a a- a o a o -- 0 a t te 69 $5,040.00 1_ 511,550.00 $12,825.00 $23,700.00 $1,225.00 $1 .000.00 0 o ■ CI ■I �■ 49 00'000`x$ 1000i'oss '1The areas with bold borders indicate an error in the extension which did not affect the low bid. The totals reflected h ,amount." g (...) al c: 0 co .")) .c I--` UJ ee 0000000 0 ■ r C 1` o a 0 a s 6 y to C C. C yC � 0 C 0 * r �O} C 0 a 220.001 320.00_ 8 a 1,300.00 750.00 700.00 8 a 8 8 • i C C 7 8 + C 6 45.00 30.001 5.00 1.,000.00 8 M 9 111/1 LI,- 1-±1 22s2,- C C C+" oD C LC) Total Water ROOD FIELD VILLAGE IMPROVEMENTS DI (City Project No. 7243 & 8419) DE-CRIPT1 Eater Quantities 12" PVC 0-900 8" PVC C -900 12" Gate Valve and Box 8" Gate Valve and Box ,1 "8 "D.1.Tee 12 "D.1,45 °Bends 12" D.I. Cap w /2" Blow -off Valve " D.I. Cross 8" D.1. Tee 8" D.I. 90° Bend (MJ) 8" D.I. 45° Bend (MJ) 8" D.I. 22-1/2° Bend - " D.I. 11 -1/4° Bend 8 "_ D.I,_ Cap w /2" Blow -off Valve Fire Hydrant Assembly Complete with Valve Lon. Double Lot Service Short Double Lot Service Short Single Lot Service Tie to Existing Waterline oncrete Driveway Repair + Asphalt Pavement Repair Concrete Pavement Repair Remove and Replace Curb Remove and Replace Sidewalk Remove and Replace Chain Link Fence Remove and Replace Barbed Wire Fence Traffic Control Utility Allowance (Mandatory Allowance) Disposal of Contaminated Soil c '- I --- i • N. r GO '- • c CO Cli 1 Lfl CO I CO C'I CN C1 01 C11 C C1J irker Constr. -I areford Rd. , isti, TX 78408 ___AMOUNT I 0 O 3 i_ 1 S4,600.0011 0 0 �' Ste# J+ 0 �0� (0 '/ '�■) 0 0 D 0 0 0 0 I // / �c ■� I[] 0 L[a / 0 0 y , ( 1 " $2 8,500.0011 0 O , /0'� 0 0 /0 0 ./� 0 s LO C' t0 0 0 ] 40 0 0 6 LC) 0 C. 3 11oo•000`q 0 C'l1 L 1100'000'6$ 0 0 0 /0 I 4:0 IL$ $sso.00 $575.00 $Z,sss.00 0 0 0 ■0■ The areas with bold borders indicate an error in the extension which did not affect the Ion bid. The totals reflected here are the Unit Prim times the Quantity. Section B-2 -7 states, "The unit price shall govern over the amount." LU 1 i O oo. 1 2,20.001 0 Cl / I L t( 51.00 48.00 o O 0 O1 1 0 1 c 0 0 12,000.00 2,400.00 �so.00 325.00 160.00 575.00 0 0 25.00 2,500.00 _2.00 825.00 575.00 0 0 D Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 AMOUNT I 0 0 C 00 0 c]oo C0 0 ao { b J 0 0 0 0 0 0 d r' .. '- 0-- E# 0 a 0 q. 0 1.0 a (0c*i0 0 — co C l E U $10,840.00 $10,260.00 0 (0 C 0 0 0 O0 0 6 OOQ00r..0 OOtcoc.0(o . Cpl r try 69, t0 I 0 0 0 a a aii 0 0 6 c' E i ,.-- E} 0 0O 6 'gt' 6 0 0 , 6 $449,281.001 0 00 0 00r aD e-' 00`00s` $ 00-00V3 0`0$ 00`000`Ziv$ 0 000 :o C�Oa0 0 0 i1 -- eo 1 iD - 2 �r � • L OO y� 1A 660.06 625.00 600.00 00-0e 4 co.? I. .00'99 0 0 w 000�■+�0 0 0 c 0 * O o 0 0 ■ i Chi 1,800.00 270.00 00'0091. [00'000'17 , • 4,000.00' 2.00' 1,200.00 3,500.00 s \ 0 0 ■ O0 co i SLC Construction P. O. Box 639 Conroe, TX 77305 AMOUNT 0010 0 00000 ■ ■ a s ■ r C �C/ �I 0) ri i' (0 0 1 ■ � � r� y�Y i 0 co 69 0 . E. E �}/�+�� 10 69 $20,358.00 $12,474.811 in 0 0 X00 s • (D 6 0 L ) 0 LO w /��r � /■fir a \I L E0 69 0i- 0 0001 ■■ s r. La I 1 0 T' f /mow � +r 0 cz 69 $7,875.001 $5,887.49 L _ $225.00 0.0 L • s (`+1 � LC) /■fir }mow I 1 $159,722.561 C.y (000,00 0 +�" /off co00 s ■ ■ a C I: L tU' co. w r EA E E L $2,625.00 $4,500.00 $48,378.96 + ter 09'1. 00'0Z`9 0019Z0‘9 09'176 195.75 1 74.00 0 80.25 4.50 45.00 10, 875.00 9,400.01 2,475.00 O 0 841.07 225.00 2,625.00 7,504.50 2,175.00 1.50 953.58 2,1 75.00 375.00 4,500.00 Laienont Contr. Co. 831 Crossbridge _ Spring, TIC 77373 AMOUNT j $27,300.00 $5,600.00! $13,500.001 $380.00 $46,780.00 I $29,892.00 $17,550.00 0 0 0 0 0 0 0 ■ ■ s 0 ! I: d'� i { CO `CO/ a 4'f -4: L E # E# 00.0091$ 00.00`Z I.$ i0 `t1. 0 0 ■ 0 co E1�# 0 0 0 0 0 0 0 0 s r * C O 0 oi + 0 .47 V / L J t# ( 64 0 0 ■ #o 00 d � 0 1 0 I 0 0 0 0 O 0 0 0 6 6 (o 0 X0 .07 Clr /1 6e E , 0 0 0 0 0 0 * • ■ O C 7 - , •j 3 _ # o. off o`Z 00.009`Z 00'09 1 59.00 150.00 0000 0 000 0 G0 0 1 '' ,- 0000 O 000 6 O 6 01000 O 0 LO 01 ceC 6 Of ,r 600.00 200.00 5,000.00 5,000,00 ;00. 10 00'00Z 00'00'I. 00`l. 00`00VIE 250.00 . 100.00 RODD FIELD VILLAGE IMPROVEMENTS DISTRICT (City Project No. 7243 & 8419) ! D •LL LL � J L J' I[C. Sanitary Sewer Improvements - New Road Lines `A' & 1131, LI.LL.LLLLLLLL J J J J J J W k � :( U1 w w ..J L■ ,J LL. J Lj Lo Total Storm Sewer Improvements (0 - GD Co I e--' L[ i s- 11 _ Total Sanitary Sewer Improvements - Lines 'A' & '13' IID. Sanitary Sewer Improvements - Hull Road Line '' r DESCRIPTION ,0. Storm Sewer Improvements 18" RCP - - - -- - -1 Storrs Sewer Manhole Post Inlet OSHA Trench Protection 18" PVC " -24' Cut) .10" PVC (2' -24' Cut) • - - x.10" PVC (20' -22' Cut) 8" PVC (5'-8' Cut) OSHA Trench Protection Well Pointing (as required) 5' Dia. Manhole wiOutside Drop Connection 22` --24' Deep) -.. 5' Dia. Manhole (20' -22" Deep) - r 4' Dia. Manhole 51-8' Deep) Long Service Connection Short Service Connection 0 "PVCap Tie to Existin '18" St bout `. __r• r .x.1.1- ..I.YrrW' _� li \ -1_ .1_._ _ _ :Televise Sanitary Sewer Lines 110" PVC (51_-8! ut) - - - - 4' Dia. Manhole (' -8' Deep) OSHA Trench Protection Short Service Connectin 'Tie to Existing_ Manhole _ trout Existing 10" Line -- Traffic Control Total Sanitary Sewer Improvements -1 Y- ( c 7 [>S CO _ 9 c° C 00 c n o �` o oQalDcloa i f C L r ▪ co 1▪ 6 I O X 0i— cu ▪ 'c Q I .c in ,. w in en 0 0 0 c 2 • X c ! Tv3 co C co (13 • C c co C 0 , • c:„ cf, C co 03 CO J 0 co LLI iu c1/ Q au —' tp 5 'PT 0- O • ei W r.. 0 0 0 z 0 eL z 0 O. F- z 0 C CL z D 0 2 eL 0 1- U • ° 0 0000000 0 C 00000 070 OC• 0 00 00 0C 0o 00000000 +� i I d l') C7 0 oi 0t. i6 i 0 a 00000 7 OCV U) 0 0 0 0 I err C7 C7 C 0 07 C 0 0 0 0 0 C 0 0 0 C 0 ill 0 O C 0 0 L] L( 0 0 9 0 07 C 0 C7 • s a i s s * ■ ■ • s '—O Li 00� --C3) OC '-00000t?Q Ci00C000 Cllr C OOOC 00 0 0 IMIIIIII 0 0 0 0 0 07 0 0 0 t ,s i /••y s ■ ■ i r • ■0 0 O c c''i o0 1 Cw] CA '- 0 0 igliala3:1 Q0 C ) a0 c)C)CCU coo 0D °l)00)#� 1. ( ' I Cz1 C7 X000 0 C000C FIPPril 0000 0 0 1 o 0 0 i X1]00 00 0 00000000 LC! 1#00011111 0 X17 c 1 0 0 0 0 — 0 0 0 0, r C i 0 0 0 322 jcvicaaf41 14 r; U6s3 1 i- CD 0 0 0 0 C1 CJD 0] 1f'! } �[} 07 C3rrO) 1 0 L? 0 ?O C i 0 "7 C' 11 0,2.6 �a: Lo? /CDC r0� 1 c} 0 0( 0 C ! tD 0 •�i Vim/ o) •4 / Y/ w t t w o t w F00 0 00- 07000 111"iiill O "C i 07 Lt 000 }}1 ? IC] �0� , /0• I 1 C%1 C' " " 0O CD CD 0000 070 0 00000000 0 0000000 0000' 000 000000000 0 OOC 070 ‘t 0700030 CJO ! 000(%1 007 to 11"; C UB C\l — 0 C 0 C0 c+ ( DLO :514a, 0 c0 0 0 0C 00f.1,51giliill Q3 '' Lf'! 1N- C4 0 C 0D - OOOCO 07 0000000 07000000 1I 13 31rs12EiI li 00 0 0000000 0000000 iIiI ii I li CD0D0 C\1 000o0D070 0'000000 co C : 11 i L L 11111 i IT" L4ITIP ellillin!li : a , : go 3 3 pi) 112 . 0 0 -i 0 1- iii 0 1 i= 0 0 c 42 e zn.5 C 1 c E .2) ' 8 LL� ce 3 .„) , 2 e d r 1 co 0 . c co —. Il < 5 & c - : - i E 9 2,2°11-1 01 c. 'E t N o •l _ : I Viic4ig =07C d : 6ClZo 7 ° ' - ) El LTJ I cL LT R SEEM Sill AE13E1111 1 0 C LO co to 0 1, 0 co 2 1 E LLB 0 0 .c 0 2 1 • CD .8 0 w 12" PVC C +900 LL 1 RODD D FIELD VILLAGE IMPRINEMENTS DISTRICT Lakemont Contr. Co. SLC Construction Salinas Construction R. S. Parker Constr. (City Project No. 7243 & 8419 ) 831 Crossbridge P. O. Box 639 3734 FM 3006 455 Hereford Rd. - -- - _ S • r in • , TX 77373 Conroe, TX 77305 Pleasanton, TX 78064 Co • us Christi, TX 78408 UNIT UNIT UNIT UNIT DESCRIPTION QTY. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT H# Additive Alternate #2 Waterline Extension (R odd Field Rd.) IIMIMIIII :cm 12" PVC C-900 1,334 EN 33.00 $44,022.00 52.65 $70,235.10 50.00 $66,700.00 31.00 $41,364.09 g 12" Gate Valve . 4 EA 1,600.00 $6,400.00 1,800.00 $7,200.00 2,400.00 $9,600.00 2,800 00 $11,200.08 IKEI Fire H drant Assembl Corn • fete wl alve 4 EA 3,000.00 $12,000.00 3,450.00 $13,800.08 4,600.00 $18,400.00 5,608.00 $22,400.99 H-4 Tie to Existir •waterline 1 EA 3,000.00 $3,000.00 1,350.00 $1,350.00 5,500.00 $5,500.00 3,000.00 $3,000.00 1111 Total Additive Alternate #2 - $65,422.00 $92,585.10 $1 ,200.00 $ , 4. I. Alternate #3 Hull St. San. Sewer Rehabilitation 1111 11111111111 ,in Rehab of Exist. 10" VCP Sewer Pi • e b CIP - 360 ILI 54.00 $19,440.00 112.50 $40,500.00 400.00 $144,000.00 20.00 $7,200.00 in Rehab of Exist. 12" VCP Sewer Pi • e b CIP • 880 60.00 $52,800.00 142.50 $125,400.96 370.00 $325,600.00 25.00 $22,000,00 in Point Re •air Mg EA 6,500.00 $13,000.00 3,690.00 $7,380.00 4,500.00 $9,000.00 1,000.00 $2,000.00 1-4 Extra Len • th for Point Re •air 10 11111 85.00 $850.00 177.00 $1 ,770.00 326.00 $3,250.00 50.00 $500.00 Ea Concrete Pavement Ra •air 50 1211 12.00 $600.00 20.25 $1,012.50 36.00 $1,800.00 1 0.00 $500.00 1 -6 Curb Re •air 10 in 75.00 $750.00 42.50 $426.00 56.00 $560.00 25.00 $250.00 Total Alternate #1 - $87,440.00 $1 76,487.50 $484,21 0.00 $32,450.00 The areas with bold borders indicate an error in the extension which did not affect the low bid. The totals reflected here are the Unit Price times the Quantity. Section B-2-7 states, "The unit price shall govern over the amount." $1,194,138.60 $1,226,965.50 $1,303,919.50 $1,336,369.60 $2,034,388.00 $2,078,208.00 $2,178,408.00 $2,662,618.00 $1,751 ,961.40 $1,844,536.60 $2,021,024.00 0 0 of TOTAL AL BASE BID $1,497,61 6.00 co CO 10 '- r , "' < < 4 w Lid Csii ILI N !v) > -i cs a a cf• LZ ". < < Q w ▪ US 111 0 ❑ > g _ m aH 03 1 E < < < 1 Q Q co co co 1'- r � T Non-Responsive Bid RODD FIELD VILLAGE LOCATION MAP NOT TO AL E RODD FIELD VILLAGE INFRASTRUCTURE IMPROVEMENTS PI JEC i 7243 VICINITY MAP NOT TO SCALE RODD FIELD VILLAGE IMPROVEMENT DIS TRIC T INFRASTRUCTURE IMPROVEMENTS ADDITIVE ALT. NOE 2 EXHIBIT "C" CITY COUNCIL EXHIBIT CITY � OF CORPUS CHRISTI, TEXAS DEPARTMENT ENT OF ENGINEERING SERVICES PAGE: I of D TE: ? /28/2008 RESOLUTION EXPRESSING OFFICIAL INTENT T TO REIMBURSE COSTS OF RODD FIELD VILLAGE PUBLIC IMPROVEMENT DISTRICT INFRASTRUCTURE IMPROVEMENTS. WHEREAS, the City of Corpus Christi, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; and WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project's) prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $1,200,000 for the purpose of paying the aggregate costs of the Project. SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3. The foregoing notwithstanding, no tax-exempt pt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. That this resolution shall take effect immediately from and after its passage. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary A • " ' ovEp AS eronic Ocanas Assistant City Attorney for City Attorney it F0 5-Feb-08 Henry Garrett Mayor 021208 RESO Reimburse Rodd Field Public lmprvmt Dist Infra Page 1 of Corpus Christi, Texas of �._ , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hurry Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon 021208 RESO 2 Reimburse Dodd Field Public Imprvmt Dist Infra Page 2 of 3 Exhibit "A" Design, construction, and development of Rodd Field Village Public Improvement District Infrastructure Improvements. 021208 RESO 2 Reimburse Rodd Field Public 1nnprvrnt Dist Infra Page3of3 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February._ 12 2008 AGENDA ITEM: Ordinance naming the park on the People's Street T -Head as Norma Urban Park at People's Street T- plead; waiving the -day waiting period and publication of legal notice; and providing for severance. ISSUE: The City has established a formai policy for naming parks and recreation facilities. The City has received a naming request from Mayor Henry Garrett for the park located at the People's Street T -Head to be named, Norma Urban Park. REQUIRED ED CON CIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities and that process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: Staff~ recommends approval of this ordinance. le 4 Sal y Gave , Dirac or Parks an # Recreation Department Attachments: Copy - Request for Naming of Parks and Facilities Copy — Council Policy Information BACKGROUND INFORMATION Norma Urban has been instrumental in developing, revitalizing and managing in the Corpus Christi downtown area. Norma Urban has dedicated a huge amount of her time to improve the area referred to as "The Heart of Corpus Christi ". She has been a strong supporter of do wntown parks, landscaping projects, and the Texas International Boat Show. Ms. Urban was responsible for establishing the park at the People's Street T-Head and securing funds for landscaping. Norma Urban is a lifelong resident of Corpus Christi and is committed to the betterment of our City. A presentation was made to the joint meeting of the Parks & Recreation Advisory Committee and the Marina Advisory Committee on Monday, February 4, 2008. Both committees voted unanimously to support the request to name the People's Street T -Head Park the Norma Urban Park on the People's Street T -Head. REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF OPUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.): Park 2. Location: People's Street T -Head 3. Suggested Name: Berra Urban Park 4. Please describe why you feel this name to be appropriate. Norma has been instrumental in mans in our downtown area. She has dedicated a huge amount of her time in revitalizing in that area referred to as "The Heart of Corpus Christi" which 1 believe is in fact "The Heart of Norma Urban ". tir/1rw1+ � �. -�r-a r, -a.+r. r.�..�.:LI. £.... £L... .. .....t...l..I:...f�........._J. � C the ._1 _ ..r A • • ... 1 v..rU r !-4 i ui; , h lLI o ft 1 establishment ! e it of tE I par at lI l re opie Street T -Head, therefore 1 am proposing the park be named in her honor, She . is a lifelong resident of Corpus Christi and is committed to the betterment of our City. Y 5. Name and address of person making request. Name: Mayor Henry Garrett Address: City of Corpus Christi P. O. Box 9277, 1201 Leopard Phone: 826 -3101 6. Do you represent an organization with respect to this request? Yes If `yes', name organization: City of Corpus Christi 7. Date of this request: January 31, 2008 FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice — Newspaper Notice to Appropriate Councilmember Public Notice — Neighborhood .. TRUE C P A 'RESOLUTION SETTIDIG ASIDE AND DE1IGNATING CERThIN AREAS, TC4,1111, POTIONS OF P DPL ST -. T -SAD AND I V NC S TT- READ, AS PA ' S; AND DECLARING AY ME7GENCY. ITETW., Certain portions of Peop1ef: Street -Head and Laurence Street Teed are suitable for park and recreation purposes, - an WHEMAS, It is desirable to improve the sae as park and recreation areas and to use for such dmproveme its such appropriated fins available for permanent park improveraer to l STOW, THIREFOPE, BE IT TESOLVED BY TIE CITY COMM OF T w CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That portion of the a ez. of Peoples Street T --Head within and bounded 1.1y the roadways adjacent to the edges of said T -Head (the area herein designated being lounded by the said roadways and not including the said roadways) le and the same is hereby designated ss pare area to be improved, used, maintained, and contro11er1 as part of the park and recreation property of the City of Corms Christi for the use of the public. .;ECTI N 2. That portion of the area of Lawrence Street T- Head within and boomed by the roadways adjacent to the edges of said -Head (the area herein designated being Cowed by the said roadways and not including the said roadwe be and the same is hereby designated as park area to be improved, used, maintained, and controlled as part of the park and recreation property of the city of Corpus Christi ...7or the use of the public. SECTION 3. The fact that the impravementz improvement should be commenced as soon as practical on the areas hernia designated as park and recreation areas, and that it is necessary that such desig -- nation b o made as a dedication of said property for the use of the public as park and recreation areas creates a public emergency and U ]3 COPY imperative public necessity requiring the suspension of that certain Charter rue that :lo ordinance or resolution stall by passed final- 13r olx the date of its introduction and that such ordinance or resolu- tion shall be read at three several rnoetings of the City Council, and the Mayor, having declared that such public emergency and impera- tive public necessity ex:1.st, requesting that such Charter Vie_ be suspended and this ordinance be passed finally on the date it is introduced and ta]m effect and be in full force and effect from and after its passage, IT IS ACCO-DIYGLY SO 7E3CLVED. PASSED AND APTOVED, This the _14th day of March, A.L. ATTEST: s W Vetters City Secretary APPROVED AS TO LEGAL FORM: T. 1. Sinver City Attorney /94-51 jaLL Wasirinan MAYOR The City of Corpus Christi, Tees Page 1 of 2 AN ORDINANCE NAMING THE PARK ON THE PEOPLES STREET T -HEAD AS "NORMA URBAN PARK AT PEOPLES STREET T- HEAD "; WAIVING THE -BAY WAITING PERIOD AND PUBLICATION OF LEGAL NOTICE; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Under Policy No. 6 of Council Policies, Resolution No. 21901, adopted March h 22, 1 994, the City Council waives the 60-day waiting period and publication of legal notice for the naming of a City park. SECTION 2. The park located on the Peoples Street T -head, which has never been formally named, is hereby named Norma Urban Park at Peoples Street T-head. Attached is n exhibit depicting the location of this park. SECTION 3 It is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. H :\LE - DIRILisa1 008 OF DIVAN E 1Norma Urban Park.doc Page2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 200 8, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon hon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett _- Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Humniell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED E as to form: February 1, 2008 By: Lisa Aguilar, £ ssistant City Attorney For City Attorney H:ILE -DIF \Lisa1 0O8 OI DI AN E INorrna Urban Park.doc 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: FebriC18 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute all documents with the Trust for Public Lands, a California nonprofit corporation authorized to do business in Texas as TPL- Texas, Inc. ,for the purchase of a 49.53 acre tract of land situated partially in Lot Three, Lot Four, Lot Eleven, Lot Twelve, Lot Seventeen, and Lot Eighteen Section 32 and Lot Seventeen, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to be dedicated as park land as part of the Oso Creek/Oso Bay Trails, Greenways Master Plan, with purchase price in the amount of $528,900, plus land conservation services fee in the amount of $70,000, and closing costs in the amount of $16,433. ISSUE: The Trust for Public Lands a non- profit organization that purchases property for government entities has agreed to purchase a 49.53 acre tract from the Gaines Family. The property will be held by the Trust so the City of Corpus Christi can apply for grants through the Texas Parks and Wildlife Department. REQUIRED C UNCIL ACTION: : Approval of the Agreement between the City of Corpus Christi and the Trust for Public Lands. PREVIOUS COUNCIL ACTION: Council approved the Oso Creek/ so Bay Trails, Greenways Master Plan on August 22, 2006. Council approved a Development Agreement with Hogan Home Developers, which included the property transaction on May 15, 2007. On December 11, 2007, a presentation was made to Council concerning detail design features and goals for the Oso Creek/Oso Creek/Os Bay Trails, Greenways Master Plan. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the agreement between the City of Corpus Christi and the Trust for Public Lands. Sally Gav Parks a Attachment: Background Information irector Recreation Department BACKGROUND INFORMATION Neill Amsler, Hogan Homes Developer has an option to purchase 49.53 acres from the Gaines Family on what will eventually be constructed Oso Parkway. The Hogan property abuts property currently owned by the city of Corpus Christi and the Coastal Bend Bays and Estuaries Foundation. The property is between the roadway and Oso Bay. All three tracts will be developed into a conservation /interpretive park for the citizens of Corpus Christi. Mr. Amsler has agreed to work with the Trust for Public Lands, a nationally recognized non - profit, who will purchase the property for the City of Corpus Christi and hold it until such time as the city applies for grants. Grant opportunities are available beginning in April 20, The intent is the Trust will be reimbursed from grant proceeds. Should the city not be successful in grant applications then the Trust will be reimbursed from Enrichment Funds, which are developer funds. Mr. Amsler is also contributing to the developer funds for the projects within this area. Alt funds wilt be used to improve the park site. The City of Corpus Christi entered into a Development Aareementwith Mr. Amster on May 15, 2007 noting future development of this area. The park site and development were outlined specifically within the agreement. The Parks and Recreation Department has worked with community stakeholders to develop a complete master plan for the Oso Creek/ so Bay area that includes park sites, and a linear park system for the citizen of Corpus Christi. The Conservation /interpretation Park is one of the first components to be developed. In addition to the Hogan Developer other partnerships for the project include the Coastal Bend Bays and Estuaries Foundation. When completed this park site will be approximately 162 acres. AGREEMENT OF SALE This is an Agreement with an Effective Date as provided below between THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Texas as TILL- Texas, Inc., which shall be referred to as "Seller," and the CITY OF CORPUS CHRISTI, a Texas municipal corporation, which shall be referred to as "Buyer." RECITALS A. The addresses and telephone numbers of the parties to this Agreement are as follows. Telephone numbers are included for information only. SELLER: The Trust for Public Land 1113 Vine St., Suite 115 Houston, TX, 77002 Attn: Laura Sykes Tel: (713) 226 -7200 Fax: (713) 226 -7229 Email: laura. syke s @tp l . org With copies to: The Trust for Public Land 2610 University Avenue, Suite 300 St. Paul, MN 55114 Attn: Margaret J. Madden Tel: (6 51) 999 -5301 Fax: 1 917 -2248 Email: maggie.madd n @t Lorg BUYER: City of Corpus Christi Attn: Sally Gavlilc 1201 Leopard Street Corpus Christi, TX 7840 1 -2825 Tel: (361) 826 -3464 Fax: (3 61) 826-3864 Email: sallyg@cctexas.com With copies to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street Corpus Christi, Texas 78401 Tel: (3 61) 826-3360 Fax: (361) 826-3239 B. The George 13. Gaines, Jr. Family Limited Partnership, LTD. ("Current Owner") is the owner of certain real property located in Nueces County, Texas consisting of approximately 49.53 acres and depicted on Exhibit A attached hereto and made a part hereof. Said real property, together with any and all improvements, fixtures, timber, water andlor minerals located thereon and any and all rights appurtenant thereto including but not limited to timber rights, water rights, access rights and mineral rights shall be referred to in this Agreement as the "Property". The exact legal description of the Property shall be determined in accordance with Section 31 of this Agreement. 1-30-08 1 C. Current Owner has agreed to sell the Property and certain additional property to Hogan Development Co., L.P. ("Hogan") and Hogan has assigned its right to purchase the Property to Seller. D. Upon Seller's acquisition of the Property, Buyer wishes to purchase the Property from Seller and Seller wishes to sell the Property to Buyer in accordance with the terms and conditions set forth in this Agreement. NOW THEREFORE, FOR $10.00 AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Purchase and Sale. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Property on the terms and conditions set forth herein. 1-30-08 2. Purchase Terms. a. Price. The purchase price (the "Purchase Price') for the Property shall be Five hundred twenty -eight thousand, nine hundred dollars ($528,900.00). b. Method of Payment. The Purchase Price shall be payable in cash, at Closing (as defined below), subject to any credits, pro - rations and adjustments provided elsewhere in this Agreement. 3. Buyer's Deposit. [This Section is intentionally deleted.] 4. Condition of the Propel. a. Seller shall contract with T'I Laboratories, Inc. environmental consultant ("Consultant") to complete a Phase I Environmental Site Assessment of the Property (the "Phase 1"). Seller will provide Buyer with a copy of the' Consultant's finalized Phase 1 within 5 days of Seller's receipt of the same. Buyer agrees that from the Effective Date to, through and including the later of (a) February 15, 2008 orb five business days from the date of Buyer's receipt of the Phase 1 (the "Inspection Period"), Buyer shall notify Seller of Buyer's intent to do the following at its sole cost and expense: (i) make an independent investigation of the physical condition of the Property including but not limited to the condition of the soil, the presence of hazardous materials or contaminants, other physical characteristics, and compliance with any statutes, ordinances or regulations; and (ii) study all aspects or circumstances of the Property and make al l inspections and verifications which Buyer deems material, relevant or necessary for the completion of Buyer's due diligence review for the transaction covered by this Agreement. 2 Notwithstanding any applicable law or custom to contrary, Buyer shall be solely responsible for conducting any inspections or tests required by law at its sole cost and expense. Should Buyer determine in its sole discretion based on its investigation of the Property or review of the Phase I that the condition of the Property is unacceptable to Buyer, prior to the expiration of the Inspection Period Buyer shall so notify Seller in writing of its objections ("Objections"). In the event Seller is unable to cause Hogan to cause the Current Owner to agree to remove any of Buyer's Objections prior to Closing, Buyer may elect to: (0 terminate this Agreement in which case Buyer shall have no obligation to purchase the Property and the parties' obligations hereunder shall terminate or (ii) proceed to Closing and accept the Property subject to the Objections without diminution of the Purchase Price. Buyer's failure to make timely Objections will constitute a waiver of its rights to raise any Objections hereunder and Buyer will accept title to the Property subject to such Objections. 1-30-08 b. Buyer agrees that: (i) Seller has made no representations or warranties with respect to the Property except as set forth in this Agreement; (ii) Seller shall not be responsible for any statements, representations or warranties of any kind furnished to Buyer by any real estate broker or any other person, unless the same are specifically set forth in this Agreement; (iii) no materials, brochures, or documents delivered by Seller to Buyer or any other person (including without limitation the Phase 1 and the survey to be provided pursuant to Section 31 ) shall be, or be deemed, a representation, warranty, or agreement of Seller under, or with respect to, this Agreement; and Buyer has, and shall have, the exclusive responsibility for verifying any facts or conditions set forth or described in any such materials, brochures, or documents; and (iv) Buyer has not undertaken any activity and will not undertake any activity which could reasonably be construed to jeopardize Seller's efforts to acquire the Property. The parties agree that any activity undertaken by Buyer as required by law is not an activity that could reasonably be construed to jeopardize Seller's acquisition effort. c. Buyer acknowledges that Buyer will have a full and fair opportunity to inspect the Property and any structures or improvements on the Property and to perform any tests or analyses desired by Buyer to satisfy Buyer as to the condition of the Property. Buyer agrees to accept the Property including any structures or improvements, "as is, where is," subject to all faults of every kind and nature whatsoever, whether latent or patent and whether now or hereafter existing and subject to any violations of any law or ordinance existing on the date of closing, including without limitation those relating to 3 the environmental condition of the Property. Buyer waives any and all objections to or claims or causes of action against Seller including, but not limited to federal, state or common law actions and any private right of action under state and federal law to which the Property is or may be subject (including, but not limited to CERCLA and RC RA) regarding the physical characteristics and existing structural, geologic, subsurface, soil, water and environmental conditions on, under, adjacent to or otherwise affecting the Property. 5. Closing. Final settlement of the obligations of the parties hereto shall occur on or before ore Ja u ry 31, 2009, at such date, place and time as the parties shall agree (the "Closing"). This transaction shall be closed in escrow with San Jacinto Title Services of Corpus Christi, 5926 S. Staples, Corpus Christi, TX 78413 (the "Escrow Holder"). The transaction contemplated hereunder shall be closed by Escrow Holder in accordance with the general provisions of the usual form of deed and money escrow agreement then in use by Escrow Holder, with such additional special provisions inserted in said escrow agreement as may be required to conform with the terms and conditions of this Agreement. Buyer has submitted a request to the Texas Parks and Wildlife Department for a grant to be used towards Buyer's Purchase Price obligation hereunder. Buyer understands and agrees that its obligations hereunder are not contingent upon Buyer obtaining said grant. 6. Title. Seller shall by special warranty deed convey to Buyer its interest in the Property, subject only to the following: (i) any federal, state or local laws, ordinances, regulations and/or orders whatsoever; (ii) liens for real estate taxes not yet due and payable and other taxes and assessments of any kind r nature assessed (not yet due and payable) with respect to the Property; (iii) The following restriction to be placed on the Property when it is conveyed to Seller: No roadway or other entrance to the Property, whether such roadway or entrance is public or private, may be constructed or maintained within one hundred feet (100') of the southern boundary of the Property. This restrictive covenant shall be enforceable by (i) any owner of the property adjacent to the southern boundary of the Property, (ii) any homeowners' association which includes such adjacent property, or (iii) the developer who files a plat including such adjacent property. (iv) such other title objections and exceptions as may be waived by Buyer; 1-30-08 (v) the standard printed exceptions on the form of title i with or related to the acquisition, operation, or transfer of an interest in the Property, including, but not limited to environmental assessments, appraisals, surveys, title insurance, real estate taxes, special assessments, rollback taxes, utilities,- maintenance costs and insurance premiums; provided, however, Seller's interest and financing expenses and attorneys' fees, other than those that may be incurred in enforcing this Agreement, are specifically excluded under this Section. All real property taxes on the Property, including any special assessments, levied, pending or constituting a lien against the Property, if any, shall be assumed by Buyer. Buyer shall be responsible for paying any additional taxes, penalties and interest, including but not limited to compensatory or roll back taxes, on the Property arising from the termination of a preferential tax classification of the Property payable as a result of the conveyance to Seller or Buyer. The escrow fee for Closing shall be shared equally by Seller and Buyer. Any documentary tax or real property transfer tax arising out of the conveyance of the Property shall be paid by Buyer or Buyer shall at Closing reimburse Seller for said tax. Other fees and charges not otherwise allocated in this Agreement, shall be allocated in accordance with the customary practice of Nueces es County, Texas; provided, however, if there is no customary practice then equally between Seller and Buyer, Seller will seek any real estate tax, exemption available to it during its ownership of the Property; provided, however, Seller will not be obligated to assume any costs and expenses in connection therewith other than customary application fees, if any. Buyer agrees that it will provide assistance to any effort by Seller to seek such exemption. Buyer, however, shall not be relieved of its obligation to pay such taxes and assessments as required by this Agreement, unless the Property is allowed a tax exemption during Seller's ownership. In addition, Seller will seek to lease the Property for grazing or agricultural purposes during its ownership pursuant to terms of an agreement reasonably acceptable to Seller, Buyer understands that Seller will not be obligated to assume any costs, expenses or liability in connection with such a lease. l l , Notices. All notices pertaining to this Agreement shall be in writing delivered to the parties hereto personally by hand, telecopier, courier service or Express Mail, or by first class mail, postage prepaid, at the addresses set forth in Recital A. All notices shall be deemed given when deposited in the mail, first class postage prepaid, addressed to the party to be notified; or if delivered by hand, telecopier, courier service or Express Mail, shall be deemed given when delivered. The parties may, by notice as provided above, designate a different address to which notice shall be given. 12. [This Section is intentionally deleted.] 13. Remedies Upon Default. in the event either party defaults in the performance of any of its obligations under this Agreement, the non- defaulting party shall have the right of specific performance against the defaulting party, in addition to any and all other remedies provided in this Agreement, or by law or equity. 1-30-08 6 14. No Broker's Commission. Each party represents to the other that it has not used a real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement, the party on account of whose conduct the claim is asserted will hold the other party harmless from said claim, to the extent allowed by law without waiving any limitations or exemptions from liability. 15. Time of the Essence. Time is of the essence of this Agreement. 16. Bindin on Successors. This Agreement shall be binding not only upon the parties but also upon their heirs, personal representatives, assigns, and other successors in interest. 17. Additional Documents. Seller and Buyer agree to execute such additional documents, including escrow instructions, as may be reasonable and necessary to carry out the provisions of this Agreement. 18. ii,ment. Buyer may not assign its interests under this Agreement without the written consent of Seller. 19. Entire Agreement; Modification• Waiver. This Agreement constitutes the entire agreement between Buyer and Seller pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. arts. This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one and the same agreement. 21. Severabilit . Each provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision(s) of this Agreement be for any reason unenforceable, the balance shall nonetheless be of full force and effect. 22. G vernin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 23. Acceptance of Deed. The acceptance by Buyer of the deed shall be deemed to be full performance by Seller of, and shall discharge Seller from, all obligations hereunder and Seller shall have no further liability hereunder. 1-30-08 24. Risk of Loss. Notwithstanding any applicable law or custom to the contrary, all risk or loss with respect to the Property (other than a loss resulting from the willful acts of Seller) shall be borne by Buyer. 25. Condemnation, In the event of the taking of all or any part of the Property by eminent domain proceedings, or the commencement of such proceedings prior to Closing, Buyer may, at its option, either (a) proceed to Closing with the Purchase Price reduced by the total of any awards or other proceeds received or to be received by Seller as a result of such proceedings, or (b) proceed to Closing with an assignment by Seller of all Seller's right, title and interest in and to any and all such awards and proceeds. 26. Possession. Possession of the Property shall be delivered on the date of Closing in the same condition as it is on the date hereof and/or as required pursuant to the terms of this Agreement, ordinary wear and tear excepted, free and clear of the rights or claims of any other party except as otherwise permitted in Section 6. 27. u's Representation. Buyer represents that it has full power and authority to enter into this Agreement and the person signing this Agreement for Buyer has full power and authority to sign for Buyer and to bind it to this Agreement. 28. Miscellaneous. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next business day which is not a Saturday, Sunday or legal holiday. The term "business days" as may be used herein shall mean all days which are not on a Saturday, Sunday or legal holiday. 29. Representation. Buyer hereby acknowledges that neither The Trust for Public Land nor its attorney represented Buyer as an attorney in this transaction and neither actually provided any legal advice, counsel or service to or on behalf of Buyer. Buyer further acknowledges that its attorney represented the interests of The Trust for Public Land solely in this transaction. 30. Con in nc . The parties agree that this Agreement is contingent upon the following: Buyer acknowledges that Seller does not presently own the Property and that Seller's duties hereunder and Buyer's rights hereunder are both expressly contingent upon the acquisition by Seller of the Property. In the event Seller does not acquire the Property by January 31, 2009, this Agreement shall terminate and neither party shall have any further obligations hereunder. 31. Survey. Seller will cause a TBLS Category 1A Survey of the Property to be performed and will provide Buyer with a copy within 5 business days of Seller's receipt of the finalized survey. The legal description of the Property aril l be determined in accordance with said survey and with any requirements of the Escrow Holder. 1-30-08 Buyer shall advise Seller of matters reflected in the survey(s) which are unacceptable to Buyer (the "Survey Objections") on or before the later of a February 15, 2008, orb 10 business days after the date Buyer receives the survey. in the event Seller is unable to cause Hogan to cause the Current Owner to agree to remove any Survey Objections to which Buyer has objected prior to Closing, Buyer may elect to either: (a) terminate this Agreement in which case Buyer shall have no obligation to purchase the Property or (b) proceed with the purchase of the Property subject to the Survey Objections without diminution of the Purchase Price, If Buyer fails to notify Seller of any Survey Objections in the time provided herein, Buyer shall be deemed to have accepted the survey with all matters reflected therein. 32. Conditions to Access to Pro • er , Before entering upon the Property to conduct the investigations provided for in Section 4, Buyer shall notify Seller and Seller shall have obtained the Current Owner's permission for Buyer to enter upon the Property to conduct said investigations. Buyer does hereby indemnify and hold the Current Owner, Seller and Mogan, their officers, directors, principals, and employees, as the case may be, harmless from and against any and all liability, loss, cost, claim, action, suit and/or expense (including but not limited to attorneys' fees and litigation expenses) which they may suffer or incur by reason of Buyer's or its agents presence on the Property for the purpose of making the investigations provided for in Section 4, to the extent allowed by law without waiving any limitations or exemptions from liability. 31 Sin ► . The parties agree that permanent signage on the Property shall provide for recognition of the role of Seller in this acquisition, said signage being subject to applicable governmental regulations and the approval of Seller. This section shall survive the delivery of the deed. Land Conservation Services Fee. Concurrent with the execution of this Agreement, Buyer agrees to pay to Seller a $70,000.00 land conservation services fee. This fee is for the provision of project acquisition, planning and community relations services provided by Seller in an effort to preserve the Property for public conservation and recreation purposes. However, Seller does not warrant or represent that its services will be successful. The parties acknowledge that the payment to Seller described in this paragraph constitutes payment for professional land conservation project services and is not payment for brokerage, lobbying, legal representation or legal services provided to or for Buyer. IN WITNESS of the foregoing provisions the parties have executed and delivered this Agreement as of the date set forth below. The effective date (the "Effective Date") of this Agreement shall be the last date of execution by either of the parties to this Agreement. If a party 1-30-08 9 returns this Agreement by facsimile machine, the signing party intends the copy of its . authorized signature printed by the receiving facsimile machine to be its original signature. SELLER: THE T ST FOR PITBLIC LAND Title: Date: 1-30-08 10 BUYER: cr OF CORPUS CHRLSTI By: Title: Date: By: Title: Date: Approved as to legal form: Exhibit A Depiction of the Property .. L'.( / -/A J N °3 3 ' E 4.'.' S 61'13'3F E • 169.32' E DATA L 119 ._ .,� Iis-;. \W I!-& .t rte - i1r,k : ?3,t-L �.. x' , s 01. N 05=4:;` 5;` ',Of' i +f x N17'0124- 261.19' 49.53 ACRES Dowry, if it$ m sir � ° ALE IN PEP 100 SOO 8 G O .` N +9'r" 365.00'. rt t l f N 61'20 11.4' F 7,D' i a i,;1 City of Corpus = Christi