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HomeMy WebLinkAboutAgenda Packet City Council - 11/18/2008CITY COUNCIL AGENDA NOVEMBER 18, 2008 0 cpr c. i ORPOH 185 11:45 A.M. - Proclamation declaring November 18, 2008 as "Selena Auditorium 30th Anniversary" Proclamation declaring the week of November 16 -22, 2008 as "National Hunger and Homelessness Awareness Week Proclamation declaring the month of November 2008 as "National American Indian Heritage Month" Commendation: Kalyn Davidson, 2008 Texas Amateur Athletic Federation Athlete of the Year Award Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 18, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN 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 Usted desea dirigirse al Concilio y cree que su Ingles es limitado , habre un interprete ingles- espaflol en todas las juntas del Concilio para 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 given by Father Sean Maloney, St. Bartholomew's Episcopal 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 Tem Michael McCutchon Council Members: Melody Cooper City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Bill Kelly Priscilla Leal John Marez Nelda Martinez E. MINUTES: (NONE) Agenda Regular Council Meeting November 18, 2008 Page 2 CITY COUNCIL - PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 1) 1. Citizens Advisory Health Board * Community Youth Development (78415) Program Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. lfdeemed 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. CITY MANAGER'S REPORT: (NONE) CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished 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) 2. Motion approving a Municipal Lease Line of Credit with Frost National Bank in accordance with Bid Invitation No. BI- 0009 -09 based on most advantageous bid for an estimated annual expenditure of $113,400. The term of the contract is for 24months with options to extend for up to two additional 12- month periods, subject to the approval of the contractor and the City Manager, or his designee. (Attachment # 2) Agenda Regular Council Meeting November 18, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the lease /purchase of one (1) Peterbilt truck tractor from Rush Truck Centers of Texas, LP, of Houston, Texas for a total amount of $152,833. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor is an addition to the fleet and will be used by Solid Waste Services. Financing for the truck tractor will be provided through the City's lease /purchase financing program. (Attachment # 3) 4. Motion approving the purchase of five (5) 2009 Compressed Natural Gas Compact Sedans in accordance with Bid Invitation No. BI- 0042 -09 from Lute Riley Honda, of Richardson, Texas based on most advantageous bid for a total of $128,800. Funding is available from the FY08 -09 Capital Outlay Budget in the Fleet Maintenance Fund. (Attachment # 4) 5.a. Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth .Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for FY 2008— 2009, Contract Period September 1, 2008 through August 31, 2009. (Attachment # 5) 5.b. Ordinance appropriating $500,000 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Code for FY 2008 -2009 contract period September 1, 2008 through August 31, 2009. (Attachment # 5) 5.c. Motion authorizing the City Manager or his designee to execute a subcontract with the Boys & Girls Club of Corpus Christi in the amount of $50,000 to provide services for youth ages 6 to 17 in the 78415 Zip Code. (Attachment # 5) 5.d. Motion authorizing the City Manager or his designee to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $86,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 5) Agenda Regular Council Meeting November 18, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 5.e. Motion authorizing the City Manager or his designee to execute a subcontract with Planned Parenthood of South Texas in the amount of $30,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 5) 5.f. Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $35,000 to provide services for youth ages 14 -17 in the 78415 Zip Code. (Attachment # 5) 5.g. Motion authorizing the City Manager or his designee to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000 to provide services for girls in the 41h , 5th & 6th grades in the 78415 Zip Code. (Attachment # 5) 5.h. Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $30,000 to provide services for youth ages 11 to 17 in the 78415 Zip Code. (Attachment # 5) 5.i. Motion authorizing the City Manager or his designee to execute a subcontract with Nueces County MHMR in the amount of $30,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 5) 5j. Motion authorizing the City Manager or his designee to execute a subcontract with SERCO of Texas in the amount of $60,000 to provide services for youth ages 10 -17 in the 78415 Zip Code. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Park and Recreation Capital Improvement Program (CIP) Fund, and additional $117,000 grant matches from the Coastal Bend Bays and Estuaries Program, and Saltwater Fisheries Enhancement Association, and architectural services from Robert Floyd, for total project cost of $667,000. (Attachment # 6) Agenda Regular Council Meeting November 18, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.b. Resolution authorizing the City Manager or his designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater Fisheries Enhancement Association concerning development of coordinated plan to remedy the boat ramps and parking lot located near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. (Attachment # 6) 7. Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with Incarnate Word Academy (IWA) for the use of Dick Runyan Field at Evelyn Price Park during IWA baseball season of January 1 through May 30 in consideration of IWA construction of field improvements of minimum estimated value of $35,000, and IWA maintaining the premises. (Attachment # 7) 8.a. Ordinance appropriating $87,588.73 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $87,588.73. (Attachment # 8) 8.b. Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas, in the amount $87,588.73 for a revised total contract price of $845,418.76 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007- 2008 for contractor mobilization, demobilization and other construction suspension costs. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of $112,782 for the Broadmoor Senior Center Improvements project. (CDBG /BOND 2008) (Attachment # 9) 411 Agenda Regular Council Meeting November 18, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Motion authorizing the City Manager or his designee to execute a Reimbursement Agreement with Tierra Pipeline Group, LLC, of San Antonio, Texas in the amount of $150,000 for the Kingsbury Drive Bridge Replacement for relocation of existing utility lines. (Attachment # 10) 11.a. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Coym, Rehmet, Gutierrez Engineering, LP, of Corpus Christi, Texas in the amount of $62,400, for a total restated fee not to exceed $227,740, for the Street Overlays Cluster 1 for design and construction administration of ADA Curb Ramps. (Attachment # 11) 11.b. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $205,870, for a total restated fee not to exceed $370,980, for the Street Overlays Cluster 2 and Cluster 4 for design and construction administration of ADA Curb Ramps and additional construction inspection of Clusters 2 and 4. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in an amount not to exceed $129,005.17 for a restated not to exceed contract amount of $14,791,114.17 for water line revisions and tie -in beyond the original construction limits for the Bayfront Development Implementation Plan — Phase 1 Improvements. (Attachment # 12) 13.a. Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $167,882.57 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. (Attachment # 13) 13.b. Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $116,719 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. (Attachment # 13) Agenda Regular Council Meeting November 18, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13.c. Motion authorizing the City Manager or his designee to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $59,383 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. (Attachment # 13) 13.d. Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,215 for biological monitoring services associated with the Rincon Bayou Diversion Project 2008 -2009. (Attachment # 13) 14. Second Reading Ordinance - Amending Section 2 -75 "Membership; terms and filling vacancies," of the Code of Ordinances, regarding membership of the Library Board; providing for an effective date; and providing for publication. (First Reading — 11/11/08) (Attachment # 14) 15. Second Reading Ordinance - Amending Section 2 -78 "Lay Representative of City," of the Code of Ordinances, regarding selection of the Lay Representative of the City to the South Texas Library System; providing for an effective date; and providing for publication. (First Reading — 11/11/08) (Attachment # 15) 16. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in Youth Advisory Committee; providing for publication. (First Reading — 11/11/08) (Attachment # 16) 17. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, to impose lien for overdue utility bill; providing for publication; and providing an effective date of December 1, 2008. (First Reading- 11/11/08) (Attachment # 17) Agenda Regular Council Meeting November 18, 2008 Page 8 CITY COUNCIL PRIORITY1SSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASE: 18. Case No. 1008 -02, Jason and Kim Comstock: A change of zoning from an "F -R" Farm Rural District to a "RE" Residential Estate District resulting in a change of land use from vacant to residential on property described as a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road approximately one -half mile south of Yorktown Boulevard. (Attachment # 18) Planning Commission & Staff's Recommendation: Approval of a "RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance, upon application by Jason and Kim Comstock, by changing the Zoning Map in reference to a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm Rural District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. STREET /ALLEY CLOSURES: 19.a. Public hearing and First Reading Ordinance - Consider abandoning and vacating the Avenue "F" public street right -of- way (1.248 acres) from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way; subject to compliance with specified conditions. (Attachment # 19) 19.b. Public hearing and First Reading Ordinance - Consider abandoning and vacating a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the city limit line; subject to compliance with specified conditions. (Attachment # 19) Agenda Regular Council Meeting November 18, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19.c. Public hearing and First Reading Ordinance - Consider abandoning and vacating a portion of the Sigmor Road street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line; subject to compliance with specified conditions. (Attachment # 19) 19.d. Public hearing and First Reading Ordinance - Consider abandoning and vacating a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the city limit line; subject to compliance with specified conditions. (Attachment # 19) 20. Public hearing and First Reading Ordinance - Consider abandoning and vacating a 61,537.10- square foot portion of undeveloped and unsurfaced, South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to compliance with specified conditions. (Attachment # 20) 21. Public hearing and First Reading Ordinance - Consider abandoning and vacating a 2,701.10- square foot portion of a 10- foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way; subject to owner's compliance with specified conditions. (Attachment # 21) 22.a. Public hearing and First Reading Ordinance - Consider abandoning and vacating a 52,488.43- square foot portion of the Carmel Parkway public right -of -way, located between the South Staples Street and Gollihar Road street rights -of -way; subject to owner's compliance with specified conditions. (Attachment # 22) (POSTPONED) 22.b. Public hearing and First Reading Ordinance - Consider abandoning and vacating a 5,040.17- square foot portion of dedicated public right -of -way, located just west of the South Staples Street public right -of -way, and north of the Carmel Parkway public right -of -way; subject to compliance with specified conditions. (Attachment # 22) (POSTPONED) Agenda Regular Council Meeting November 18, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 23. Discuss appointment and approve a motion authorizing the Mayor to negotiate and bring back for council approval an Employment Contract for City Manager Angel Escobar. (Attachment # 23) 24. Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Attachment # 24) 25.a. Motion to authorize the City Manager or designee to execute a Frequency Reconfiguration Agreement with Nextel of Texas, Inc., in which Nextel shall pay for replacement radios and equipment to comply with order of Federal Communications Commission to minimize harmful interference to public safety radio system communications in the 800 MHz radio band. (Attachment # 25) 25.b. Motion to authorize the City Manager or designee to execute a Contract with Dailey & Wells Communications, Inc., of San Antonio, Texas, for public safety radio and equipment improvements, with costs to be paid by Nextel of Texas, Inc. pursuant to the Frequency Reconfiguration Agreement. (Attachment # 25) 26. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a pedestrian safe area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two -way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park; establishing a pedestrian safe area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Agenda Regular Council Meeting November 18, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Christi, Texas, dune protection and beach access regulations to show the approximate location of bollards to be installed on the beach; providing for publication; and providing a delayed effective date. (Attachment # 26) 27.a. Motion approving a one -year agreement for purchase of system hosting services from SunGard Public Sector of Lake Mary, Florida in the amount of $369,478 for the SunGard Public Sector suite of application modules; and ePlan Review software licensing, hosting, and services provided by SunGard Public Sector. (Attachment # 27) 27.b. Motion approving the purchase of continued annual hosting services from SunGard Public Sector of Lake Mary, Florida for the SunGard Public Sector Suite of application modules subject to annual appropriation of funds based on sole source. (Attachment # 27) 28. Resolution granting a variance from the guidelines and criteria for granting tax abatement and authorizing the execution of an agreement with Transcontinental Realty Investors, Inc. providing for temporary property tax abatement. (Attachment # 28) 29. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. (Attachment # 29) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 30. Crime Control and Prevention District Quarterly Report (Attachment # 30) 31. Proposed Smoking Ban Ordinance (Attachment # 31) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE Agenda Regular Council Meeting November 18, 2008 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, 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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE 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. Agenda Regular Council Meeting November 18, 2008 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 32. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement Action, RN101385151, Docket No. 2008 -1521- MLM -E, Enforcement Case No. 36564, with possible discussion and action in open session. O. 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 41s p.m., on November 12, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 t Pit} IYOWNI Develop Street Plan Texas A &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review , a. CITIZENS ADVISORY HEALTH BOARD — One (1) vacancy with term to 11- 11 -11. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three -year terms, five (5) by the Commissioners Court for two -year terms; and one member appointed jointly by the City and the County. The board elects its own president and vice president. ORIGINAL MEMBERS TERMS APPTD. DATES Amanda Stukenberg (City) 11 -11 -09 5 -08 -01 Mary Jane Garza (City), Co Chair 11 -11 -11 3 -20 -07 Ruben Garza (County) 06 -30 -09 6 -30 -07 Suzzette Chopin (City), Co Chair 11 -11 -11 2 -21 -06 Leo Barrera, Jr. (County) 06 -30 -09 4 -24 -84 Pamela S. Meyer (County) 06 -30 -10 7 -09 -08 Rebecca Esparza (City) 11 -11 -10 3 -20 -07 * ** *Russell Stowers (City) 11 -11 -08 6 -12 -07 Dr. Tony Diaz (County) ___ 06 -30 -09 11 -11 -78 VACANT (County) Araselia Barrera (Joint) 11 -11 -11 2 -21 -06 INDIVIDUALS EXPRESSING INTEREST Kay H. Aeby David Berlanga Self - employed, Administrator. Activities include: Past American Cancer Society Volunteer and Board Representative. Former Member of the Downtown Redevelopment Committee. (6- 15 -07) Financer/ManagerBusinessDeveloper /CEO, Maker Capital Group, Fung Shui Lounge, Sang &Dav LLC, and American Builders. Received Bachelors Degree from University of Texas, Austin and currently working on Masters of PublicAdministration/City Management, Texas State University. Activities include: Habitat for Humanity, Organizer for Hispanics Organized for Public Education (HOPE), and Social Director for Zeta Psi. (9- 18 -07) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Rosa M. Gonzalez Laura L. Hebert Edward Kownslar Social Work Supervisor, Nueces County Human Services. Received Bachelor of Science in Social Work from University of Texas Pan American. Activities include: Social Work Society and Aid Coalition. (3- 12 -08) Owner and President, Hebert Insurance Group, Inc. Past President of CBAHU and Past President of Delta Gamma, RCIA teacher, and member of Eastern Star 354. (6 -7 -07) Librarian, Texas A &M University - Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University - Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999 -2007, and American Library Association, Various Committees, 1998 - Present. (6- 15 -07) Lea Lenahan Realtor, Lighthouse Realty. Received BX in Exercise Science and MPH in Public Health. (1- 14 -08) Patricia Mattocks Gerard Navarro, Jr. RoseMarie Olivarez Director of Program Services, March of Dimes. Activities include: League of Women Voters — Past Vice - President and Nominating Committee, Zonta, and St. Paul United Church of Christ — Women's Ministry. (9- 12 -07) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 19 -08) Attended College. Activities include: Neighborhood Initiative Program — Model Block Program Leader and Neighborhood Initiative Council. (9 -2 -08) Rita Sonia Padron Michael San Miguel Ted Schroeder Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2- 20 -08) Instructor/Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GED. Received Award for Employee of the Quarter and Instructor of the Month. (5- 25 -07) Administrator/Instructor, Gulf Coast Food Manager Certification Program Received Degree in Business Management from University of Kentucky. Past President of Elizabethtown, Kentucky Jaycees and Lions. (2- 22 -08) Dr. Bruce Nelson Stratton General Manager, KFTX Radio. Received B.A. and Master of Arts with Major in Broadcasting from Almeda University. Activities include: Former Vice -Chair of Corpus Christi Cable Commission. Recipient of: Gavin Music Director of the Year Award, Inductee into Country Music Association of Texas Hall of Fame and Nominated twice for the #1 Air Personality by Country Music. (11 -4- 08) Tori Alexandria Thomas Miller High School Graduate. Attends College. (2- 21 -07) Timothy Weitzel Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) b. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Two (2) vacancies with terms to 8 -31 -09 and 8 -31 -10 representing the Youth category. (Youth members must be active in Youth Action Committee.) DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD Program, or their immediate family members, may serve on the committee. An expiration datgfor this committee was set as August 31, 2005, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE Fr. Peter Martinez (78415 Resident) 8 -31 -10 2 -19 -08 Erica Mora (78415 Resident) 8 -31 -10 2 -19 -08 Anna Marie Cortez (78415 Resident) 8 -31 -09 5 -24 -05 Venessa Santos -Garza 8 -31 -10 8 -12 -08 Linda Moyer (78415 Resident) 8 -31 -10 2 -19 -08 Rosa "Linda" Rincon (78415 Resident) 8 -31 -09 1 -16 -07 Mary Ann Rojas 8 -31 -09 6 -17 -08 Diana Mesa, Chair (78415 Resident) 8 -31 -09 5 -24 -05 Jim Boller III 8 -31 -10 2 -19 -08 * * *Daquandria Chillis (Youth) 8 -31 -08 4 -08 -08 * * * *Alyssa Carrasco (Youth) 8 -31 -09 4 -08 -08 (Note: The Youth Action Committee strongly supports the recommendation of Xiao Bohannon.) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST Xiao Bohannon Nadia Contreras Lydia Hastey Mariah Howard Sophomore, Mary Carroll High School. Activities include: Youth Advisory Committee, Republican Society, Junior Statesman Association, Asian Culture Club, Historical Society and Chess Teacher for Children. Recipient of 2006 Texas Girls Chess Champion, 2006 -2008 Regional Girls Chess Champion, 2007 Regional History Fair Winner and A Honor Roll. (10 /10 /08) Junior, Mary Carroll High School. Activities include: Youth Advisory Committee and Student Council. Recognized by the Govemor of Texas for Participation in the People to People Student Ambassador Program. (11/10/08) Senior, Mary Carroll High School. Activities include: Youth Advisory Committee and Los Emperadores (Spanish Honors Society). (11/10/08) Junior, Mary Carroll High School. Activities include: Youth Advisory Committee, Environmental Society, and Junior Council. (11/10/08) 2 Requested Council Action: 11/18/08 Alternate Date: 12/09/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a Municipal Lease Line of Credit with The Frost National Bank in accordance with Bid Invitation No. BI- 0009 -09 based most advantageous bid for an estimated annual expenditure of $113,400. The term of the contract is for twenty four 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. BACKGROUND Purpose: Previous Contract: Bid Invitations Issued: Bids Received: Award Basis: The City uses municipal lease purchase financing to fund equipment and rolling stock replacement needs. As equipment is requisitioned to be purchased, the equipment is purchased under all applicable statutes and city procurement polices. The financing for the purchase is provided through this lease line of credit agreement. An estimated $4.8 million dollars worth of equipment is projected to be purchased over the initial twelve month period of this agreement. The lessor made the decision not to extend the current contract, requiring the City to issue new bid invitations. Twenty-seven Four Most advantageous Bid Bidders were instructed to bid a markup from a designated pre- defined financial index in order to determine the interest rate that would be charged for each particular piece of equipment purchased. All bids received conditioned their offer with additional terms and conditions relating to the lease agreement and/or submitted an alternative financial index that the lease interest rate would follow. Based on the analysis of the bids, the City has selected an alternative bid submitted by The Frost National Bank due to the lower cost of financing. The bid invitation allows the City to consider alternative bids provided that the cost is lower and the overall function is improved or not impaired. The actual interest rate will fluctuate throughout the term of the contract based on the index rate at the time of the purchase. Based on the index rate on October 30, 2008, the interest rate charged to the City for a 60 month lease is 4.373 %. Various City Departments $113,400 Mic'c -1 Barrera Assistant Director of Financial Services c g m m m m S C N 7 co • a N a?.0 N O a m D O'00 —S a a gl o a < o Z a m c • (0 o a O N 0 0) c T ( N Vt N N 91 P 91 91 0 a W W a N J ON 3 £ N W 0 N x N a a t d a c _off e e e o e e e o e e e ° a i m a • W m (D m 2 2 2 2 O Q O o £a 01 A J 0 0 0 0 O. 3 N < N 03 W m m 0aN • o e e e a a: a a O W N N N O 'er = a S"O 01 01 co co A A A Z Z Z Z O _ y. 0 9) g d (WO a (OO b A N (ww tP m W m • o e e e e e a a a a - O co Co J 0) 01 A Co N a. 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W W W W N N N N W W 00 N N N J V J V N N N W J O 0 co W CO Co CO CO OO 00 o o 01 0 0 0 (0 CO (0 o o o o N N N 01 A W W N N N N 3 3 3 • •c '< '< '< '< '< '< 0 0 0 0) 0) 0) 0) 0) o 0) 0)>>> to to to CO* to to w v) r r r 0 0 t 0 v C 0 O O O 73 A 73 N N N N N3 N N N N N N CO NW(0o CO CO O) (0 N CO OD (T W 0 0 0 0 o e o o e o 0 0) a a (0 0 O) 0 N W ( IN 01 CA N CP Ie Iw le Z O m (0 3 0 0) a .O • g c N 0) N m a O a 0.- y 0 2 y o- LLB &L Draft of 11/07/08 MASTER LEASE PURCHASE AGREEMENT BETWEEN The City of Corpus Christi, as "City" and The Frost National Bank, as Lessor THIS MASTER LEASE PURCHASE AGREEMENT (the Agreement), is by and between The Frost National Bank, as lessor (Lessor) whose address is 100 West Houston Street, San Antonio, Texas, and the City of Corpus Christi, a political subdivision of the State of Texas as lessee (City), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas 78401. WITNESSETH: WHEREAS, the City is authorized by law to acquire such items of personal property as are needed to carry out its governmental functions, and to acquire such personal property by entering into a lease with the option to purchase; and WHEREAS, the City has determined that it is necessary for it to acquire under this Agreement certain items of personal property described herein as the Property; and WHEREAS, Lessor is willing to lease certain Property to the City pursuant to this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein City and Lessor hereto recite and agree as follows: ARTICLE 1. DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The terms defined in this Section, for all purposes of this Agreement, have the following meanings: Additional Terms: Consecutive terms, each of a one -year fiscal period, for which a Lease with respect to a Property Group remains in effect unless terminated by City. Each Additional Term commences at the end of the Original Term or the preceding Additional Term and continues for a period within which all of the Lease Payments specified in Exhibit B will be paid as provided in Section 4.1. Agreement: The Master Lease Agreement and all Exhibits hereto. Business Dav: Each day on which the City is open for business. Contractor: Each manufacturer or vendor from whom the City has ordered or contracted for the manufacture, delivery, and/or installation of the Property. Contract Administrator: The City's designated representative for administering this Agreement is the Director of Financial Services or designee. 1 DAL 1814858v.3 Fiscal Year: The twelve (12) month fiscal period of the City which commences annually on August 1 and ends on the following July 31. Independent Counsel: An attorney duly admitted to the practice of law before the highest court of Texas and who has no past or present relationship with either Lessor or City. Interest: The portion of any Lease Payment designated as and comprising interest as shown in any Exhibit "B" hereto. Lease: With respect to each Property Group, this Agreement and the Schedule relating thereto, which shall constitute a separate contract relating to such Property Group. Lease Payment: The payment of Principal and Interest due from the City to Lessor on each Payment Date as shown on each Exhibit "B ". Lease Term: With respect to any Property Group, the Original Term and all Additional Terms during which the related Lease is in effect as specified in Section 4.1. Net Proceeds: Any insurance proceeds or condemnation award, paid with respect to any Property, remaining after payment there from of all expenses incurred in the collection thereof. Non - appropriation: The failure of the City Council of the City to appropriate money for any Fiscal Year sufficient for the continued performance of a Lease by the City with respect to the related Property Group, which may be evidenced by a budget ordinance or resolution which prohibits the City from using any monies to pay the Lease Payments due under such Lease with respect to such Property Group for a designated Fiscal Year. Original Term: The period from the date of execution of an Exhibit A with respect to a Property Group until the end of the Fiscal Year which includes the date of execution. Payment Date. The date upon which any Lease Payment is due and payable as provided in any Exhibit "B ". Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to the provisions of Section 7.3 hereof, permit to remain unpaid, (ii) this Agreement and amendments hereto, (iii) Lessor's interest in the Property, and (iv) any mechanic's, laborer's, material men's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, other than any lien arising through a Contractor or which the City may, pursuant to Article 8, hereof, permit to remain unpaid. Principal: The portion of any Lease Payment designated as principal in any Exhibit "B" hereto. Property: Individually or collectively as the context requires, the personal property designated by the City, which is described in one or more Exhibit "A "s as now or hereafter constituted. The City may lease - purchase all Property it determines necessary to provide essential services, which includes computer hardware and software. 2 DAL 1814858v.3 Property Group: The Property listed on any Exhibit "A," comprising a single purchase or a group of items, equipment, or associated products. Purchase Option Price: With respect to a Property Group listed on any single Exhibit "A," the amount equal to the unpaid Principal Balance of the Property Group, plus unpaid interest accrued to the prepayment date, plus the prepayment premium described in Section 5.5 hereof. Schedule: A schedule consisting of separate but like - numbered pages of Exhibits A and B which have been completed with respect to a Property Group and executed by Lessor and City. Specifications: The bid specifications and/or purchase order pursuant to which the City has ordered any Property from a Contractor. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: Exhibit "A ": Property Group Description. Each Lease will have consecutively numbered Exhibit "A "s. Each Exhibit "A" will describe the Property Group for its Lease, including serial numbers when available, on consecutively numbered pages. A sample Exhibit "A" is attached and incorporated. Exhibit "B ": Lease Payment Schedule. Each Lease will have consecutively numbered Exhibit "B "s. Each Exhibit "B" will contain the date and amount of each Lease Payment due for the corresponding Exhibit "A" Property Group, the amount of each Lease Payment allocating Principal and Interest, the price at which City may exercise its Article X option to purchase Lessor's interest in each Property Group, and the due date of each Lease Payment. Exhibit "C ": Certificate of Acceptance. A Certificate of Acceptance signed by the Contract Administrator indicating that the Property Group described therein has been delivered and installed in accordance with the Specifications, and has been accepted by the City, the date on which Lease Payments shown in the page of Exhibit "B" relating thereto commences, and that certain other requirements have been met by the City. A sample Exhibit "C" is attached and incorporated. Exhibit "D ": Opinion of Counsel. A form of opinion of counsel to the City as to the organization, nature, and powers of the City; the validity, execution, and delivery of this Agreement and various related documents; the absence of litigation; and related matters. A sample Exhibit "D" is attached and incorporated. Exhibit "E ": Requisition Report. City shall furnish Lessor an Exhibit "E" prior to issuing bids for any Property Group unless the item is on Exhibit "F ", Approved Property List. The parties agree that no Exhibit "E" shall be required for property listed on Exhibit "F ". Each Exhibit "E" will include the proposed Property Group, an estimated price for each piece of Property, the budgeted amount for each piece of Property, the desired number of Lease Payments, and any other information that City's Contract Administrator and an authorized agent of Lessor mutually agrees to add to Exhibit "E ". A sample Exhibit "E" is attached and incorporated. 3 DAL 1814858v.3 Exhibit "F ": Approved Property List. City will furnish Lessor an Exhibit "F" listing all Property budgeted for purchase during FY08 -09. Lessor approves the lease purchase of all Property listed on Exhibit "F" by bidding on and signing this contract. City will furnish Lessor's Agent a new Exhibit "F" by August 15th annually, which lists all Property budgeted for purchase during subsequent fiscal years. The initial Exhibit "F" is attached and incorporated. ARTICLE 2. REPRESENTATION, COVENANTS, AND WARRANTIES Section 2.1. Representations, Covenants, and Warranties of the City. The City represents, covenants, and warrants as follows: (a) The City is a municipal corporation and political subdivision of Texas, duly organized and existing under the Constitution and laws of the State. The City will do or cause to be done all things necessary to preserve and keep in full force and effect throughout the Lease Term its existence as a body politic and corporate. (b) The City is authorized under the Constitution and laws of Texas to enter into this Agreement and the transactions contemplated hereby, and to perform all of its obligations hereunder. (c) The City Manager has been duly authorized to execute and deliver this Agreement by the official action of the City's governing body, the City Council. (d) In authorizing and executing this Agreement, the City has complied and/or will comply with all public bidding and other laws applicable to this Agreement and the acquisition of the Property by the City. (e) The City is not subject to any legal or contractual provision that restricts or prevents it from entering into and performing its obligations under this Agreement. (f) The City has no knowledge of any pending or threatened action, proceeding or investigation affecting the City, nor, to the best knowledge of the City, is there any basis therefor, wherein an unfavorable result would adversely affect the transactions contemplated by this Agreement. (g) The Property is and will remain throughout the Lease Term personal property and not fixtures. (h) The execution and performance of this Agreement will not violate any judgment, order, law or regulation, constitute a default under any instrument binding upon the City, or create any encumbrance upon any assets of the City or the Property, except for the Permitted Encumbrances. (i) To the knowledge of the current interim City Finance director and interim Assistant City Manager over Finance department, the City has never non - appropriated or defaulted under any of its obligations under any lease - purchase contract, bond or other debt obligation. 4 DAL 1814858v.3 (j) No approval, consent or withholding of objection is required from any governmental authority other than the City with respect to the entering into or performance by the City of this Agreement. (k) The balance sheet of the City for its most recent Fiscal Year and the related earnings statement of the City for such Fiscal Year will be furnished to Lessor within 30 days of the effective date of this Agreement, and fairly represent the City's financial condition as of such date and the results of its operations for such Fiscal Year in accordance with generally accepted accounting principles consistently applied, and, since such date, there has been no material adverse change in such condition or operations. (1) City has investigated the facts, estimates and circumstances in existence on the date hereof, together with City's expectations as to future events. These are true and are complete in all material respects, and on the basis of such, it is not expected that the use of the proceeds hereof or any other moneys or property will be used in a manner which will cause this Agreement to be treated as an arbitrage bond within the meaning of section 148 of the Code. Such expectations are reasonable, and there are no other facts, estimates or circumstances that would materially change such expectations. (m) None of the proceeds hereof will be used, directly or indirectly, in any trade or business carried on by any person other than a governmental unit, which is defined to include any state of the United States and any political subdivision; agency, instrumentality or entity acting by or on behalf of a state, but not including the United States or any agency or instrumentality thereof, no more than 10% of the Property will be used directly or indirectly in a trade or business carried on by any such person, and no more than 5% of the Property will be used directly or indirectly in trade or business carried on by any such person that is not related to any government use of such Property. (n) Should the Interest component of payments hereunder be deemed by the federal government or determined by the Internal Revenue Service or a court of competent jurisdiction or an opinion of nationally recognized bond counsel not to be exempt from gross income, subject to the provisions of Section 13.13 hereof, City will pay as additional sums hereunder sufficient funds to adjust the interest to be paid hereunder to an amount equivalent to the after -tax interest rate contemplated hereunder as a tax exempt transaction. Said adjustment will be retroactive and apply to any installments already paid by City to Lessor to the extent that any ruling by any such taxing authority requires the payment of additional tax on payments already received by Lessor. This obligation will survive the expiration of this Agreement. (o) The City will not pledge, mortgage, or assign this Agreement, or its duties and obligations hereunder to any other person, firm, or corporation except as provided under the terms of this Agreement. (p) The City will use the Property during the Lease Term only to perform essential governmental functions devoted exclusively to public uses. (q) The City will take all affirmative actions legally within its power necessary to ensure that the Interest portion of the Lease Payments does not become included in 5 DAL 1814858v.3 the gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the Code) and Treasury Regulations promulgated thereunder (the Regulations). (r) Within five (5) Business Days of final acceptance of each Property Group by the Contract Administrator, after delivery and installation of that Property Group, the City will provide to Lessor a completed and executed copy of the Exhibit "C ", Certificate of Acceptance, corresponding to that Property group, together with completed and executed copies of the related Exhibits "A" and "B ". (s) Upon the execution of this Agreement, the City will provide the Lessor an opinion of its legal counsel in substantially the form of Exhibit "D." (t) Upon the request and direction of Lessor, the City will submit to the Secretary of the Treasury an information reporting statement at the time and in the form required by the Code and Regulations. (u) The City shall take appropriate official action by its governing body to approve the acquisition and financing of any Property Group under the terms and conditions of this Agreement. Section 2.2. Representation, Covenants, and Warranties of Lessor. Lessor represents, covenants, and warrants as follows: (a) Lessor is a national banking association duly organized, existing and in good standing under and by virtue of the laws of the United States and is duly qualified and in good standing as a foreign entity authorized to transact business in the State of Texas; has power to enter into this Agreement, is possessed of full power to own and hold personal property, and to lease the same; engages in the leasing of personal property such as the Property in the ordinary course of business; and has duly authorized the execution and delivery of this Agreement and all addenda thereto. (b) Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions, or provisions of any restriction, agreement, or instrument to which Lessor is now a party or by which Lessor is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Lessor, or upon the Property except Permitted Encumbrances. (c) Lessor must not issue Certificates of Participation and Lessor agrees that City shall not be required to provide any disclosure information under Securities & Exchange Commission Rule 15(c) 2 -12. ARTICLE 3. LEASE OF PROPERTY Section 3.1. Acquisition of Property. During the Lease Term, when City desires to lease a Property Group from Lessor, Contract Administrator shall complete an Exhibit "E ", 6 DAL 1814858v.3 Requisition Report, which includes the Property Group, an estimated price for each piece of Property, the budgeted amount for the Property Group, and the desired number of Lease Payments for the Property Group. For any Property not on the annually approved Exhibit "F ", Lessor must advise the Contract Administrator in writing whether Lessor will lease the Property Group to City within three (3) business days after receipt of a completed Exhibit "E ". City will initiate the bid process to purchase the Property Group. Upon receipt of bids and award by City Council of a contract to purchase City shall notify Lessor in writing of the Property Group cost and estimated delivery period, and Lessor shall execute an Exhibit "A ", numbered with the assigned Lease Number, and forward it to the Contract Administrator. If City so desires, or if Lessor chooses not to lease a Property Group to City or chooses not to lease for the number of Lease Payments City requested, City may lease the Property Group from any one else it chooses. Section 3.2. Property Delivery; Documentation. Upon Lessor's written approval of an Exhibit "E" Lessor shall provide City with an assigned Lease Number and Contract Administrator will prepare working file copies of Exhibits "A" and "B ", and forward a copy of each to Lessor's designated representative. After delivery of a Property Group to City, City staff shall inspect the Property Group for compliance with Specifications. Within three (3) business days after the Contract Administrator receives staffs written acceptance of the Property Group, City will complete the previously furnished Exhibits "A" and "B" and will provide Lessor a completed and executed Exhibit "C" (Certificate of Acceptance). Lessor must pay a Contractor, or reimburse City for any payment it made to a Contractor, for a Property Group on the same day that the Amortization Schedule Exhibit `B" begins, which must be within three business days of receipt of all documents from the City. Contract Administrator must provide Lessor, in a form satisfactory to Lessor, the following: (a) an Exhibit "A" and Exhibit `B" executed by City and Lessor; (b) an Exhibit "C" executed by City; (c) a motion, or other evidence, showing official action taken by the City Council to authorize acquisition of the Property Group on the terms provided in Exhibit "A "; (d) Contractor invoice(s) and/or bill(s) of sale relating to the Property Group, and if the invoices have been paid by City evidence of payment thereof, and if applicable, evidence of official intent to reimburse such payment as required by the Regulations; (e) as applicable, financing statements executed by City as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application if any of the Property Group is subject to certificate of title laws; (f) a completed and executed Form 8038 -G or -GC or evidence of filing thereof with the Secretary or Treasury; and 7 DAL 1814858v.3 (g) any other documents or items reasonably required by Lessor. Simultaneously with the delivery of the Property Group, Lessor shall cooperate with the City and the City shall take all actions necessary to vest legal title to the Property Group in the City, and to perfect a security interest therein in favor of Lessor or a person, firm, or corporation designated by Lessor. Within three (3) business days of Lessor's receipt of the documents listed above in (a) -(g) in form and substance satisfactory to Lessor, Lessor shall make full payment to Contractor(s) of all funds applicable to the accepted Property Groups by either wire transfer or overnight delivery of a check at the direction of the Contract Administrator. If the escrow agreement described in Section 3.6 is utilized Lessor will consent to a disbursement from the escrow account for payment of all funds applicable to the accepted Property Group within three (3) business days of Lessor's receipt of the documents listed in (a) -(g) above in form and substance satisfactory to Lessor. Section 3.3. Lease. Lessor hereby leases all Property made subject to this Agreement to the City, and the City hereby leases such Property from Lessor, upon the terms and conditions set forth in this Lease. Section 3.4. Possession and Eniovment. Lessor hereby covenants to provide the City during the Lease Term with the quiet use and enjoyment of the Property, and the City will during the Lease Term peaceably and quietly have and hold and enjoy the Property, without suit, trouble, or hindrance from Lessor, except as expressly set forth in this Agreement. Lessor will, at the request of the City and at the City's cost, join in any legal action in which the City asserts its right to such possession and enjoyment to the extent Lessor lawfully may do so. Section 3.5. Lessor's Access to Property. The City agrees that Lessor may at all reasonable times examine and inspect the Property. The City further agrees that Lessor will have such rights of access to the Property as may be reasonably necessary to cause the proper maintenance of the Property in the event of failure by the City to perform its obligations hereunder. Section 3.6 Alternative Procedure; Escrow Agreement. Notwithstanding the provisions of Section 3.2, if, upon agreement by Lessor and City as to any Property Group to be acquired and leased by City under this Agreement, Lessor and City enter into an escrow agreement (which shall name Lessor as the sole escrow agent) establishing an account from which the Property Group cost is to be paid (the "Escrow Account ") (a) Lessor and City will immediately complete and execute an Exhibit A and Exhibit B relating to the Property Group; (b) the amount deposited by Lessor into the Escrow Account will be a loan from Lessor to City which will be repaid by the Lease Payments due under the related Lease; and (c) the Lease Payments relating to the Property Group will have an aggregate Principal component equal to the amount of Lessor's deposit into the Escrow Account and will be due and payable as provided in the related Exhibit B commencing upon the deposit of funds by Lessor into the Escrow Account. All interest earned on an Escrow Account will be paid to City. Lessor must not underfund or overfund the Escrow Account. If City fails to purchase all Property provided for by an Escrow Account, any remaining funds will be refunded to City or applied to future Lease Payments. All funds in the 8 DAL 1814858v.3 Escrow Account shall be invested in accordance with City's Investment Policy (a written copy of which has been provided by City to Lessor) and The Texas Public Funds Investment Act. The parties hereto hereby expressly acknowledge and agree that no actions undertaken pursuant to this Section 3.6 shall be interpreted as any exercise by City of its rights to effect a prepayment of any Lease Payments pursuant to Section 5.5 of this Agreement. ARTICLE 4. TERM OF MUNICIPAL LEASE Section 4.1. Lease Term. This Agreement will be in effect commencing upon its date of execution for a period of two (2) years; provided that any Lease for a Property Group will remain in effect for a Term commencing upon its date of execution and ending as provided in Section 4.5. The City and the Lessor may renew this Agreement for up to two additional one year terms. The additional agreement period will be one year and will commence automatically unless the City or Lessor notifies the other party in writing at least ninety (90) days prior to the end of the then - current term, that it wishes not to renew the Agreement or wishes to modify the terms of this Agreement. If City terminates a Property Group or defaults, Lessor has no obligation to fund future Property Group acquisitions. Section 4.2. Termination by the City. The Lease with respect to a particular Property Group will be in effect for the Original Term and for each of the Additional Terms shown in Exhibit "B ", unless terminated prior thereto by City as provided in this Section. Not less than one hundred twenty (120) days before the end of the Original Term or any Additional Term, City may give written notice to Lessor to terminate such Lease if and only if either one (1) of the two (2) following conditions is true: (i) City fails to appropriate sufficient funding to meet City's obligations under any such Lease; or (ii) City has elected to prepay any Lease Payments related to any such Lease and has complied in all respects with the prepayment provisions of Section 5.5 (Prepayment Provision) of this Agreement. Upon termination by City because of either such event, the Lease with respect to the related Property Group will terminate and expire at the end of such Original Term or Additional Term then in effect on the date of the City's written notice of termination. The City may effect such termination by giving Lessor such written notice and by paying to Lessor any Lease Payments and other amounts due under such Lease which have not been paid at or before the end of the then current Original Term or Additional Term. In the event of termination of a Lease, the City will comply with the instructions of Lessor pursuant to Section 12.3. Section 4.3. Effect of Termination. Upon termination of a Lease with respect to the related Property Group, the City will not be responsible for the payment of any additional Lease Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession and conveyed to Lessor or released its interest in the Property Group within ten (10) days after the date of termination, the termination will nevertheless be effective, but the City will be responsible for the payment of damages equal to the amount of the Lease Payments thereafter coming due under the page of Exhibit "B" attributable to the number of days after such ten (10) day period during which the City fails to take such actions and for any other loss suffered by Lessor as a result of the City's failure to take such actions as required. Section 4.4. Termination of Lease Term. The Term of each Lease will terminate upon the occurrence of the first of the following events: 9 DAL 1814858v.3 (a) the termination thereof by the City with respect to the related Property Group in accordance with Section 4.2; (b) the exercise by the City of its option to purchase Lessor's interest in the related Property Group pursuant to Article 10.; (c) a default by the City with respect to the related Property Group and Lessor's election to terminate the Lease with respect to such Property Group pursuant to Article 10.; or (d) the payment by the City of all Lease Payments and all other amounts authorized or required to be paid by the City hereunder with respect to the related Property Group. Section 4.5. Termination of Agreement. Either Lessor or City may terminate this Agreement as to any further financings hereunder after the expiration of the initial two -year term or after the expiration of any annual extension term by giving 90 days written notice to the other as set out in Section 13.1 herein. Notwithstanding the termination, the Agreement will remain in full force and effect with respect to Leases outstanding as of the date of such termination, and such Leases may terminate only as provided in Section 4.4 herein. ARTICLE 5. LEASE PAYMENTS Section 5.1. Lease Payments. City agrees to pay Lease Payments during the Lease Term in the amounts specified in each Exhibit "B ". Lessor shall invoice City monthly with each invoice stating the Property Group Lease number (A -_J and Lease Payment for each Property Group for which payment is invoiced. Using a format agreed to by the Contract Administrator and Lessor's authorized representative, City shall make monthly payments on the first business day of the month; however, the Contract Administrator reserves the right to change the payment date for future Leases on 90 days prior written notice to Lessor. All Lease Payments must be paid to Lessor at its offices at the address specified in the first paragraph of this Lease, or to such other person(s) or entity(ies) to which Lessor has assigned such Lease Payments as specified in Article 11., at such place as such assignee may designate by written notice to the Contract Administrator. The City shall pay the Lease Payments exclusively from monies legally available therefore, in lawful money of the United States of America. Interest with respect to the Lease Payments for any Property Group accrues from the date of Lessor's payment to Contractor or, if the escrow agreement described in Section 3.6 is utilized, from the date of Lessor's deposit of funds with the escrow agent. Section 5.2. Current Expense. The obligations of the City under this Agreement, including its obligation to pay the Lease Payments due with respect to the Property, in any Fiscal Year for which this Agreement is in effect, constitutes a current expense of the City for such Fiscal Year and does not constitute an indebtedness of the City within the meaning of the constitution and laws of Texas. Nothing herein constitutes a pledge by the City of any taxes or other monies, other than monies currently appropriated from time to time by or for the benefit of the City in the annual budget of the City and the proceeds or Net Proceeds of the Property, to the payment of any Lease Payment or other amount coming due hereunder. 10 DAL 1814858v.3 Section 5.3. Interest Component. A portion of each Lease Payment is paid as and represents the payment of Interest. Exhibit "B" sets forth the Interest component of each Lease Payment. Lessor agrees that the interest component for each Property Group be established as follows: Amortization Period Applicable Interest Rate 12 months 223 basis points over 65% of 12 Month LIBOR 18 months 208 basis points over 65% of 12 Month LIBOR 24 months 205 basis points over 65% of 12 Month LIBOR 30 months 218 basis points over 65% of 2 Year Swap 36 months 222 basis points over 65% of 2 Year Swap 42 months 229 basis points over 65% of 2 Year Swap 48 months 236 basis points over 65% of 2 Year Swap 60 months 229 basis points over 65% of 3 Year Swap 72 months 234 basis points over 65% of 3 Year Swap 84 months 228 basis points over 65% of 4 Year Swap 120 months 237 basis points over 65% of 5 Year Swap The Interest Rate will be calculated on the basis of a 360 day year. Section 5.4. Lease Payments to be Unconditional. The obligation of the City to make Lease Payments or any other payments required hereunder during a Lease Term is absolute and unconditional in all events, subject to Non - appropriation. Notwithstanding any dispute between the City and Lessor or any other person, the City shall make all Lease Payments when due and shall not withhold any Lease Payment pending final resolution of such dispute nor shall the City assert any right of set -off or counterclaim against its obligation to make such Lease Payments required under this Agreement. The City's obligation to make Lease Payments during any Lease Term shall not be abated through accident or unforeseen circumstances. However, nothing herein may be construed to release Lessor from the performance of its obligations hereunder; and if Lessor fails to perform any such obligation, the City may institute such legal action against Lessor as the City may deem necessary to compel the performance of such obligations or to recover damages therefor. Section 5.5. Prepayment Provision. City shall not be entitled to prepay any Lease Payments except in accordance with Article 10 hereof and the following: City shall have the right to prepay any Lease Payments only if (i) such prepayment is in full payment of the outstanding principal balance and all accrued but unpaid interest under the relevant Lease and the premium in 11 DAL 1814858v.3 clause (iii) below, (ii) City shall provide written notice to Lessor not less than thirty (30) days prior to the date of such prepayment, and (iii) City shall pay to Lessor a prepayment premium in accordance with the following: In consideration of Lessor offering to set the Interest at a fixed rate, City agrees that if City prepays any Lease Payments, City shall pay all accrued Interest and a prepayment premium equal to the product of (x) the principal balance of the Lease Payment times (y) the Prepayment Factor times (z) the number of months remaining from the prepayment date to the termination date of the Interest rate period of the Lease Payment (with any fraction of a month counted as a month), discounted to net present value at the Discount Rate on a monthly basis. "Prepayment Factor" means A minus B divided by 12, where A = The sum of (i) the Treasury Rate for the Determination Date plus (ii) one half of one percent ('h %); and B = The Treasury Rate for the Prepayment Date. "H.15" means "Statistical Release 11.15, Selected Interest Rates" of the Board of Governors of the Federal Reserve System, or any successor publication; "Treasury Rate for the Determination Date" means, for any date, the Treasury constant maturity yield value displayed for the date in question in 11.15 for the maturity closest in length to the term of the Interest rate period of the Lease Payment; "Determination Date" means the start date of the Interest rate period of the Lease Payment; "Treasury Rate for the Prepayment Date" means, for any date, the Treasury constant maturity yield value displayed for the date in question in H.15 for the maturity closest in length to the remaining term of the Interest rate period of the Lease Payment; "Discount Rate" means the Treasury Rate for the Prepayment Date. Lessor shall deliver to City a statement setting forth the amount and manner of determining such prepayment premium, which statement shall be conclusive and binding upon City for all purposes, absent manifest error. City agrees to pay such prepayment to Lessor within three (3) calendar days after receipt of such statement. If no Treasury Rate is displayed in H.15 for the Determination Date or the Prepayment Date, Lessor shall use the Treasury Rate for the next preceding date for which it is displayed. If, in the case of any prepayment, Lessor determines B in the Prepayment Factor to equal or exceed A, then no prepayment premium shall be due. Failure by Lessor to collect or demand such a premium at the time of a prepayment shall not be deemed a waiver of Lessor's right to such premium or to any future premium.. Section 5.6. No Other Fees. The City will pay Lessor no other fees than the Interest and Principal, any prepayment premium, late charges and other amounts as specifically provided in this Agreement. Section 5.7. Appropriations. (a) City, by entering into this Agreement, acknowledges its current intention to make all payments due under this Agreement during its current Fiscal Year on the dates such payments are then due, but does not commit to a legal or other obligation to make other payments due under this Agreement or to incur any liability or debt beyond the revenue and income provided during its then current Fiscal Year. The liability and obligations of 12 DAL 1814858v.3 City during each Fiscal Year and remedies of Lessor will be limited to recovery only of funds appropriated for payments for such Fiscal Year. (b) City agrees (i) that the governing body of City shall, for each ensuing Fiscal Year in which the payments are scheduled to be made, to the extent funds have been appropriated for such Fiscal Year, make all such payments as and when due; and (ii) that if sufficient funds are appropriated and budgeted for the next Fiscal Year for the sale and lease of the Property, then the relevant Lease and Lease Payments will continue during such Fiscal Year. Section 5.8. Funding Intent. City reasonably believes that sufficient funds can be obtained to make all installment payments and other payments during the term. of this Agreement. City affirms that funds to pay installment payments and other payments under this Agreement are available for City's current Fiscal Year. City and Lessor agree that City's obligation to make installment payments under this Agreement will be City's current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing contained in this Agreement will be interpreted as a pledge of City's general tax revenues, funds or moneys. ARTICLE 6. ACTIONS ARISING OUT OF PROPERTY USE: DAMAGE OR DESTRUCTION OF PROPERTY; INSURANCE Section 6.1. To the extent permitted by State law, the City agrees to indemnify, protect, save, and keep harmless Lessor or any assignee or transferee of Lessor and their respective agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs, and expenses (including reasonable attorney's fees) of whatsoever kind or nature, imposed on, incurred by, or asserted against Lessor that in any way relate to or arise out of the Property, or any part thereof, including, without limitation, the construction, purchase, delivery, installation, ownership, leasing or return of the Property as a result of the use, maintenance, repair, replacement, operation or condition thereof (whether defects are latent or discoverable by Lessor or by the City), except such as may result from the negligence or willful misconduct of Lessor or any assignee or transferee of Lessor or any of their respective agents and servants. This indemnification will be effective from the date the first Property Group is leased by the City and shall survive the termination of this Agreement. City agrees to give Lessor prompt written notice of any claim or liability hereby indemnified against. The City shall not be required to pay any federal, state, or Local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Lessor, its successors or assigns. Section 6.2. Damage to or Destruction of Property. If after delivery of any Property to the City, such Property is lost, stolen, destroyed, or damaged beyond repair, the City shall as soon as practicable after such event either: (i) replace the same at the City's sole cost and expense with Property of equal or greater value to the Property immediately prior to the time of the loss occurrence, such replacement Property to be subject to Lessor's reasonable approval, whereupon the replacement will be substituted in this Lease by appropriate endorsement; or (ii) pay the applicable Purchase Option Price of the Property. 13 DAL 1814858v.3 The City shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence and shall complete the action within six (6) months of the loss occurrence, provided if City is not in default hereunder and has not terminated any Lease under Section 4.2, Lessor may agree to extension of the time for performance under clause (i) if the City provides evidence that the replacement Property has been ordered. If the City fails or refuses to notify Lessor within the required period, Lessor may declare the Purchase Option Price applicable to the Property immediately due and payable by the City. The Net Proceeds of all insurance payable with respect to the Property will be used to discharge the City's obligation under this Section. On payment of the Purchase Option Price, this Lease will no longer apply to the Property and the City thereupon becomes entitled to the Property AS IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY, except that the Property must not be subject to any lien or encumbrance created by or arising through Lessor. The parties hereto mutually agree that, only as to Property of a nominal value, should such property be destroyed, upon the mutual written agreement between City and Lessor, the Lease of such Property may be continued and City may continue to make the relevant Lease Payments as set forth in Exhibit B hereto. Section 6.3. Insurance. With respect to all Property subject to any Leases, at all times City shall use its best efforts to provide an actuarially sound self - insurance liability program with limits which are established by the Texas Tort Claims Act. Upon prior written request by Lessor, City will deliver to Lessor evidence satisfactory to Lessor showing the existence of such insurance, including, without limitation and as applicable, a letter confirming its self - insurance status. The City will also provide commercial property /casualty coverage and deliver, upon request, proof of insurance. If City fails to maintain such insurance, Lessor may obtain such insurance as Lessor deems necessary, and City will reimburse Lessor for all premiums therefor, together with interest at the maximum rate permitted pursuant to Chapter 1204, Government Code, as amended, or other applicable law then in effect. ARTICLE 7. OTHER OBLIGATIONS OF THE CITY Section 7.1. Use; Permits. The City shall obtain all permits and licenses necessary for the installation, operation, possession, and use of the Property. The City shall comply with all state and federal laws applicable to the installation, use, possession, and operation of the Property, and if compliance with any such state and federal law requires changes or additions to be made to the Property, such changes or additions shall be made by the City at its expense. City agrees that if City is required to deliver any item of Property to Lessor or Lessor's agent, the Property shall be free of all substances which are regulated by or form a basis for liability under any environmental law. City shall comply with all license and copyright requirements of any software used in connection with the Property. Section 7.2. Maintenance of Property by the City. The City shall maintain, preserve, and keep the Property in good repair, working order, and condition, and shall make all repairs and replacements necessary to keep the Property in such condition. 14 DAL 1814858v.3 Section 7.3. Taxes, Other Governmental Charges and Utility Charges. Except as expressly limited by this Section, the City shall pay all charges of any kind which are at any time lawfully assessed or levied against the City with respect to the Property, the Lease Payments or any part thereof, which become due during each Lease Term. The Property which is the subject of this Agreement is, and shall be during all Lease Terms, owned and held only for public purposes and devoted exclusively to the use and benefit of the public and, as such, is exempt from ad valorem property tax. If Lessor receives any notice of taxes due with respect to any Property, it shall not pay such taxes but will promptly forward such notice to the Contract Administrator. The City shall also pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges lawfully assessed or levied against the City incurred in the operation, maintenance, use, occupancy, and upkeep of the Property, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Property; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the relevant Lease Term as and when the same become due. The City may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility, and other charges and, in the event of any such contest, may permit the taxes, assessments, utility, or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Independent Counsel, the basis for which must be expressly detailed in the opinion, by nonpayment of any such items the interest of Lessor in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments, utility or other charges or provide Lessor with full security against any loss which may result from nonpayment, in a form satisfactory to Lessor. The Property acquired pursuant to this Agreement is under the sole possession and exclusive use of the City as part of the City's governmental services in furtherance of its public purpose. The City does not make any representation, implied or otherwise, regarding the exemption or taxability of the Property for purposes of ad valorem and personal property taxation. All UCC statements, financing statements, or instruments filed of record to reflect Lessor's interest in the Property must state that: All property made subject of this UCC filing are owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and are used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation, or any other charges. Section 7.4. Advances. If the City fails to perform any of its obligations under this Article, Lessor may, but is not obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and the City is obligated to repay all such advances 15 DAL 1814858v.3 on demand, with interest at the rate of the existing loan or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE 8. TITLE Section 8.1. Title. During each Lease Term, and so long as the City is not in default under Article 12., legal title to the Property and any and all repairs, replacements, substitutions, and modifications to the Property will be in the City. Upon termination of a Lease under Section 4.2 or after default of the City, full and unencumbered legal title to such Property Group passes to Lessor, and the City shall have no further interest therein. In either of such events, the City shall execute and deliver to Lessor such documents as Lessor may reasonably request to evidence the passage of legal title to such Property Group to Lessor and the termination of the City's interest therein, and upon request by Lessor, City will deliver possession of the Property Group to Lessor in accordance with Section 12.3. Upon termination of a Lease with respect to any Property Group through exercise of the City's option to purchase pursuant to Article 10. or through payment by the City of all Lease Payments and other amounts relating thereto, Lessor's security and all other interest in such Property Group terminates, and Lessor shall execute and deliver to the City such documents as the Contract Administrator may reasonably request to evidence the termination of Lessor's security or other interest in such Property Group. Section 8.2. Security Interest. Lessor has and retains a security interest, under the Uniform Commercial Code, in the Property, the proceeds thereof and all repairs, replacements, substitutions, and modifications thereto or thereof made pursuant to Section 8.5, in order to secure the City's payment of all Lease Payments due during each Lease Term and the performance of all other obligations herein to be performed by the City. In the event such Property is a motor vehicle, Lessor may require the state of registration to note Lessor's security interest on its records and the Certificate of Title for the vehicle. The City, acting through its Contract Administrator, will join with Lessor in executing such financing statements or other documents and will perform such acts as Lessor may request to establish and maintain a valid security interest in the Property. All UCC statements must indicate that title to a Property Group is in the City and exempt from ad valorem taxation as public property used for a public purpose under the constitution and laws of the State of Texas and contain the bold language of the indented paragraph in Section 7.3. If requested by Lessor, the City shall conspicuously mark the Property with lettering, labels, or tags as are reasonably approved by the City Manager, and maintain such markings during each Lease Term, so as clearly to disclose Lessor's security interest in the Property. If Lessor requires the Certificate of Title to note Lessor's security interest in a Property, upon payment in full by City of all Lease Payments and other related amounts, Lessor must give City a written release of Lessor's security interest so that the Certificate of Title may be reissued in the name of City without any security interest. Section 8.3. Liens. During each Lease Term, the City shall not, directly or indirectly, create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to the Property, other than the respective rights of Lessor and the City as herein provided and Permitted Encumbrances. All Property is exempt from local ad valorem taxation as property owned by a political subdivision and used for public purposes. Lessor shall not pay or incur any charge, assessment, or tax on any Property Group for which the City can claim an exemption from such charges as property used by a political subdivision of the State of 16 DAL 1814858v.3 Texas for public purposes as provided by the constitution and laws of the State of Texas. Except as expressly provided in Section 7.3 and this Article, the City shall promptly, at its own expense, take such action as may be necessary to discharge or remove any such mortgage, pledge, lien, charge, encumbrance, or claim if the same arise at any time. Section 8.4. Installation of the City's Property. The City may at any time in its sole discretion and at its own expense, install other items of equipment in or upon the Property, which items must be identified by tags or other symbols affixed thereto as property of the City. All such items so identified remain the sole property of the City, in which Lessor has no interest, and may be modified or removed by the City provided that the City must repair and restore any damage to the Property resulting from the installation, modification, or removal of any such items. Nothing in this Lease prevents the City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase contract, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest attaches to any part of the Property. Section 8.5. Modification of Property. The City shall, at its own expense, have the right to make repairs, replacements, substitutions, and modifications to all or any of the parts of the Property. All such work and any part or component used or installed to make a repair or as a replacement, substitution, or modification, will thereafter comprise part of the Property and be subject to the provisions of this Agreement. Such work must not in any way damage the Property or cause it to be used for purposes other than those authorized under the provisions of state and federal law or contemplated by this Agreement; and the Property, upon completion of any such work must be of a value which is not less than the value of the Property immediately prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not permit any mechanic's or other lien to be established or remain against the Property for labor or materials furnished in connection with any repair, replacement, substitution, or modification made by the City pursuant to this Section; provided that if any such lien is established and the City shall first notify Lessor in writing of the City's intention to do so, the City may in good faith contest any lien filed or established against the Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Independent Counsel, the basis for which must be expressly detailed in the opinion, by nonpayment of any such item the interest of Lessor in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City will promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with the City in any such contest, upon the request and at the expense of the City. Section 8.6. Personal Property. The Property is and at all times remains personal property notwithstanding that the Property or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building. 17 DAL 1814858v.3 ARTICLE 9. WARRANTIES Section 9.1. Selection of Property. The Property and the Contractor have been selected by the City, and Lessor will have no responsibility in connection with the selection of the Property, its suitability for the use intended by the City, the acceptance by the Contractor of the order submitted, or any delay or failure by the Contractor to manufacture, deliver, or install the Property for use by the City. Upon acceptance of the Property, the City will add the serial number of the Property to Exhibit "A ". Section 9.2. Installation and Maintenance of Property. Lessor shall have no obligation to install, erect, test, inspect, service, or maintain the Property under any circumstances, but such actions are the obligation of the City or the Contractor. Section 9.3. Contractor's Warranties. Lessor hereby assigns to the City for and during each Lease Term, all of its interest in all Contractor's warranties and guarantees, express or implied, issued on or applicable to the Property, and Lessor hereby authorizes the City to obtain the customary services furnished in connection with such warranties and guarantees at the City's expense. Section 9.4. Patent Infringement. Lessor hereby assigns to the City for and during each Lease Term all of its interest in patent indemnity protection provided by a Contractor with respect to the Property. Such assignment of patent indemnity protection by Lessor to the City constitutes the entire liability of Lessor for any patent infringement by Property furnished pursuant to this Lease. Section 9.5. Disclaimer of Warranties. THE PROPERTY IS DELIVERED AS IS, WHERE IS, AND LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY EXCEPT AS SET FORTH IN THIS AGREEMENT. ARTICLE 10. OPTION TO PURCHASE Section 10.1. When Available. The City has the option to purchase Lessor's interest in any Property Group on any Payment Date relating thereto for the then applicable Purchase Option Price relating thereto, but only if the City is not in default under this Agreement, and only in the manner provided in this Article. Section 10.2. Exercise of Option. The City will give written notice to Lessor of its intention to exercise its option with respect to any Property Group not less than thirty (30) days prior to the Payment Date on which the option is to be exercised and will deposit with Lessor on the date of exercise an amount equal to all Lease Payments and any other amounts relating to such Property Group then due or past due (including the Lease Payment relating thereto due on the Payment Date on which the option is to be exercised) and the applicable Purchase Option Price relating thereto. The closing will be on the Payment Date on which the option is to be exercised. 18 DAL 1814858v.3 Section 10.3. Release of Lessor's Interest. Upon execution of the purchase option with respect to any Property Group by the City, Lessor will convey or release to the City, all of its right, title, and/or interest in and to the Property Group by delivering to the Contract Administrator such documents as the City Attorney deems necessary for this purpose. ARTICLE 11. ASSIGNMENT, SUBLEASING, MORTGAGING, AND SELLING Section 11.1. Assignment of Lessor. All of Lessor's right, title, and/or interest in and to any Property Group, the Lease Payments and other amounts relating thereto due hereunder, and the right to exercise all rights under this Agreement relating to such Property Group may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor at any time, only with the prior written consent of the City Manager, unless the Lessor continues to bill and service the Lease. No such assignment will be effective as against the City unless and until the assignor has filed with the City a copy of written notice thereof identifying the assignee. The City will pay all Lease Payments due hereunder relating to such Property Groups to or at the direction of Lessor or the assigned named in the most recent assignment or notice of assignment with respect to such Property Group filed with the Contract Administrator. During each Lease Term, both Lessor and City will keep a complete and accurate record of all such assignments. In the event Lessor assigns participants in its right, title, and/or interest in and to any Property Group, the Lease Payments and other amounts due with respect thereto, and the rights granted under this Agreement relating thereto, such participants will be considered to be Lessor with respect to their participated shares thereof. Lessor may assign its rights under a Lease to an affiliate without notice to the City provided the Lessor continues to bill and collect Lease Payments and the Lessor agrees to keep a record of the assignments for purposes of Section 149(a) of the Internal Revenue Code. Section 11.2 Assignment and Subleasing by the City. Neither this Agreement nor the City's interest in the Property may be assigned by the City without the written consent of Lessor. However, the Property may be subleased by the City, in whole or in part, with the prior written consent of Lessor, subject to each of the following conditions: (i) Each Lease and the obligation of the City to make Lease Payments hereunder, remain the sole obligations of the City. (ii) The sublessee assumes the obligations of the City hereunder to the extent of the interest subleased. (iii) The City shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to Lessor a true and complete copy of such sublease. (iv) No sublease by the City causes the Property to be used for a purpose other than an essential governmental function devoted exclusively to public use authorized under the provisions of the constitution and laws of Texas. (v) No sublease causes the Interest component of the Lease Payments due with respect to the Property to become included in the gross income of the recipient for federal income tax purposes. 19 DAL 1814858v.3 Section 11.3. Restriction on Mortgage or Sale of Property by the City. Except as provided in Section 11.2, the City shall not mortgage, sell, assign, transfer, or convey the Property or any portion thereof during the Term of this Agreement, or remove the same from its boundaries, without the written consent of Lessor provided that the City may designate the location of the Property outside the City boundaries in the Certificate of Acceptance. ARTICLE 12. EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The following will be "events of default" under this Agreement with respect to any Property Group and the terms "events of default" and "default" mean, whenever they are used in this Agreement, with respect to any Property Group, any one or more of the following events: (i) Failure by the City to pay a Lease Payment or other payment required to be paid under any Lease with respect to any Property Group at the time specified herein and the continuation of said failure for a period of five (5) days after telex, facsimile, or telegraphic notice given by Lessor that the payment referred to in such notice has not been received, such telex, facsimile or telegraphic notice to be subsequently confirmed in writing. (ii) Failure by the City to observe and perform any covenant, condition, or agreement on its part to be observed or performed with respect to any Property Group, other than as referred to in Clause (i) of this Section, for a period of thirty (30) days after written notice specifying such failure. Such notice to the City by the Lessor must request that the default be remedied, unless Lessor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default is corrected. (iii) The filing by the City of a voluntary petition in bankruptcy, or failure by the City promptly to lift any execution, garnishment, or attachment of such consequence as would impair the ability of the City to carry on its governmental function or adjudication of the City as a bankrupt, or assignment by the City for the benefit of creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceedings instituted under the provisions of the United States Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted. (iv) Only for default with respect to City's bonds, other public securities, or other debt owed to banks or other financial institutions (collectively, "Debt ") which remains uncured in accordance with its terms, City defaults under any Debt or any other material agreement relating to Debt to which City is a party with third parties, resulting in a right by such third parties to accelerate the maturity of City's Debt, and such default materially impairs City's ability to pay it obligations to Lessor under this Agreement. The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force majeure the City is unable in whole or in part to carry out its obligations under any Lease with respect to any Property Group, other than its obligation to 20 DAL 1814858v.3 pay Lease Payments with respect thereto which must be paid when due notwithstanding the provisions of this paragraph, the City will not be deemed in default during the continuance of such inability. The term "force majeure" as used herein means, without limitation, the following: acts of God, strikes, lockouts, or other labor disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the State or their respective departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other causes or events not reasonably within the control of the City and not resulting from its negligence. The City agrees, however, to remedy with all reasonable dispatch the cause or causes preventing the City from carrying out its obligations under this Lease; provided that the settlement of strikes, lockouts, and other labor disturbances are entirely within the discretion of the City Manager and the City Manager is not required to make settlement of strikes, lockouts, and other labor disturbances by acceding to the demands of the opposing party or parties when such course is in the judgment of the City Manager unfavorable to the City. Section 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof has happened and is continuing with respect to any Property Group, Lessor may, at its option and without any further demand or notice, take one or any combination of the following remedial steps: (i) Lessor may terminate the Lease with respect to such Property Group and declare all Lease Payments due thereunder with respect to such Property Group during the Fiscal Year in effect. (ii) Lessor may terminate the Lease with respect to such Property Group and repossess the Property Group wherever it is located; Lessor may enter upon the City's premises where the Property Group is kept and take possession of the Property Group. Notwithstanding the fact that Lessor has taken possession of the Property Group, the City must pay for the Lease Payments due with respect thereto during the Fiscal Year then in effect. (iii) Lessor may require City to deliver the Property to a location designated by Lessor. (iv) Lessor may proceed by court action to enforce performance by City of any terms of this Agreement and /or to recover all damages and expenses incurred by Lessor by reason of any "event of default." (v) Lessor may exercise any other right or remedy available to Lessor at law or in equity. (vi) If Lessor terminates the Lease with respect to a Property Group and takes possession of such Property contained therein, Lessor, within sixty (60) days thereafter, must use its commercially reasonable efforts to sell such Property or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable state laws. Lessor must apply the proceeds of such sale to pay the following items in the following order: (a) all costs incurred in securing possession of the Property Group; (b) all expenses incurred in 21 DAL 1814858v.3 completing the sale; (c) the balance of any Lease Payments with respect to such Property Group owed by the City during the Fiscal Year then in effect; and (d) the applicable Purchase Option Price with respect to the Property Group due at the end of the Fiscal Year. Any sale proceeds remaining after disbursement pursuant to Clauses (a), (b), (c), and (d) must be paid to the City. Section 12.3. Return of Property. Upon the expiration or termination by the City of a Lease with respect to any Property Group prior to the payment of all Lease Payments in accordance with the related Exhibit "B," the City must transfer title to the Property Group to Lessor if Lessor so instructs in writing and return such Property Group to Lessor in the condition, repair, appearance, and working order required in Section 7.2, in the following manner as may be specified by Lessor: (i) by delivering the Property Group at the City's cost and expense to such place within Texas as Lessor specifies; or (ii) by loading such portions of the Property Group as are considered movable at the City's cost and expense, on board such carrier as Lessor specifies and shipping the same, insurance freight prepaid, to the place within Texas specified by Lessor. If the City refuses to return the Property Group in the manner designated, Lessor may repossess the Property Group and charge to the City the costs of such repossession or pursue any remedy described in Section 12.2. Section 12.4. No Remedy Exclusive. No remedy conferred upon or reserved to Lessor by this Article is intended to be exclusive and every such remedy is cumulative and in addition to every other remedy at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or be construed as a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Lessor or its assignee. To the extent permitted by applicable law, City waives any requirements of law, now or hereafter in effect, that might limit or modify Lessor's remedies. Section 12.5. Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Agreement defaults under any of the provisions hereof and the non - defaulting party employs attorneys and /or incurs other expenses for the collection of monies or for the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the parties agree that attorneys' fees and expenses will be paid as authorized by law. Section 12.6. Late Charge. Whenever any event of default referred to in Section 12.1, Clause (i) hereof has happened and is continuing with respect to any Property Group, Lessor has the right, at its option and without any further demand or notice, to require a late payment charge for each thirty (30) day period or part thereof during which such event of default occurs equal to existing interest rate of the delinquent amount not to exceed the maximum authorized by law and the City will be obligated to pay the same immediately upon receipt of Lessor's written invoice therefor; provided, however, that this Section 12.6 will not be applicable if or to the extent that the application thereof would affect the validity of this Agreement. 22 DAL 1814858v.3 ARTICLE 13. ADMINISTRATIVE PROVISIONS Section 13.1. Notices. All notices, certificates, legal opinions, or other communications hereunder will be sufficiently given and will be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid to the addresses specified in this Lease; provided that Lessor and the City, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions, or other communications will be sent. Unless otherwise changed by written notice, all notices required under this Lease must be directed to the following addresses: CITY: Director of Financial Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Phone (361) 826 -3604 Fax (361) 826 -3601 LESSOR: Vice President The Frost National Bank c/o Frost Leasing 100 West Houston Street San Antonio, Texas 78205 Phone (210) 220 -6850 Fax (210) 220 -6765 Daily communications between Contract Administrator and Lessor will be primarily documented by written notices sent by facsimile. For daily, routine communications facsimile notice is adequate. For formal notice required by any Article or Section of this Agreement facsimile notice, if any, must be followed by United States certified mail notice. Section 13.2. Financial Information. During the Term of this Agreement, the Contract Administrator annually will provide Lessor with current financial statements, budgets, proof of appropriation of the ensuing Fiscal Year and such other financial information relating to the ability of the City to continue this Agreement as may be reasonably requested by Lessor or its assignee within 30 days of written request therefor. Section 13.3. Binding Effect. This Agreement inures to the benefit of and will be binding upon Lessor and the City and their respective successors and assigns. This Agreement must not be construed to confer any rights, duties, or interest on any party not a successor in interest or assignee of Lessor or the City nor may any such party rely on this Agreement as evidence of any duty, right, or obligation of Lessor or the City unless both the Lessor and the City, or their successors and assigns, acknowledge such duty, right, or obligation in writing, directly addressed to such third party. Section 13.4. Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Exhibit A, in no event does this Agreement or any Lease hereunder require the payment or permit the collection of Interest or fees in excess of the maximum amount permitted by applicable law. Any such excess interest or fees must first be applied to reduce Principal, and when no Principal remains, refunded to City. In determining whether the interest paid or payable exceeds the highest lawful rate, the total amount of interest must be spread through the applicable Lease Term so that the Interest is uniform through such term. 23 DAL 1814858v.3 Section 13.5. Amendments, Changes, and Modifications. This Agreement may be amended or any of its terms modified only by written agreement in a document executed, and delivered by duly authorized representatives of both the Lessor and the City. Section 13.6. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions, Articles, Sections, or Clauses of this Agreement. Section 13.7. Further Assurances and Corrective Instruments. Lessor and the City agree that they will, from time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. The Contract Administrator is hereby authorized by the City Manager to execute such addenda as attached hereto as Exhibits for each Property Group and such other instruments, including, but not limited to, UCC statements, Bill of Sales, etc. that are necessary to carry out the responsibilities, duties, and obligations required of the City in accordance with the terms and conditions of this Agreement. Section 13.8. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which constitute an original and all of which constitute but one and the same instrument. Section 13.9. Applicable Law. This Agreement must be governed by and construed in accordance with the laws of Texas. Section 13.10. Entire Agreement. This Agreement, and all addenda and exhibits, as may hereafter be executed, constitute the entire agreement between the parties and supersede all previous negotiations, commitments, and contracts. Section 13.11. Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding does not invalidate or render unenforceable any other provision hereof. To the extent any term herein creates a pecuniary obligation which constitutes a "debt" not payable under current revenues under Sections 5 and 7 of Article II of the Texas Constitution, such provision will be applied only to the extent performance or assumption of such obligation by the City is enforceable and valid under the constitution and laws of Texas. Section 13.12 Survival. All representations, warranties, covenants and agreements made by City pursuant to this Agreement shall survive the termination of this Agreement. Section 13.13 No "Net Effective Interest Rate ". Notwithstanding anything contained in this Agreement to the contrary, in no event shall interest contracted for, charged or received hereunder, plus any other charges in connection herewith that constitute interest on this Agreement under applicable law, result in a "net effective interest rate" as defined in Section 271.003(6) of the Local Government Code, as amended, in excess of the net effective rate at which public securities may be issued in accordance with Chapter 1204, Government Code, as amended. The amounts of such interest or other charges previously paid to Lessor in excess of 24 DAL 1814858v.3 the amounts permitted by the preceding sentence shall be applied by Lessor to reduce the principal of the indebtedness incurred by City pursuant to this Agreement, or, at the option of Lessor, be refunded. To the extent permitted by Chapter 1204, Government Code, as amended, or other applicable law then in effect, determination of the maximum net effective interest rate shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of this Agreement and such indebtedness, all interest at any time contracted for, charged or received from City hereof in connection with the indebtedness evidenced hereby, so that the actual rate of interest on such indebtedness is uniform throughout the term hereof. Interest on the unpaid amounts under this Agreement shall be computed as simple interest. 25 DAL 1814858v.3 IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer; and the City has caused this Agreement to be executed in its name by its City Manager, or his designee, effective for all purposes as of CITY OF CORPUS CHRISTI `Angel R. Escobar Interim City Manager LEGAL FORM APPROVED ON MARY KAY FISCHER, CITY ATTORNEY By: Lisa Aguilar, Assistant City Attorney LESSOR: Tit 4061- 4)44;44 34-0, & By: � Printed Name: 6c,rff A JRfsah Title: t%ire ea,Ar APPROVED AS TO FORM THIS DAY OF , LESSOR'S ATTORNEY By: Printed name: Title: 26 DAL 1814858x.3 Exhibit "A PROPERTY DESCRIPTION The following Property comprises a Property Group which is subject to the terms and conditions of that certain Master Lease Purchase Agreement entered into by and between the City of Corpus Christi and (Lessor) dated the day of , 20 Quantity Description Serial Number All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation, or any other charges. LESSOR By: Name: Title: CITY OF CORPUS CHRISTI Cindy O'Brien Director of Financial Services 27 DAL 1814858v.3 LEGAL FORM APPROVED ON , 20 MARY KAY FISCHER, CITY ATTORNEY By: Lisa Aguilar Assistant City Attorney 28 DAL 1814858v.3 Exhibit "B SCHEDULE OF LEASE PAYMENTS RELATING TO PROPERTY The following schedule of Lease Payments constitutes the applicable payments for the Property Group described on Exhibit "A " attached to that certain Master Lease Purchase Agreement entered by and between the City of Corpus Christi and (Lessor) dated the day of , 20 Purchase Due Payment Total Principal Interest Date Number Payment Component Component All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation, or any other charges. LESSOR: CITY OF CORPUS CHRISTI By: Name: Title: LEGAL FORM APPROVED ON MARY KAY FISCHER, CITY ATTORNEY By: Lisa Aguilar, Assistant City Attorney DAL 1814858v.3 29 Cindy O'Brien Director of Financial Services Exhibit "C" CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby certify that I am the duly qualified and acting of the City of Corpus Christi, (the City), and, with respect to the Master Lease Purchase Agreement dated , , (the Agreement), by and between Lessor and the City that: 1. The Property listed on Exhibit "A" (the Property Group) has been delivered and installed in accordance with the City's Specifications (as that term is defined in the Agreement) and has been fully tested and finally accepted by the City. The serial vehicle identification number(s) of the Property Group is /are listed on Exhibit "A- 2. The Lease Payments provided for on the page of Exhibit "B " relating to such Property Group (the Lease Payments) shall commence monthly beginning , and be due and payable on the first business day of each month thereafter. 3. The City has appropriated and/or taken other lawful actions necessary to provide monies sufficient to pay all Lease Payments required to be paid under the Lease during the current fiscal year of Lessee, and such monies will be applied in payment of all such Lease Payments due and payable during such current fiscal year. 4. During the Lease Term (as defined in the Lease) the Property Group will be used by the City to perform essential governmental functions devoted exclusively to public use. Such functions are: 5. The City has not terminated any Lease under Section 4.2 of the Agreement and no Event by Default has occurred thereunder. 6. There is no litigation, action, suit, or proceeding pending before any court, administrative agency, arbitrator, or governmental body, that challenges the organization or existence of the City; the authority of the City or its officers or its employees to enter into the Lease; the proper authorization, approval, and execution of the Lease and other documents contemplated thereby; the appropriation of monies, or any other action taken by the City to provide monies, sufficient to make lease Payments coming due under the Lease in the City's current fiscal year; or the ability of the City otherwise to perform its obligations under the Lease and the transaction contemplated thereby. 30 DAL 1814858v.3 CITY OF CORPUS CHRISTI Cindy O'Brien, Director of Financial Services LEGAL FORM APPROVED ON MARY KAY FISHER, CITY ATTORNEY By: Lisa Aguilar, Assistant City Attorney Acknowledged by , Lessor, this day of By: Authorized Agent 31 DAL 1814858v.3 Exhibit "D" OPINION OF COUNSEL Re: Master Lease Purchase Agreement dated as of the day of , by and between the City of Corpus Christi ( "City") and , (Lessor). Dear Sir or Madam: I have acted as counsel to the City with respect to the Master Lease Purchase Agreement described above (the Agreement) and various related matters, and in this capacity have reviewed a duplicate original or certified copy of the Agreement and the Exhibits attached thereto. Based upon the examination of these and such other documents as I deem relevant, it is my opinion that: 1. The City is a municipal corporation and political subdivision of the State of Texas, duly organized, existing, and operating under the Constitution and laws of the State of Texas. 2. The City is authorized and has power under applicable law to enter into the Agreement, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Agreement has been duly authorized, approved, executed, and delivered by and on behalf of the City, and is a valid and binding contract of the City enforceable in accordance with its terms, except to the extent limited by state and federal laws affecting remedies and by bankruptcy, reorganization, or other laws of general application relating to or affecting the enforcement of creditor's rights. 4. The authorization, approval, and execution of the Agreement and all other proceedings of the City relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public bidding, and all other laws, rules, and regulations of the State of Texas. 5. The execution of the Agreement and the appropriation of monies to pay the Lease Payments coming due thereunder do not result in the violation of any constitutional, statutory, or other limitation relating to the manner, form, or amount of indebtedness which may be incurred by the City. 6. There is no litigation, action, suit, or proceeding pending before any court, administrative agency, arbitrator, or governmental body, that challenges the organization or existence of the City; the authority of the City or its officers or its employees to enter into the Agreement; the proper authorization, approval and/or execution of the Agreement, Exhibits 32 DAL 1814858v.3 thereto and other documents contemplated thereby; the appropriation of monies to make Lease Payments under each Lease for the current fiscal year of the City; or the ability of the City otherwise to perform its obligations under the Agreement and the transactions contemplated thereby. 7. The Agreement was duly and validly adopted by official action of the governing body of the City of Corpus Christi on this the day of , and such official action has not been amended or repealed and remains in full force and effect. Dated: By: Lisa Aguilar Assistant City Attorney City of Corpus Christi 33 DAL 1814858v.3 EXHIBIT E Standard Form LLC LLC NO. BI NO. LEASE LINE OF CREDIT REQUISITION AND RECEIVING REPORT City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 CITY CONTACT: CONTACT TELEPHONE: (361) 826 -3651 FAX (361) 826 -3601 BUDGETED EQUIPMENT COST: FINANCING TERM: 36 mo _, 42 mo , 48 mo , 60 mo , 84 mo _, 120 mo , Other (specify) TOTAL APPROXIMATE COST: $ IS THE FIRST YEAR PAYMENT APPROPRIATED? Yes _ No (explain) PHONE NO: DATE: ACTIVITY NAME: ACCOUNT/FUND /ORG: DEPARTMENT CONTACT: DEPARTMENT APPROVAL: Acknowledged by Lessor: Signature Name: (Please Print/Type) DAL 1814858v.3 34 EQUIPMENT: Complete One Form Per Line Item and Attach Specification. Describe equipment (non - technical description) including quantity to be ordered. ESSENTIAL USE: ❑ Check if the proposed equipment is replacement. State the age of the equipment being replaced, why, the proposed equipment is needed, and its estimated useful life. ❑ Check if the proposed equipment is additional. State why the equipment is needed and the estimated useful life. 35 DAL 1814858v.3 Exhibit F Proposed Lease Purchases Section I Approved Equipment Awaiting Delivery Department Qty. Description Term (Mos.) New/ Replacement Outstanding Principal 08/19/08 Fire 1 Ambulance 60 New $101,429 Fire 1 Ambulance 60 Replacement 101,429 Fire 1 Fire Pumper Truck 60 New 399,973 Fire 1 Fire Pumper Truck 60 Replacement 399,973 Subtotal $1,002,804 Section II Proposed/Budgeted Equipment Purchases Solid Waste 2 Side Loading Refuse Truck ($230,000 ea.) 60 Replacement $460,000 Solid Waste 3 Brush Truck ($81,000 ea.) 60 Replacement 243,000 Solid Waste 2 Rear Steer Brush Loader ($121,000 ea.) 60 Replacement 242,000 Solid Waste 2 Rear Loading Refuse Truck ($186,000 ea.) 60 Replacement 372,000 Solid Waste 1 Haul Truelc/Tractor 60 Replacement 135,000 Solid Waste 5000 95- GallonRefuse Containers 60 Replacement 282,790 Street Services 2 12 yd. Dump Truck ($87,000 ea.) 60 Replacement 174,000 Street Services 2 5 yd. Dump Truck ($70,000 ea.) 60 Replacement 140,000 Street Services 1 Motor Grader 60 Replacement 175,000 Street Services 1 Roller 60 Replacement 110,000 Street Services 2 Pneumatic Roller ($ 65,000 ea.) 60 Replacement 130,000 Street Services 1 Flatbed Cone Truck 60 Replacement 70,000 Street Services 3 PU Truck ($ 18,000 ea.) 60 Replacement 54,000 Street Services 2 Flatbed Truck ($70,000 ea.) 60 Replacement 140,000 Water 2 Crew Truck ($75,000 ea.) 60 Replacement 150,000 Water 1 Front End Loader 60 Replacement 140,000 Water 2 Backhoe ($90,000 ea.) 60 Replacement 180,000 36 DAI, 1814858v.3 Section II (cont.) Water Proposed/Budgeted Equipment Purchases 3 Water 2 12 yd Dump Truck ($80,000 ea.) 7 yd Dump Truck ($65,000 ea.) 60 Replacement 240,000 60 Replacement 130,000 Water 3 Mini Excavator ($40,000 ea.) 60 Replacement 120,000 Water 1 Valve Truck 60 Replacement 80,000 Subtotal $3,767,790 Grand Total $4,770,594 37 DAI. 181485/W.3 Requested Council Action: 11/18/08 Alternate Council Date: 12/09/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease /purchase of one (1) Peterbilt truck tractor from Rush Truck Centers of Texas, LP, Houston, Texas for a total amount of $152,833. The award is based on the cooperative purchasing agreement with the Texas Local Govemment Purchasing Cooperative (TLGPC). The truck tractor is an addition to the fleet and will be used by Solid Waste Services. Financing for the truck tractor will be provided through the City's lease /purchase financing program. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award: Price Comparison: Funding: 4 I\ 1 Michae Barrera / Assistant Director of Financial Services The truck tractor will be used by Solid Waste Services as a back up to the current fleet of five (5) truck tractors used in the Transfer Station and Brush Divisions. The truck tractor will be purchased through the cooperative purchasing agreements with HGAC and TLGPC. HGAC and TLGPC act as purchasing agents for participating members through the Inter -local Cooperation Act and abide by all Texas statutes regarding competitive bidding requirements. The City purchased a similar truck tractor for the Solid Waste Department in FY 07 -08 with a unit price of $129,011. The current unit price is $152,833. The price difference is partially due to a reconfiguration of the truck brakes, engine and transmission. Truck Tractor — Lease Purchase Solid Waste Services 1020- 12511 - 530190 FY08 -09 (5 months) $14,201.20 Capital Outlay Item No. 20 The truck tractor will be funded through the City's lease - purchase financing agreement for a sixty-month period. The estimated interest rate is 4.373 %. The actual interest rate will be determined after acceptance of the vehicle. The estimated annual payment is $34,082.88. Total estimated cost over the sixty-month period, including principal of $152,833 and interest of $17,581.40 is $170,414.40. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA DATE: 11/18/08 ITEM DESCRIPTION QTY. UNIT 1. Peterbilt 367 Truck Tractor 1 Each Award Total PRICE SHEET BI- 0040 -09 RUSH EQUIPMENT CENTER OF TEXAS, LP HOUSTON, TEXAS UNIT PRICE $152,833.00 $152,833.00 4 Requested Council Date: 11/18/08 Alternate Date: 12/09/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of five (5) 2009 Compressed Natural Gas Compact Sedans in accordance with Bid Invitation No. BI- 0042 -09 from Lute Riley Honda, Richardson, Texas based on most advantageous bid for a total of $128,800. Funding is available from the FY08 -09 Capital Outlay Budget in the Fleet Maintenance Fund. BACKGROUND: Purpose: The vehicles are replacement units and will be assigned to the City Hall vehicle pool. Bid Invitation Issued: Three Bids Received: Two Pricing Comparison: Pricing has increased approximately 23% since the last purchase of 2004. Basis of Award: Most Advantageous Bid Funding: Lute Riley Honda, Richardson, Texas and Goodson Honda West, Houston, Texas submitted equal pricing for the vehicles. Both offers submitted meet the City's specifications; however, the sedans offered by Lute Riley Honda are in stock and available for immediate shipment. The vehicles bid by Goodson Honda West have a two month lead time. Fleet Maintenance Funds 550020 -5110 -40190 Capital Outlay Item No. 87 Total: $128,800. Michael Barrera Assistant Director of Financial Services CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BID TABULATION BID INVITATION: BI- 0042 -09 COMPRESSED NATURAL GAS COMPACT SEDANS BUYER: MARIA GARZA DATE: 11/18/08 ITEM DESCRIPTION QTY UNIT (1) LUTE RILEY HONDA RICHARDSON, TEXAS UNIT EXTENDED PRICE PRICE (1) GOODSON HONDA WEST HOUSTON, TEXAS UNIT EXTENDED PRICE PRICE 1. Compact 4 -Door Sedan with OEM Factory Installed Dedicated CNG Fuel System, Honda Civic GX Lead Time: 5 each $25,760.00 $128,800.00 In Stock TOTAL: 5128.800.00 $25,760.00 $128,800.00 2 Months (1) Lute Riley Honda, Richardson, Texas and Goodson Honda West, Houston, Texas submitted equal pricing for the vehicles. Both offers submitted meet the City's specifications; however, the sedans offered by Lute Riley Honda are in stock and available for immediate shipment. The vehicles bid by Goodson Honda West have a two month lead time. 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 18, 2008 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2008— 2009, Contract Period September 1, 2008 through August 31, 2009. B. Ordinance appropriating $500,000 from the Texas Department of Family and Protective Services in the NO. 1060 Community Youth Development fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2008 -2009 contract period September 1, 2008- August 31, 2009 and declaring an emergency. C. Motion authorizing the City Manager, or his designee, to execute a subcontract with the Boys & Girls Club of Corpus Christi in the amount of $50,000.00 to provide services for youth ages 6 to 17 in the 78415 Zip Code. D. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $86,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. E. Motion authorizing the City Manager, or his designee, to execute a subcontract with Planned Parenthood of South Texas in the amount of $30,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. F. Motion authorizing the City Manager, or his designee, to execute a subcontract with the YMCA of Corpus Christi in the amount of $35,000.00 to provide services for youth ages 14- 17 in the 78415 Zip Code. G. Motion authorizing the City Manager, or his designee, to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000.00 to provide services for girls in the 4w , 5th & 6"' grades in the 78415 Zip Code. H. Motion authorizing the City Manager, or his designee, to execute a subcontract with Youth Odyssey in the amount of $30,000.00 to provide services for youth ages 11 to 17 in the 78415 Zip Code. I. Motion authorizing the City Manager, or his designee, to execute a subcontract with Nueces County MHMR in the amount of $30,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. J. Motion authorizing the City Manager or his designee, to execute a subcontract with SERCO of Texas in the amount of $60,000 to provide services for youth ages 10 -17 in the 78415 Zip Code. ISSUE: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYD) Program in various cities throughout the State. The City of Corpus Christi has been allocated $500,000 in program funds for Fiscal Year 2008 —2009, Contract Period September 1, 2008 through August 31, 2009, to be used in the 78415. Zip Code area. REQUIRED COUNCIL ACTION: Acceptance of federal grants and contracts in excess of $15,000 require Council approval. PREVIOUS COUNCIL ACTION: On May 27, 2008 City Council approved a Resolution for the City Manager or his designee to submit a grant application to serve as the fiscal agent for the Texas Department of Family and Protective Services (DFPS) FY 2008 -2009 78415 Community Youth Development (CYD) program, with $500,000 DFPS funding. FUNDING: This is a State funded grant. CONCLUSION AND RECOMMENDATION: The Community Youth Development Steering Committee, DFPS, and Parks and Recreation staff recommend approval of $500,000 for the CYD Program as presented for Fiscal Year 2008 — 2009, Contract Period September 1, 2008 through August 31, 2009. Ai-4a, a- 07.0,r for Sally Gavlik, Director Parks & Recreation Department Attachments: Background Information Original, Fiscal Agent Contract BACKGROUND INFORMATION On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the 78415 Community Youth Development (CYD) Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the CYD Program, and executed a contract with DPRS. The City Council also passed a resolution ( #022938) establishing the CYD Steering Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. In 1995, DPRS developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. Currently fifteen zip codes in 14 cities are designated as CYD service areas. The program sought to create activities that were not currently available within the local 78415 Zip Code area. These activities were made available to youth ages 5 -17. Eligible activities must fall within the following categories: mentoring, activities, employment, education, and /or youth leadership. In order to meet DPRS (now called Texas Department of Family and Protective Services — DFPS) guidelines, mentoring, youth leadership development and youth advisory committee must be components of the overall 78415 CYD Program's Plan of Operation. On May 27, 2008 City Council approved a Resolution for the City Manager or his designee to submit a grant application to serve as the fiscal agent for the Texas Department of Family and Protective Services (DFPS) FY 2008 -2009 78415 Community Youth Development (CYD) program, with $500,000 DFPS funding. As set forth by the Fiscal Agent CYD RFP, Section I subsection E, copy attached, and Article VII of the contract between the City and DFPS, the CYD review committee has the responsibility to review, score and makes recommendations to the Fiscal Agent (the City) on the subcontractors to be awarded CYD grant funds. These subcontractors have to provide CYD approved program services to youth /families who reside and or attend school in the 78415 zip code. The Fiscal Agent then sends DFPS their Plan of Operation which incorporates the recommended subcontractors statement of work and all CYD budgets. DFPS reviews and approves Fiscal Agent's Plan of Operation. Per Article VII of the contract, Fiscal Agent shall provide services based on the results of the community strengths and needs assessment, Request for Proposal criteria and recommendations of the CYD Collaborative Committee Review via development of subcontracts with designated service providers, if said providers meet the subcontracting requirements of the DFPS and the City. The fiscal agent contract is for three years starting on September 1, 2006 and ending September 31, 2009 . This contract is renewed yearly during this time period. It is predicted that DFPS will procure for a full fiscal agent competition grant during Spring, 2009. Since its inception, the CYD Program has served the 78415 Zip Code through a number of service providers. These providers would include Boys & Girls Club, Communities In Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Corpus Christi Teen Court, Paisano Girl Scout Council, Planned Parenthood, Parks & Recreation Department, Youth Odyssey, YMCA, and YWCA. MAY -11 -2004 05:13 From: Teats Dept. of Family end Protective Services 2291410 r• ./ 4 State of Texas - Governmental Title IV-B and Pt.. (Title IV -B and IV -E) Purchased Services Contract Procurement Number RFP 2008.001 -PFj Contract Number 23362174 Community Youth Develops qt Services To:3618263239 P.7'17 2262ex November 2004 Parties. The Texas Department of Fancily and Protective Services (DFPS), hereinafter referred to as the Department and City of Corpus Cshrisf), hereinafter referred to as the Contractor, do hereby make and enter into this Contract, which, together with Me Incorporated documents, consOtutes the entire agreement under the above referenced contract number between Ole Department and the Contractor. The Department and the Contractor make this contract for the following mutual considerations. It. Authority to Contract. The Department is authorized to enter into this contract under Human Resources Code Chapter 40. III. Governing Law. This Contract shall be governed by and construed In accordance with the laws of the State of Texas. Unless otherwise mutually agreed, venue will bo in state Distil Court, Travis County, Texas, and resulting payments shall be due and payable in Travis County, Texas. IV. Contract Elements. This contract between the parties and any successor or pemdfted assignee consists pf the signed written contract and ell documents incorporated by reference which are the documents listed in Section Xi of this contract. The contract includes a statement of nand for these services, the location of service delivery, otter service delivery details, budget and billing procedures This contract may be amended only In writing and by mutual agreement. V. Financial Limitations and Considerations. A. Funds Availability. This contract is at all times contingent upon the availability and receipt of state or federal funds that the Department hos allocated to this contract; and if funds for this oonlract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Department. B. Amount of Payment. The Department shall pay the Contractor up to aervlces rendered in a000rdence with the terms of this contract upon front available en eri far statement r emnnt after et deducting nny known previous overpayment made by the Department proper end verified • Pao therht. wade only, t program Income accrues, the Contractor shall return to the Department any income that exceeds actual costs Incurred for services rendered under the contract. In no event shall payments exceed the Contractor's actual reasonable, necessary and allowable costs to provide services undor this contact budget. K. Basis for Payment The basis kw payment for services rendered under this Contract Is indicated In the service terms with the-budget The Contractor agrees to this bass's for payment and to adhere to the (fecal and billing policies and procedures of the Department. The Department is not Unauthorized costs or to pay more thank the Contractor's allowable and flintily hemmed oats C obtruded l pay with federal and state regulations. The Contractor is responsible for submitting bele In an 800uurate a d timely manner for each senate period no later than 30 days from the close of the month In which the outs being betel were incurmd and tor nntiying the Department of a need to expedite payment The Department wit make reasonable efforts to process all bias received in an accurate and timely manner but does not warrant immediate payment. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the contractor_ For the purposes of Ole contract, incurred means that the Item or service must have been received for use by the program. Costs should be baled to the month In which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not pold in time to include them on Ire primary voucher. Costs should not be baled to DFPS if they have not yet been paid D. Tho Contractor understands and agrees that: 1. Twisters between line iterns of a budget will be allowed without prior approval from the contract manager if the transfers do not result in a cumulative Increase or decrease of five thousand dollars (65000) or a prorated portion of this amount in cases where the term is less then one year, or an increase or decrease in any budget line item of more than five percent (5 %) of the total budget. Any transfers shall be for allowable items as defined by the Department, which do not result In a significant Page 1 MAY -11 -2004 05:13 From: wiu r,uufu,ve sty VMS 2291410 To:3618263239 --�In. Vi ,r ^4C Governmental Title IV-B and PA._ (Title IV-9 and iV-E) change in the character or scope of the program. Any transfers must be described and reported within thirty (30) calendar days by letter to the Department. P.8'17 November 2004 2. Prior written approval must be secured: a) When transfers between items involve more than the amount designated in Section V.D.1. above. Lack of prior approval In these instances will be grounds for nonpayment of the item or!ter !terns involved. b) When transfers, regardless of the amount, would result in a significant change In the character or scope of the program, Lack of prior approval In these instances will be grounds for recovery of unapproved payments and termination of this contract at the option of the Department. E. Actual Costs. The reimbursement made to the Contractor shah not exceed the Contractor's actual costs to provide the services under this contract and the Contractor's actual posts, both direct and indirect, must be allowable, reasonable and allocable according to the Office of Management and Budget (OMB) Circulars 487 and A -110. and 40 Texas Administrative Code (fAC) 99732.240 -258. F. For unit rate contracts only. The Contractor shall provide the Department a total 0111 each month In the format prescribed by the Department. and shall accept as payment In full the contracted unit rate reduced by an amount equivalent to the required percentage of certified kcal resources as applicable. G. Physical Property. The Contractor shag assume responsibility for the protection of all physical property and equipment purchased under this contract and to take appropriate measures to meet this obligation. Tho Contractor shall furnish the Department with a written, factual report of the theft of. or damage to, any equipment purchased under this contract, Including circumstances concerning the loss In addition, In the local law enforcement event of any theft, vandalism, or other offense against the proportes, the Contractor shall notify appropriate authorities. H. Equipment. The Contractor shall fnlbw the provisions of 46 Code of Federal Regulations (CFR) Part 92 regarding the retain to the Department of any equipment purchased under this contract wfh funds allocated to the Contractor or its subcontractor. The Cenlractor snail not give ahy security Interest, Yen, or otherwise encumber any item of equipment purchased with contract funds. The Contractor shall the anenlly identify all equipment purchased under this contract by appropriate tags or labels affixed to equipment and to maintain a current inventory of equipment which Is 'available b the Department at all times upon request. Regulation Compliance. The Contractor shall remain in compliance with 45 CFR Part 92. OMB Circular 487 and 40 TAC § §732.241 -250. In the event of any conflict or contradiction between or regulations 45 CFR part in 02, this Cractter term, the regulations shall control in tho following order of 7 and 40 TAC § §732.240.256. J. Lobbying Limitations. The Contractor shall not use any funding under this contract b Influence the outcome of elections or the passage or defeat of any legislatfvc measures. K. Matching Requirements. 11 theta is a matching requirement in the request for proposal (RFP) the Contractor shaft provide at feast the amount of non-Federal share as identified in the contract budget or through other written notice from the Department. In the event of failure to provide this amount of non- Federal share as specified, the Contractor shall indemnify the Department for any resulting proportionate reduction of federal funds or other disallowance. L. Taxes. The Department will not be liable for state, local, or federal excise taxes. The Contractor must be able to demonstrate on -situ compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1970, dealing with issuance of Fdrm W -Zs to comnion law employe The Contractor must comply with all Federal and State tax laws and withholding requirements. The Department will not be liable to the Contractor or its enptoyeee for any Unemployment or Workers' Compensation coverage, or Federal or State withholding requirements, The Contractor shall Indemnify the Department and pay to the Department all costs, penalties, or bases whatsoever occasioned by the Contractor's omission or broach of this section. M. Force Majeure. The Contractor shall he financially Sable for undue delays or failures to perform in contract performance except for any delay In or failure of performance of any requirement caused by force meletae (i.e. those causes generally recognized under Texas law as constituting Impossible conditions). Stith Page 2 MAY -11 -2004 05:13 From: Texas Dept. of Family and Protective Services 2291410 To:3618263239 State of Texas Governmental Title IV-13 and Pa. (Title IV-B and iV -E) P.9'17 22112ex November 2004 delays or failures to perform shall extend the period of performance at the discretion of the Department in the exercise of reasonable diligence until then exigencies have been removed The Contractor ehaA inform the Department In writing of proof of such force malewe within three (3) business days or ohenefee waive this right as a defense. The Contractor agrees that breach of gills prevision entitles the Department to reduce or stop payments, Immediately terminate this contract, colect partial or whole payment for services not timely delivered, other liquidated damages including amount of any bond for contract amount and any other remedies available to the Department under the terms of the centred, In equity or under Texas law. N. Accounting. The Contractor shall adhere to Generally Accepted Accounting Prineipies (GAAP) promulgated by the American Institute of Certified Public Aocounlante and folow Department fisted management policies and procedures In submitting timely billing and maintaining Mandel records required to be kept under this contract. O. Record Keeping. The Contractor shall maintain financial, programmatic, and supporting documents, statistical records, inventories of ronexpendable property acquired, and other records pertinent to daims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Contractor will keep the records and documents for not less than live (5) years and until all Negation, claims, or audit findings aro resolved. The case is considered resolved when a final order is Issued In litigation, or a written agreement is entered into between rho Department and the Contractor. Contract period means the beginning date through the ending date specified In the original contract extensions are considered to be separate contract periods. P. Reviews. The Contractor shall cooperate fully In any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the contractor and subcontractor which may be conducted by the Department or the United States Department of Health and Human Services, or the authorized representatives; and to be responsible for any audit exception or other payment Irregularity regarding this contract or subcontract, which may be found after review by tho Department and proper collodion nd Department reim reimbursement to the Department of aannyearnount be responsible xIs for the the proper hieing amount. Acceptance of funds under thls contract acts as acceptance of Inc authority of he State Auditors Office, HHSC ogtco of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Contractor further agrees to cooperate fully with the State Auditor's office or Its successor, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included In any subcontract it awards. • Q. Notice of Funding. The Contractor shall place prominent notices acknowledging the funding a receives from the Department in all of Its Ntorature that describes services covered by this contract Thls notice will also appear in the Contractors annual financial report, if any Is issued. R. Limitation on Grants To and Contracts With Units of Local Governments. If the Contractor is a council of government a regional planning commission, or a similar regional planning agency created under Chapter 301, Local Goverment Code, a Local Workforce Development Board or an MHMR community center, the Contractor shall expand funds under this contract subject to Imitations and reporting requirements similar to those contained within Section 33 of Article IX of die General Appropriations Act passed by the 75th Texas Legislature. Those limitations are that: 1. The Contractors solaria* shall not exceed the salaries In Section 1 of Article IX. ttduding only the position classifcaton plan and schedule and the salary administration provision, except hat nothing In this section requires increased salaries for local government empbyees; 2. The Contractor comply with Soc. 5 01 Article IX, Political Aid and Legislative Influence Prohibited; 3. The Contractor-Comply with Sec. 11 of Article IX. thse of Alcoholic Beverages; 4. The Contractor comply with Sec. 66 of Article IX, Performance Rewards and Penalties; 5. The Contractor comply with Sec. 85 of Article IX, Budgeting and Reporting; 6. The Contractor comply with Sec. 86 of Article IX, Annual Reports and Inventories; 7. The Contractor comply with Soc. 95 of Article IX, Internal Audit Findings: and 8. The Contractor comply with each section within the division of Article IX, General Appropriations passed by the 75111 Texas Legislature, labeled "Travel Regulations' (Sections 13 through 21) provided that in the case a hotel is unable or unwilling to provide Boards or their employees or agents with a Page 3 MAY -11 -2004 05:14 From: 2291410 To:3618263239 P.10'17 Texas Dept of Family and Protective services State of Texas r282ex Governmental Title IV-13 and Psis_ N01e"' ber 2004 (Title IV-B and IV -E) rate equivalent to that provided to state employees, or in the oases in which the negotiated conference rates tor officially sanctioned conferences or meetings exceed the Mowed state reimbursement rates for lodging, an exception is granted by the Department. S. Contractor agrees that should the Contractor ever be shown by the Texas Comptroller of Public Accounts as not M good standing' or should the Comptroller be prohibited from issuing a warrant or electronic funds transfer lo Contractor, then the Department's payments under this contract shell be applied directly toward eliminating the Contractors debt or delinquency to the State of Texas. This requirement specifically applies to any debt or delinquency, regardless of when it arises. The comptroller may determine the order in which debts or defnquendes are reduced or eliminated. VI. Reporting and Copying Requirements. A. The Contractor shall submit Registration Forms, Change Forms, Monthly Participation Summary Sheet (MPSS) and Outcome Survey data as well as a quarterly reports and an annual sett - evaluation report and other reports requested by the Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports and supporting documents for reviewing and copying by the Department, the U.S. Department of Health and Human Services, or their authorized representatives. For those contractors who have been codified to enter program service data Into the PEIS database, the contractor shag enter data into the PEIS database on a timely and ongoing basis to ensure that every attempt will be made to enter all data for a specific month Into the aystom within 6 days of the close of the month, and no later than 30 days following the close of the month of services. The quarterly reports and annual set- evaluation report will be submitted on the templates required by the department. The annual self - evaluation report is due to the Department no later than 80 days following tha close of the fiscal year. Quarterly reports are due no later than 30 days folbwing the quarter being reported on. B, The Contractor shall submit service delivery reports required by the contract or self - evaluations of performance and other reports requested by the Department In appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books. reports, and supporting documents for reviewing and copying by the Department, the U.S. Department of Health and Human Services, or their authorized representatives C. In developing, copying, and disseminating reports or other information under this contract, the Contractor hereby agrees to the fnlbwing: 1. Grant to the Department the right to copyright, use, reproduce, and distnbuto any material written or produced by the Contractor that is the subject of this contract. 2. Defend any claim, suit, or proceeding brought against the State f T ng any copyright by cried the e issue of infringement of an o exec or Department on th to the Department under this agreement subject to the jurit�c�gonuof the rtAttosupplied e by Contester . The Contractor will pay, subject to limitations specified in this Section, any final judgment entered against the State of Texas or the Deportment on this Issue In any sult or proceeding defended by tho Contractor. The Contractor will be relieved of This obligation if within thirty (30) calendar days after the Department receives notice, the Department fails to notify the Conthactor in writing of any claim, sult, or proceeding, and al the Contractors expense, give the Contractor all infonnafon needed to defend any claim, suit, or prpceedang. 1 he Contractor will report to the Department within thirty (30) days and in reasonablo written detail, each notco of claim of copyright infringement pertaining to this contract of which the Contractor has knowledge. V11. Additional Responsibilities of Contractor and Subcontractor. The Contractor shall be responsible to the Department for any subcontractors performance under this contract. The Contractor shall, and will require any subcontractors to: A. Provide services in urxordance with the provisions of this contract and to allow the Department and its representatives to monitor, audit, evaluate and otherwise review the services provided and related documentation. 8. Notify the Department immediately and in advance of any significant change affecting the Contractor, Including change of Contractors name or Identity, ownership or control, governing board membership, Pane 4 MAY -11 -2004 05:14 From: Texas Dept of Family and Protective Services 2291410 To:3618263239 State of Texas Governmental Title IV-B and P,,.. (Title IV -B and IV-E) personnel, payoo identification number, and other. Notice will bo provided in writing to the Department within ten (10) working Gays of change. P.11/17 22826x November 3004 C. Retrain from transferring or esalgning this contract or from entering Into any subcontract for the services under this contract without prior written approval from the designated official Department signatory. Request for approval must be submitted in writing by the Contractor and include the quallflptions of the subcontractor to perform and meet the standards of this contract. The Contractor shell be responsible to the Department for any subcontractor's performance. D. Provide statements from subcontractors signed by an official duly authorized to subcontractor and attest to the fact that it shall provide the services as legally obligate the including the incorporated documents, with no disruption to service represented similar statement h then contract, signed by each subcontractor who will provido services as part of the contract. AEach similar must be required 10 submit ownership Information and other information related to this contract. The Contractor must disclose any Information regarding subcontractors, E. Romove any employee from direct client contact who Is alleged to have committed abuse or neglect; or an offense against the person, an offense against the family, or an offense Involving public Texas Penal Code; or an offense under the Texas Controlled Substances Act If it is determined ut atat he however, the Contractor or Subco tractor shall notify tho Department M Its Intent to o so ten (100) 8 may again be assigned to direct days prior to the reassignment. The Contractor or Subcontractor must provide the Department with further Infonaton concerning the reasons for the reassignment upon the request of the Department If the employee ill found to have committed any of the offenses listed in this paragraph, the employee shall not be reassigned to duties Involving any direct contact with clients. G. Allow any of Ns employees to testify In judicial proceedings and administrative hearings, at the request of tho Department. H- Comply with all applicable federal and state regulations and with the Deparment policies and procedures reporting services delivered under this contract, Including but not NmMSd to the following: 1. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations (CFR) and federal circulars, as amended. • 2. Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), Section 604 of the Rehabilitation Act of 1973 (Public Law 93 -112), the Amoricans with Disabilities Act of 1990 (Public Law 101 -330), and all amendrhenta to each, and aq requirements imposed by the regulations issued pursuant to these acts. In addition, the Contractor shall comply with Tato 40. Chapter 738. of the Texas Administrative Code. These provide in part that no persons In the United Slates shat, on the grounds of race, color, national origin, sex, age, disability, political balers or religion be excluded from partkipaton M, or denied, any ald,'care, service or other benefits provided by federal and/or state funding or °Uterwis° be subjected to discriminatinn. 3 Heath and Safety Codn Section 65.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Immigration Reform and Control Act or 1986 regarding employment verification and retention of verification forms for any Individuals who will perform any labor or services under this contract. Allow the Department the right to remove from the provision of services; any employee of the Contractor or suboantractor. This right will be exorcised in a reasonable manner by the Department. 5. All state and federal licensing and certification requirements, healti and safety standards, and regulations prescribed by the United Slates Deportment of Health and human Services and the Department. 6. All applicable standards, orders or regulations lssuod pursuant lo the Clean Air Act (42 U.S.C. 7401 et seq,) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). 7. Mandatory standards and policies relating to energy efficiency Which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94 -163). 8 All applicable state and federal laws, rules, and regulations regarding conflicts of interest in the performance of its duties under this Agreement. Contractor warrants that it has no interest and will not Page 5 MAY -11 -2004 05:14 From: Tetras Dept. Or Fa i*y and Protective SeMoos 2291410 To:3619263239 State of Texas Governmental Title IV-B and Ph.- (Title IV -B and IV-E) acquire any direct or indirect interest that would conflict in any manner or degree with its performance under this Agreemerd. P.12,17 Z282ax November 2004 Establish a method to ensure the confidentiality of records and other Information relating to clients according to ap$cable federal and state law, rules and regulations. This provision does not limit tho Department's right of access to client case records or other information relating to clients served under ells contract. The Department shall have an absolute right to access 10 and copies of Such Infomkntioe, upon request. J Prei Texas Wort any suspected case of abuse or neglect to the appropriate authority as required by the Ny Code, Chapter 261. All reports must be made within twenty-four (24) hours of the discovery Of abuse or neglect. • K. It specific qualifications are set forth in job descriptions required by the Department, only personnel with the required quelificadons will be assigned to all those positions unless a written waiver Is granted by the Department. M. Vorify and disclose, or cause his employees and volunteers to verity and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the tardy, or an offense involving public Indecency under the Texas Penal Code as amended, or an Offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients and/or access to persons: client data prior to such contact or access, and shal be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each such employee or volunteer testifying to this information, both of which shall be maintained by the contractor and available for review by DFPS and renewed every 2 years. N. Submit an annual financial and compliance audit of lie Contractors fiscal year -end in accordance with Single Audit requirements of OMB Circular A•133 (Audits of State, Local Government, and Non -Profit Organizations), if applicable, O. Contractor has full responsibility to anticlpate and mitigate any four - digit -year related events that could adversely effect the timely performance of this Contract or the date - related operations of any goods. Iles or and icele provided lated pursuant o^ it. Contractor warrants the fault free performance In ale processing of dale Fault-free by any product developed and delivered to Deportment pursuant to eels Contract. 2000, and fo ce includes manipulation of data with dates prior to, throuj)h, and beyond January 1, Contractual during p years. Contractor agrees that all software developed and delivered pursuant to the requirements herein shall use four -digit-year elements. Contractor further agrees that four - digit -year elements will be used in any electronic data interchange that may occur with the Department as a result of this Contract.. Contractor shall not be entitled to additional comperfsation Or addllpial time to perform these oblgations. Vtll. Service Provisions. The Contractor shall provide service^ as specified below uniess'amended by both parties; The Contractor (Fiscal Agent) shall provide services based on the results of the community strengths and needs asaesement; Roque for Proposal criteria and recommendations of the CYD Collaborative Committee Review Committee via development of subcontracts with designated service providers, if said providers meet the subcontracting requirements of the Department and Contractor. Based on the recommendations of the CYD Collaborative Committee Review Committee and within the funding limits set in the Request for Proposals, the Contractor may provide direct services to the CYD program. The Contractor Plan of Operation must be submitted on the required template for fiscal year 2006 and be submitted In conjunction with the bontract and budget as supporting materials. The Contractor shall follow the Pion of Operation, or any changes in service delivery shall he addressed via update of the Plan of Operation, and submitted to the Department within 30 days. Plans of Operation tor subcontractors must contain the following information: 1. A detailed program description 2. Inclusive dates for service provision 3. Goals of the program and/or service, including the impact on juvenile crime 4. Days and hours during which services will be provided 5. Horne of organization responsible for providing services and the location where the Services will be provided 6, How services will be available to youth and/or families without transportation 7. `Sato passage" pion for youth and/or families without transportation 8. Population to be served by the program Page 8 MAY -11 -2004 05:15 From: Texas Dept. of Family and PmSScuve Services 2291410 State of Texas Governmental Title IV-B and PA._ (Title IV-B and IV -E) 9. The number of unduplicated youth and/or family members to be served 10. Ah• explanation of how CYD funds will be used to enhance existing services, if applicable 11. Description (dhow service programs will be culturally diverse 12. Stabling plan, with personnel qualifications, job descriptions, criminal check verification, and training Minor changes in service delivery shall be negotiated between the service provider and the Contractor and reported to the Department and the Steering Committee within 30 days. Any changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by both the Review Committee and the within tm Department. My changes not requiring prior approval from the Department must be reported to the Department The Contractor must add its services to the appropriate 241 4 Area Information Center where Its CYD soMaes are the id no ot later l CYD Aprti 1, 2006 and must update is Information appropdately wtthln30 days of any changes in scope program. The Contractor must ensure all subcontractors have also added their services to the 2 -1 -1 Area information Center. A. Introduction. The 74hl Regular Legislative Session, In House Bill 327, created the Community Youth Development grants. (Section 92, Amending Article 4413 (503), V.T.C.S., by adding Section 16.) The goal of the CYD program is to assist communities, identified by high Incidence of Juvenile crime, In allevlafing famfly,and community conditions that lead to juvenile crime. B. Geographic Area. Tho Contractor shad serve CYD eligible partidpants In ZIP code 78418 in Nueces County of the State of Texas. Eligible participants include youth through age 17 who five In and/or attend stool in the designated ZIP code. The target age ramie is 10 to 17 years. Family members meeting eligibility craeria as defined in Section VIII, C, 3(b) below may be served through CYD. To:3618263239 P.13/17 22e2ax November 2004 C. CYO Services. The Contractor is responsible for the following tasks, as related to service delivery through the Community Youth Development program: 1. Tho Contractor is responsible for providing written documentation of the link between the needs assessment, funding priorities outlined in the local RFP, and contracted services; and must conduct procurements that are in aconrdance with appropriate state and federal guidelines and wiM the guidelines set forth In this REP. For years in which a Contractor renews contracts, written documentation must be provided that supports the services currently funded and the decision to renew. 2. The Contractor is responsible for ensuring that any service funded by CYD Is an evidenco -based service In terms of preventing juvenile delinquency. For the purposes of the CYD program, evidence -based services are defined by evidence of prior program effectiveness, meaning programs that have been previously evaluated end determined effective in prevention juvenile delinquency, and by ongoing evidence, which will include a providers documented success in meeting the performance measures established for the CYD program and which must be included in the subcontract boilerplate as a contractual requirement. As part of the.performarace measures, service providers will be responsible for implementing a pre- test/post -test program evaluation design quantifiably demonstrating a significant Increase in the identified assets as a result of program participation. In addition. the Contractor must have written patios end procedures in place detailing actions that will be taken if and when a subcontractor does not successfully meet established performance measures. 3. The Contractor is also responsible for the following: a. Ensuring that the percentage of youth under the age of 10 served does not exceed the percentage cap in RFP 20066.99- 002•PEI.'this cap must be met eadh month by each Individual service. If the cap is exceeded, those youth may be considered ineligible and costs maybe disallowed. b. Ensuring that family members of eligible participants only participate if the service involves the eligible youth or if the service provided to the family member can be directly linked to having an Impact on the youth partidpant's likelihood of engaging in delinquent behavior, c. Whether provided directly by the Contractor or through subcontract, Contractors are responsible for: • Ensuring the YAC is comprised of a diverse group of youth, not just youth from one CYD Program; • Ensuring participation of at least 20 active youth who are either in middle school or high school; • Ensuring the YAC meets at least once per month and for a minimum of four hours to accomplish roles and responsibilities of the YAC; • Ensuring adequate participation from the YAC In CCC meetings, the needs assessment, and the Review Committee, as required in RFP 2006 -99- 002 -PEI; Pagel MRY -11 -2004 05:15 From: Texas Dept. of Famty and Protective Services 2291410 To:3618263239 State of Texas Governmental Title IV-B and PA_ (Title IV-13 and IV-E) P.14/17 2282ex November 2004 • Ensuring the YAC solicits feedback regarding the CYO program from youth participants and that services are appropriately responsive to youth needs based on the Information provided • Ensuring full participation at the Teen Summit d. Ensuring that measurable performance measures appropriate to youth leadership development are In the subcontract ot the provider offering services to meet the youth leadership development requirement a. Ensuring that at least 90% of the participants involved in montoring services are within the targeted grades (4 - 81). D. Admfnfstrauon. The Contractor is accountable for the following administrative responsibilities related to the Community Youth Development program: 1. The strengths and needs assessment must meat the minimum requirements defined by DFPS, be sufficiently documented, be the collaborative effort of the Contractor, Youth Advisory Carman and CYO Collaborative Committee and must be completed In a timely manner so as to allow the Contactor to meat contractual deadlines. If the contract will be renewed, at renewal Information required by the Department Is due to the Department no later than June it of the year prior to the beginning of the net fiscal yew. The assessment must focus on, but is not limited to, needs and strengths related to juvenile delinquency prevention. 2. The Contractor is responsible for ensuring that • Collaborative Committees establish a formal, written selection process to assure fair and objective selection of Review Committee members • Review Committee members consist of a minimum of five members, that 51% or more of the members reside In the ZIP coda and that at least one member of the YAC participates All Review Cemmilee members sign written conflict of interest and confidentiality statements prior to reviewing proposals Terms limits for participation on the Review Committee are enforced Review Committees use a consensus process to make recommendations during the local procurement 3, Tho Contractor b responsible for ongoing management and monitoring of subcontracts. This Includes appropriate negotiations of contracts at both procurement and renewal, ensuring timely end accurate billing and submission of required program documentation, and formed on -site monitoring. My finding or Issue documented In a monitoring report for a Contractor by DFPS In which a subcontractor's performance played a considerable part wit be considered significant mismanagement of subcontracts on the part el the Contractor. 4. The Contractor is expected to be adequately prepared so that contractual,deedlines for quarterly reports, the year -end report, and renewal information are met. Quarterly and year-end reports must be submitted on the report templates provided by DFPS. 5. The Contractor Is expected to properly manage its budget and should not lapse a significant amount of the contract at the end ot each fiscal year. 6. The Contractor Is expected In hold a minimum of four CCC meetings, one each quarter and at least one community meeting. The first CCC meeting of the year should be an annual planning meeting. Minutes, active attendance rosters and attendee oign -in sheets must be documented and submitted to DFPS by the prescribed deadlines. E. Performance Measures. Output #1: Number of youth served Mdlcator; Number of unduplicated youth served during the contract period Of March 1, 2006, through August 31, 2006 as reported through participation data enured into the Prevention end Early Intervention See/Ices database. Panicipants will be counted once during the year to determine this output. They are counted the first time They receive services during the fiscal yonr. As a result, all participants served during the contract period, regardless of the year participants were registered. arts counted. Target: 2222 youth and 37 adults Output #2: Timely data entry Indicator. Percent of monthly participant summary data entered within 30 days of the close of the month of service. Page 8 MAY -11 -2004 05:15 From: Texas Dept of Family and Protective $crvices 2291410 To:3618263239 State of Texas Governmental Title IV -B end PA.. (Title IV -B and IV -E) P.15'17 22e2w( November 2004 Target: 95% Output #3: Accurate data entry Indicator. Percent of CYD participants registered during the. contract period of March 1, 2006, through August 31, 2000 who do not have multiple registrations entered Into the PSIS database. Target 95% Output #4; Completed Agent Surveys Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow -up (post) asset survey. Only those youth who are initially registered by a provider will be included In the calculation for this output Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. Target; 50% Output 05: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions provided by DFPS. Target: 50% Outcome 41; CYD youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Asset Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) asset survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow -up (post) asset survey. . llow -up (post) asset surveys will be completed Follow -up (post) asset surveys will be ce days prior to and 15 days ufter the four month anniversary of the youth having completed the initial asset Inventory or when the youth loaves the program, whichever comes first. Target: Negotiated. During the March 1, 2006 through August 31, 2006 contract period collecting and reporting the data for this outcome will he a reporting requirement. The data will be used to determine a benchmark for the outcome and used to establish a target in the subsequent contract period. Outcome 42: CYD participants perceive services as effective Indicator: Percent of youth that report CYD services had a positive impact For youth who participate In multiple services, one survey should be completed corresponding to the first program In which they participated. Target: Negotiated. During the March 1, 2000 through August 31, 2006 contract period collecting and reporting the data for this outcome will be a reporting requirement. The data will be used to determine a benchmark for the outcome end used to establish a target in the subsequent contract period. Outcome 43: Non-referred CYD youth Indicator: Percent of CYO youth report not referred to juveniln probation while receiving CY0 services. Target: 95% Budget, The Department shall reimburse the Contractor the reasonable, allowable and allocable costs as specified in the attached budget. Provisions for Termination of Contract and Dispute Resolution. A. If the Contractor fails to provide services according to the provisions of this contract, the Dopartment may, upon written notice of default to the Contractor, terminate all or any part of the centred, Termination Is not necessaniy an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this oontract. The Department shall suspend or revoke this contract if the Contractor Is found liable for or has a contact, license, certificate or permit of any kind revoked for Medicaid fraud. The Department shall also suspend or Page 9 MAY -11 -2004 05:15 From: Texas Dept of Fancily and Protective Services 2291410 To:3618263239 P.16'17 State of Texas Governmental Title IV -B and Ps_ (Title IV -B and IV-E) revoke this contract if the Contractors license, cenilicate or permit has been revoked by any agency listed In Article II of the General Appropriations Act passed by the 75th Texas Legislature. 2282ax November 2004 C. Tito Department, based on information from monitoring or otter verifiable sources, may terminate this contract for cause or lake other actions: 1. To Include requiring the Contractor to lake specific corrective actions in order to remain in compliance with any contractual term, 2. To recoup payments made to the Contractor or imposo administrative error sanctions based on audit findings of violations of contract requirrmants, and 3. To suspend, place into abeyance or remove any contractual rights to include, but which ere not limited to, withholding of payment, cessation of placement and removal of all contract rights. D. If federal or state laws ur other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this contract, and it the parties cannot agree to an amendment that would enable substantial continuation of tie services, thn parties shall be discharged from any further obligations under this contract. E. This contract may be terminated at any time by mutual consent In addition, either party to this contract may consider It to be canceled by giving thirty (30) days notice to the other party. This contrail will be terminated at the end of the thirty (30) day period. Nothing in thls Section shall be construed to prohibit immediate termination of the contract pursuant to Sections X. A. and 8. above. This contract shall otherwise terminate by lho date specified pursuant to Section XII, below. F. At Oro end of the contract term or oilier contract termination or cancellation, the Contractor shall In good faith and In reasonable cooperation with the Department, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations Incurred to date of termination must also be equitably settled. G. Contract Dispute Resolution. 1. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described heroin, by the Department and the Contractor to attempt to resolve any claim for breach of contract made by tho Contractor. a) A contractor's claims for preach of this contract that the parties cannot resolve h the ordinary course of business shall be submitted to the negotiation process provided In Chapter 2260, subchapter B, of the Government Code. To initiate the process, tho contractor shall submit written notice, as required by subchapter B, to the Departments (DFPS) Conynissiener or his designee. Said notice shall specifically state theft provisions of Ch. 2280, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the Department and the Contractor otherwise entitled to notice under the parties' contract Cottlpifance by the contractor with subchapter B Is a condition precedent to the filing of a contested case proceed Ing under Chapter 9260, subchapter C, of the Government Code. b) The contested case process provided In Chapter 2260, subchapter C, of the Government Code is (he contractor's sole end exclusive process for Seeking a remedy for any and all alleged breaches of contract by the Department 8 the parties are unable to resolve their disputes under subparagraph 1 of this paragraph. c) Compliance with the contested cast process provided in subchapter C Is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by the Department nor any other conduct of any representative of the Department relating to the contract shall be considered a waiver of sovereign Immunity to suit. 2. The submission, processing and resolution of the contractors claim is governed by tho published rules adopted by the Department pursuant to Ch. 2260, as currently effective, hereafter enacted Of subsequently amended. 3. Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of performance by the contractor, in whole or in part. Page 10 MAY-11-2004 05:16 From: Texas Dept. of Panay and Protective Services 2291410 To:3618263239 State of Texas Governmental Title IV-B and PAS (Title IV -B and IV-E) P.17/17 2282ex November 2004 XI. Incorporation by Reference. Tho following documents are incorporated into the contract for al purposes and are on file with the Department, the Contractor, and subcontractor(s): A. Form 1513, Disclosure of Ownership and Control Interest Statement, if applicable B. Form 2030, Budget Information Form C. Form 2031, Corporate Board of Directors Resolution or Equivalent D. Covered Contract.; 2046. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for ts E. Form 2047e, Certification Regarding Federal Lobbying F. Form 4732e/47322e, Nongovernmental Contractor Certification G. Form 4733. Contractor Assurances 11. Form 9003, Chad Support Certification 1. Form 0007, Internal Control Struchue Questionnaire (ICSQ), If applicable J. Form 9152CSD, Client Services HUB Subcontracting Plan; Form 9152DGF, Determination Of Good Faith Effort Form 9152880, Subcontractor Status Determination; g$ Form 9151ASD, Applicant Status Determination; Form 9151SSD, Subcontractor Status Determination K. Community Youth Development Request for Proposals (RFP), released October 8, 2005 and the proposal submitted in response to the RFP L. Plan of Operation XII. Effective Dates of Contract This contract shall be in force effective March 1.20g6 through agoalsats. XIII. Execution of Contract. For the faithful performance of the terms of this contract, the parties hereto in their capacities as stated affix their signatures and bind themselves during the effective dates. Texas Department of Fangly and Protective Services Signature [�Y Printed Name: Darlynystgotfi Pr9n Printed Title: n' t rr w lon end Early Intervention Prin Nemo: tvvOeme Kog Printed Title: Olv Manager Date 3/3010‘ D t.0 Date, Contractor! Ci(v of Corpus r► t %oproved as to franc A1'rE'Sr: D. Senior Assistant City Attorney Page 11 Qtr h •Y ODUMCIt,, Texas Dept of Family Form 9070cR and Protective Services May 2008 Purchased Prevention and Early Intervention Services Contract Contractor Name: City of Corpus Christi Contract #: 23362174 Renewal #: FY09 - AMO4 The Texas Department of Family and Protective Services, hereinafter referred to as the Department, and the City of Corpus Christi hereinafter referred to as the Contractor, entered into a contract effective March 1, 2006 for the purpose of providing Community Youth Development services with a payment type of Cost Reimbursement. This contract has been renewed 2 time(s) previously. The contract dated March 1, 2006 and all prior amendments and renewals are referred to herein as the "Original Contract." The procurement # RFP- 2006 -99- 001 -PEI which resulted in this contract, anticipated possible renewals and amendments of the contract, and no additional procurement process is necessary before entering into this renewal. The Department and the Contractor agree to amend the contract as follows: Budget. The Budget for Purchase of Service Contracts (Form 2030) and Budget Narrative included in the Original Contract as an Attachment are hereby deleted and the Form 2030 and Budget Narrative attached hereto are substituted for same. 11. Renewal Period. Section XII of the Original Contract is amended to include: September 1 2008 through August 31, 2009. 111. Section V. B, of the Original Contract is deleted in its entirety and the following provision substituted for same: Amount of Payment. The Department shall pay the Contractor up to $500,000 from available funds for services rendered in accordance with the terms of this contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department. If program income accrues, the Contractor shall return to the Department any income that exceeds actual costs incurred for services rendered under contract. In no event shall payments exceed the Contractor's actual reasonable, necessary and allowable costs to provide services under this contract budget. IV. Section VI. A, of the Original Contract is deleted in its entirety and the following provision substituted for same: The Contractor is required to submit quarterly reports and an annual year -end report timely and accurately. The quarterly reports will be submitted to the Department due by the 301h day after the end of each quarter. The annual year -end report will be submitted to the Department no later than 45 days after the end of the fiscal year. Quarterly and year -end reports must be submitted on the report templates provided by DFPS. The Contractor shall accurately complete or ensure accurate completion of program forms, including but not limited to the registration form, services tracking form, and outcome surveys. All forms must be on the template required by the Department except as approved in writing by the program's program specialist. The Contractor shall enter data into the PEIS database accurately, timely, and on an ongoing basis to ensure that a minimum of 95% of data for a specific month is data entered into the system within six (6) days of the close of the month, but no later than 30 days following the close of the month of services. Page 1 Texas Dept of Family Form 9070Ca and Protective Services May 2008 V. Section VII. H, 2, of the Original Contract is deleted in its entirety and the following provision substituted for same: Anti - Discrimination. Contractor agrees to comply with state and federal anti - discrimination laws, including without limitation: a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); b) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); c) Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); d) Age Discrimination Act of 1975 (42 U.S.C. §§6101- 6107); e) Title IX of the Education Amendments of 1972 (20 U.S.C. § §1681- 1688); f) Food Stamp Act of 1977 (7 U.S.C. §2011 et seq.); and g) The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. i) Contractor agrees to comply with all amendments to the above - referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. ii) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. iii) Contractor agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16 These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. iv) Upon request, Contractor will provide HHSC Civil Rights Office with copies of all of the Contractor's civil rights policies and procedures. v) Contractor must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 5151 Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free (888) 388 -6332 Phone: (512) 438 -4313 TTY Toll Free: (877) 432 -7232 Fax: (512) 438 -5885 VI. Page 2 Texas Dept of Family Form 9070CR and Protective Services May 2008 The following provision has been added under section VII, H, of the original contract: 9. Fair Labor Standards Act. The Fair Labor Standards Act (FLSA) (29 U.S.C. §201 et seq.) regarding minimum wages, overtime pay, recordkeeping, and child labor. VII. Service Provisions. Section VIII of the Original Contract is deleted in its entirety and the following provision substituted for same: The Contractor shall provide services as specified below unless amended by both parties: The Contractor (Fiscal Agent) shall provide services based on the results of the community strengths and needs assessment, Request for Proposal criteria and recommendations of the CYD Collaborative Committee Review Committee via development of subcontracts with designated service providers, if said providers meet the subcontracting requirements of the Department and Contractor. Based on the recommendations of the CYD Collaborative Committee Review Committee and within the funding limits set in the Request for Proposals, the Contractor may provide direct services to the CYD program. The Contractor Plan of Operation must be submitted on the required template for fiscal year 2009 and be submitted in conjunction with the contract and budget as supporting materials. The Contractor shall follow the Plan of Operation, or any changes in service delivery shall be addressed via update of the Plan of Operation, and submitted to the Department within 30 days. Plans of Operation for subcontractors must contain the following information: 1. A detailed program description 2. Inclusive dates for service provision 3. Goals of the program and /or service, including the impact on juvenile crime 4. Days and hours during which services will be provided 5. Name of organization responsible for providing services and the location where the services will be provided 6. How services will be available to youth and /or families without transportation 7. "Safe passage" plan for youth and /or families without transportation 8. Population to be served by the program 9. The number of unduplicated youth and /or family members to be served 10. An explanation of how CYD funds will be used to enhance existing services, if applicable 11. Description of how service programs will be culturally diverse 12. Staffing plan, with personnel qualifications, job descriptions, criminal check verification, and training Minor changes in service delivery shall be negotiated between the service provider and the Contractor and reported to the Department within 30 days. Any changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by both the Review Committee and the Department. Any changes not requiring prior approval from the Department must be reported to the Department within 30 days. The Contractor must add its services to the appropriate 2 -1 -1 Area Information Center where its CYD services are provided and must update its information appropriately within 30 days of any changes in the scope of its CYD program. The Contractor must ensure all subcontractors have also added their services to the 2 -1 -1 Area Information Center. A. Introduction. The 74th Regular Legislative Session, In House Bill 327, created the Community Youth Development grants. (Section 92, Amending Article 4413 (503), V.T.C.S., by adding Section 16.) The goal of the CYD program is to assist communities, identified by high incidence of juvenile crime, in alleviating family and community conditions that lead to juvenile crime. Page 3 Texas Dept of Family Form 9070cR and Protective Services May 2008 B. Geographic Area. The Contractor shall serve CYD eligible participants in ZIP code 78415 in Nueces County of the State of Texas. Eligible participants include youth through age 17 who live in and /or attend school in the designated ZIP code. The target age range is 10 to 17 years. Family members meeting eligibility criteria as defined in Section VIII, C, 3(b) below may be served through CYD. C. CYD Services. The Contractor is responsible for the following tasks, as related to service delivery through the Community Youth Development program: 1. The Contractor is responsible for providing written documentation of the link between the needs assessment, funding priorities outlined in the local RFP, and contracted services; and must conduct procurements that are in accordance with appropriate state and federal guidelines and with the guidelines set forth in this RFP. For years in which a Contractor renews contracts, written documentation must be provided that supports the services currently funded and the decision to renew. 2. As part of the performance measures, service providers will be responsible for implementing a pre - test/post -test program evaluation design quantifiably demonstrating a significant increase in the identified assets as a result of program participation. In addition, the Contractor must have written policies and procedures in place detailing actions that will be taken if and when a subcontractor does not successfully meet established performance measures. 3. The Contractor is also responsible for the following: a. Ensuring that the percentage of youth under the age of 10 served does not exceed the percentage cap in RFP 2006 -99- 001 -PEI. This cap must be met each month by each individual service. If the cap is exceeded those youth may be considered ineligible and costs may be disallowed. b. Ensuring that family members of eligible participants only participate if the service involves the eligible youth or if the service provided to the family member can be directly linked to having an impact on the youth participant's likelihood of engaging in delinquent behavior. c. Whether provided directly by the Contractor or through subcontract, Contractors are responsible for: • Ensuring the YAC is comprised of a diverse group of youth, not just youth from one CYD program; • Ensuring participation of at least 20 active youth who are either in middle school or high school • Ensuring the YAC meets at least once per month and for a minimum of four hours to accomplish roles and responsibilities of the YAC; • Ensuring adequate participation from the YAC in CCC meetings, the needs assessment, and the Review Committee, as required in RFP 2006 -99- 001 -PEI; • Ensuring the YAC solicits feedback regarding the CYD program from youth participants and that services are appropriately responsive to youth needs based on the information provided; • Ensuring full participation at the Teen Summit. d. Ensuring that measurable performance measures appropriate to youth leadership development are in the subcontract of the provider offering services to meet the youth leadership development requirement, if that service is subcontracted. e. Ensuring that at least 90% of the participants involved in mentoring services are within the targeted grades (4th — 81h) D. Administration. The Contractor is accountable for the following administrative responsibilities related to the Community Youth Development program: 1. The strengths and needs assessment must meet the minimum requirements defined by DFPS, be sufficiently documented, be the collaborative effort of the Contractor, Youth Advisory Committee and CYD Collaborative Committee and must be completed in a timely manner so as to allow the Contractor to meet contractual deadlines. If the contract will be renewed, all renewal information required by the Department is due to the Department no later than June Page 4 Texas Dept of Family Form 9070CR and Protective Services May 2008 15th of the year prior to the beginning of the next fiscal year. The assessment must focus on, but is not limited to, needs and strengths related to juvenile delinquency prevention. 2. The Contractor is responsible for ensuring that: • Collaborative Committees establish a formal, written selection process to assure fair and objective selection of Review Committee members • Review Committee members consist of a minimum of five members, that 51% or more of the members reside in the ZIP code and that at least one member of the YAC participates • All Review Committee members sign written conflict of interest and confidentiality statements prior to reviewing proposals • Term limits for participation on the Review Committee are enforced • Review Committees use a consensus process to make recommendations during the local procurement 3. The Contractor is responsible for ongoing management and monitoring of subcontracts. This includes appropriate negotiations of contracts at both procurement and renewal, ensuring timely and accurate billing and submission of required program documentation, and formal on- site monitoring. Any finding or issue documented in a monitoring report for a Contractor by DFPS in which a subcontractor's performance played a considerable part will be considered significant mismanagement of subcontracts on the part of the Contractor. 4. The Contractor is expected to be adequately prepared so that contractual deadlines for quarterly reports, the year -end report, and renewal information are met. Quarterly and year- end reports must be submitted on the report templates provided by DFPS. 5. The Contractor is expected to properly manage its budget and should not lapse a significant amount of the contract budget at the end of each fiscal year. 6. The Contractor is expected to hold a minimum of four CCC meetings, one each quarter and at least one community meeting. The first CCC meeting of the year should be an annual planning meeting. Minutes, active attendance rosters and attendee sign -in sheets must be documented and submitted to DFPS by the prescribed deadlines. VIII. The provisions of this section shall supersede any performance measures set forth in the Original Contract. Performance Measures. Pursuant to Texas Human Resources Code §40.058 all contracts for client services must include clearly defined goals and outcomes that can be measured to determine whether the objectives of the program are being achieved. The Department will use the following performance measures to evaluate the success of the Contractors performance of services under this contract. Output Measures Output #1: Average number of Target Youths served monthly in the Contractor's CYD program. Output Performance Period: Contractor performance on this output will be measured monthly throughout the contract period. Indicator: Average number of Target Youths served in the Contractor's CYD program each month. Target: The target for this measure will be determined after baseline data are collected from the youth participating in services during prior fiscal years of the program. A target better than baseline will be established for the subsequent contract period. Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD program. Page 5 Texas Dept of Family Form 9070cn and Protective Services May 2008 Data Source: PEIS Database Methodology: Count all Target Youths who were served during the output performance period, add that number to the number of youths served during each previous output performance period (if any), and divide by the total number of completed output performance periods. Output #2: Number of Target Youths served during each fiscal year in the Contractor's CYD program. Output Performance Period: Contractor performance on this output will be measured annually according to the corresponding state fiscal year or part thereof if the contract period begins after the state fiscal year. Indicator: Total number of unduplicated Target youths served in the Contractor's CYD program during the state fiscal year. Target: 2 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD program. Data Source: PEIS Database Methodology: Count all Target Youths with unique registration ID numbers who were served during the output performance period. Output #3: Completed pre- service Protective Factors Survey questionnaires are obtained from Target Youths served in the Contractor's CYD program. Output Performance Period: Contractor performance on this output will be measured annually according to the corresponding state fiscal year or part thereof if the contract period begins after the state fiscal year. Indicator: Percent of eligible Target Youths served in the Contractor's CYD program from which a completed pre- service Protective Factors Survey questionnaire is obtained by the Contractor. Target: 100% Purpose: To evaluate the Contractor's effort at obtaining outcome data. Data Source: PEIS Database Methodology: The numerator is the number of eligible Target Youths served in the Contractor's CYD program during the output performance period from which a completed pre- service Protective Factors Survey questionnaire was obtained. The denominator is the total number of eligible Target youths served in the Contractor's CYD program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #4: Completed post - service Protective Factors Survey questionnaires are obtained from Target Youths served in the Contractor's CYD program. Output Performance Period: Contractor performance on this output will be measured annually according to the corresponding state fiscal year or part thereof if the contract period begins after the state fiscal year. Indicator: Percent of eligible Target Youths served in the Contractor's CYD program from which a completed post- service Protective Factors Survey questionnaire is obtained by the Contractor. Target: 80% Page 6 Texas Dept of Family Form 9070cR and Protective Services May 2008 Purpose: To evaluate the Contractor's effort at obtaining outcome data. Data Source: PEIS Database Methodology: The numerator is the number of eligible Target Youths served in the Contractor's CYD program during the output performance period from which a completed post- service Protective Factors Survey questionnaire was obtained. The denominator is the total number of eligible Target Youths served in the Contractor's CYD program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #5: Completed Prevention and Early Intervention Youth Satisfaction Survey Questionnaires are obtained from Target Youths served in the Contractor's CYD program. Output Performance Period: Contractor performance on this output will be measured annually according to the corresponding state fiscal year or part thereof if the contract period begins after the state fiscal year. Indicator: Percent of eligible Target Youths in the Contractor's CYD program from whom a completed Prevention and Early Intervention Youth Satisfaction Survey Questionnaire is obtained by the Contractor. Target: 50% Purpose: To evaluate the Contractor's effort at obtaining outcome data. Data Sources: Prevention and Early Intervention Youth Satisfaction Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible Target Youth served during the output performance period from whom a completed Questionnaire is obtained. The denominator is the total number of eligible Target Youth served during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Outcome Measures Outcome #1: Target Youth report an increase in the protective factors. Outcome Performance Period: Contractor performance on this output will be measured annually according to the corresponding state fiscal year or part thereof if the contract period begins after the state fiscal year. Indicator: The aggregate increase in protective factors, as determined by comparison of the pre - service Protective Factor Survey Questionnaire to the post - service Protective Factor Survey Questionnaire. Purpose: To evaluate the Contractor's success at increasing protective factors in the youth who are served by the Contractor's CYD program Target: The target for this measure will be negotiated after baseline data are collected from the Target Youths receiving services during all or part of Fiscal Year 2009. A target will be negotiated for any subsequent contract periods. Data Source: PEIS Database Methodology: For all Target Youth who completed both Pre- and Post - Service Protective Factors Survey Questionnaires, count the aggregate number of protective factors identified by those youth on the completed Pre - Service Protective Factors Survey Questionnaires. Count the aggregate number protective factors Page 7 Texas Dept of Family Form 9070Ca and Protective Services May 2008 identified by those same Target Youth on the completed Post - Protective Factors Survey Questionnaires. Subtract the Pre - Service Protective Factors Survey Questionnaire aggregate from the Post- Service Protective Factors Survey Questionnaire aggregate to determine the change, if any. Outcome #2: Target Youths are satisfied with CYD program services received. Outcome Performance Period: Contractor performance on this outcome will be measured annually according to the corresponding state fiscal year or part thereof if the contract period begins after the state fiscal year. Indicator: Percentage of Prevention and Early Intervention Youth Satisfaction Survey Questionnaires completed by Target Youths with average scores of five or higher for the first five items. Target: 80% Purpose: To evaluate the Contractor's success at providing services that are perceived as satisfactory by the Target Youths receiving the services. Data Sources: PEIS Database Methodology if Contractor achieves the target for Outcome #2: The numerator is the number of completed Questionnaires for the outcome performance period with an average score of five or higher for the first five items. The denominator is the total number of completed Questionnaires for the outcome performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Methodology if Contractor cannot achieve the target for Output #5: The numerator shall be set at zero (0). The denominator is the total number of completed Questionnaires. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Outcome #3: 10 -17 year old youths served in the Contractor's CYD program will not engage in delinquent behavior. Outcome Performance Period: Contractor performance on this outcome will be measured annually according to the corresponding state fiscal year or part thereof if the contract period begins after the state fiscal year. Indicator: Percentage of 10 -17 year old youths that are not referred to juvenile probation while registered in and receiving services from the Contractor's CYD program. Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10 -17 year old youths receiving services from the CYD program. Data Sources: Texas Juvenile Probation Commission and PEIS Database Methodology: The numerator is the total number of unduplicated 10 -17 year old youths served in the Contractor's CYD program during the outcome performance period who were also referred to a county juvenile probation program during the same outcome performance period. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Probation Commission will be used to establish the numerator. The denominator is the total number of unduplicated 10 -17 year old youths served in the Contractor's CYD program for the outcome performance period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. Page 8 Texas Dept of Family Form 9070ca and Protective Services May 2008 IX. Incorporation by Reference. Contractor represents, and requests the Department to rely on these representations: A. If any material facts have changed, the Contractor has attached new and current documents as indicated on Form 9073: Contract Renewal Return Checklist. 1. Form 2030, Budget for Purchase of Service with Narrative 2. Form 2031, Corporate Board of Directors Resolution 3. Form 2046, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contractors 4. Form 2047e, Certification Regarding Federal Lobbying 5. Forms 4732, Request for Determination of Ability to Contract 6. Form 4733, Contractor Assurances 7. Form 9003, Child Support Certification 8. Form 1513, Disclosure of Ownership & Control Interest Statement 9. HUB Subcontracting Plan 10. Plan of Operation 11. Request for Proposals, Procurement #RFP- 2006 -99- 001 -PEI 12. Internal Control Structure Questionnaire (ICSQ) B. Upon request by the Department, the Contractor will prepare and execute new documents from the forms listed above. All other terms and conditions of the Original Contract not in conflict with this renewal are continued in full force and effect. For the faithful performance of the terms of this Contract, the parties affix their signatures and bind themselves to the terms and conditions of this contract renewal. This renewal # FY09 — AM04 to contract # 23362175 is effective September 1, 2008 through August 31, 2009. Texas Department of Family Contractor: City of Corpus Christi and Protective Services Signature Signature Printed Name: Carolyn Francis Printed Name: Angel Escobar Title: Director, Prevention and Early Intervention Title: Interim City Manager Division Date Date Page 9 ORDINANCE APPROPRIATING $500,000 FROM THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES IN THE NO. 1060 COMMUNITY YOUTH DEVELOPMENT FUND TO FUND THE COMMUNITY YOUTH DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE FOR FY 2008 -2009, CONTRACT PERIOD SEPTEMBER 1, 2008 THROUGH AUGUST 31, 2009; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $500,000 from the Texas Department of Family and Protective Services is appropriated in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 zip code area for FY 2008 -20089 contract period September 1, 2008 through August 31, 2009. SECTION 2. 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 day of November, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 30, 2008 Lisa Aguilar City Attorney for the City Attorney Henry 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: I /we, 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, Henry Garrett Mayor Council Members 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 CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2009 -1 This contract ( "Contract ") is entered into by the following named Subcontractor: CITY: City of Corpus Christi -PARD -CYD 226 Enterprize. Ste. 104 Corpus Christi, TX 78405 Telephone: (361) 826 -4028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher the City of Corpus Christi ( "City" or "Fiscal Agent ") and SUBCONTRACTOR: Boys & Girls Club of Corpus Christi 3902 Greenwood Dr. Corpus Christi, TX 78416 Telephone: (361) 361 - 853 -2505 FAX: (361) 361 - 853 -1943 Contact Person: Anne Baker Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $50,000.00 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved iWV . 12- By: Name: Title: 2008; i se A >s x;,'11) A litheAr7 City of Corpus Christi Angel Escobar Interim City Manager Subcontractor: Boys & Girls Club of Corpus Christi By: Name: Anne Baker Title: Chief Professional Officer Date: November 4, 2008 Attachment A -2 STATEMENT OF WORK Subcontractor: Boys & Girls Club Program Name: After- school & Summer Youth Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: The proposed Boys & Girls Club Program for the 78415 youth embraces the times of day and year that the youth members are not in school; as well as the weekends, when many athletic leagues are seasonally offered year -round. The After - school Program provides time for students to complete homework assignments, participate in computer activities, play in the game room and be active in athletics. It also provides the one-on -one help that many youth do not receive, either at home or at school. The Summer Program includes many of the activities provided after school; except that it operates from 8:00 a.m. until 5:00 p.m., Monday through Friday, and includes a hot lunch (prepared on site), daily snacks, swimming and outdoor programs, as well as the usual leaming center, game room and gym activities. The athletic leagues include Spurs Drug -free Basketball, Girls Kickball, Boys Flag Football, Soccer, Teen Summer Basketball and Volleyball. Another program that is just beginning is one that requires a partnership with the local police department, called VIPS (Volunteers in Police Services). Lt. Frese (CCPD) and her team of officers will actually work with the youth. This program will be funded through a Department of Justice grant. 2) Location where services will be provided: Greenwood Unit, 3902 Greenwood Drive, City Corpus Christi, Texas ZIP Code 78415 a) If more than one location is utilized. list other locations here: N/A 3) Inclusive dates of Service: From September 1, 2008 to August 31, 2009 4) Days and Hours of provided services: School days: 3:00 p.m. — 8:00 p.m., Monday through Thursday 3:00 p.m. — 6:00 p.m., Friday 10:00 a.m. — 3:00 p.m., Saturday, for fall athletic leagues School holidays: 8:00 a.m. — 5:00 p.m. -4- Summer: 8:00 a.m. — 5:00 p.m. (Children ages 6 — 12) 3:00 p.m. — 8:00 p.m. (Teens ages 13 — 18), Monday thru Thursday) 5) Number of unduplicated youth to be served /adults to be served (if applicable): 450 youth 6) Mentor to youth ratio: 1 to 10 a) Number of contact hours per week/per month: School -Days: 25 hrs /week; Summer 45 hrs /week 7) Describe the target population to be served: The youth served are primarily Hispanic (72 %) and African American (14 %) students who have no other comprehensive youth development program opportunities in which they can afford to participate. These youth need structured opportunities to develop leadership skills, participate in team sports, be with peers in our "Club" environment, leam from role models, and to know they are safe when at the Club. The characteristics and needs of these at -risk youth will best be met by the Boys & Giris Club programs, which are fine -tuned to address their need for structure and enrichment, while being "in the neighborhood." Another specific and often over - looked need of the at -risk youth we serve is for stability and structure. We see the children every day, of every week, which is extremely important to their sense of constancy and predictability. They know our routine, expectations, and programs; they know we'll be here for them every day and that we care about their safety and well being. Youth to be served are ages 6 -17 years. 8) Describe each goal of the service and /or program, including the impact on iuvenile crime: Goal(s): To bring CYD Boys & Giris Club activities to the residents of 78415 which includes homework assistance, tutoring, and recreation activities to decrease the negative effects of residing in this zip code. Objective(s): In a twelve month period, Boys & Girls Club participants will have increased their positive life skills to include better studying habits, participation in recreational activities and coping skills. As a result of the after - school program, at least 50% of participants who complete at least one grading period will show improvement in school attendance on their report cards. 9) How will this service be available to families without transportation: The Club has two vans that pick up as many children as possible for the After - school Program. For the Summer Program, CCISD will provide transportation from -5- Central Park, Fannin, Houston, Kostoryz, Lexington and Travis schools during the month of June. Whenever transportation for larger groups is required, we will use buses provided by the school district or RTA. The safety of the youth before, during and after any activity Is of utmost importance to us. 10)Describe the "safe passage" plan for youth /families without transportation: There is no priority higher than the safety of their program participants. Adequate supervision, with program- appropriate staff /child ratios is an integral part of their planning. All staff receives thorough training on all aspects of Club safety and child protection. Risk management is a high priority for the Club administration, and the safety of the youth is a constant concem. The Club has two vans that pick up as many children as possible for the After - school Program. For the Summer Program, CCISD will provide transportation from Central Park, Fannin, Houston, Kostoryz, Lexington and Travis schools during the month of June. Whenever transportation for larger groups is required, we will use buses provided by the school district or RTA. The safety of the youth before, during and after any activity is of utmost importance to us. 11) Staffing: Describe the staffing plan for FY09, including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured. Every member of their staff is at least a high school graduate. Only one does not have any college hours, most have at least two years of college, and some are college graduates. They have enhancedtheir summer staff considerably, with mature educators from the school district. Last summer they had at least four certified teachers and that number will increase this year. They make every effort to take advantage of all training opportunities offered through their national and regional organizations. In August of each year there is a Youth Development Conference that offers training in all program areas. They send as many staff as they can to this event, which for three years included their own Lisa Saenz on its national planning committee. The athletic, social /recreation, and leaming center staff provide the youth with the supervision and guidance needed to function in these areas. They have been trained in Basic Programming skills and often are recruited through school districts, Del Mar and our local university. The Greenwood Unit Director, Lisa Saenz, has been working for the Boys & Girls -6- Club since 1993 and has demonstrated her expertise in running all their programs with exceptional expertise. She is certified, through their national office, to run most of their programs and has had experience in doing so for the last 15 years. All coaches in the Spurs Drug -free League are trained and certified before each season. Staff members receive CPR and First Aid training. All life guards are fully certified. The ratio of staff to youth is 1:25, sometimes less when it is a smaller group in the learning center or one of the computer labs. In the gym it could go as high as 1:30. The hiring policies and procedures include background checks for all staff. Even the coaches who participate in the Spurs Drug -free Leagues must submit to background checks. The Club does not depend on volunteers for their regular Club programs; however if a person offers to volunteer, a background check is required. All of their staff must be trained on the essentials of youth programming, safety, policies and procedures of the Club, as well as specific aspects of the programs they are hired to run. The Club does not have high tum -over. If there is an unexpected vacancy or absence that affects the programming they fill it only with qualified personnel, sometimes shuffling from one Club to another (they also run the Robstown Unit) to insure adequate supervision. The Summer Prograrh is preceded by a Job Ready Program conducted in the spring of each year to train teens who want to work in their Summer Program. The teens must attend every class each week, participate in hands -on training, complete resumes, leam policies and procedures, and demonstrate that they can work with youth. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration/Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking forms must be submitted for each month for which the subcontractors) request reimbursement for service /program costs. -7- III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will.submit monthly billings specifying the costs incurred for each month of service to the. City representative listed below: Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 October 31, 2008 November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 April 30, 2009 May 5, 2009 -8- July 2009 August 2009 1,000 2% - 10 - TITLE OF CONTRACT: CONTRACT NO.: CONTRACT (Cover Sheet) Community Youth Development CYD 2009 -2 This contract ( "Contract) is entered into by the the following named Subcontractor. an: City of Corpus Christi- PARD - CYD 226 Enterprize. Ste. 104 Corpus Christi, TX 78405 Telephone: (361) 828 -4028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher City of Corpus Christi ("City" or "Fiscal Agent') and SUBCONTRACTOR: Communities In Schools, Corpus Christi PO Box 331203 Corpus Christi, TX 78463 -1203 Telephone: (361) 381- 878 -2304 FAX: (361) 361 -878 -1410 Contact Person: Veronica R. Trevino Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD") funded by the Texas Department of Family and Protective Services ( "DFPS"). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A -1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $88,000.00 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved 11 AV . i Z 2008; By: Name: Title: 3S stu. f C,'17) 1)tot -gi City of Corpus Christi Angel Escobar interim City Manager Subcontractor: Communities In Schools,, Corpus Christi By: d%,� � T.[ au.sTe Name: e am. len F. —Rev ea Title: E'xeta-Wife Pere Sex Date: 11.- // -06 Attachment A -2 STATEMENT OF WORK Subcontractor: Communities In Schools Program Name: CIS Tutoring, Activities, & Employment Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: CIS is proposing to serve six (6) sites: Carroll High, South Park Middle, Houston, Kostoryz, Lexington, and Central Park Elementary schools. Communities In School's CYD program includes casemanaged students, who have been referred because of a specific need such as behavior, academics and /or attendance and other students who will be registered under activities who will take part in all activities, but not needing the casemanaged services. All reenrolled students, families, and other eligible youth residing /attending a school in 78415 or designated site will have access to these services with CIS placing an emphasis on youth 10 -17 years of ages. Services will be offered directly at school sites. The school sites will provide a safe environment where youth can learn and grow and serve as an information /resource centers for other programs and agencies. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities casemanagers provide include support groups, individual guidance, family activities, homework help/tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HVI /AIDS, STD's educational field trips, leadership activities and pre - employment training. Casemanagers working full -time will invest time for preparation, coordination, and implementation of direct services. After school activities will be coordinated and implemented directly by the Casemanager and a part-time Recreational Leaders and in collaboration, partnership, or subcontracting with other local agencies or service providers. CIS /CYD staff will develop campus plans that provide a tentative schedule of all activities. Campus plans are flexible documents that outline, assess, and address the needs of the participants and the population of the school CIS /CYD programs will provide structured activities at six (6) school sites where eligible youth, parents and siblings are welcomed to participate. Coordinated activities are geared towards knowledge, personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. Activities will be implemented before and during school at the high school and middle school site. Identified elementary school sites will also include recreational activities immediately after school. Participation is voluntary with a CYD registration from signed by the parent/guardian. Coordination of services will continue to provide additional avenues for students and their families. It also provides a better assessment of the needs and issues of the 78415 area, allowing for a more effective delivery of services. -4- A five -week Summer Program will be held at South Park Middle School for eligible youth 10 -17. The Academic Decathlon will run for five weeks in June and July form 8:OOam until 4:OOpm. The program will provide youth the introduction to computer based programs such as Microsoft Word, PowerPoint, Excel and Publisher while also refining their skills in basic sports such as basketball, volleyball, tennis, baseball, and softball. 2) Location where services will be provided: High School: Carroll High: 5301 Weber, 78411 Middle Schools: South Park: 3001 McArdle, 78415 Elementary Schools: Central Park: 3602 McArdle, 78415 Houston: 363 Norton, 78415 Kostoryz: 3602 Panama, 78415 Lexington: 2901 McArdle 78415 3) Inclusive dates of Service' From September 1, 2008 to August 31, 2009 4) Days and Hours of provided services: Services are provided at the designated high school site and middle school sites by CIS /CYD staff before school (8:00 a.m. — 9:00 a.m.) and during school hours (9:00 a.m. — 4:00 p.m.). After school hours at the middle school sites are 4:00 p.m. — 5:00 p.m. Services at the elementary schools will be provided during school hours (8:00 a.m. — 3:00 p.m.) and after school (3:00 — 4:00 p.m.) Summer Programs will be offered at South Park for five weeks from 8:00 am — 4:00 PM. 5) Number of unduplicated youth to be served /adults to be served (if applicable): 350 youth / 50 adult 6) Describe the target population to be served: CIS will target youth, male and female living in and /or attend school in the 78415 zip code between the ages of 10 -17 years, and the total percentage of under 10 will not exceed 20% for the year. 7) Describe each goal of the service and /or program, including the impact on iuvenile crime: Goal(s): To bring CYD CIS programs to at -risk youth residing in the 78415 community that will increase self- esteem, positive attitude and academic performance. Objective(s): In a twelve month period, CYD CIS participants will have increased their self- esteem, positive attitude and academic performance through active participation in CIS CYD programs. 8) How will this service be available to families without transportation: CIS has site -based programs at the school sites. However, if off site activities occur, Corpus Christi Independent School District (CCISD) buses are utilized through an -5 agreement. 9) Describe the "safe passage" plan for vouth/families without transportation: Since CIS /CYD is site based, students are already at the schools we serve; therefore, transportation is not a factor. CIS has a long- standing relationship and partnership with CCISD Transportation Department and Regional Transportation Authority. An agreement has been established to coordinate transportation for field trips during the school year and summer programs. CIS has obtained insurance to cover the students participating in our program. During after school programs, students walk home, with parent permission, or the recreational leaders watch over students until parents pick them up. 10)Staffinq: Describe the staffing plan for FY08, including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: CIS has Personnel Policies, Standard Operating Procedures, Directives, and Memorandums in place to maintain the internal integrity of the agency. These policies are reviewed yearly by Management and Board Committees to make sure current state and federal guidelines are being followed. Attracting and maintaining educated and trained personnel is essential for CIS and this grant if children and families are to continue to succeed. It is imperative for our organization to be in compliance with changes in laws regarding hiring practices. CIS /CYD staff, mentors, interns, and volunteers must go through an application process, background check, criminal history affidavit, and training before they can participate with children whether it is case management, activities, and /or mentoring. The background check and criminal history affidavit will be renewed every two (2) years. Staff will be trained by the Project Coordinator in all aspects of the program and in the necessary documentation. Continual support and working as a team builds a strong staff commitment to the CIS /CYD mission and ensures success. The Project Coordinator will conduct job shadowing to assist new personnel in fully understanding the program. Volunteers will have access to on -going training through written information and workshops. Staff will act as advisors to mentors /volunteers to encourage and help in any situation that may arise. In case of staff vacancy /absence, the Project Coordinator will fulfill the duties of the staff. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information -6- provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking form must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following bi ling schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 -7- October 31, 2008 November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 April 30, 2009 May 5, 2009 May 31, 2009 June 5, 2009 June 30, 2009 July 5, 2009 July 31, 2009 August 5, 2009 August 31, 2009 September 5, 2009 V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor Estimate of FY 2008 -2009 Expenditures by June 30, 2009, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule A - Subcontractor Estimate of FY2009 Expenditures Month Estimated Percent of Total Expenditures Budget September 2008 $7,740 9% October 2008 $6,880 8.0% $7,138 8.3% -8- November 2008 December2008 $7,138 8.3% January 2009 $7,138 8.3% February 2009 $7,138 8.3% March 2009 $7,138 8.3% April 2009 $7,138 8.3% May 2009 $7,138 8.3% June 2009 $7,138 8.3% July 2009 $7,138 8.3% August 2009 $7,138 8.3% -9- CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2009 -4 This contract ( "Contract ") is entered into by the following named Subcontractor: CITY: City of Corpus Christi- PARD - CYD 226 Enterprize. Ste 104 Corpus Christi, TX 78405 Telephone: (361) 826 -4028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher the City of Corpus Christi ( "City" or "Fiscal Agent ") and SUBCONTRACTOR: Planned Parenthood of South Texas, Inc. 3536 Holly Rd. Corpus Christi, TX 78415 Telephone: (361) 361 - 855 -9107 FAX: (361) 361- 855 -6822 Contact Person: Amanda Stukenberg Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A -1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $30,000.00 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved 1VIy . 1'Z , 2008; Subcontractor: Planned Parenthood of South Texas, Inc. City of Corpus Christi Angel Escobar Interim City Manager By: Name: Title: tb t , 4., t3 r} 4ff-oir e-7 By: Name: Amanda Stukenberg Title: Executive Director Date: 11/4/08 Attachment A -2 STATEMENT OF WORK Subcontractor: Planned Parenthood of South Texas Program Name: Youth Responsibility Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: PPST will provide education, group mentoring and pre - employment and recreational activities for 300 youth aged 10 -17 with a goal of improving life skills and reducing juvenile violence. The program will have four strategies. Three of these strategies will be offered at middle and high schools located in and around the 78415 area, working in collaboration with school counselors at the school sites. Young Men United, She Thing, and Teen Talk are 26 week programs held before or after school on Baker, South Park and Carroll campuses for 2200 youth during the school year. On the two middle school campuses, girls -only and boys -only groups will be offered; on the high school campus one co- educational group will be offered. In addition to the three campus -based strategies, pre - employment training and community service opportunities will be provided to 80 youth at PPST's two offices in the 78415 zip code during after - school and vacation hours year round. This is an ongoing program and the length of participation for youth will vary. Strategy #1: Young Men United The Young Men United (YMU) project will provide before and after school mentorship, activities and life skills training to 80 middle school boys at Baker and South Park Middle Schools in the 78415 zipcode (40 young males per site). The twenty -six week program includes information, discussion and activities to improve youth's skills in goal setting, decision making, communication, refusal skills, budgeting and planning for employment/college, and building healthy relationships. Topics covered will include taking responsibility for one's actions, peer pressure, bullying, hazing, harassment, fighting, smoking, alcohol and drug abuse. Students will develop life plans, create personal and household budgets, and build resume files in anticipation of applying for college, job training and employment. Activities will include parent -child events, field trips, community service and graduation ceremony. The program is based on the Stay Smart curriculum, and draws also from the Hovenes Con Palabra curriculum which emphasizes the importance of young men learning respect and responsibility for themselves, their families and their communities. Participants will increase self - efficacy (the belief they can handle problems) using the Schwarzer Self- Efficacy Scale. Strategy #2: She Thing The She Thing project will provide before and after school mentorship, activities and life skills training for 80 middle school girls at Baker and South Park Middle Schools in the 78415 zip code (40 female youth per site.). The twenty-six week programs information, discussion and activities to improve decision -4- making, communication skills, goal setting, building healthy relationships, refusal skills, budgeting and planning for job training, employment or college, and understanding media images and messages. Topics will also include peer pressure, bullying, hazing, harassment, fighting, smoking, alcohol and drug abuse. Students will develop life plans, create personal and household budgets, and build resume files in anticipation of applying for college, job training and employment. Activities would include parent -child events, field trips, community service and graduation ceremony. The program uses the Girls Circle curriculum, recognized as a "promising approach" in the Model Programs Guide of the Office of Juvenile Justice and Delinquency Prevention. Groups will encourage mentor -like relationships between ' the participants and the adult group leaders, while providing ongoing opportunities for learning life lessons relating to career goals, communication skills, decision - making, violence prevention, healthy relationships, as well as opportunities for volunteering and community service. Guest speakers will be invited to enhance students' interests in career exploration. Participants will develop positive relationships with peers and adults; communicate feelings and needs effectively — using words; show empathy; treat self and others with respect; explore options before making decisions; make healthy choices regarding nutrition, self care and activities; avoid sex; avoid drugs and alcohol; create a positive female identify; set goals for self related to education and the future; seek adult help to reach goals. Participants will increase self- efficacy (the belief they can handle problems) using the Schwarzer Self- Efficacy Scale. Across the country there has been a sharp increase in girls fighting each other, and even posting the fights on in the internet. The She Thing program specifically addresses strategies to reduce fighting by increasing each participant's skills in handling pressure at school and at home. Strategy #3: Teen Talk PPST will provide weekly during and after school programs for 60 high school students at Carroll High School and Ray High School, addressing life skills, decision making, communication skills, building healthy relationships, budgeting and planning for employment/college, peer pressure, coercion, bullying, hazing, harassment, fighting, smoking, alcohol and drug abuse. The program is based on the Stay Smart and Girls Circle curricula, and is an extension of the She Thing and Young Men United programs adapted for high school age youth. The Teen Talk groups are coeducational, allowing males and • females to discuss important issues together. Participants will develop positive relationships with peers and adults; communicate feelings and needs effectively — using words; show empathy; treat self and others with respect; explore options before making decisions; make healthy choices regarding nutrition, self care and activities; avoid sex; avoid drugs and alcohol; set goals related to education and the future; seek adult help to reach goals. Students will develop life plans, create personal and household budgets, and build resume files in anticipation of applying for college, job training and employment. Participants will increase self- efficacy (the belief they can handle problems) using the Schwarzer Self- Efficacy Scale. -5- Strategy #4: Pre - employment Training and Community Service The community service and pre - employment training component will provide 80 youth with programs at PPST's Dillon Lane Center off Ayers or the Holly Center at 3536 Holly Road (within walking distance of Carroll) where they can volunteer community service hours, learn pre - employment skills, and participate in one -on -one and group activities that address juvenile crime. Issues covered will include harassment, bullying, hazing, fighting, street and date rape drugs, acquaintance rape, drug and alcohol abuse, steroids, coercion, stereotyping, smoking and body image. The program also offers opportunities to learn about office etiquette, communication skills with employers, and career exploration. The strategy will encourage youth to set educational goals that meet job requirements, thereby reducing school failure and drop -outs which are key to reducing juvenile crime. Students will develop life plans, create personal and household budgets, and build resume files in anticipation of applying for college, job training and employment. Participants' self - efficacy (belief they can handle problems) skills will be evaluated using the Schwarzer Self - Efficacy Scale. This program will be promoted during summer months when youth are more likely to be unsupervised and involved with risk activities. 2) Location where services will be provided: The three school campuses where programs will be held are: Carroll High School (Weber Road, 78415), South Park Middle School (3001 McArdle 78415), Baker Middle School 3445 Pecan (78411). The two agency facilities where services will be provided are the Dillon Lane Center located at 4410 Dillon Lane, Suite 1, Corpus Christi, Texas 78415 (in the Commerce II office park where Ayers and Port divide, across from the Department of Human Services office and behind the Juvenile Justice Center on Gollihar), and the Holly Road Center at 3536 Holly Road, within walking distance of Carroll High School. The two centers are both in the 78415 zip code, which makes services accessible for participants across the area. 3) Inclusive dates of Service: From September 1, 2008 to August 31, 2009 4) Days and Hours of provided services: The Teen Talk, YMU, and She Thing programs are offered at the three school sites before and after school, providing participants with safe and accessible activities during the school year. By providing programs on campus, students will have access to participate and can address the issues they face on campus. The Community Service /Pre - Employment program is offered year round. It is held after school on weekdays and two evenings a week until 7 p.m., on weekends, and during vacation, giving youth access to programs and opportunities to complete community service when they might otherwise be unsupervised. The Dillon Center is open 8:30 -6 on Mondays and Fridays; 8:30 -8 on Tuesdays, 8:30 -7:00 on Thursday, and 8:30 -5. The Holly Center is open Mondays, Tuesdays, Wednesdays and Fridays 8:30 -5:00 and Thursday evenings until 7:00. Some of the community service opportunities include written feedback forms can be completed at the office or taken home, allowing youth to work on their projects both onsite or at home throughout the week. -6- 5) Number of unduplicated youth to be served /adults to be served (if applicable): 300 6) Describe the target population to be served: Youth ages 12 —17 years of age. 7) Describe each goal of the service and /or program, including the impact on juvenile crime: Goal(s): Provide programs to youth ages 12 -17 that will increase their communication skills, improve goal setting and life planning skills. Objective(s): Will provide Young Men United program to 80 middle school male adolescents and provide She Thing program to 80 middle school female adolescents. Will provide Teen Talk program to 60 high school youth. Will provide pre - employment training along with community service opportunities to 80 youth. 8) How will this service be available to families without transportation: Three of the four strategies will be provided on school campuses before, during and after school. By making the services available at the school sites, the program will be accessible for all youth on the campuses served and will be integrated with their school experience. On the school campuses youth will be supervised by PPST educators and school counselors who will help coordinate the program. By offering programs before and after school, PPST staff will ensure students have a safe place to gather in a supervised, structured environment for the critical hour before school starts and after it lets out. When after - school programs end, PPST staff will remain onsite and provide supervision to ensure all youth have safe transportation home. Because these programs are held at local schools, many participants will be able to walk home. Off site trips and activities will be provided with parental participation, with parents providing transportation via car or bus. The community service component will be provided at PPST's Dillon Lane Center off Ayers which is accessible by bus service or by car, and also its Holly Road offices which is within walking distance of Carroll High School. 9) Describe the "safe passage" plan for youth /families without transportation: On the school campuses youth will be supervised by PPST educators and school counselors who will help coordinate the program. By offering programs before and after school, PPST staff will ensure students have a safe place to gather in a supervised, structured environment for the critical hour before school starts and after it lets out. When after - school programs end, PPST staff will remain onsite and provide supervision to ensure all youth have safe transportation home. 10)Staffinq: Describe the staffing plan for FY08, including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: Staff who will administer the program are in place and have been screened and trained specifically for this program. Volunteers for the program will be recruited, -7- screened and approved by the Executive Director who has 16 years of experience in hiring and supervising staff. All staff have completed criminal background checks initially and every other year, all references are contacted, and no staff person is left alone to supervise a minor without other adults present. Volunteers are held to the same standards as paid staff. All staff and volunteers are evaluated after a three month probationary period, and then annually. In the event of staff vacancies and /or staff absences, PPST has other education staff trained and ready to work with the target population. The back -up staff have completed all appropriate screening, background checks, and training, and will ensure that youth are never left unsupervised or understaffed. All staff carry Nextel phones so they can contact backup support in an emergency. The Director of Education, has an MS in Counseling and Educational Psychology, and teaches Health at Texas A &M- Corpus Christi. She has nine years experience in her current position, plus two years as a case manager for Communities in Schools, two years as a trainer for Lutheran Social Services of South Texas working with youth in foster care, and two years as a substitute teacher. Additional staff carry Bachelor's Degrees in Criminal Justice, have Case Manager experience, one carries an MS in Counseling and all have experience running the programs for the past four years. Under their leadership the number of participants in our educational program has grown each year, and the number of different schools, agencies and groups requesting their programs more than doubled. The youth participating in their programs have demonstrated on pre and post tests their increase in knowledge, and feedback from youth participants, parents and community partners is extremely enthusiastic. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking forms must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. -8- III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must Ike documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking Forms d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 October 31, 2008 November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 -9- April 30, 2009 May 5, 2009 May 31, 2009 June 5, 2009 June 30, 2009 July 5, 2009 July 31, 2009 August 5, 2009 August 31, 2009 September 5, 2009 V. EXPENDITURE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor Estimate of FY 2008 -2009 Expenditures by June 30, 2009, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule A - Subcontractor Estimate of FY2009 Expenditures Month Estimated Percent of Total Ex • enditures Budget September 2008 $2,500 8.3% October 2008 $2,500 8.3% November 2008 $2,500 8.3% December 2008 $2,500 8.3% January 2009 $2,500 8.3% February 2009 $2,500 8.3% March 2009 $2,500 8.3% April 2009 $2,500 8.3% - 10 - May 2009 $2,500 8.3% June 2009 $2,500 8.3% July 2009 $2,500 8.3% August 2009 $2,500 8.3% -11 CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2009 -6 This contract ("Contract ") is entered into by the following named Subcontractor: CITY: City of Corpus Christi -PARD -CYD 226 Enterprize Ste. 104 Corpus Christi, TX 78405 Telephone: (361) 826 -4028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher the City of Corpus Christi ( "City" or "Fiscal Agent ") and SUBCONTRACTOR: YMCA of the Coastal Bend 417 S. Upper Broadway Corpus Christi, TX 78401 Telephone: (361) 361- 882 -1741 FAX: (361) 361- 882 -1427 Contact Person: Jim Scoville Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A -1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $ 35,000.00 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved XIV, /2.. , 2008; By: Name: I� +'"c_= deq- -4 l ctr Title: 5r ,J� City of Corpus Christi Angel Escobar Interim City Manager Subcontractor: YMCA of the e6astal Ben By: Namg4ames E. Scoville Title: President / CEO Date: Attachment A -2 STATEMENT OF WORK Subcontractor: YMCA of the Coastal Bend Program Name: Youth Advisory Committee I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: The 78415 Youth Advisory Committee program is designed to teach and assist youth is becoming actively involved with the CYD program and their surrounding community. The YAC will meet once a month where they will discuss their CCC participation, their YAC requirements and various activities. Each month, they will be offered a different activity that will ultimately enhance their leadership skills. Activities will include working on community projects such as food, clothing and toy drives, recycling, park clean -ups or other projects determined to meet the community needs. The members will also participate in a Ropes Course at the beginning of the year and at the end of the year to help build trust and respect with each other and increase appropriate communication. Lastly, the youth will be involved in creating a Youth Summit for the entire 78415 area and will also assist with the Fall and Spring CYD Community Events. All YAC students will be encouraged to take the lead in projects and to serve as a voice for the community. Active participation in the CCC will be highly stressed including encouraging attendance to all the meetings not just by the two required members. Also, the YAC members will be utilized in planning a 78415 Youth Summit where all CYD youth will be invited to attend and learn skills from other CYD providers and speakers. The YAC members will also be responsible for soliciting feedback from other CYD youth participants and they will work on administering surveys to their peers. This will also assist in recruitment for the program by helping to develop flyers and posters and assisting in recruitment at community meetings. All YAC students will receive a free membership to the YMCA of the Coastal Bend, for as long as they are in the YAC program. The most active members will be awarded with a trip to the annual Teen Summit. In addition, the YMCA will be providing the Y- Leaders Program. The YMCA's Y- Leaders purpose is to help middle and high school students become responsible citizens and future leaders. Y- Leaders is a program designed to teach students leadership and have them become actively involved with their community. Various projects allow the students the opportunity to take what they have learned and apply their skills to real life situations. Y- Leaders will enhance students leadership skills by -4- attending meetings, identifying characteristics of leadership, practicing leadership skills within the meetings, and finally, utilizing those leadership skills in the community. Each student will be required to either organize a meeting or plan a community service project. Students will also participate in District and State Competitions allowing students to demonstrate leadership, debate, knowledge of government, marketing /media skills and organizational skills learned through the YMCA Youth Leadership Program. Students qualifying at District level go on to State competition. The Y- Leaders will also develop communication and teambuilding skills by learning to build trust and respect, increase appropriate communication and bring teams together. Finally, the Y- Leader students will examine what it means to make healthy choices in their lives. They will learn about and discuss what a "healthy" choice means for them, peer pressure, their own values and beliefs, and how to find support for their values and beliefs. We feel that it is important for a leader to be aware of their belief systems and be able to make appropriate choices for their lives. In doing so, they model healthy choices and demonstrate leadership skills. 2) Location where services will be provided: 1. Carroll High School; 5301 Weber, Corpus Christi, TX 78411 2. Moody High School, 1818 Trojan Dr., Corpus Christi, TX 78416 3. Ray High School, 1002 Texan Trail, Corpus Christi, TX 78411 4. Baker Middle School, 3445 Pecan Dr., Corpus Christi, TX 78411 5. South Park Middle School, 3001 McArdle, Corpus Christi, TX 78415 6. YMCA of Corpus Christi, 417 S. Upper Broadway, Corpus Christi, TX 78401 3) Inclusive dates of Service: From September 1, 2008 to August 31, 2009 4) Days and Hours of provided services: Programs will be held before and after school at different campuses. The YAC committee will meet at 4:OOpm on Thursdays and also on some Saturdays. 5) Number of unduplicated youth to be served /adults to be served (if applicable): 50 youth 6) Describe the target population to be served: Eligible Middle School and High School students including area CYD students from other providers ages 14 — 17 years of age. 7) Describe each goal of the service and /or program, including the impact on juvenile crime: - 5 - Goal(s): YAC students will demonstrate leadership skills by the end of the school year. Community Service Projects will teach students the importance of being a part of making their community a better place. Objective(s): Each student will have experienced at least one leadership role such as leading a meeting or community service project. As each student completes this goal, a leadership training certificates will be maintained in each student's personal file; All students will have participated in at least two Community Service Projects. Students will sign in at the Community Service event and copies of the attendance will be maintained on file. 8) How will this service be available to families without transportation: During school days they will go to the classroom at the designated program time. Students will always be supervised by the YAC Coordinator (Outreach Director) when participating in meetings or activities. Field trip transportation will be secured through a contracted service. When traveling, students will be supervised by the YAC Coordinator (Outreach Director) 9) Describe the "safe passage" plan for youth /families without transportation: The YAC Coordinator will be present at all meetings to supervise the students. When arranging for transportation, permission slips will be obtained. While students wait for transportation, an adult will be present in order to secure their safety. 10)Staffinq: Describe the staffing plan for FY09, including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: The YAC program will be supervised by the YMCA Director of Outreach, a person hired specifically for the 78415 programs. The Director of Outreach will have the qualifications to work with youth and run the YAC / CYD programs. The Outreach Director will be supervised by the Director of Program Development, Child Care and Outreach Services. Both positions will be ultimately supervised by the CEO /President of the YMCA of the Coastal Bend. The Director of Outreach will employ additional staff to assist in providing services to the program. In addition, the Director of Outreach has developed a written curriculum which in broken down into weekly lesson plans. Each staff person will be trained and will follow this curriculum. In the case of absences or vacancies, each of the Directors and additional staff are trained to step in and utilize the developed curriculum as well. -6- II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A Monthly Participant Summary Sheet must be completed for every participant receiving services(s) on a monthly basis. The Monthly Participant Summary Sheet must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Monthly Participant Summary Sheets must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Monthly Participant Summary Sheet must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly Participant Summary Sheet. d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form -7- Subcontractor will adhere to the following bi ling schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 October 31, 2008 November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 April 30, 2009 May 5, 2009 May 31, 2009 June 5, 2009 June 30, 2009 July 5, 2009 July 31, 2009 August 5, 2009 August 31, 2009 September 5, 2009 V. EXPENDITURE SCHEDULE Subcontractor agrees that if after careful review by the Fiscal Agent it does not appear that the subcontractor will utilize all funding by the end of the third quarter (April 20, 2008), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction to Subcontractor's budget and give Subcontractor fourteen (14) calendar days to respond. If Subcontractor does not respond within fourteen (14) calendar days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within fourteen (14) calendar days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule A is provided as an estimate and will not limit the provider on expenditures. -8- Schedule A - Subcontractor Estimate of FY2009 Expenditures Month Estimated Percent of Total Expenditures Budget September 2008 $3,255 9.3% October 2008 $3,255 9.3% November 2008 $3,255 9.3% December 2008 $3,255 9.3% January 2009 $3,255 9.3% February 2009 $3,255 9.3% March 2009 $3,255 9.3% April 2009 $3,465 9.9% May 2009 $2,187.50 6.25% June 2009 $2,187.50 6.25% July 2009 $2,187.50 6.25% August 2009 $2,187.50 6.25% -9- CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2009 -8 This contract ( "Contract ") is entered into by the following named Subcontractor: CITY: City of Corpus Christi - PARD -CYD 226 Enterprize Pkwy, Ste. 104 Corpus Christi, TX 78405 Telephone: (361) 826 -4028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher the City of Corpus Christi ( "City" or "Fiscal Agent ") and SUBCONTRACTOR: YWCA of Corpus Christi 4601 Corona Dr. Corpus Christi, TX 78411 Telephone: (361) 361 -857 -5661 FAX: (361) 361- 857 -0254 Contact Person: Nancy Wesson -Dodd Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference. Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $ 50,000 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: City of Corpus Christi Armando Chapa City Secretary Legal form approved 1tt,i . ) u By: 2008; Name: 1.- s:. Title: „1k -4,, - Ac•fi-,t., Angel Escobar Interim City Manager Subcontractor: YWCA of Corpus Christi By: AAA, K -' -i Name:/l/u n.c/ ale ccc ,v- Do bZ Title: & ecun vF Dream L.70e_ Date: 11- 41- a S Attachment A -2 STATEMENT OF WORK Subcontractor: YWCA of Corpus Christi Program Name: YW -Teens Year -Round Programming I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail This program addresses the need to reach individual girls before their environments overwhelm them with negativity. They need desperately to see and feel success and to experience the one -on -one attention from adults that gives them the desire to set goals and meet them. In order to reach as many girls as possible, at as deep a level as possible, the YWCA YW -Teens Program has four phases. First, the YW -Teens groups are year- round, weekly events (plus two Saturdays per month) for 5th -grade girls that emphasize psychosocial skills rather than strictly educational and /or arts & crafts programs, like those of the host settings (78415 schools). The YW -Teens Clubs assist girls in developing healthful lifestyles so they can achieve their full potential as productive, self - sufficient adults. Preventive in nature, the Clubs allow us to reach at -risk girls before they make major life- shaping decisions, or as they try to make the best of the life path they have already begun. The curriculum focuses on self- awareness, communication, decision - making, group interaction, manners and etiquette, maintaining a healthy body, leadership development, community service, peer pressure and socialization. The Saturday sessions are two -hour swim times when we "immerse" the girls in all phases of the program, including good times! Twice a year we have an all night lock -in for the girls as well. YW -Teens is for all girls of the appropriate age /grade and is not to be used as a reward or punishment by YWCA staff or staff in the host settings (78415 schools). Second, the YW -Teens Leadership Camps are intensive, one -week workshops for girl's ages 10 -12 designed to teach young girls group dynamics, leadership skills and multi - cultural communications skills. The YW -Teen Leadership Camp provides the girls (during June, July, and August) the opportunity to learn how to establish short and long -term goals and the steps it takes to be successful in achieving their goals; express their own creativity; open their eyes to their strengths, personal qualities and values; learn how to be a leader in a tough world; explore continuing education choices and career options. Throughout the workshop special speakers and community leaders, who have overcome the same obstacles the girls face, relate their stories and encourage the girls to reach higher with greater confidence. The workshop culminates in a moving graduation ceremony in which each girl's strengths are listed, read aloud, and printed on her graduation certificate. -4- The third portion of the YW -Teens Program is the YW -Teens Transition groups. This fourteen week curriculum is designed to reinforce the skills and knowledge the girls attained during Leadership Camp and YW -Teens groups. Additionally the curriculum addresses time management, study tips, and personal responsibility. Open to all 6th grade girls who are moving into Middle or Junior High School, the curriculum stresses the importance of maintaining a sense of self in an environment fraught with the dangers of violence, drugs, abandonment, poverty and illiteracy. In the YW -Teens Leadership Camp, many of these girls have had the opportunity to witness first -hand the benefits of education, self- esteem, personal drive and mentors. The Transition Course strengthens these skills and insights to help the girls deal with their challenges' while making the transition to their new school, This phase is culminated with an all night lock -in at the YWCA to celebrate the achievements. The fourth phase is the YW Families and Their Futures program. This program assists parents, especially those of 5th and 6th graders, to improve their communication techniques with their children when having to discuss sensitive topics such as sexuality, peer pressure, puberty, pregnancy prevention, sexually- transmitted diseases and abstinence. The YW Families and Their Future curriculum instructs parents about how important it is for them to have ongoing communication with their children about emerging adolescence. Convincing parents that research shows they are still the most significant influence in their children's lives is a huge challenge and this program does that. The program's goal is to give parents the facts so that they can be their child's primary educator on these sensitive sexuality issues. While the YWCA works with the girls, it is important that the parents, too, are gaining knowledge and confidence as parenting moves to a new level. The course is four one -hour sessions per group. Four one -hour sessions per school will provide assistance for many families. 2) Location where services will be provided: 1. YWCA, 4601 Corona, Corpus Christi, TX 78411 2. South Park Middle School: 3001 McArdle, Corpus Christi, TX 78411 3. Central Park Elementary: 3602 McArdle, Corpus Christi, TX 78415 4. Houston Elementary: 363 Norton, Corpus Christi, TX 78415 5. Kostoryz Elementary: 3602 Panama, Corpus Christi, TX 78415 6. Lexington Elementary: 2901 McArdle, Corpus Christi, TX 78415 3) Inclusive dates of Service: From September 1, 2008 to August 31, 2009 4) Days and Hours of provided services: Programs generally occur between 8:00 a.m. and 5:30 p.m. weekdays at the convenience and availability of the host sites. The recreational swims, "lock- ins," Reading Rally and numerous other activities occur at the YWCA on the weekend during operational hours of the facility. 5) Number of unduplicated youth to be served /adults to be served (if applicable): 300 youth -5- 6) Mentor to youth ratio: 1 to 10 a) Number of contact hours per week/per month: 45min. — 1 hour; additional hours on occasional weekends 7) Describe the target population to be served: The United Way of the Coastal Bend recently published its "12 County Needs Assessment" report. The report characterized children in the 12 County Region as "much more vulnerable" to teen pregnancy, substance abuse, antisocial behavior and /or neglect. The UW recommended that "an increased emphasis should be placed on programs at the elementary and middle schools that focus on choosing positive alternatives to use and that provide positive opportunities to interact in safe supervised environments"; that "children ... need more opportunities to receive academic enrichment outside of the normal school day"; and "school districts, social service agencies, and businesses should continue coordinated efforts to ensure that students are properly prepared to enter adulthood with suitable skills." The needs and characteristics of the youth of the 12CR are concentrated and exaggerated in the 78415 ZIP code. But the YW -Teens Programs address these needs and recommendations with the various activities that enhance the girls' self - worth and develop the girls' bodies and minds. These strategies are specifically designed to develop a strong sense of personal responsibility to self, family, school, neighborhood and community. Youth to be served are 4th & 5th grade girls. 8) Describe each goal of the service and /or program, including the impact on iuvenile crime: Goal(s): To bring CYD Y -Teen programs to the 78415 zip code residents in order to reduce the negative social effects of residing in a high crime area. Objective(s): Within a twelve month period YWCA of Corpus Christi will reach 300 unduplicated participants through their Y -teen programs which includes outreach, teaching of life skills and providing positive adult role models. 9) How will this service be available to families without transportation: The YW -Teen programs are conducted at the schools or community sites by YWCA staff and volunteers during the school day and after school. By providing the program in host settings (the schools and community centers), the YWCA brings the program to the girls and therefore, transportation is not a problem. Recreational swims, "lock- ins ", the Reading Rally and numerous other activities occur at the YWCA during weekends and school holidays. At these events, the girls' families provide transportation to the YWCA. The YWCA is on an RTA bus route, which allows additional transportation. 10)Describe the "safe passage" plan for youth /families without transportation: Motor vehicle checks are run on all drivers for the YWCA. Background checks and screening take place on all volunteers and personnel involved with the YW- Teens. The safety of the youth is addressed by code compliance at the YWCA and the host sites, as well as criminal background checks on all adults (staff and volunteers) involved with the YW- Teens. -6- 11)Staffing: Describe the staffing plan for FY09, including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: The YWCA utilizes many of the local resources to post job openings; newspaper, Texas Work Force Commission, Family Services at Naval Air Station, Del Mar College Placement Department, A &M Career Placement Department, Senior Community Employment Program, Craig's List and the Education Service Center to name a few. Potential employees are required to submit a resume or an application and 2 letters of reference from current or past supervisors. Submitted paperwork is reviewed and applicants that do not meet required qualifications are not processed. Applicants are asked the same set of questions during the interview process. Next, applications are ranked based on job experience and discussed with the Executive Director. Once applicants have submitted completed paperwork, the interview has been conducted and the final selection has been made the Associate Director calls and offers the position. (The application has a section where the applicant is asked if they have ever been convicted of a crime). Once an employee is hired, a criminal background check is performed. In addition to the background check employees are required to complete a criminal history affidavit. The YWCA has a set job description along with a check off training sheet for job positions. Job duties and requirements are gone over step by step with the new employee's supervisor. In the event that a staff is unable to perform duties other staff from the YW -Teens department will be rescheduled to cover their group sessions. The Associate Director and Executive Director will fill in if appropriately trained staff are unable to cover the groups. This process is used for vacancies and absences. The ratio of staff to youth is 10 girls for every facilitator and volunteer. All staff meet a minimum requirement of education and youth experience: a. The Director position requires a bachelor's degree and two years experience with youth. b. The Coordinator position requires at least 60 hours of college and two years experience with youth. c. The Facilitator positions require at least 60 hours of college and one year of experience with youth. All new staff are mentored by an experienced staff at host sites before taking responsibility for a group. Staff will attend workshops and trainings presented at the local University and College as well as collaborative agencies as they become available. All staff will meet weekly with the Program Director for supervision, training and program development. Volunteers assist YWCA staff at the weekly TW Teen groups and Transition program. Our goal is to have dedicated volunteer attend each group weekly with the -7- YWCA staff for the entire school year. Volunteers are also utilized to mentor girls during Leadership camp, weekend swims, lock -ins, and other events. Volunteers bring additional perspective to the program that helps to enrich the participant's experience. Volunteers also help in communicating the successes of the program to the community. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s),.TDFPS, and the state- agency - responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking form must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking From d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) -8- e. Any Change of Information to participants registration /consent form. f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following bi ling schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 October 31, 2008 -- November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 April 30, 2009 May 5, 2009 May 31, 2009 June 5, 2009 June 30, 2009 July 5, 2009 July 31, 2009 August 5, 2009 August 31, 2009 September 5, 2009 V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor Estimate of FY 2008 -2009 Expenditures by June 30, 2009, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. -9- Schedule A - Subcontractor Estimate of FY2009 Expenditures Month Estimated Percent of Total Expenditures Budget September 2008 $4,850 9.7% October 2008 $4,850 9.7% November 2008 $4,850 9.7% December 2008 $6;450 12.9% January 2009 $4,500 9% February 2009 $3,550 7.1% March 2009 $4,500 9% April 2009 $3,550 7.1% May 2009 $3,100 6.2% June 2009 $3,750 7.5% July 2009 $3,750 7.5% August 2009 $2,300 4.6% - 10 - CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2009 -7 This contract ( "Contract") is entered into by the the following named Subcontractor: CITY: City of Corpus Christi -PARD -CYD 226 Enterprize Pkwy, Ste 104 Corpus Christi, TX 78405 Telephone: (361) 826 -4028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher City of Corpus Christi ( "City" or "Fiscal Agent ") and SUBCONTRACTOR: Youth Odyssey Inc. PO Box 331394 Corpus Christi, TX 78463 Telephone: (361) 361- 946 -6016 Contact Person: Rebekah Koeller Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A -1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $30,000 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: City of Corpus Christi Armando Chapa City Secretary Legal form approved By: Name: Title: eYlANI 10 2008; v1v e\ Angel Escobar Interim City Manager Subcontractor: Yo s Inc. By: /r 1 Name: berit rl otellee Title: Prrograin D?edcP- Attachment A -2 STATEMENT OF WORK Subcontractor: Youth Odyssey Program Name: Adventure Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: Adventure Challenge Programs are memorable experiences. A willingness to challenge oneself physically and emotionally is an integral component of Youth Odyssey's programming. Pushing oneself this way enhances self - reliance, self - confidence, leadership skills and communication skills. Programming Sessions last 6 — 9 weeks and are comprised of the following: 4 Portable Ropes Course Challenge Sessions that will serve a max of 15 youth per session. The onsite activities are two -hour sessions. 2 Stationary Ropes Course Challenge Sessions that will serve a max of 13 youth per session. These are from 9:00 a.m. until 3:00 p.m. 1 Adventure Wilderness Trip that will serve a max of 12 youth on each trip. The trips are from Friday afternoon till Sunday afternoon. 1 Graduation Trip that will serve a max of 12 youth on each trip. The trip is a local overnight campout that includes parents, youth, and volunteers. Awards are provided for each participant. Description of Programming: a. PORTABLE AND STATIONARY ROPES CHALLENGE COURSE Ropes Courses are a unique and powerful way to foster team development and personal growth. The Portable Ropes Challenge Course consists of the Mobile Climbing Wall (High Element) and the Portable Low Elements. Portable Ropes Courses are typically 2 -hour sessions for each element and are conducted onsite at the referring agency. The Stationary Ropes Challenge Course is located on Hwy 37 and is comprised of an all day session. Low Elements During the low elements portion of a Ropes Challenge Course, the focus is on the team. Activities draw on the knowledge and ideas of every group member and require the participation and cooperation of the entire team. Activities are performed on or close to the ground, gradually increasing in difficulty so the team can learn from its successes and build trust and confidence as obstacles are overcome. -4- High Elements The High Elements of a Ropes Course emphasizes individual challenge and accomplishments and is built on the team development and trust established on the Low Elements. The High Elements are an extremely powerful developmental tool because of the perceived risk of each activity. The High Elements allow the youth to expand their comfort zones and overcome fears that can block personal development and achievement. The High Elements of the Portable Ropes Course is the Mobile Climbing Wall. Processing at the closure of each experience includes reflection, evaluation and goal review to help the youth derive meaning from the experience and how it applies to their lives. b. ADVENTURE WILDERNESS TRIP PROGRAM The wilderness is a place where nature is dominant and situations and their consequences are real. Camping in these conditions, away from the distractions of modern civilization fosters self - reliance, respect and a sense of responsibility for youth's own actions. Youth Odyssey's programs are designed based on the nationally recognized National Outdoor Leadership Schools (NOLS) and Outward Bound. Through the outdoor experience, in addition to learning outdoor skills, teens respond to physical challenges and learn to overcome obstacles through problem solving. Youth are guided through activities, which enable them to build self- esteem, self - confidence, cooperation, leadership skills, and team building. Teens expand their horizons beyond concrete and asphalt and to learn about themselves, nature and their environment. Each youth spends 3 days with caring adults in an environment that teaches them more effective ways of relating to others and healthier ways of valuing themselves. Each Youth Odyssey Wilderness Adventure trip meets at 5:00 p.m. on Friday evening for transportation by Youth Odyssey's 15- passenger van to a campsite. They return by 6:00 p.m. Sunday evening to the original meeting place. Youth Odyssey provides all equipment and supplies for each trip and gives each youth a list of suggested clothing and personal accessories that may be needed. Basic camp craft, hiking, and backpacking are taught on each trip. In addition depending on the location of the trip, kayaking, rock climbing, and other activities are also taught. Youth are also introduced to the concept of environmental stewardship through "Leave No Trace" ethics. This concept teaches an acceptance of personal responsibility for maintaining the health and beauty of the natural environment. Each activity during the weekend includes reflection, evaluation and goal review to help the youth derive meaning from what they have experienced and how the experiences apply to their lives. Also, the whole team processes the entire day's refection on Saturday night around the campfire and this is reported as one the youth's favorite part of the trip. -5- Sequence of Development Whether on an Adventure Wilderness Trip or on a Ropes Challenge Course, youth progress through carefully planned activities that build leadership, problem - solving skills, trust, teamwork, self- confidence, and communication skills. Learning and development follows a sequential process and the effectiveness and mastery at one level contributes to each subsequent level. They are: • Goal Setting — Goal Setting is a critical component since it provides a source of measure. • Awareness — Awareness activities are designed to assist youth in feeling more comfortable in their group environment and to appreciate the relationship between peers and adults. • Trust — Trust activities focus on one -to -one as well as group trust. • Cooperation — The activities at this level gives the youth a sense of accomplishment through cooperation. • Group Challenge — Activities are "problem- solving" in nature and experiences are related to real life. • Leadership — Leadership activities assist youth in developing leadership skills and experience following a leader. • Application — A follow -up program at the closure of the on -site experience, through a final process session. Reflection, evaluation, and goal review. 2) Location where services will be provided: 1. South Park Middle School, 3001 McArdle, Corpus Christi, TX 78415 2. Carroll High School, Weber Road, Corpus Christi, TX 78411 3. Baker Middle School, 3445 Pecan, Corpus Christi, TX 78411 4. Ropes Course located off of Interstate 37 towards San Antonio 5. Various State Parks including but not limited to Enchanted Rock, Austin, TX and Garner State Park, Concan, TX 3) Inclusive dates of Service: From September 1, 2008 to August 31, 2009 4) Days and Hours of provided services: The Adventure Wilderness trips take place on weekends and holidays. Exact program dates are chosen after a grant is awarded. Reservations at Texas State Parks are made at that time. (Texas Parks & Wildlife require a deposit with reservations and charge a cancellation or transfer fee). Dates for the Ropes Challenge Course will take place in sessions coordinated through each agency's staff. 5) Number of unduplicated youth to be served /adults to be served (if applicable): 72 -6- 6) Mentor to youth ratio: 2 to 15 and 1 to 4 7) Describe the target population to be served: Youth ages 12 -17 years of age to be served. Since programming is voluntary, the target population needs programs they find exciting and enticing and are age appropriate. Because of the high juvenile crime and referral rate in the 78415 zip code area, the programs need to be safe, healthy, and drug free activities. The programs must also have self- confidence building opportunities, assist in the youth developing appropriate peer and adult relationships, and provides opportunities for mastery and competence to address the problems that lead to juvenile crime. 8) Describe each goal of the service and /or program, including the impact on juvenile crime: Goal(s): To bring the Youth Odyssey experience (provide social and life skills development) to at -risk youth residing in the 78415 zip code Objective(s): Within a 3 month period, each participant in a Youth Odyssey class will have increased their social and life skills via outdoor programming to include team building, ropes course, and adventure wilderness survival trip. 9) How will this service be available to families without transportation: Youth Odyssey owns a 15- passenger van. All youth are provided transportation to and from the activities. Youth Odyssey's staff is an experienced driver with valid driver's licenses. Prior to departing to or from any activity site, the staff insures that all participants are properly wearing their seatbelts. Youth Odyssey adheres to a strict maintenance schedule and maintains current insurance coverage. 10)Describe the "safe passage" plan for youth /families without transportation: Youth Odyssey owns a 15- passenger van. All youth are provided transportation to and from the activities. Youth Odyssey's staff is an experienced driver with valid driver's licenses. Prior to departing to or from any activity site, the staff insures that all participants are properly wearing their seatbelts. Youth Odyssey adheres to a strict maintenance schedule and maintains current insurance coverage. Based on the NHTSA report Youth Odyssey has adopted the following procedures for the 15- passenger van: Do not carry luggage on the top of vans. This raises the center of gravity even higher and can increase the possibility of rollover in an emergency maneuver. When the 15- passenger van is not full, passengers should sit in seats that are in front of the rear axle. Tires must be properly inflated and the tread is not worn down. Worn tires can cause the van to slide sideways on wet or slippery pavement. Improper inflation can cause handling problems and can lead to catastrophic tire failures, such as blowouts. Therefore, check tire pressure and tread wear once a month. Driver experience and training in handling loaded 15- passenger vans are critical factors in reducing the risks of rollover. Do not drive when tired or under any conditions that would compromise your driving ability. All passengers MUST be wearing a seatbelt AT ALL TIMES. -7- 11)Staffinq: Describe the staffing plan for FY08 including-staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: All positions require a degree in Psychology, Outdoor Education or related field with professional field experience in: hiking, backpacking, camping, rock climbing, canoeing, and kayaking. Staff Training Required: First Aid, CPR, EMT/Wilderness First Responder, Full Ropes Course and Lifeguard certifications. Must have experience working with youth in a camp setting. The employment screening process includes: Application review, Interview, Background check, Valid Driver's License, Reference and Constant Evaluations. Criteria for Volunteers — The minimum age requirement for an Adult Volunteer is 18 years old. Although there are no maximum age requirements for adult volunteers, selection will be based on the ability of the volunteer to perform certain skills. Some rigorous physical activities such as hiking five to ten miles a day carrying a 50-lb backpack is required on some trips. Past experience in the outdoors is imperative to the selection of the volunteer for the Extreme Outdoor Activities. Evidence of fitness and a release from a health care practitioner if a health condition is present is mandatory. Screening for volunteers: Youth Odyssey performs the same set of standards in selecting volunteers as when hiring employees. Education: All Volunteers with direct contact with youth need to be well versed in how to work with the youth and to handle difficult situations that may arise. Volunteers are required to attend classes provided by Youth Odyssey. The classes will provide classroom instruction on Problem Identification: Signs and Symptoms and Prevention and Maintenance of Aggressive Behavior. Volunteers with all Youth Odyssey activities must have current certifications in Adult CPR and Standard First Aid. Volunteers with the Adventure Wilderness Program (that include belaying) and all Climbing Wall Activities require volunteers to have either documented instruction from a nationally recognized climbing organization, or show mastery of belaying skills from Youth Odyssey's Belay Training. Ratio of Staff to Youth (minimum) Portable Team Challenges 1 -15 ratio Ropes Courses — 1 -6 Adventure Wilderness — 1-4 ratio In the event of vacancies and staff absences — The executive director and program director supervise all staff. Weekly meetings are held to address any on- the -job issues, issues /concerns with the programs, ways to better reach the youth, and general checks on personal well -being and satisfaction with their job and performance. In the case that -8- a staff member has to leave without notice or short notice, the program director and executive director are able to take over the programs and responsibilities. In addition, Youth Odyssey has access to volunteers (all with background checks and clearance) who can step in and lead a program /activity if needed. These volunteers are past employees, teachers, and all have professional training in the activities conducted by Youth Odyssey. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking forms must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. -9- c. Monthly Participant Summary Sheet. d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 October 31, 2008 November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 April 30, 2009 May 5, 2009 May 31, 2009 June 5, 2009 June 30, 2009 July 5, 2009 July 31, 2009 August 5, 2009 August 31, 2009 September 5, 2009 V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor Estimate of FY 2008 -2009 Expenditures by June 30, 2009, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present - 10 - their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule A - Subcontractor Estimate of FY2009 Expenditures Month Estimated Percent of Total Expenditures Budget September 2008 $ 114 .38% October 2008 $ 3090 10.3% November 2008 $ 2760 9.2% December 2008 $ 2850 9.5% January 2009 $ 228 .76% February 2009 $ 2970 9.9% March 2009 $ 3222 10.74% April 2009 $ 3090 10.3% May 2009 $ 5340 17.8% June 2009 $ 2970 9.9% July 2009 $ 2646 8.82% August 2009 $ 720 2.4% CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2009 -3 This contract ( "Contract ") is entered into by the following named Subcontractor: CITY: City of Corpus Christi -PARD -CYD 226 Enterprize. Ste. 104 Corpus Christi, TX 78405 Telephone: (361) 8264028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher the City of Corpus Christi ( "City" or "Fiscal Agent ") and SUBCONTRACTOR: Nueces County MHMR 1630 South Brownlee Corpus Christi, TX 78404 Telephone: (361) 361 - 886 -6900 FAX: (361) 361 - 883 -5842 Contact Person: Diane Lowrance Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference. Contract (Cover Sheet) Performance Measures (Attachment A -1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Nan-ative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $30,000 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: City of Corpus Christi Armando Chapa City Secretary Legal form approved -}1w 12 By: Angel Escobar Interim City Manager , 2008; Subcontractor: Nueces County Mental Health and Mental Retardation Center Name: Title: (n r (a✓ A1-5 A' toVvreS By: 1'J than(� Name: Diane Lowrance Title: Executive Director Date: Nov. 4, 2008 Attachment A -2 STATEMENT OF WORK Subcontractor: Nueces County Mental Health & Mental Retardation Center Program Name: "Student Life Skill" Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: MHMR will introduce the "Student Life Skills" training program for students age 10- 17 located in the 78415 area. The program will offer four, seven week sessions each year. Using the nationally recognized Casey Life Skills curriculum, a case manager, an Aide and a community volunteer will guide the students through lessons and activities all developed to specifically enhance self esteem, healthy relationships, responsibility, appropriate conflict resolution and positive personal development. Topics include: Self- Esteem (self- awareness, emotional well being, body image) Personal Strengths and Needs (personal values, success, perseverance, characteristics of a good leader and why being a leader is important) Behavior in Relationships (respect, caring, honesty, communicating, appropriate responses, trustworthiness) Everyday Etiquette (good manners, appropriate words for displeasure, gossip, thankfulness, role playing) Anger, dishonesty, and disrespect impact on relationships (address abuse, dishonesty, disrespectful behavior and their impact on relationships, physically or emotionally abusiveness, where and how to get help, vandalism and pranks) Spirituality and Personal Growth (spirituality, growth, cultural awareness, spiritual health) All of the skills taught in MHMR's new "Student Life Skills" are essential to becoming a good leader including positive self- esteem, knowledge of personal strengths, appropriate behavior in relationships, etiquette, respectful behavior and personal growth. A key component in the development of leadership skills is having the opportunity to function as a leader. Participants in the Student Life Skills program will be encouraged and supported to develop a leadership plan in which they identify the steps they need to take assume leadership roles in school, church, Scouts, or other community settings. 2) Location where services will be provided: 1. MHMR Youth Services Building, 3733 S. Port, Corpus Christi, Texas 78415 3) Inclusive dates of Service: From September 1, 2008 to August 31, 2009 -4- 4) Days and Hours of provided services: Session 1 September- October Monday- Thursday 4:00 -7:00 Session 2 November- December Monday- Thursday 4:00 -7:00 Session 3 January- February Monday - Thursday 4:00 -7:00 Session 4 March -April Monday- Thursday 4:00 -7:00 The hours of operation will best serve the students as the program is offered after school but is out early enough to allow time for their homework. 5) Number of unduplicated youth to be served /adults to be served (if applicable): 160 youth 6) Describe the target population to be served: The target population of the MHMR "Student Life Skills" program is at -risk students ages 10 -17 who attend school in the 78415. 8) Describe each goal of the service and /or program, including the impact on iuvenile crime: Goal(s): Upon completion of the Student Life Skills Program, youth will have an increased self perception and be able to handle demands of daily life. Objective(s): Youth will be able to describe 3 effective study skills /strategies Youth will be know and understand the impact of caring, respectful, responsible and honest behavior on relationships. Youth will be able to verbalize the steps necessary for effective problem solving and decision making. 9) How will this service be available to families without transportation: Students will be provided with safe, dependable transportation to and from the MHMR building in a rented van driven by a licensed MHMR employee. Students without transportation will be picked up from school at 4:OOpm and delivered to their home at 7:OOpm. 10) Describe the "safe passage" plan for youth /families without transportation: Students will be provided with safe, dependable transportation to and from the MHMR building in a rented van driven by a licensed MHMR employee. Students without transportation will be picked up from school at 4:OOpm and delivered to their home at 7:OOpm. 11) Staffinq: Describe the staffing plan for FY09, includinq staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured. -5- Recruiting staff and volunteers: MHMR uses several sources for recruitment, such as Internet, newspaper, radio, telelvision, job fairs, college recruitment and others. Screening staff and volunteers: MHMR does criminal background checks through DPS for both staff and volunteers, and we may also use the Sheriffs' Department for finger printing purposes for certain programs. Training of staff and volunteers: Training is conducted in accordance to our contractual agreements with DADS, DSHS, TCOOMMI, HCS ECI and others including Joint Commission. In the event of a staff vacancy or absence, the Director of Youth Services will substitute for the Case Manager until a replacement person is hired. Ratio: Each class will have three adults to every ten students. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking forms must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: -6- Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 October 31, 2008 November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 April 30, 2009 May 5, 2009 May 31, 2009 June 5, 2009 June 30, 2009 July 5, 2009 July 31, 2009 August 5, 2009 August 31, 2009 September 5, 2009 V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor Estimate of FY 2008 -2009 Expenditures by June 30, 2009, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to -7- reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule A - Subcontractor Estimate of FY2009 Expenditures Month Estimated Percent of Total Ex • enditures Budget September 2008 $2,490 8.3% October 2008 $2,490 8.3% November 2008 $2,490 8.3% December 2008 $2,490 8.3% January 2009 $2,610 8.7% February 2009 $2,490 8.3% March 2009 $2,490 8.3% April 2009 $2,490 8.3% May 2009 $2,490 8.3% June 2009 $2,490 8.3% July 2009 $2,490 8.3% August 2009 $2,490 8.3% -8 CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2009 -5 This contract ( "Contract ") is entered into by the following named Subcontractor: CITY: City of Corpus Christi -PARD -CYD 226 Enterprize. Ste. 104 Corpus Christi, TX 78405 Telephone: (361) 826 -4028 FAX: (361) 299 -1410 Contact Person: Celina Pulcher the City of Corpus Christi ( "City" or "Fiscal Agent ") and SUBCONTRACTOR: SERCO of Texas 100 E. Royal Lane, Ste 130 Irving, Texas 75039 Telephone: (361) 972 -556 -0671 FAX: (361) 972- 556 -1564 Contact Person: Nickie G. Valdez Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A -1) Statement of Work (Attachment A -2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 FUNDING OBLIGATION: Not to exceed $60,000.00 for FY 2009 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved 2 (2 2008; By: . Name: L:s z ; )1, . l04 Title: ' r 613 -. iltij j.,,' City of Corpus Christi Angel Escobar Interim City Manager Subcontractor: SERCO of Texas By: Name. n Title: I) - f Date: Attachment A -2 STATEMENT OF WORK Subcontractor: SERCO of Texas Program Name: Job Skills Career Mentoring Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: The SERCO Job Skills and Career Mentoring Program is SERCO's proposed project title. The SERCO program proposes to serve five sites: Baker Middle School, South Park Middle School, Carroll High School, Lexington Elementary and Central Park Elementary. Igniting the excitement of our future workforce is the key to student achievement. This program will do just that — inspire students to dream of being successful in a career. Through immersion in hands-on. learning, job shadowing, educational field trips, higher education campus tours and demonstrations, middle school and high school students become aware of careers in their community and the education and training requirements necessary to secure these jobs in the future. Please refer to Appendix A for list of program activities, person responsible, deliverables and timeline. Focusing on current and future high- demand occupations in Texas and in the Coastal Bend, students participating in the program will gain first -hand job experience in the petrochemical and refining industries, health and science careers, advanced technologies and manufacturing, energy and other growing trade and skill sets. Students will also learn about public service professions and other technical jobs including jobs in public safety, government, hospitality and tourism, and other service professions. While inspiring students to plan for their future and gain employment in profitable careers, SERCO's proposed program participants will also learn how their academic subjects apply to these jobs — connecting education to the real world. In recognizing the need to encourage positive past time activities, students participate in outdoor recreation, community service, and field trips to visit local points of interest. Through participation in the program, staff, mentors and other partnering organizations encourage students to evaluate their career options, graduate from high school, and pursue education or training. A combination of group learning and experiences, work site visits, career exploration activities and traditional and career mentoring will offer a unique opportunity for the CYD 78415 program and the target population of students within this zip code. Career mentors and experiences will provide students with a platform for studying traditional academics and learning the skills specific to a career. SERCO's proposed program will better prepare students to plan for their futures as they prepare to enter the workforce while promoting positive activities for youth to be engaged in with less likelihood of engaging in delinquent behavior. MENTORING AND HANDS ON LEARNING - A traditional mentor program will be -4- implemented at both middle schools to provide students with positive support, counsel, and friendship. Students will receive guidance to make healthy decisions and promote long term goals such as college exploration and career exploration. They will have the opportunity to discuss obstacles or frustrations they face in their daily lives in a group setting with their mentors and per group. Participants will be given the opportunity for career mentoring where they will either visit worksites for on- the -job learning of practical skills while being mentored one -on -one. The mentor program will offer opportunities to explore career fields. It will be necessary to ensure that the characteristics of the mentors match up with the characteristics of the mentees. The most obvious of these is gender, but there are many others. Youth of any ethnicity are generally more comfortable with mentors of the same ethnic group. While not always the case, it is an important consideration that can be overshadowed only in certain instances, in which the greater need is to match the educational aspirations of the mentee with the professional accomplishments of the mentor. In the case of grievances between Mentee and mentor, or any other members of the Team, SERCO has established polices and process for managing recognition and interrelation problem solving. We will revise the policy and procedure regarding the removal of the young person from current employer mentorship and re- matching to an appropriate mentor if issues are not resolved. In the U.S. Department of Education model, there are 16 Career Clusters — each has their own knowledge and skills requirements. We will examine as many of these as is possible, with students having the opportunity to talk to professionals in each of the categories 1. Agriculture, Food and Natural Resources 9. Hospitality and Tourism 2. Architecture and Construction 10. Human Services 3. Arts, AN Technology and 11. Information Technology Communications 4. Business, Management and 12. Law, Public Safety and Security Administration 5. Education and Training 13. Manufacturin. 14. Marketin• Sales and Service 6. Finance 7. Government and Public Administration 15. Science, Technology, En • ineerin. and Mathematics 8. Health Science 16. Transportation, Distribution and Logistics Students on both the middle school and high school campuses will be encouraged to undertake the PSAT and SAT or ACT exams, depending on grade level. Fees for these exams will be covered by the grant to encourage goal setting and career planning. JOB READINESS: The high school students will also be offered the opportunity to -5- participate in workshops for resume writing, interviewing techniques, appropriate interview attire, etc. A component of the Youth Summit will be to include various employers to conduct mock interviews with the students while providing feedback for improvement of interviewing skills. In addition, speakers from various fields of interest will be recruited to present information to students on 0i-weekly basis as part of an after school "career club" and these high school students will be offered the opportunity to participate in National Groundhog Job Shadow Day. THE SEX CAN WAIT —PLAY BASKETBALL HOOP FEST will address the issue of teen pregnancy as the 78415 zip code has the highest number of teen pregnancies in the City. Participants will be required to attend two workshops with speakers from area community and health agencies providing information concerning sexually transmitted diseases (STD), and human immune virus /autoimmune deficiency (HIV /AIDS) to inform the students about the consequences of premarital sex. Participants will also participate in a workshop on high demand careers in the area and on applying for college and learning about resources to apply for financial aid. These requirements will be met prior to registering to participate in the hoop fest which takes place over a six week period in the evenings for both boys and girls. While promoting health education, the event also provides a positive after school organized recreational /sports activity for youth. A YOUTH SUMMIT will be planned and led by the youth in the 78415 community for the youth in 78415 to encourage leadership development. A youth planning committee will be recruited to choose date, topics, speakers, location and to facilitate summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. COMMUNITY SERVICE will play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Projects will be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one -day projects such as yard work, painting, cleaning, minor carpentry, for economically disadvantaged senior citizens and others, etc. Applications will be reviewed by youth and selected for implementation quarterly. Community services projects help redirect energies of at -risk youth to more positive social activities. 2) Location where services will be provided: 1. Baker Middle School, 3445 Pecan Street, Corpus Christi, TX 78411 2. South Park Middle School, 3001 McArdle Street, Corpus Christi, TX 78415 3. Lexington Elementary, 2901 McArdle, Corpus Christi, TX 78415 4. Central Park Elementary, 3602 McArdle, Corpus Christi, TX 78415 5. Carroll High School, 5301 Weber, Corpus Christi, TX 78411 3) Inclusive dates of Service* From September 1, 2008 to August 31, 2009 -6- 4) Days and Hours of provided services: Program activities will be provided at the campus sites before school (8- 9:OOam) and during school hours of 9:OOam to 4:OOpm as well as after school (from 4:15 - 5:15pm). In addition, Saturday activities will be coordinated at the South Park Middle School campus site for ROPES program activities and at campus sites to meet for scheduled field trips. Summer programs will run at the campus sites during summer work hours for 4 days a week for 4 weeks with two of these weeks commuting to Del Mar College and Texas A &M University for hands -on learning field trips. 5) Number of unduplicated youth to be served /adults to be served (if applicable): ' 420 youth 6) Mentor to youth ratio: 1 to 10 a) Number of sessions per week / per month: 2 sessions per week for 12 weeks = 24 visits 7) Describe the target population to be served: The youth of 78415 have many barriers and obstacles to overcome that preclude some from achieving their full potential. The following table breaks down the characteristics of the community of 78415 residents. U.S. Census Bureau Demographic Profile Higrhligphts: Total Population 38,414 Hispanic 75.1% High school graduate or higher 68.2% Bachelor's Degree or higher 9.8% Median family income $34,634 Employed (labor force) 61.% Single female household 46.9% Families below poverty line 18.2% Individuals below poverty line 21.2% Male youth 10 to 17 years of age 2,728 Female youth 10 to 17 years of age 2,524 Alternative positive activities after school will increase the sense of self -worth that is needed for these youth to strive for stability and security in their personal lives. The prevention education that they will receive during the school day will assist in helping them understand the consequences of poor choices. This collaboration between SERCO and the District will enable youth to be referred for Workforce Solutions of the Coastal Bend's workforce program support services such as incentives for grade improvement or for passing of TAKS exams, clothing; bus passes for job search assistance. These services are free to youth who meet the eligibility criteria based on family income. The reduction of these barriers to education and employment are in alignment of the needs of youth in this area. 8) Describe each goal of the service and /or program, including the impact on juvenile -7- crime: Goal(s): To teach the 78415 youth, a responsibility to their community, to themselves and to their future. Objective(s): Increase their knowledge of careers of interest Teach the knowledge and importance of goal setting Teach the youth who participate in community service projects an understanding of the need to be involved in the community. 9) How will this service be available to families without transportation: This program is campus based so students will already be on site for the before and after school program activities. For the off campus activities, campuses will request buses from the District's transportation department and bill SERCO for costs. 10) Describe the "safe passage" plan for vouth /families without transportation: All students will be required to have written permission from parent or guardian to participate in off - campus learning and recreational activities. SERCO will provide insurance to cover the students participating in the program through this grant. For these off campus activities, Campus Counselors, Consultant, and the Program Liaison will accompany and chaperone the youth. SERCO will ensure that one adult is assigned for every 20 youth for in and off campus program activities. Youth will be supervised during the after school program until a parent picks up their child or the child walks home, with the parent's permission. Parents will be responsible for transporting students to school for any Saturday workshops or events. Campus police are on the campus sites before and after school and are readily available to assist with any potentially unsafe situations that may arise. 11) Staffing: Describe the staffing plan for FY09, including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured. SERCO has established Personnel Policies and Procedures for recruiting, screening (including criminal background checks). SERCO's Standard Operating Procedures related to staff development and staff oversight/supervision will be revised to conform to City of Corpus Christi requirements and the contracted program activities. Criminal background checks will be completed for staff and volunteer mentors once the mentor application has been processed. All information will be kept in a secure location and available for review as needed. Staff will be trained on curriculum to be used as well as in all components of the program and collection of data. Mentors and mentees will receive a mentor program orientation and training. In the event of staff (campus) vacancies, the Program Liaison will assume all responsibilities until the position is reassigned. -8- The SERCO/Workforce Solutions Youth Development Services Coordinator will oversee the career consultants and will work closely with Program Liaison. He has been the Youth Program Coordinator since 2006 and has extensive experience in delivering services to at -risk youth. The Program Liaison possesses a Bachelor's Degree in related field and has over twenty years of experience in working with at- risk youth. The Program Liaison will be in charge of all operative aspects of the Program and will secure job sites and mentors. All campus staff providing direct services to students are certified and licensed with many years of teaching and counseling experience and have facilitated before and after school programs. The Consultant will possess a minimum of 5 years experience in working with target population. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking forms must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Community Youth Development ATTN: Celina Pulcher CYD Program Manager City of Corpus Christi -9- 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any - Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following bi ling schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2008 October 5, 2008 October 31, 2008 November 5, 2008 November 30, 2008 December 5, 2008 December 31, 2008 January 5, 2009 January 31, 2009 February 5, 2009 February 29, 2009 March 5, 2009 March 31, 2009 April 5, 2009 April 30, 2009 May 5, 2009 May 31, 2009 June 5, 2009 June 30, 2009 July 5, 2009 July 31, 2009 August 5, 2009 August 31, 2009 September 5, 2009 V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor Estimate of FY 2008 -2009 Expenditures by June 30, 2009, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and - 10 - Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule A - Subcontractor Estimate of FY2009 Expenditures Month Estimated Percent of Total Expenditures Budget September 2008 $4,980 8.3% October 2008 $4,980 8.3% November 2008 $4,980 8.3% December 2008 $4,980 8.3% January 2009 $5,220 8.7% February 2009 $4,980 8.3% March 2009 $4,980 8.3% April 2009 $4,980 8.3% May 2009 $4,980 8.3% June 2009 $4,980 8.3% July 2009 $4,980 8.3% August 2009 $4,980 8.3% 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 18, 2008 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund, and additional $117,000 grant matches from the Coastal Bend Bays and Estuaries Program, Saltwater Fisheries Enhancement Association, and architectural services from Robert Floyd, for total project cost of $667,000. B. Resolution authorizing the City Manager or designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater - Fisheries Enhancement Association concerning development of coordinated plan to remedy the boat ramps and parking lot located near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. ISSUE: Authorization to submit a Texas Parks and Wildlife Grant application for $500,000 for the reconstruction of the boat ramp located on the north side of the JFK Causeway on Packery Channel next to Billing's Bait Stand. Authorization for an agreement outlining a plan consisting of several integrated features and the cooperation, assistance, and guidance of named agencies and organizations. REQUIRED COUNCIL ACTION: Authorization to submit a grant application to the Texas Parks and Wildlife Department. Authorization to enter into an agreement with named entities in support of the boat ramp and parking lot reconstruction. PREVIOUS COUNCIL ACTION: None FUNDING: A local match of $167,000 has been pledged by the City of Corpus Christi, Coastal Bend Bays and Estuaries Program, Saltwater- Fisheries Enhancement Association, and Robert Floyd of Floyd Architects, LLP. A 25% cash match ($125,000) is required for the Safe Boating Access Grant Program. The $500,000 grant from the state would allow the City to reconstruct a new boat ramp next to Billing's Bait Stand that will offer increased safety and capacity. Funding for the City's required match is available from interest earnings in the No. 3289 Parks and Recreation CIP Fund, and will be appropriated when necessary. CONCLUSION AND RECOMMENDATION: It is recommended that Council approve the both resolutions as presented. Sally Gavlik, Director Parks and Recreation Department Attachments: Background Information Map Reference Copy of Agreement BACKGROUND INFORMATION The area near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel contains two boat ramps that are leased to the Texas Parks and Wildlife Department. One is next to Billing's Bait Stand and the other next to Clem's Marina. Both boat ramps provide free boat access. The boat ramps have suffered from many years of overuse and neglect to the extent that the boat ramp next to Billing's Bait Stand is in a near - unusable condition. The other boat ramp next to Clem's Marina, while usable, is not a high quality ramp. Further complicating the issue, the large access /parking lot in front of the bait stand is unpaved and floods at high tide, making it very difficult to reach the boat ramps and an area where one would not want to park a boat trailer. The Texas Parks and Wildlife's Department Safe Boating Access Grant Program provides 75% matching grant funds for the construction of public boat ramp facilities throughout Texas. Local government sponsors must make an application, provide the land, provide access to the proposed boat ramp, supply 25% of the development costs, and accept operation and maintenance responsibilities for a minimum 25 -year period. These funds are allocated annually through the federal Sport Fish Restoration Act. The grant cash match will be provided by the Coastal Bend Bays & Estuaries Program, Inc., Saltwater- fisheries Enhancement Association, and the City of Corpus Christi. Robert Floyd, Architect, is also donating Architectural services for this project. Texas Parks and Wildlife Department Safe Boating Access Grant Proposal JFK Boat Ramp Project Agreement Purpose and Problem The Texas General Land Office (TGLO) has leased an area to bait stands on the north side of the JFK Causeway for many years. This area also contains two boat ramps that are leased to the Texas Parks and Wildlife Department (TPWD). All of these areas are within the Texas Department of Transportation (TXDOT) right of way for South Padre Island Drive /Park Road 22, and are also features addressed in the Village Master Plan. The City of Corpus Christi (City) has a lease from the TGLO for construction and maintenance of the Packery Channel project on state -owned submerged lands lying immediately east of the bait stands and the two boat ramps. The City contracts with the US Army Corps of Engineers for maintenance of the project. The boat ramps have suffered from many years of over use and neglect to the extent that the most easterly boat ramp is in a near - unusable condition. The other boat ramp, while usable, is not a high quality ramp. Further complicating the issue, the large access /parking lot in front of the bait stands is unpaved and floods at high tide, making it very difficult to reach the boat ramps, and making an area where one would not want to park a boat trailer. Various areas of shoreline, at or under the bait stands and adjacent to the boat ramps, are eroding due to the increased traffic in the channel and the lack of shore protection. Proposal The completion of the Packery Channel project has drawn a large amount of high quality, new construction to the Padre Island. The City, with assistance from the Texas Parks and Wildlife Department, is completing an upscale boat launching facility to the east of Highway 358 on Packery Channel. However, all involved believe that it is an absolute necessity to have a quality boat launching facility at the JFK Causeway for use of Packery Channel and access to the Laguna Madre, and the back side of Padre Island. After much discussion of the issues among numerous interested and affected groups, agencies, and organizations, a consensus has been formed to support a coordinated plan to remedy the boat ramps and parking situation as it now exists. The plan consists of several integrated features and requires the cooperation, assistance, and guidance of these agencies and organizations. This proposal is designed to be flexible and contemplates completion of one feature at a time, providing transparency of both method and goals for all involved. The proposal is sequenced as follows: 1. A coordinating advisory group will be established consisting of a member from each of the following: City of Corpus Christi (City), Texas Parks and Wildlife Department (TPWD), Texas General Land Office (TGLO), Texas Department of Transportation (TXDOT), Coastal Bend Bays and Estuaries Program (CBBEP), and Saltwater - fisheries Enhancement Association (SEA). 2. The City with approval of the City Council will act as local sponsor of the project with assurance of TPWD that there will not be any continuing obligation on the City for maintenance of the project. 1 3. The CBBEP and the City will each provide $50,000 (a total of $100,000) to fund an engineering study to analyze the subject area and recommend potential scoping for a project to identify problems (subject to approval from the CBBEP Board, and the City Council). 4. The Texas Parks and Wildlife Department will categorize the project as a boat ramp renovation/reconstruction grant project with advanced local funding authorized. This action entitles the local dollars utilized for engineering, surveying, etc., to be counted toward the required local match. 5. The City will issue a Request For Proposals (RFP) for an engineering study of the bait stand and boat ramp area including: a) feasibility of repairing and /or reconstructing the existing boat ramps or combining them into one new facility, b) elevating and paving the boat ramp/bait stand parking /access ways, c) appropriate bulk heading and /or shore protection for the entire area, d) a storm water drainage and management plan, e) traffic and parking patterns, with recommendations for the possible utilization of the entire area, and the possible use of the TXDOT right -of -way under the JFK Causeway for boat trailer parking, All proposals will take into consideration TXDOT's need to access the area for maintenance and operations of its facilities. Any area(s) considered for parking outside the lease setback lines will require a multiple use agreement with a public entity. f) coordinating at least two meetings with the advisory group during the study, and a workshop meeting to finalize the proposal. 6. Upon finalization of the engineering proposal, the proposal will be circulated to all interest groups to determine its feasibility. If found to be feasible, full funding will be sought to implement the proposal. This assumes that $500,000 will be available through the TPWD grant program, and substantial additional funding will be needed from other sources in addition to the $100,000 up front money from the City and CBBEP. Other possible funding sources could include TGLO grant programs, coastal conservation and sports groups, among others. 7. Since the initial review indicates this to be a potentially large project, it may be sequenced over several years with other sources of revenue being considered. 8. A plan will be developed to provide continuing funding for future maintenance of the new parking areas and the boat ramps. TGLO will coordinate discussions with the agencies and interested parties, including Village leaseholders, to develop a plan for ongoing maintenance of the boat ramps and under - bridge parking, if applicable. 2 To Move Forward With the understanding that at this time the only commitments are the City's and CBBEP's combined funding in the amount of $100,000, along with the TPWD's agreement to category the project as a boat ramp renovation/reconstruction grant project with advanced local funding authorized after approval by the Texas Parks &Wildlife Commission, the agencies and interest groups supporting the consensus have authorized an agency representative to execute this document to evidence their concurrence to move forward on the project. CITY OF CORPUS CHRISTI COASTAL BEND BAYS AND ESTUARIES PROGRAM TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS GENERAL LAND OFFICE TEXAS DEPARTMENT OF TRANSPORTATION SALTWATER - FISHERIES ENHANCEMENT ASSOCIATION Reference Copy 3 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT'S SAFE BOATING ACCESS PROGRAM IN THE AMOUNT OF $500,000 FOR RECONSTRUCTION OF BOAT RAMP LOCATED NEAR JOHN F. KENNEDY CAUSEWAY ON THE NORTH SIDE OF STATE HIGHWAY 358 ON PACKERY CHANNEL; WITH CITY GRANT MATCH OF $50,000 IN THE NO. 3289 PARK AND RECREATION CIP FUND, AND ADDITIONAL $117,000 GRANT MATCHES FROM THE COASTAL BEND BAYS AND ESTUARIES PROGRAM, AND SALTWATER FISHERIES ENHANCEMENT ASSOCIATION, AND ARCHITECTURAL SERVICES FROM ROBERT FLOYD, FOR TOTAL PROJECT COST OF $667,000. WHEREAS, the CITY OF CORPUS CHRISTI, (hereinafter the "Sponsor "), is desirous of providing for the construction of a boating access facility located near John F. Kennedy Causeway on north side of State Highway 358 on Packery Channel near Billing's Bait Stand and Clem's Marina ( "Facility"); WHEREAS, the State of Texas, acting through the Texas Parks and Wildlife Department (hereinafter the "Department "), under the authority of Section 11.033 and 31.141 of the Parks & Wildlife Code, would provide funding for such construction, and the construction of such a facility would be of benefit to the citizens of CORPUS CHRISTI, NUECES COUNTY as well as transient recreational boaters from the State and other states: NOW, THEREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI, CITY COUNCIL: Section 1. That the CORPUS CHRISTI CITY COUNCIL, in meeting this 18th day of November, 2008. is hereby eligible for assistance and will enter into a project agreement with the Department to provide for said construction on a reimbursement basis, with the Sponsor providing 25% ($167,000) as follows: $50,000 grant match from the City of Corpus Christi No. 3289 Park and Recreation CIP Fund, and additional appropriations or in -kind services totaling $117,000 from the Coastal Bend Bays and Estuaries Program, the Saltwater Fisheries Enhancement Association and architectural services from Robert Floyd, and the Department providing 75% ($500,000) matching funds for work accomplished, for total project cost of $667,000. Section 2. The undersigned City Manager is herewith authorized to sign any or all documents pertaining to the construction, and to sign all documents related to this grant application. Section 3. That the Sponsor has matching funds available by appropriations or in -kind services in amount of $167,000 from the Coastal Bend Bays and Estuaries Program, the Saltwater Fisheries Enhancement Association and architectural services from Robert Floyd, and the Department. Section 4. That the Sponsor will operate said Facility; perform necessary maintenance and repairs to ensure public use, health and safety; and provide security surveillance to eliminate creations of nuisance or hazard to the public or adjacent property owners; for the life of the Facility (minimum 25 years), subject to annual appropriation of funds. Section 5. That said Facility will be open at all reasonable times to the public, and that revenue from any user fees will only be used to offset operation and maintenance costs of any supported facilities. Section 6. That the application has been submitted to the appropriate COG for review and comment, and a copy of these comments will be provided to TPWD prior to funding approval. Signature of Official Authorized in Resolution Typed Name, Title, and Telephone Number Date SECTION 7. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: November 10, 2008 Lisa Aguil Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Page 1 of 1 RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH COASTAL BEND BAYS AND ESTUARIES PROGRAM, TEXAS PARKS AND WILDLIFE DEPARTMENT, TEXAS GENERAL LAND OFFICE, TEXAS DEPARTMENT OF TRANSPORTATION, AND THE SALTWATER FISHERIES ENHANCEMENT ASSOCIATION CONCERNING DEVELOPMENT OF COORDINATED PLAN TO REMEDY THE BOAT RAMPS AND PARKING LOT LOCATED NEAR THE JOHN F. KENNEDY CAUSEWAY ON THE NORTH SIDE OF STATE HIGHWAY 358 ON PACKERY CHANNEL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater - Fisheries Enhancement Association concerning the develop John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. A copy of the agreement is on file with the office of the City Secretary. SECTION 2. That the City Manager or his designee is directed to serve on the Coordinating Advisory Group. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED November 10, 2008 J tzt,--'24N Lisa Aguilar, - Assistant City Attorney for the City Attorney Corpus Christi, Texas 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 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 18, 2008 AGENDA ITEM: Ordinance Authorizing the City Manager, or his designee, to execute a five year lease agreement with INCARNATE WORD ACADEMY (IWA) for the use of DICK RUNYAN FIELD AT EVELYN PRICE PARK during IWA baseball season of January 1 through May 30 in consideration of IWA construction of field improvements of minimum estimated value of $35,000, and (2) IWA maintaining the premises; and declaring an emergency. ISSUE: Incarnate Word Academy is interested in leasing Dick Runyan baseball field at Price Park, which is located at 3800 Gollihar for baseball league games and practices. Incarnate Word Academy will remove current grass, till, grade and grind down the infield lips, sod infield and area outside the infield, install Diamond Pro conditioner to infield, rebuild pitchers mound, batter boxes, bases and anchors and maintain the fields on a daily basis. REQUIRED COUNCIL ACTION: The City Council must approve all lease agreements. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends that the ordinance be approved. Sally Gavlik, Director Parks and Recreation Department Attachments: Background Information Letter from Incarnate Word Academy BACKGROUND INFORMATION Incarnate Word Academy (IWA) desires to use the Dick Runyan Baseball field located at 3800 Gollihar (Price Park) from January 2009 through May 2009 to host their upcoming High School Baseball season. The field will be used for home games (two to three times per week) as well as team practice (four to five times per week). The lease agreement will be for baseball seasons 2009 through 2013. During the off - season the City will use the field to host their High School Summer Baseball league and other programs. IWA will pay for upgrading the fields and total maintenance of the fields during their season and maintain the infields during their off - season. S I N C E 1 8 7 I August 13, 2008 Mr. John Delgado Mr. Leon Upshaw Parks and Recreation Department City of Corpus Christi Gentlemen: Thank you for allowing Incarnate Word Academy to rent Price (Dick Runyun) field from January 19, 2008, to May 15, 2009. The Academy is very much interested in making improvements to the field if we can negotiate a long -term lease with the City. Below are listed some of the improvements the Academy would like to make and their costs. 1. Kill the grass on the infield and grind down the infield lips as much as possible (approx. 4 "). 2. Till and grade the infield to fill in low spots and knock down high spots of red dirt areas and help the drainage of the field. 3. Sod the infield and a 17 foot area on the outside of the infield. The Academy has received an estimate of approximately $30,000.00 for the above described work. Other improvements that we are contemplating are as follows: 1. Install 15 tons of Diamond Pro infield conditioner and then aeravate and drag the field. 2. Rebuild pitchers mound and batter boxes with approximately 40 bags of mound and home plate clay. 3. Install new home plate, pitchers rubber, and anchors and bases. The estimate for this work is approximately $5,000.00. The outfield also needs to be reworked. Several top dressings, approximately 100 yards each time, and dragging into the low areas have been proposed. This cost would be approximately $5,000.00. In the long run Incarnate Word Academy would consider completely reworking the outfield, which would include laser grading the entire outfield. Eke,; lit'+ A SECONDARY LEVEL 2910 S0UTH ALAMEDA CORPUS CHRISTI, TEXAS 789042797 (381) 853-0887, EXT. 112 FAX (889 5818742 Meccallthomccom MIDDLE LEVEL 2917 AUSTIN STREET CORPUS CHRISTI, 'TEXAS 75404-2498 (381) 8830857, EXT. 113 FM (351)882 -9193 MaomjOMeaaag ELEMFMARY LEVEL 450 CHN48ERWN CORPUS CHRISTI, TEXAS 789042499 (381)889-0657, IXL 115 FAX (381) 8816519 #gMr/OMaocag CENTRAL OA9CEs 2920 SOUTH AlMEDA CORPUS CHRIS71, TEXAS 784012733 001)593-0857, EXT. 117 FM (381) 8832185 MeocBMaxm9 Incarnate Word Academy is also interested in the possibility of installing a new scoreboard system and upgrading the sprinkler system. The baseball coach would very much like to have a fenced in area between the baseball and softball fields which would include 2 batting cages, 3 bull pens, and a storage area. Obviously Incarnate Word Academy is willing to spend a large sum of money to improve the field, if a long term lease agreement can be negotiated. The goal is a 15 year partnership with the City of Corpus Christi for the use of Price Field. Incarnate Word Academy would very much like to get started on this project as soon as possible. We understand that the City is currently scheduling the fall baseball program for Price Field; however, if an alternate site was available, the improvement process could be expedited. Respectfully, Malcolm Smith Business Manager Incarnate Word Academy ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AGREEMENT WITH INCARNATE WORD ACADEMY (IWA) FOR THE USE OF DICK RUNYAN FIELD AT EVELYN PRICE PARK DURING IWA BASEBALL SEASON OF JANUARY 1 THROUGH MAY 30 IN CONSIDERATION OF IWA CONSTRUCTION OF FIELD IMPROVEMENTS OF MINIMUM ESTIMATED VALUE OF $35,000, AND IWA MAINTAINING THE PREMISES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a five year lease agreement with Incarnate Word Academy for the use of Dick Runyan field at Evelyn Price Park, during IWA baseball season of January 1 through May 30, in consideration of (1) IWA construction of field improvements of minimum estimated value of $35,000, and (2) IWA maintaining the premises and improvements. A copy of the Agreement is on file with the City Secretary. SECTION 2. 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 day of 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 30, 2008 By: oa,AA -k Lisa Aguilar, As ant City Attorney for the City Attorney Henry 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: I /we, 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, Henry Garrett Mayor Council Members 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 THE STATE OF TEXAS § Construction and Lease Agreement Relating to Dick Runyan Field located at Evelyn Price Park COUNTY OF NUECES § WHEREAS, Convent Academy of the Incarnate Word ( "IWA ") desires long -term lease for use City property located at or near the area known as Dick Runyan Field at Evelyn Price Park, and permission to construct and use certain improvements described on attached Exhibit A ( "Improvements "); and WHEREAS, CITY and IWA are mutually desirous of entering into this Agreement for the benefit of the public; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements contained and subject to the terms and conditions stated in this Agreement, IWA and CITY agree as follows: I. Term This Agreement has a five year term which shall commence on date of City Council approval, unless terminated as herein provided. II. Use of City's Property CITY does hereby grant to IWA during the term of this Agreement the use of certain areas located at or near Dick Runyan Field at Evelyn Price Park for construction and use of the Improvements for the IWA baseball program. A description of the Dick Runyan Field at Price Park Improvements is attached as exhibit A. Dates of IWA usage are included in Article IV of this agreement III. Construction of Improvements A. During the term of this Agreement, IWA shall construct the Improvements in accordance with this Agreement. The parties anticipate that the Improvements shall be completed within term of this Agreement. B. IWA desires to construct additional improvements to the Facility, subject to approval of the City Manager. Specifically, IWA contemplates the construction of batting cages and a new scoreboard. All improvements must be constructed in accordance with this agreement. (1) C. When constructing any improvements, the plans and specifications shall be prepared by state - licensed architects or engineers only if required by City Director of Engineering or applicable State laws or regulations. The plans and specifications are subject to approval of the City Director of Engineering and City Director of Parks and Recreation ( "Director "). City shall have 15 days from the date of submission to approve the plans and specifications. Any plans and specifications not approved or rejected within the 15 day period shall be deemed approved by the City. D. IWA shall require the Contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100 %) of the contract shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with CITY as an Obligee. This requirement only applies if the amount of this construction contract is $25,000 or more. 2. Performance Bond - A performance bond in the amount of One Hundred Percent (100 %) of the Contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with CITY as an Obligee. This requirement only applies if the amount of this construction contract is $100,000 or more. E. Except as otherwise specified herein, IWA shall include in all IWA construction agreements for the Improvements, the following provision: Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless CITY and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and /or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of Contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and Contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands. F. Except as otherwise specified herein, IWA shall also require the contractors, in all IWA agreements for the Improvements to furnish insurance in such amounts as specified below and include in all construction agreements for the Improvements the following language: (2) 1. Prior to commencement of any activity permitted on City of Corpus Christi's property, provided in the Use Agreement Relating to the Construction and Donation of the Dick Runyan Field at Price Park Improvements entered into on day of , 2008, between the IWA and the City of Corpus Christi, or this contract, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. Workers' Compensation as required by law. Employer's Liability Insurance of not less than $100,000.00 for each accident, $100,000.00 disease for each employee, $100,000.00 disease as policy limit. Commercial General Liability Insurance, including Independent Contractor's Liability, Products /Completed Operations Contractual Liability, and Broad Form Property Damage covering, but not limited to the indemnification provisions of this contract, fully insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. Commercial Vehicle Liability Insurance, covering owned, hired and non -owned vehicles, with a combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Builder's Risk The Contractor shall purchase a completed value all risk builder's risk policy for the duration of this project. 2. It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the City of Corpus Christi and IWA each as an additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for ten (10) days written notice of cancellation to the City of Corpus Christi, for nonpayment of premium. Thirty (30)days written (3) notice of cancellation (other than non - payment of premium), material change, termination or non - renewal shall also be required. c. Be written through insurance companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a Certificate of Insurance evidencing the required coverages to: Sally Gavlik Director of Parks & Recreation City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 -9277 and Donna James - Spruce Risk Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 -9277 G. IWA agrees that all work to be performed by it or its contractors, including all workmanship and materials, shall be of first -class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations and such work shall be subject to CITY inspection during the performance thereof and after it is completed. However, the City shall have no duty to inspect. H. IWA shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of IWA as such obligations mature. IWA expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the CITY's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the CITY's property or Improvements thereon, and IWA will discharge any such lien within thirty (30) days after notice of filing thereof. I. All plans and specifications referred to above and all construction upon the CITY's property shall comply with all applicable federal, state or municipal laws, ordinances, rules, regulations and requirements. (4) J. Before any work on City property begins, IWA shall present the City Director of Parks and Recreation with evidence of Contractor's insurance coverages, and City building and construction permits. K. Upon completion of the Improvements, IWA donates the Improvements to City for acceptance by CITY Manager. Any warranties given to the IWA regarding Improvements shall be transferred and assigned to CITY at the same time as the Improvements are transferred to the CITY. L. In the event of damage or destruction to the Improvements, CITY shall have no obligation to repair or rebuild the Improvements or any fixtures, equipment or other personal property installed by IWA. M. IWA acknowledges that it has read and agrees to the provisions in the attached Exhibit, Notice of Prior Use, which contains additional provisions regarding development over closed landfill. IV. RENTAL OF CITY PROPERTY In consideration of the Improvements City grants IWA the exclusive use of the improved Dick Runyan field and associated dugouts, restrooms and the IWA - constructed improvements ( "Facility ") solely for IWA's baseball program, from January 1 through May 30 of each year ( "IWA Baseball Season "), ending five years after City Council approval City shall not have the right to use or rent the Facility during the IWA Baseball Season of each year. IWA shall pay the then - current rental fees (currently estimated to be $1600.00 per month), along with standard fees for lighting or staff as requested or used by IWA, such fees as may be increased in accordance with City Code of ordinances; however, IWA shall receive against any rent a dollar- for - dollar credit for all actual costs paid by IWA for any improvements made by IWA to the Facility, which were previously approved by the City Director of Parks and Recreation. This shall include all improvements throughout the term of this Lease but shall not include normal, routine maintenance of the Facility. IWA shall promptly supply City Director with documentation to establish costs paid by IWA for construction prior to requesting credit towards the rental fees. Any uncredited amount remaining at the end of this Lease is extinguished upon termination of this Lease, and the City shall have no responsibility to reimburse IWA for any uncredited balance remaining at the end of this lease. The current field rental rates are: For Practice days, the rate is $25.00 dollars per hour of use, the Rental rate on Game day or Tournament is $75.00 per day per field with light $8.00 per hours & for Staff opening and closing the complex up is $9.00 per hour. A. IWA shall not have the right to allow any other party to use the Facility. City shall have the right to use the Facility or allow others to rent the Facility at times other than the IWA Baseball Season. City currently plans to use the Facility for its summer and fall leagues, during June through November, of each year. (5) B. Maintenance and repair. During IWA Baseball Season, IWA shall be responsible for prompt maintenance and repairs of the Facility as follows: IWA will perform Facility maintenance which includes but is not limited to, prepping the field, chalking the field, dragging the field, watering the field, adding dirt as need, mowing the field as needed, with all maintenance to be performed in accordance with reasonable standards set by the City Parks and Recreation Director. Additionally, during IWA Baseball Season, IWA is responsible to repair the Facility when damaged during IWA's baseball program, subject to prior approval of the Director. During the non -IWA Baseball Season, IWA maintenance responsibilities are limited to mowing the infields. C. IWA shall not allow alcoholic beverages, drugs or tobacco products to be permitted or consumed on the Facility. D. During IWA Baseball Season, IWA will responsible to make sure the Facility is kept clean and neat in appearance,including but not limited to the fields, dugouts, and restrooms. During IWA Baseball Season, IWA is responsible to arrange for trash pickup, at least once a week. City will be responsible for trash removal during other times. E. Payment for Utilities. IWA must pay for all utilities used by it or for any activity sponsored by IWA on the Premises on or prior to the due date for payment. Failure to pay any utility bill on or prior to the due date is grounds for termination of this Lease. F. Signs. (A) IWA must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. IWA shall have the right to construct, install and rent to others outfield and perimeter signs at the Facility. (B) If Signs are approved, the Director, in writing, may require Lessee to repair, or repaint any Signs If the Signs are not repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. G. Advertising. The Director has the right to prohibit any advertising on the Premises which impairs the reputation of the Premises or the City. H. Security. IWA shall contract and pay for any and all security it requires at the Premises during the term of this Lease. (6) I. Field evaluation- City will perform an IWA pre- season and post- season inspection of the Field. City reserves the right to require IWA to repair any damages caused to the Facility by IWA, or perform the work itself with reimbursement by IWA. Also, City reserves the right to perform cleanup services in the event City determines that IWA is not maintaining the Facility in accordance with standards established by the Director, with reimbursement by IWA. J. Indemnity. IWA covenants to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be proximately caused by, (1) the use, operation, maintenance, alteration, or repair of Facility by IWA (2) the operation of IWA's Baseball program; (3) the exercise by IWA of its rights under this Agreement; (4) an act or omission, negligence, or misconduct on the part of other persons having involvement in, participation with, or business with the Facility, IWA, or the IWA's program whether authorized with the express or implied invitation or permission of IWA (collectively, IWA's Invitees) entering upon the Facility pursuant to this Agreement, or trespassers entering upon the Facility during IWA's use or physical occupation of the Premises; or (5) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of or in connection with the asserted or recovered incident. IWA covenants and agrees that if City is made a party to any litigation against IWA or in any litigation commenced by any party, other than IWA relating to this Lease, IWA shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. (7) K. Insurance. During its use of the Facility, IWA must secure and maintain at IWA's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit constitutes grounds for termination of this Lease. L. Termination. (A) The City may terminate for cause this Agreement if IWA no longer is utilizing the Facility for its baseball program, provided that IWA is provided with 60 days notice. In the event this Agreement is terminated by the City without cause, IWA shall receive from the City a prorated amount of the actual cost paid by IWA for improvements to the Facility Less any amounts credited against accrued rent ( "Base amount "). The proration shall be based as follows: Base amount multiplied by the(number of months remaining in the initial 5 year term) divided by 60. IWA shall have the right to terminate this agreement by giving City 60 days written notice prior to the start of any given IWA Baseball Season. In the event IWA gives the required notice, this agreement shall terminate and IWA and City shall be relieved of any future obligation hereunder. If IWA voluntarily terminates the lease under this provision, IWA shall not be entitled to any proration of the cost of the improvements. B) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give IWA written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If IWA is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate for cause by providing written notice of termination and listing one or more areas of continued noncompliance. V. MISCELLANEOUS A. Notice. 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. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880-3461 IF TO IWA: Incarnate Word Academy Attn: Malcolm Smith 2920 S. Alameda Corpus Christi, Texas 78404 (361) 883-0857, ext 172 (8) Either party may change the address to which notice is sent by using a method set out above. IWA will notify the City of an address change within thirty (30) days after the address is changed. B. Amendments. No alterations, changes, or modifications of the terms of this Lease nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. The City Manager is authorized to execute amendments to this Agreement which do not change the essential scope. C. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. D. Force Majeure. No party to this Lease will be liable for failures or delays in performance due to any cause 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. E. Assignment. This agreement may not be, in whole or in part, assigned, transferred, or sublet directly or indirectly without the prior written consent of the City. F. Publication. IWA agrees to pay the cost of newspaper publication of this agreement and related ordinance as required by the City Charter. G. Complaint Notice. IWA will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or designee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. IWA BY: Signaturr Sr. Michelle Marie Kuntscher Typed or Printed Name Superior General Typed or Printed Title CITY OF CORPUS CHRISTI, TEXAS BY: City Manager (9) ATTEST: ARMANDO CHAPA, City Secretary APPROVED AS TO FORM: ') :Iv 1 0, 2.co. BY: i•-C THE STATE OF TEXAS COUNTY OF NUECES § Incarnate Word Academy BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 1 . i .. , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed same for and as the act and deed of Incarnate Word Academy, and as thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ivy day of 2008. GERALDINE K. THOMSON MY COMMISSION EXPIRES FEBRUARY 17.2010 (10) Notary Public in and for the State of Texas G rl nmcoN Notary Public s Printed Name .9 ..20/0 �o My Commiss* n Expires EXHIBIT B INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. 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 City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal lnjury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In the alternative, a copy of a policy endorsement reflecting the required cancellation language is required. " The name of the project must be listed under "Description of Operations ". " At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2008 IWA- Dick Runyon Ball field lease agreement insurance requirements 9 -8 -08 ep Risk Management END EXHIBIT Notice of Prior Use IWA acknowledges that all or portions of leased premises were a closed municipal solid waste landfill, and acknowledges receipt and acceptance of this notice required by Section 361.537 and 361.539 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality's ( "TCEQ ") rules in Section 330.962 of Title 30, Texas Administrative Code. IWA acknowledges that the City does not represent the land covered by this lease is suitable for User's intended use. IWA agrees to: (a) Comply with all applicable Federal and State of Texas laws and regulations applicable to construction and operation of the facilities contemplated by IWA on the leased premises granted herein, including those applicable to closed municipal solid waste landfills and the regulations relating to same including, but not limited to, Chapter 361 of the Texas Health & Safety Code and Title 30, Part I, Chapter 330, Subchapter T, Texas Administrative Code. (A copy of the current version of Subchapter T has been provided to IWA.) (b) Not to disturb the integrity and function of the final cover, all components of the containment system, and any monitoring systems, without authorization of the TCEQ. (c) Take any action deemed necessary by the TCEQ to restore the final cover, any component of the containment system, or monitoring systems disturbed by the construction, maintenance or operation of any facilities proposed by IWA. (d) Conduct soil test if required by 30 TAC 330.953 before undertaking any development of the property. (e) Obtain a development permit from the TCEQ before commencing any construction of an enclosed structure, if required by 30 TAC 330.954(a). (f) Register any existing structures owned or being used by the IWA, if required by 30 TAC 330.954(c) or TCEQ. (The Director has a copy of the list of structures the City has registered with TCEQ.) (g) Prepare any needed modifications to the Site Operating Plan, if required by 30 TAC 330.959(4) or TCEQ. (The Director has a copy of the current Site Operating Plan that was submitted to TCEQ.) (h) Prepare a Structures Gas Monitoring Plan, if required by 30 TAC 330.959(5) or TCEQ. (The Director has a copy of the current Structures Gas Monitoring Plan that was submitted to TCEQ.) (i) Install landfill gas monitoring equipment in any enclosed structures owned or being used by the IWA, if required by 30 TAC 330.959 or TCEQ. (The City has installed and maintains gas monitoring equipment in some enclosed structures on the site, as part of the City's Structures Gas Monitoring Plan approved by TCEQ. The City does not warrant that the enclosed structures are suitable, safe for use by adults or children, or do not pose a potential health threat to adults or children. IWA may install additional landfill gas monitoring equipment in any enclosed structures used by IWA, if IWA or its officers, members, employees, agents, contractors, or invitees are concerned with the air quality within the enclosed structures.) (12) (j) Operate any landfill gas monitoring equipment installed by IWA and maintain all necessary records, as required by 30 TAC 330.960. Copies of all required records shall be submitted to the Director on a monthly basis. (k) Prevent the ponding of water on any property under the IWA's control. (I) Submit plans to control the drainage of storm waters from any structures used by the IWA to the Director for review and approval. (m) Hold the City harmless and indemnify City for any claims, penalties, or violations that result from IWA's, its assigns, or their agents disturbance of the said closed municipal solid waste landfill. (13) S I- N C E 1 8 7 1 August 13, 2008 Mr. John Delgado Mr. Leon Upshaw Parks and Recreation Department City of Corpus Christi Gentlemen: Thank you for allowing Incarnate Word Academy to rent Price (Dick Runyun) field from January 19, 2008, to May 15, 2009. The Academy is very much interested in making improvements to the field if we can negotiate a long -term lease with the City. Below are listed some of the improvements the Academy would like to make and their costs. 1. Kill the grass on the infield and grind down the infield lips as much as possible (approx. 4 "). 2. Till and grade the infield to fill in low spots and knock down high spots of red dirt areas and help the drainage of the field. 3. Sod the infield and a 17 foot area on the outside of the infield. The Academy has received an estimate of approximately $30,000.00 for the above described work. Other improvements that we are contemplating are as follows: 1. Install 15 tons of Diamond Pro infield conditioner and then aeravate and drag the field. 2. Rebuild pitchers mound and batter boxes with approximately 40 bags of mound and home plate clay. 3. Install new home plate, pitchers rubber, and anchors and bases. The estimate for this work is approximately $5,000.00. The outfield also needs to be reworked. Several top dressings, approximately 100 yards each time, and dragging into the low areas have been proposed. This cost would be approximately $5,000.00. In the long run Incarnate Word Academy would consider completely reworking the outfield, which would include laser grading the entire outfield. E kioi+ A ' SECONDARY LEVEL MIDDLE LEVEL ELEMENTARY LEVEL CENTRAL OFFICES 2910 SCUM ALM1EDA 2917 AUSTIN STREET 450 CHAMBERWN 2920 SOUM ALAMEDA CORPUS CHRISM, TEXAS 78404-2797 CORPUS CHRISTI, TEXAS 78409 -2498 CORPUS CHRISTI, TEXAS 784042499 CORPUS CHRISTI, TEXAS 79404 -2733 (381) 8839857, EXT. 112 (381)8830357, EXT 113 (381)8870057, EXT. 115 (381)8830857, EXT. 117 FAX(381)881-8742 FAX (381) 882.9193 FAX MI) 8818519 FAX (MI) 8832185 M ccdeMaccaig MaccmlOMecoorg she" OMawa9 krecc@Maccag Incarnate Word Academy is also interested in the possibility of installing a new scoreboard system and upgrading the sprinkler system. The baseball coach would very much like to have a fenced in area between the baseball and softball fields which would include 2 batting cages, 3 bull pens, and a storage area. Obviously Incarnate Word Academy is willing to spend a large sum of money to improve the field, if a long term lease agreement can be negotiated. The goal is a 15 year partnership with the City of Corpus Christi for the use of Price Field. Incarnate Word Academy would very much like to get started on this project as soon as possible. We understand that the City is currently scheduling the fall baseball program for Price Field; however, if an alternate site was available, the improvement process could be expedited. Respectfully, Malcolm Smith Business Manager Incarnate Word Academy AGENDA MEMORANDUM City Council Action Date: November 18, 2008 SUBJECT: Packery Channel Boat Ramp Parking Lot and Access Road (Project No. 3295) AGENDA ITEM: a. Ordinance appropriating $87,588.73 from the unreserved fund balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas; Changing the FY 2008 -2009 Operating Budget Adopted by Ordinance No. 027776 to increase appropriations by $87,588.73; and Declaring an Emergency. b. Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas, in the amount $87,588.73 for a revised total contract price of $845,418.76 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007 -2008 for contractor mobilization, demobilization and other construction suspension costs. ISSUE: The project was suspended during the summer to minimize disruption of public use of the facility during peak demand. This allowed the entrance roadway to be completed prior to the summer and have the parking lot available for public. FUNDING: Funding is available from the Reinvestment Zone No. 2 Fund 1111 upon appropriation. RECOMMENDATION: Staff recommends approval of the items as presented. £fat a. .r Sally Gavlik Kevin R. Stowers Director of Parks & Recreation Interim Director of Engineering Additional Support Material: Exhibit "A" Background Information Exhibit "8" Change Order Summary Exhibit "C" Location Map H'. \HOME\KEVINS\GEMPACKER V\ 3295AccessRoadParkin9Lo1 \CO2Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Packery Channel Boat Ramp Parking Lot and Access Road (Project No. 3295) CHANGE ORDER SUMMARY: A detail of the increase in costs upon which the Change Order is based is attached to the Change Order Summary (6 pages). See Exhibit B. The change order provides for the materials cost escalation that resulted during the suspension of work. The materials being delivered to the contractor are being delivered beyond the completion date of the original contract to complete the project. Material suppliers declined to honor their bid prices beyond the original contract duration time due to cost escalations from their suppliers and the delay in the project. Council requested additional information during the October 21, 2008 agenda presentation. As a result of the request, the project manager (ECMS, Felix Ocanas, P.E.) was directed to secure additional verification of the prices being actually incurred for material being delivered as work progressed. The Contractor's increased cost resulting in the request for a change order as detailed against the unit bid items are shown in the change order and the following table. A -1 Demobilization, Remobilization, Equipment Transport, and Resurvey $16,221.23 B -3 Rock Stockpile Delivery Truck Delivery Charges Increase 840.00 B -4 Caliche Truck Delivery Charge Increase 216.00 B -5 Increase in Cement Price (8 -in Cement Stabilized Sand Base) 163.80 B -6 Access Road HMAC 2 -in Finish Coat Price Increase 13,524.00 B -14 Re- establish Traffic Control 2,897.04 B -16 Increase Cost for Concrete and Re -bar; 410.72 C -3 Increase in Cement Price 1,965.60 C -4 Increase in HMAC and Tack Coat Oil 49,500.00 E -1 & E -2 Electrical Subcontractor Price Increases 1,850.34 Total $87,588.73 Confirmation of the largest price increases were received from the contractor in the form of photocopies of Bay Ltd. HMAC invoices for materials delivered to site. The invoice for material delivered indicated that the cost of asphalt had increased from $58.69 per ton in last spring, to $76.20 per ton this fall through November 6, 2008 (the most current invoice available). Despite the drop in the cost of oil, asphalt prices have remained stable at a higher cost if $76.20 per ton. However, the change order originally presented to Council on October 21, 2008 did include the additional $2.00 per ton HMAC contingency price increase. That additional increase in cost has not occurred and therefore is not needed. H.\ HOME\K EVINS\ GEMPACKERY \3295ACCeSSROadPaAtingLOt CO2BkgEXM.doc Elimination of the $2.00 per ton contingency cost for HMAC resulted in the original change order price presented October 21, 2008 to the current proposed change order price total of $87,588.73. Verification of one item responsible for a total increase of $216.00 could not be verified as the contractor was using his own equipment to supply caliche to the job site. The result being there was no separate invoice to verify the increase in trucking costs. The non - verified bid item is Item B -4 Flexible Caliche Base. The two largest cost increases for items B -6 and C -4 were for increased cost in the price of pavement (HMAC) and totaled $63,024.00. The third largest single cost item A- 1 was for demobilization, remobilization, and resurvey of the construction site for $16,221.23. That compares to the original bid mobilization cost of $44,700.00. The increase of all other items is less than $3,000.00 each as illustrated on the summary table on the preceding page. It should be noted that HMAC plant operators have not given guaranteed contract prices for most of 2008. All HMAC prices are based on a current daily rate. That daily rate from the HMAC supplier (Bay, Ltd.) has held steady through the most currently available invoice (November 6, 2008). PROJECT DESCRIPTION: The project consists of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of a 24 -foot wide, 1,200 LF (HMAC) access road and related signage and pavement markings and other items including installation of 1,000 square yards of concrete - reinforced pavement adjacent to the boat ramp, concrete bollards, minor drainage improvements, 3,500 linear feet of electrical conduits and pull boxes for future lighting, and minor landscaping items. CONTRACT TERMS: The original contract specified that the project was to be completed in 120 calendar days. Due to the suspension of work completion was anticipated to be early December 2008. Work will actually be complete in November of 2008. PROJECT BACKGROUND: The Packery Channel Project, including the boat ramp, was completed and the official ribbon cutting was held on October 6, 2006. The City of Corpus Christi was awarded a $500,000 grant from the Texas Parks and Wildlife Department (TPWD) on February 28, 2005 for expenses associated with the boat ramp. The City applied for another TPWD grant in the amount of $500,000 to construct a parking lot and access road to the boat ramp (Phase 2). That grant was awarded on January 26, 2007. The access road and parking lot project has been coordinated with the Texas General Land Office and Corps of Engineers permits have been acquired. Access for future phases including parking along Packery Channel was considered in the design of this Phase 2 project. After construction of the access road and parking lot, a separate aid -to- construction agreement will be executed with AEP for area lighting. The Packery Channel project is a storm damage reduction and environmental restoration project performed by the United States Corps of Engineers (USACE) H:\ HOME\ KEVINS\$ EMPACKERY1 3295AccessRoadParkingLol \CO28kgExhA.tloc Galveston District in which the City of Corpus Christi was the local sponsor. The project consisted of a channel between the Gulf Intracoastal Waterway and the Gulf of Mexico. The channel provided material for beach nourishment and backfill at the base of an existing floodwall and water exchange between the Laguna Madre and the Gulf of Mexico. FUNDING: Funding is available the Reinvestment Zone No. 2 Fund (Packery Channel). H:V OME\ KEVINS\ GEN\ PACKERY13295ACCessROadParkingLOl \CO2BkgExM.tloc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET November 18, 2008 PROJECT: Packery Channel Boat Ramp Parking Lot and Access Road (Project No. 3295) APPROVED: COUNCIL APPROVAL 03/25/08 (M2008 -079) CONTRACTOR: Garrett Construction, Inc. P. O. Box 1028 Ingleside, TX 78362 TOTAL CONTRACT AMOUNT 732,872.03 25% Limit Amount 183,218.00 Change Order No. 1 (04/28/08) 24,958.00 Change Order No. 2 (10/21/08) 87,588.73 Total 112,546.73 15.4% < 25% Funding: 550030 - 1111 -14800 Exhibit B Page 1 of 6 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER No: 2 PROJECT No: 3295 CONTRACT TIME: Operating Department: 120 CD Park and Recreation Department Date: November 11, 2008 Name of Project: Packery Channel Boat Ramp Parking Lot and Access Road Contractor: Garrett Construction Co. CONTRACT ITEM F -I (NEW) CHANGE Contract Suspension Costs. Contractor was directed to suspend construction Operations on May 14, 2008 and directed to resume work on September I, 2008. See Contractor's letter dated September 25, 2008, 1 page, and 3 pages of cost tabulabtion for compensation for cost escalation due to the suspension ..... ADD $87,588.73 TOTAL THIS CHANGE ORDER $87,588.73 Why was this change necessary? (If left off the plans and specifications, explain why) This provides compensation to the Contractor due to suspension of work without the fault or negligence of the Contractor and for the City's convenience. Portions of the Grant funds for this project were not made available in a timely fashion and the lateness of the funds was not made known to the City until after contract award and after start of construction. This provides full compensation to the contractor for said suspension. How can similar changes be avoided in the future? NA A. CONTRACT PRICE $ B. TOTAL CHANGE ORDERS (include current) $ C. NEW CONTRACT PRICE $ 11 THIS CHANGE ORDER $ E. PERCENT TOTAL CHANGE (B /A) $ F. PREVIOUS ADDN'L TIME AUTHORIZED $ G. ADDN'L CONTRACT TIME THIS CHANGE ORDER. . $ H. TOTAL ADDITIONAL TIME $ CITY OF CORPUS CHRISTI, TEXAS By: Director of Engineering Services 732,872.03 112,546.73 845,418.76 87,588.73 15.4% 0 110 CD 110 CD CONTRACTOR: By: Title: PROJECT ENGINEER: By: APPROVED: Operating Department Director of Management and Budget Legal Department City Manager City Secretary Exhibit B Page 2 of 6 Oct 21 08 "'0:368 D GARRETT CONSTRUCTION CO September 25, 2008 Mr. Felix Ocanas, Jr., P.E. ECMS, LLC 4455 SKID, Ste. 34 Corpus Christi, Tx 78411 RE: Packery Channel Boat Ramp Parking Lot & Access Road Dear Mr. Ocanas: As per your request, the following will help explain the increase in costs for this project and consequently my request for a change -order to the contract. (1) I had a surveyor come back out to re- establish lines and grades that were lost during the pullout. Hayden Surveying quoted $600.00 but I am sure it will be more as they have had to come out three times. (2) Star Operations (electrical sub) had an increase in material prices in the amount of $1659.50. (3) .Texas Lehigh (cement supplier) had an increase in price of $2.73 /ton which amounts to an increase of $1774.50. (4) Bay Hot Mix price when this job was bid was $58.69/ton—it has increased to $76.10 /ton and is projected to increase another $2.00 by the time we resume paving. As per the City's request, we will be installing an additional 1" HMAC overlay on the access road. (6) MC-30 prime oil has gone up about $1.75/gal since bid date. (7) Traffic control (lump sum) done twice. (8) Ready -mix concrete & rebar has gone up. (9) All trucking prices have gone up from $5.00 to $10.00/hour. (10 My mobilization costs will double as I had already had all the equipment that I needed for the jobsite on site when we shut down. I basically will have to do it all over again. I trust this will meet your approval. If you should need anything else, please call. Sincgrel sident JJG /s ett P.O. BOX 1028 • INGLESIDE, TEXAS 78382 -1028 p.t Exhibit B Page 3of6 ..s Exhibit B Page @e REASON FOR INCREASE ; \! , ) . Incas In Trucking Costs . ; g33■ | | F.| |c ! t1 (, E \ Ng. ) i11111 ° z ° , ! „ RE-DO TRAFFIC PLAN )t , ; • . ! TOTAL AFTER INCREASE Ill �l .4; , § a 5500.00 . d ! . - . } |;;, d. .t \ INCREASE COST DUE TO SUSPENSION ` . . 540 \ | . . . . . | } ; ( \ AMOUNT X ) § a 3 . 1 § . \ a § | | | ! ! I E § | | § ■ § , , ■ | . § • . . . , . . TOTAL BASE BID PARTS (items 61 tOrou00 1315): § ; t LYn.alon. 1' to r complete In pace. Oar WPC rang I CT t | ` l g \ ; _ ,« f ! 3 §! • / / </ ^ ~ \.: f ! / § 2 8 i . ( ( . f 1 |! / 'Reflective Pavement M61dn0 (WM) (ARROW). complete in SF Mace. Per §g40.Fom 'Reflective Pavement Marking FA/kg (WOr0). cemMM. M Place.' mum perL<p.r , § | ; a! • a ! | 1 la Mexican Fan Pane. umMNe N Mau. Per L0TQ§Om I LS , ! ! I 3 - ! IUIIIny Caeln0. 12 In. DIMnM.r Corrugated HOPE. compete In I LF Mau. per ilIn }LF ; 1 1 I 9 I} \ 1 § ! • , 1 . \ \ ih |)i |! !!! ` 1 1 ' i a ii 2 . . . . . . ; ; ; _ ; ; Exhibit B Page @e CHANGE ORDER No. 2 PACKERY CHANNEL BOAT RAMPO PARKING LOT AND ACCESS ROAD GARRETT CONSTRUCTION CO. PROJECT 3295 § g ) 2 - ! | . Cat of HMAC went up 319.451 Ton, Pdmer went up $1.75 1 Ton. Trucking coat went up 5t61 N.. an emra 117 of HMAC added. \ NO CHANGE 1 _ ) _ 1 _ - 1 _ Si , i ; W , ) i NO CHANGE NO CHANGE TOTAL AFTER INCREASE | , | , § ! | 1 .f ` a e § I i INCREASE COST DUE TO SUSPENSION `|!|!....888 - it 4 I i . f § K § §§ ! | ! ! ! | |! 7. 2 ■ | x § ! | | | ■... . . . . . ... TOTAL BASE MO PART C Ilema C1 through C16): : : ! t -6 . . . ! 1 ■ 6,6 PART C: PARKING LOT S Concrete Odveway and Heavy Bream Finished SidewaI. comps% in plane. Per Sa .Y A 101 Compacted Sand Suhgrade, compete in place and Include a9 suss preparation, Waring, Mdypng and We grading. compete in pan, per Square Ya% r CemenSMniaed Sand Subgrade (10% Cement by We.). compete In Para. per 1111! IF- / \| h i Precast Concrete Wheel Stop. F/10 complete In Pan. per Each a ! 8 2 in. MID 40 PVC Electrical Conduit. compete a pen. per Lsear Fool ! | \ §2 EMddal Pull Boxes. compete M p%a, per ERA 1 | \I Electrical Pug Boxes In concrete. compete in pan. perjggp Provide and WWI ADA Compliant PNNng Span Pavement matter. compete In plea. ERA, Provide and Install ADA Compile% Paling signs. compete In plea, ERA. -Traffic Permanent Signage. complete in pan per ERA Facility Permanent Sign. per ERA 5 : 0 ! 3.., 5 B E § 58 Exhibit B Page re CHANGE ORDER No. 2 PACKERY CHANNEL BOAT RAMPS PARKING LOT AND ACCESS ROAD GARRETT CONSTRUCTION CO. PROJECT 3295 | | - K , w , . ° . | g § SAME DUMMIES BUT AT HIGHER UNIT PRICEI SAME QUANTITIES BUT AT HIGHER UNIT PRICEI , Ow ;0 a 190.471.50 TOTAL AFTER INCREASE 2(/ ' - 111,313.53 INCREASE COST DUE TO SUSPENSION ..!a INCREASE COST DUE TO SUSPENSION i £brow § ( \ i i I § 19.415.30 1:1, UMT !i) I| BASE BID: TOTALS i| ■- 1g , .1.. TOTAL BASE BID (Parts A B. C. D. El: 11 TOTAL BASE 1340 PART E IRem 51 through EMI: § 6- .. TOTAL BASE BIG PART D Mem DI I .§,,. PART D: STORMWATER f(§ , ) \ ! il 1 h!R E| gg l| | ADD: 21n. SCHD 40 PVC ENMwI Conduit compete In pew. Per IWglLF_OB ADD: 3 M. SCHD 40 PVC Eleetr1M Conduit. compete M Mew. oar Linear Foot ! i 1 1 1 [1 ,._ .;. 2 } BID ITEM A-1 3 o | | voN SUB -TOTAL Exhibit a e 6 of 6 a |I■i„ 'a ) _ §8" £brow |!!!§ BASE BID: TOTALS i| Id Pert 1g TOTAL BASE BID (Parts A B. C. D. El: 11 1 | BID ITEM A-1 3 o | | voN SUB -TOTAL Exhibit a e 6 of 6 Fife : \ Mproject \councifexhibits \exh3295d.dwg LOCATION MAP NOT TO SCALE 0 11 1 TO CORPUS CHRIST 049 O PACKERY CHANNEL BOAT RAMP PARKING LOT AND ACCESS ROAD VICINITY MAP NOT TO SCALE CITY PROJECT No. 3295 EXHIBIT "C" PACKERY CHANNEL BOAT RAMP PARKING LOT AND ACCESS ROAD FY 2007 -2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -06 -2008 SINN =MP OW NMI MEM •s• ORDINANCE APPROPRIATING $87,588.73 FROM THE UNRESERVED FUND BALANCE IN THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR CONTRACTOR MOBILIZATION, DEMOBILIZATION AND OTHER CONSTRUCTION SUSPENSION COSTS FOR THE PACKERY CHANNEL BOAT RAMP PARKING LOT AND ACCESS ROAD AS PER CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT WITH GARRETT CONSTRUCTION OF INGLESIDE, TEXAS; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $87,588.73; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $87,588.73 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 is appropriated for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas. SECTION 2. The FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 is changed to increase appropriations by $87,588.730. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 11th of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary enry Gar Mayor APPROVED AS TO FORM: 05- Nov -2008 By: q�;1/Yf..o/'`y Veronica Ocanas Assistant City Attorney for City Attorney 111108 ORD App $87,588.73 - Packery Channel Boat Ramp, Parking Lot & Access Rd 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: I /we, 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, ✓i„ , %ate. Hen ' Garrett Mayor Council Members 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 111108 ORD App $87,588.73 - Packery Channel Boat Ramp, Parking Lot & Access Rd 9 AGENDA MEMORANDUM City Council Action Date: November 18, 2008 SUBJECT: Broadmoor Senior Center Improvements (CDBG /BOND 2008) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas, in the amount of $112,782 for the Broadmoor Senior Center Improvements project. (CDBG /BOND 2008) ISSUE: The Broadmoor Senior Center, located at 1651 Tarlton Street, has been in operation since 1990. It was originally constructed with monies from the Community Development Block Grant program. It is basically a one -room facility and, as such, is limited on the amount and types of programs that can currently be offered there. This proposal is to execute an architectural contract with Chuck Anastos Associates, LLC, for the design of a new 2,500 square foot multi - purpose activity room with high ceilings to allow more than one activity to take place at the center at one time. The project will also provide new ADA- compliant restrooms and combine the existing office, storage room and hall into a larger office with a service window. These improvements are designed to provide more education, nutrition, health and wellness, and multi - generational activities for the population that the center serves. FUNDING: Funding for this design project will come from the Community Development Block Grant Program. Construction funds are included in the approved 2008 Bond program. RECOMMENDATION: Staff recommends approval of the motion as presented. �i�tuwa f l;%- Sally Gavlik Director of Parks and Recreation Interim Director of Engineering Services Z_ to/« r 4 Kevin R. Stowers Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Location Map H:WOMEIRac4MelleIGEMParks 8 Recreation13361- Broadmoor Imps \Large AE Agenda Memosloc AGENDA BACKGROUND INFORMATION SUBJECT: Broadmoor Senior Center Improvements (CDBG /BOND 2008) PROJECT DESCRIPTION: This proposal is for the architectural, structural, mechanical, electrical, and plumbing engineering services as required for the following scope of work: A. New Large Activity Room: Provide a new 2,500 SF multi - purpose activity room(s) with high ceilings to allow more than one activity to take place at the Center at one time. Provide new accessible restrooms sized to handle the entire Center. Divide existing dining room to provide a smaller activity room and hall into kitchen and new restrooms. Combine existing office, storage room and hall into a larger office with service window. Reuse space from existing restrooms for storage to separate these restrooms from the entry lobby. Provide new and separate air condition system for the addition. It is understood the existing facility may require modifications including structural and mechanical /electrical /plumbing systems to integrate the existing with the new. B. Reroof Existing Facility: Reroof the entire existing facility with 40 -year composition shingles, modified bitumen flat roofing and new aluminum gutters and downspouts to eliminate roof leaks. Relocate the air conditioning equipment to a ground location with a chain -link security fence. The design of this project is being funded through FY 08 -09 Community Development and Block Grant proceeds. Due to the estimated cost of construction, the uncertainty of future CDBG proceeds, and the desire to complete this project in a timely manner, the construction costs were included in Proposition 6 of the November 2008 City of Corpus Christi bond election. Since voters approved the 2008 City bond election on November 4, 2008, construction of the Broadmoor Senior Center improvements can proceed once the design of the contract is completed. The anticipated schedule for design and construction of the Broadmoor improvements is as follows: November 19, 2008 December 10, 2008 December 18, 2008 January 28, 2009 March 4, 2009 March 31, 2009 April 2009 May 2009 June 2009 March 2010 Commence Preliminary Design Phase Submit Preliminary Design Memorandum Commence Design Phase 60% Design Submission 100% Design Submission (Pre - Final) Final Submission Advertise for Bids Receive Bids Commence Construction (Estimated 9 months) Construction Completion EXHIBIT "A" Page 1 of 3 H:UIOMORackellelGEMParks 8 Recreatian13361- Broadmoor Imps \Large AElAgenda Background.doc CONTRACT SUMMARY: Chuck Anastos Associates, LLC, is proposing to provide architectural services for the design, bidding and construction phases as follows: Design Phase: • Obtain a set of "As- Built" plans, etc. from City staff describing existing conditions at the Broadmoor Senior Center; • Field verify existing conditions at site; • Analyze International Building Code, Texas Windstorm and TDLR requirements; • Prepare Preliminary Design Drawings for the new additional space, integration with and remodeling of existing space, replacement roofing system(s), and meet with Registered Accessibility Specialist for review of preliminary plans; • Meet with City staff as required for design review and approval; • Produce final Design Plans (Construction Documents) for bidding and construction; and • Submit final Design Plans Registered Accessibility Specialist for submission to State of Texas. Bidding Phase: • Participate in the pre -bid conference; • Assist the City in solicitation of bids; • Review all pre -bid questions and prepare necessary addenda; • Attend bid opening, analyze bids and make recommendations concerning award of the contract. Construction Phase: • Make approximately one (1) site visit per week during construction to observe the work; • Meet with and advise Public Art Committee; and • Make approximately one (1) site visit per month during construction to observe the quantity of work, and review and approved Contractor's Applications for Payment monthly. SUMMARY OF FEES: Fee for Basic Services 1. Preliminary Phase $37,784.00 2. Design Phase $54,558.00 3. Bid Phase $2,000.00 4. Construction Phase $18,440.00 Subtotal Basic Services Fees $112,782.00 Fee for Additional Services (Allowance) 1. Total Permitting 0 2. ROW Acquisition Survey (AUTHORIZED) 0 3. Topographic Survey (AUTHORIZED) 0 4. Environmental lssues 0 EXHIBIT "A" Page 2 of 3 H:IHOME\Rathelle \GEH1Parks & Recreation 13361- Broaomoor ImpslLarge AEWgenoa Backgrouno.00c 5. Construction Observation Services 0 6. Start-up Services 0 7. Warranty Phase 0 8. Provide SCADA Documentation 0 Sub -Total Additional Services Fees Authorized 0 Total Authorized Fee $112,782.00 FUTURE ACTIONS: Approval of a contract to construct the Broadmoor Senior Center Improvements. PROJECT BACKGROUND: On September 2, 2008, the City distributed RFQ No. 2008 -03 for the Wards Building Rehabilitation and Parking Lot to 83 local consultants. On September 3, 2008, the City distributed Addendum No. 1 to RFQ No. 2008 -03 to add the Broadmoor Senior Center Improvements for engineering work to include preparation of plans, specifications, bid, and contract documents. The construction costs of the project were included as part of Proposition 6 (Park and Recreation Projects) of the 2008 City of Corpus Christi Bond Election, which was approved by voters on November 4, 2008. EXHIBIT "A" Page3of3 H:IHOME1Rathe11e1GEMParks 8 Recrealion13361- Broadmoor ImpslLarge AENgenda Background.doe PRIOR PROJECT ACTIONS SUBJECT: Broadmoor Senior Center Improvements (CDBG /BOND 2008) PRIOR COUNCIL. ACTION: 1. 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) 2. Apri1l5, 2008 — Resolution adopting the FY 2008 -FY 2012 Consolidated Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 -FY 2012 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 -FY 2012 Consolidated Plan if required by HUD. (Resolution No. 027663) 3. April 15, 2008 - Resolution adopting the FY 2008 Consolidated Annual Action Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 Consolidated Annual Action Plan if required by HUD. (Resolution No. 027664) PRIOR ADMINISTRATIVE ACTION: 1. September 2, 2008 - Distributed RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot to 83 local consultants. 2. September 3, 2008 - Distributed Addendum No. 1 to RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot and Broadmoor Senior Center Improvements to 83 local consultants. 3. September 8, 2008 - Distributed Addendum No. 2 to RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot and Broadmoor Senior Center Improvements to 83 local consultants. 4. September 9, 2008 - Distributed Addendum No. 3 to RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot and Broadmoor Senior Center Improvements to 83 local consultants. H:IHOME\RachellelGEMParks 8 Recreation13361- Broadmoor Imps\Large AEIPnor Actions doc \Mproject \councilexhibits \exh3361 B.dwg ROAD rc w CORPUS CHRISTI B.ay PROJECT LOCATION 1651 TARLTON ST CORPUS CHRISTI, TX F.M. 43 PROJECT No. 3361 EXHIBIT "B" BROADMOOR SENIOR CENTER IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/07/2008 — — ••■•• 10 AGENDA MEMORANDUM Citv Council Action Date: November 18, 2008 SUBJECT: Kingsbury Drive Bridge Replacement (Project No. 2198) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a reimbursement agreement with Tierra Pipeline Group, LLC, of San Antonio, Texas, in an amount not to exceed $150,000 for the Kingsbury Drive Bridge Replacement for relocation of existing utility lines. ISSUE: This project is a Texas Department of Transportation (TXDOT) project to replace the City of Corpus Christi's bridge at Kingsbury Drive as part of TXDOT's off- system bridge replacement program. Prior to the replacement of the bridge, existing utilities must be adjusted or relocated at the City's expense. Tierra Pipeline Group, LLC, is the owner of a petroleum products pipeline that is in conflict with the proposed bridge construction, and the City shall reimburse Tierra for the cost of relocating the pipeline an amount not to exceed $150,000. FUNDING: Funding for this project will come from the Storm Water Capital Improvement Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. Va -r - Gray, P. Dir- - or of Storm at r Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Reimbursement Agreement Exhibit "C" Location Map H: W OMEgiachelle \GEMOrainage12198- Kingsbury BridgeUgenda Memo.doc Kevin R. Stowers Interim Director of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Kingsbury Drive Bridge Replacement — REIMBURSEMENT AGREEMENT (Project No. 2198) PROJECT DESCRIPTION: In order for TXDOT to proceed with the City of Corpus Christi's Kingsbury Drive Bridge Replacement, the existing utilities need to be relocated. The City is responsible for the cost of the utilities relocation. Tierra Pipeline Group, LLC, is the owner of a petroleum products pipeline that is in conflict with the proposed bridge construction, and the easement encompassing Tierra's pipeline predates the dedication of the Kingsbury Drive street right -of -way. Tierra is lowering their line by directional drilling. Their agreement has a not -to- exceed figure of $150,000 and 90 days from the date of authorization to complete the project (see the Reimbursement Agreement, Exhibit "B "). There is also another pipeline, owned by Air Liquide, which is in conflict with the proposed bridge construction. Air Liquide is cutting and capping their line and the City has entered into a small Reimbursement Agreement with Air Liquide for a not -to- exceed amount of $35,000. The agreement also states that Air Liquide has 60 days from the date of authorization to complete that project. TXDOT will not proceed with letting this project until the existing utilities have been relocated, with construction of the bridge to follow. PRIOR COUNCIL ACTION: 1. June 24, 2003 — Resolution authorizing the City Manager, or the City Manager's designee, to execute an Advance Funding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following bridge replacement projects: (Resolution No. 025350) • Wooldridge Road Bridge • Kingsbury Drive Bridge • Lexington Road Bridge 2. January 11, 2005 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. in the amount of $433,234, for a total restated fee of $458,207, for the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation project. (Motion No. 2005 -009) • Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 • Concrete Lined Channel Rehabilitation: Carroll West • Concrete Lined Channel Rehabilitation: Airport, Phase 2 • Concrete Lined Channel Rehabilitation: Flynn Shea • Bridge Rehabilitation: Kingsbury Drive • Bridge Rehabilitation: Lexington Road • Drainage Channel Excavation: Saratoga Boulevard Bridge H: HOME U2achelle \GEMBraiinage12198- Kingsbury BridgelAgenda Background.doc EXHIBIT "A" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3. March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4. March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 6. April 11, 2003 — Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 7. April 17, 2003 — Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 8. April 25, 2003 — Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 9. August 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 10. February 6, 2004 - Letter Of Notification No. 3 to the Request for Qualifications (RFQ) No. 2002 -01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out -of- town). 11. February 12, 2004 - Addendum No. 1 to the Letter Of Notification No. 3 to the Request for Qualifications (RFQ) No. 2002 -01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out -of- town). 12. November 14, 2008 — Administrative approval of a small Reimbursement Agreement with Air Liquide Large Industries U.S., LP, in an amount not to exceed $35,000 for the Kingsbury Drive Bridge Replacement to cut and cap an existing utility line. H:g1OMEgiechelle\GEN Drainage1219&IGngsbury BriegeWgenda Backgroune.eoc EXHIBIT "A" Page 2 of 2 REIMBURSEMENT AGREEMENT State of Texas County of Nueces ,a This agreement is entered into this / & day of Or e— , 2008 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called CITY and Tierra Pipeline Group, LLC, a Texas Corporation hereinafter called TIERRA; both acting through their duly authorized representatives. WHEREAS, CITY desires to replace an existing bridge on Kingsbury Drive over an unnamed tributary of Turkey Creek as shown on Exhibit A; and WHEREAS, TIERRA is the owner of a petroleum products pipeline that is in conflict with the proposed bridge construction; and WHEREAS, the easement encompassing TIERRA's pipeline predates the dedication of the Kingsbury Drive Street Right of Way; the City will pay an amount not to exceed $150,000 for TIERRA to relocate its pipeline. NOW THEREFORE; CITY and TIERRA agree as follows: 1. TIERRA shall, at its own cost, adjust or relocate its pipeline to clear CITY's proposed bridge construction. The relocated pipelines shall be outside the project area lines as shown in Exhibit A. 2. TIERRA shall be responsible for surface restoration to its original condition all areas disturbed by their operations (i.e, lawns, trees, driveways, tree removal and replacement, other utility relocations and adjustment etc.).. 3. TIERRA shall submit to the CITY, for review, plans for the pipeline relocation and a schedule for completion. 4. CITY shall reimburse TIERRA for the costs of relocating the pipeline an amount not to exceed $150,000.00. Reimbursement shall be made upon submission of invoices detailing the costs incurred in the relocation. 5. TIERRA shall relocate its pipeline within 90 days of approval of this agreement by CITY Council. 6. CITY shall have no liability for any damages incurred due to TIERRA's operation.. Executed in duplicate this day of , 2008. Kingsbury Bddge Replacement Page 1 of 2 Tlena Pipeline Company CITY OF CORPUS CHRISTI,TX TIERRA PIPELINE GROUP, LLC By By Angel R. Escobar, P.E. Date Interim Assistant City Manager RECOMMENDED By Kevin Stowers Date Interim Director, Engineering Services ATTEST By Armando Chapa, Date City Secretary APPROVED AS TO FORM By City Attorney Date Kingsbury Bridge Replacement Page 2 of 2 Items Pipeline Company Print 6- —IP E GDmww Date t -/6 °700? Title` t ve-£GR`ot op t17 pN a 7811 S.Presa San Antonio, TX 78223 IEXHIBIT "B" I Page 2 of 2 \ Mproject \councilexhibits \exh21988. dwg KINGSBURY DRIVE BRIDGE REPLACEMENT CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/07/2008 1111■F WPM 11 AGENDA MEMORANDUM DATE: November 18, 2008 SUBJECT: Street Overlays Amendment No. 3 Cluster 1 (Project No. 6446) Cluster 2 (Project No. 6447) Cluster 4 (Project No. 6460) AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract For Professional Services with Coym, Rehmet, Gutierrez Engineering, LP in the amount of $62,400, for a total restated fee not to exceed $227,740, for the Street Overlays Cluster 1 for design and construction administration of ADA Curb Ramps. B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract For Professional Services with LNV Engineering, Inc. in the amount of $205,870, for a total restated fee not to exceed $370,980, for the Street Overlays Cluster 2 and Cluster 4 for design and construction administration of ADA Curb Ramps and additional construction inspection of Clusters 2 and 4. ISSUE: As part of the Street Overlay 2008 project, eighteen street locations are presently undergoing improvements. The two proposed amendments will provide for the design and construction oversight of ADA compliant curb ramps at all cross - street intersections for those curbs facing the overlay street. Approximately 59 ADA curb ramps are scheduled for Cluster 1, 39 ADA ramps are scheduled for Cluster 2, and 52 ADA curb ramps are scheduled for Cluster 4. The amendment for LNV Engineering, Inc. also includes a provision for additional Construction Inspection on Clusters 2 and 4. (See Project Background, Exhibit A) FUNDING: Funding is available from the FY 2008 Street Tax Notes authorized by City Council on May 20, 2008 by Ordinance 027708. RECOMMENDATION: Staff recommends approval of the Motion as presented. t/TT /110 Kevin Stowers, / Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Contract Summary Exhibit "C" Location Map BACKGROUND INFORMATION "EXHIBIT A" SUBJECT: Street Overlays Amendment No. 3 Cluster 1 (Project No. 6446) Cluster 2 (Project No. 6447) Cluster 4 (Project No. 6460) AMENDMENT NO. 3 DESCRIPTION (Coym, Rehmet, Gutierrez Engineering): This amendment is providing for the design, construction facilitation and oversight of approximately 59 ADA curb ramps. The construction work will be accomplished by change order to the existing Overlays Cluster 1 Contract with Haas Anderson Construction. The A/E will perform the necessary services related to the design, change order and construction phases of the project. (See Contract Summary, Exhibit "B ") The designated street locations are: • River Hill Drive — FM 624 to Dead End • Wandering Creek Drive — Leopard Street to Turkey Creek Drive • Wildcat Drive — FM 624 to Teague Lane • Carancahua Street — Hancock Avenue to Morgan Avenue • Louisiana Parkway (n) — Santa Fe Street to Alameda Street • Louisiana Parkway (s) — Ocean Drive to Santa Fe Street • Louisiana Parkway (s) — Santa Fe Street to Staples Street • Robert Drive — Gaines Street to Alameda Street • Flynn Parkway — Bonner Drive, Philippine Drive to Holly Road. All locations involve repairs within the existing rights -of -way. AMENDMENT 140. 3 DESCRIPTION (LNV Engineering): This amendment is providing for the design and construction facilitation and oversight of approximately 91 ADA curb ramps. The construction work will be accomplished by change order to the existing Overlays Cluster 2 Contract with Bay Ltd., and Cluster 4 Contract with Haas Anderson Construction. The A/E will perform the necessary services related to the design, change order and construction phases of the project. (See Contract Summary, Exhibit "B ") The designated street locations are: CLUSTER 2: • Nueces Bay Boulevard — Up River to IH -37 • Tarlton Street— Greenwood to Washington • Up River Road Nueces Bay to Palm Dr. • Morgan Avenue— Crosstown to Baldwin • Baldwin Boulevard— Airport Road to Agnes IEXHIBIT "A" I Page 1 of 4 ._....w...e.,. u., vercune RACKOROOND do° CLUSTER 4: • Shoreline Boulevard — Power Street to Oleander Avenue All locations involve repairs within the existing rights -of -way. Additional work included in the Amendment to LNV Engineering provides for the construction contract administration for the five streets in Cluster 2. An amendment is necessary due to the fact that Cluster 2 and 4 projects were divided into two separate construction contracts with two different contractors. The original contract only provided for inspection services as part of one construction contract and with one contractor. (See Contract Summary, Exhibit "B ") ADDITIONAL INFORMATION: A small A/E contract amendment is being negotiated and administratively approved for similar ADA work on Cluster No. 3. A change order with Haas Anderson Construction will be brought to City Council in the near future for approval of the proposed construction work. When this project was originally designed, ADA curb ramps were not included. Due to good bid prices on the original construction contracts, there are adequate funds to add the additional ADA enhancements. PROJECT BACKGROUND: On May 20, 2008, the City Council approved an ordinance authorizing the issuance of tax notes in the principal amount of $22,260,000 for a number of projects including: • South Guth Ball Fields Relocation Project, • Improvements to the Facilities with the Bayfront Arts and Sciences Park, • Solid Waste Equipment, • Street Equipment, and • Street Improvements The funds designated for street improvements included the overlay of a 18 streets throughout the City identified as needing to be overlaid with 11/2" to 2" hot- mix - asphalt- concrete (HMAC) because the existing pavement was in a distressed condition. Applying an overlay treatment at this point would extend the useful service life of the roadway and delay the needs for a full reconstruction project. The specific improvements currently under construction consist of milling the existing asphalt pavement, limited pavement repair, hot - mix - asphalt- concrete (HMAC) overlay, valve and manhole adjustments, and limited curb repair and pavement markings. All improvements are located within the existing rights -of -way. H:WOMEtYNDASIGEMStreeta12006 Tax Notes 16446 - Street Overlays Amendment Na 3AGE NOA RACKGROI INn rant, EXHIBIT "A" Page 2 of 4 The specific streets were selected using the following criteria: • The existing Street Condition Index as determined by the Street Department • The current and projected traffic volume • Project cost and lifecycle considerations to extend the streets' service life and ride quality for an additional 10 to 12 years • Existing drainage and curb and gutter conditions, and • Coordination with other City project regarding traffic impacts and congestion On June 10, 2008, three Contracts for Professional Services were awarded to engineer consultant firms: (1) Coym, Rehmet & Gutierrez Engineering, (2) LNV Engineering, and (3) RVE, Inc. The original small consultant contract to each of the three consultants was authorized for the consultants to begin site investigation. Coym, Rehmet & Gutierrez Engineering was chosen as the lead consultant in order to expedite the bidding and construction process. STREETS TO REPAIRED: The list of streets and consultants is as follows: Covm, Rehmet & Gutierrez Engineering, LP — Cluster 1 Streets • River Hill Drive — FM 624 to Dead End • Wandering Creek Drive — Leopard Street to Turkey Creek Drive • Wildcat Drive — FM 624 to Teague Lane • Carancahua Street — Hancock Avenue to Morgan Avenue • Louisiana Parkway (N) — Santa Fe Street to Alameda Street • Louisiana Parkway (S) — Ocean Drive to Santa Fe Street • Louisiana Parkway (S) — Santa Fe Street to Staples Street • Robert Drive — Gaines Street to Alameda Street • Flynn Parkway — Bonner Drive, Philippine Drive to Holly Road LNV Engineering — Cluster 2 Streets • Nueces Bay Boulevard — Up River to IH -37 • Tarlton Street— Greenwood to Washington • Up River Road — Nueces Bay to Palm Dr. • Morgan Avenue— Crosstown to Baldwin • Baldwin Boulevard— Airport Road to Agnes IEXHIBIT "A" Page 3 of 4 RVE, Inc. — Cluster 3 Streets • Trojan Drive— Greenwood to Crosstown Expressway • Airline Road — Ocean Drive to Alameda • Commodores — PR 22 to Aquarius LNV Engineering — Cluster 4 Streets • Shoreline Boulevard — Power Street to Oleander Avenue H:IHOME\LYNDA$\GEN1Streets12008 Tax Notes6446- Street OverlaysAsnnndment Nn 9WGFNDA RACKGRODNn ,w EXHIBIT "A" Page 4 of 4 PRIOR PROJECT ACTIONS EXHIBIT A -1 SUBJECT: Street Overlays Amendment No. 3 Cluster 1 (Project No. 6446) Cluster 2 (Project No. 6447) Cluster 4 (Project No. 6460) PRIOR COUNCIL ACTIONS: 1. April 8, 2008 - Resolution approving the following projects to be funded through the issuance of Tax Notes: South Guth Ball Fields Relocation Project, Improvements to the Facilities with the Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Science and History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste Equipment, Street Equipment and Street Improvements. (Resolution No. 027649) 2. May 10, 2008 - Ordinance authorizing the issuance of tax notes in the principal amount of $22,260,000; approving the sale of the notes; providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof; and ordaining other matters related thereto. (Ordinance No. 027708) 3. June 10, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $72,965 for a revised fee of $120,200 for the Street Overlays Cluster 1. (Motion No. M2008 -141) 4. June 10, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $70,660 for a revised fee of $115,610 for the Street Overlays Cluster 2. (Motion No. M2008 -142) 5. June 10, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with RVE, Inc. of Corpus Christi, Texas, in the amount of $52,890 for a revised fee of $97,530 for the Street Overlays Cluster 3. (Motion No. M2008 -143) 6. August 26, 2008 - Ordinance appropriating an amount of $1,550,000 of the Unappropriated Fund Balance in the General Fund No. 1020 for the 2008 Street Overlay Projects; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,550,000; and declaring an emergency. 7. August 26, 2008 - Ordinance appropriating an amount of $1,100,000 of the Unappropriated Fund Balance in the Seawall Improvement Fund No. 1120 for the 2008 Street Overlay Project (North Bound Shoreline Portion); changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,100,000; and declaring an emergency. EXHIBIT "A -1" Page 1 of 2 H:WOME \LYNDAS \GEN\Streets\2008 Tex Notest8446 - Street OverlaysWnendment Na 3 \PRIOR PROJECT ACTIONS.doc 8. August 26, 2008 - Motion authorizing the City Manager or his designee to execute a construction contract with Bay Ltd. of Corpus Christi, Texas, in the amount of $2,105,100.90 for the Street Overlays Cluster 2 for the Total Base Bid. 9. August 26 2008 - Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson of Corpus Christi, Texas, in the total amount of $7,181,425.20 for the following projects: • Street Overlays Cluster 1 for the Total Base Bid in the amount of $2,088,546.00; • Street Overlays Cluster 3 for the Total Base Bid in the amount of $1,943,789.70; • Street Overlays Cluster 4 for the Total Base Bid plus Additive Alternate Nos. 1, 2 and 3 in the amount of $3,149,089.50. 10. August 26, 2008 - Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas, in the amount of $97,882 for the Street Overlays Clusters 1, 2, 3 and 4 project. PR IOR ADMINISTRATIVE ACTIONS: 1. May 15 2008 - Administrative approval of a Small NE Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $47,235 for the Street Overlays Cluster 1. 2. May 27, 2008 - Administrative approval of a Small NE Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $44,950 for the Street Overlays Cluster 2. 3. June 19, 2008 — Administrative approval of Amendment No. 2 to the Contract For Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $49,500 for a revised fee of $165,110 for the Street Overlays Cluster 2. 4. November 6, 2008 - Administrative approval of Amendment No. 2 to the Contract For Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $45,140 for a revised fee of $165,340 for the Street Overlays Cluster 1. EXHIBIT "A -1" Page 2of2 H:IHOMEILYNDASIGEN\Streets12008 Tax Notes18448 - Street OverlaysVtmendment No. 3\PRIOR PROJECT ACTIONS.doc CONTRACT SUMMARY EXHIBIT B Amendment No. 3 Covm, Rehmet & Gutierrez Engineering, L.P. The City of Corpus Christi, Texas hereinafter called "City" and Coym, Rehmet & Gutierrez Engineering, L.P. hereinafter called "Consultant" agree to the following amendments to the Contract for Professional Services for Street Overlays Cluster 1 (Project No. 6446), as authorized by: Small NE Contract May 15, 2008 Administrative Approval $47,235.00 Amendment No. 1 June 10, 2008 Motion 2008 -141 $72,965.00 Amendment No. 2 November 6, 2008 Administrative Approval $45,140.00 In the original contract, the SCOPE OF SERVICES shall be modified to include the following paragraphs: BASIC SERVICES 1. Scope of Project: Approximately 59 ADA curb ramps are scheduled for Cluster 1. The work will be accomplished by change order to the existing Overlays Cluster 1 Contract. The NE will perform the following services related to preliminary engineering, design, change order and construction phases of the project. 2. Provide Preliminary Phase Services a. Participate in meetings with the City, consultants for Clusters 2, 3 and 4, (RVE Inc. and LNV Inc.) and ADA consultant to ascertain the scope of the project, TDLR requirements and methodology for change order plans and proposal (3 meetings). b. Perform site visits to all proposed ramp locations (59) and record preliminary findings regarding general type of curb ramp required. The general type of curb ramp will be in general accordance with the TXDOT PED — 05 Standard. c. Prepare quantity estimates for all curb ramps. d. Prepare preliminary cost estimates for the project utilizing general unit price data supplied by the City. e. Coordinate the preliminary phase work of RVE and LNV and submit the preliminary cost estimate to the City as one packet. IEXHIBIT "B Page 1 of 6 H:W OME\LYNDAS \GEN\Slreets\2008 Tax Notes\6446 - Street OverlaysWnendment No. 3 \CONTRACT SUMMARY doc 3. Provide Design Phase Services a. Participate in a predesign meeting with the City and other consultants to coordinate style and content of change order plans and proposal form for all four clusters. b. Utilizing plotted field work, coordinate with subconsultant ADA specialist to design ADA - compliant curb ramps at the proposed locations. c. Prepare plan sheets for inclusion in the change order to the contract. The plan set will consist of: 1. Plans Cover Sheet 2. General Construction Notes and Quantities Sheet 3. Street Plan Sheets (11 sheets) 4. Curb Ramp Design Details of each ramp (12 sheets — 59 locations) 5. TXDOT PED — 05 Standard Detail Sheets (4 sheets) d. Prepare a proposal form and necessary specifications packet. e. Prepare a preliminary opinion of probable cost f. Submit to the City's Registered Accessibility Specialist (RAS) for review. g. Submit a set of change order plans and documents to the City for review. Receive comments, make changes as necessary. h. Perform a quality assurance /quality control (QA/QC) review of the plan set and documents. 4. Provide Change Order Phase Services a. Submit proposal forms and change order to contractor, review the scope of the work and answer contractor questions. b. Meet with the City and the contractor regarding the change order. c. Work with the City and the contractor to finalize the change order and if necessary, attend a preconstruction conference for the change order work. 5. Provide Construction Phase Services a. Coordinate with the City's RAS during construction of the improvements. b. Make site visits as required to coordinate with the City's RAS, City construction inspector and the contractor. c. Complete final closeout plans as required by the City's RAS and work with the RAS to obtain final TDLR approval. ADDITIONAL SERVICES 1. Provide a Topographic Survey a. Perform topographic surveys of the 59 proposed curb ramp locations. b. Plot field work. 2. Provide services of a RAS as a consultant for design of the curb ramps to insure compliance with TDLR regulations. All three engineering consultants will utilize the same RAS to insure uniformity and standardization of design. H:IHOMELLYNDAS\GEN1Streetst2008 Tax Notes16446 - Street Overlayswnendmenl No. 31CONTRACT SUMMARY.doc IEXHIBIT "B I Page 2 of 6 The City staff will: a. Furnish a Registered Accessibility Specialist (RAS). b. Furnish a project representative. c. Pay all TDLR fees as required. d. Prepare monthly pay estimates for payment to the contractor. TIME OF PERFORMANCE The construction contract time associated with the change order is approximately 60 calendar days. The work anticipated herein (All Basic Services and Additional Services) is for 15 weeks after the Notice to Proceed. FEES The fees for Amendment No. 3 are as follows: Basic Services: Preliminary Phase Services Design Phase Services Change Order Phase Services Construction Phase Services TOTAL BASIC SERVICES: Additional Services: Topographic Survey ADA Consultant TOTAL ADDT'L SERVICES: TOTAL AMENDMENT NO. 3 $5,770.00 $19,535.00 $1,995.00 $16,335.00 $43,635.00 $12,665.00 $6,100.00 $18,765.00 $62,400.00 SUMMARY OF CONTRACT FEES TO DATE: Small A/E Amendment No. 1 Amendment No. 2 Amendment No. 3 TOTAL CONTRACT AMOUNT $47,235.00 $72,965.00 $45,140.00 $62,400.00 $227,740.00 u•,unurU vuneQtfSnaatrant.'9 RTa. NnIscW4R- Street OverlaysWnendment No. 3\ CONTRACT SUMMARY.doe EXHIBIT "B I Page 3 of 6 Amendment No. 3 LNV Engineering, Inc. The City of Corpus Christi, Texas hereinafter called "City" and LNV Engineering hereinafter called "Consultant" agree to the following amendment to the Contract for Professional Services for Street Overlays Cluster 2 and Cluster 4 (Project No. 6447), as authorized by: Original Contract May 27, 2008 Administrative Approval $44,950.00 Amendment No. 1 June 10, 2008 Motion No. 2008 -142 $70,660.00 Amendment No. 2 June 19, 2008 Administrative Approval $49,500.00 In the original contract, the SCOPE OF SERVICES shall be modified to include the following paragraphs: BASIC SERVICES Construction Phase Services The NE will perform contract administration for the five streets in Cluster 2 to include the following: 1. Participate in the pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. 2. Review for conformance to contract documents, asphalt mix designs, and other submittals. 3. Review field and laboratory tests. 4. 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. 5. Provide a project staff engineer for on -site part-time construction administration and observation. The staff engineer will work in conjunction with the contractor's superintendent to delineate areas of pavement repair. 6. The project manager (PE) will make periodic visits to the Project to confer with the 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. 7. 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. 8. Engineer will review curb & gutter grade data provided by contractor. 9. Make prefinal and final inspections with City staff and provide the City with a Certificate of Completion for the project. 10. 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 file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn EXHIBIT "B Page 4 of 6 H:HOME\LVNOAS\GEMStreetst2008 Tax Notest6446 - Street OvetlaysV iendment No. 3 ■CONTRACT SUMMARV.doc using dwg format in AutoCAD, and graphics data will be provided in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. 11. Conduct a one -year warranty inspection and submit a report to the City and contractor of defects in materials and workmanship required to be repaired under the warranty provisions of the construction contract. The City staff will: 1. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. 2. Receive and process applications /estimates for payments to the contractor. 3. Conduct the prefinal and final acceptance inspections with the Engineer. 4. Prepare monthly estimates and submit to the City Construction Administration Department for payment. ADDITIONAL SERVICES - None. TIME OF PERFORMANCE - All work in this Amendment No. 3 shall be completed by the ENGINEER in 140 calendar days for Cluster 2 and 190 calendar days for Cluster 4. FEES The fees for Amendment No. 3 are as follows: CLUSTER 2 BASIC SERVICES: ADA Preliminary Phase $ Design Phase $ ADA Change Order $ ADA Construction Phase $ Additional Construction Phase Services $ Sub -Total Basic Services: $ ADDITIONAL SERVICES: Topographic Survey /CADD Files ADA Review by RAS Sub -Total Additional Services: Sub -Total Cluster 2: CLUSTER 4 BASIC SERVICES: ADA Preliminary Phase Design Phase ADA Change Order Phase 4,100.00 16,930.00 1,190.00 12,460.00 45,000.00 79,680.00 $ 9,370.00 $ 7,160.00 $ 16,530.00 $ 96,210.00 $ 4,100.00 $ 19,930.00 $ 1,190.00 H: \HOMELLYNDAS1GEN\Slreels12008 Tax Notes \8448 - Street Overlays1Amendmenl No. 3 \CONTRACT SUMMARY Eec EXHIBIT "B Page 5 of 6 ADA Construction Phase $ 15,270.00 Additional Construction Phase Services $ 49,500.00 Sub -Total Basic Services: $ 89,990.00 ADDITIONAL SERVICES: Topographic Survey /CADD Files $ 11,220.00 ADA Review by RAS $ 8,450.00 Sub -Total Additional Services: $ 19,670.00 Sub -Total Cluster 4: $109,660.00 TOTAL AMENDMENT NO. 3 $ 205,870.00 Original Contract: Amendment No. 1: Amendment No. 2: Amendment No. 3: Total Revised Contract Amount: $ 44,950.00 $ 70,660.00 $ 49,500.00 $205,870.00 $ 370,980.00 YM EXHIBIT "B Page 6 of 6 \ Mproject \councilexhibits \exh 64468. dwg WANDERING CREEK 0R— LEOPARD ST TO TURKEY CREEK DR CARANCAHUA ST- HANCOCK AVE TO MORGAN AVE FM 43 FLYNN PARKWAY - BONNER DR, PHILIPPINE DR TO HOLLY RD CITY PROJECT No.6446 a LOCATION MAP NOT TO SCALE GvCY 07 T1TXICO EXHIBIT 'C' STREET OVERLAYS CLUSTER 1 BOND 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 3 DATE: 11/06/2008 IIMMP IS ESE OSSMO \Mproject \ councilexhibits \exh6447clstr2 &4. dwg NUECES BAY— UP I RIVER ID 114-37 UP RIVER— NUECES I BAY TO PALM N CITY PROJECT No.6447 LOCATION MAP NOT TO SCALE EXHIBIT 'C' STREET OVERLAYS CLUSTER 2 BOND 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 11/06/2008 wv \ Mprojec t \ cou nci lexhibi is \ exh 6447cls tr2 &4. dwg HORELINE— POWERS I OLEANDER CORPUS csiIS?T B.ay N GM 2444 QILC7 03 a v .74EX T CO CITY PROJECT No.6447 LOCATION MAP NOT TO SCALE EXHIBIT 'C' STREET OVERLAYS CLUSTER 4 BOND 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 3 of 3 DATE: 11/06/2008 12 AGENDA MEMORANDUM November 18, 2008 SUBJECT: Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) - Project No. 6279 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in an amount not to exceed $129,005.17 for a restated not to exceed contract amount of $14,791,114.17 for water line revisions and tie -in beyond the original construction limits for the Bayfront Development Implementation Plan — Phase 1 Improvements. ISSUES: Council must authorize the execution of the change order to authorize payment for the work included in the change order. FUNDING: Funding is available from the Utility Capital Improvement Funds (Commercial Paper). RECOMMENDATION: Approval of the motions as presented. (11/41/n Kevin towers Interim Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Change Order Summary Exhibit C. Location Map H:\HOM E \KE VI NS \GE N \BayfrontMaste rPla n\Phase 1 \CO3Memo.doc Page 1 of 1 BACKGROUND INFORMATION CHANGE ORDER: The change order provides for the installation of an eight -inch (8 -in) water line, pavement repairs, a two -inch water service, a tapping sleeve and valve, exploratory excavation, temporary fencing, traffic control and the deduction of unneeded water line cut and cap and an unneeded PVC pipe and appurtenances. The specific items are: Bid Items Add: B2 Removal of existing pavement 389 -sy @ $162/sy D15 8 -in PVC water line 560 -If @ $81/If Non -Bid Items Add: 2 -in road crossing on Resaca Tap sleeve & valve on Water St. Exploratory excavation — line locates New temporary fence including removal of existing fence where required, new gates with removal and restoration of original construction fencing when work is complete Additional traffic control 1 -ea @ $3,890.00 ea. 1 -ea @ $5,210.00 ea. 10.5 -hrs @ $391.73/hr Mark up (15 %) on non -bid price items Deduct: D5 Cut & cap existing line D12 2 -in PVC pipe & appurtenances 1 -ea. @ $12,050.00 ea. 1 -ea. @ $2,400.00 ea. $27,663.17 x 15% = Total new work 2 -ea @ $(2,155.00) ea. 125 -If @ $(95.00)/If Work deleted Total Change Order Amount $63,018.00 $45,360.00 $ 3,890.00 $ 5,210.00 $ 4,113.17 $12,050.00 $ 2,400.00 $ 4,149.00 $140,190.17 $(4,310.00) $(6,875.00) $(11,185.00) $129,005.17 ADDITIONAL INFORMATION: City utility plans in the vicinity of Resaca and Shoreline indicate that an eight -inch (8 -in) exists near the Shoreline and Resaca Street intersections. These plans were provided to the Consultant and their sub - consultants during the design phase of the project. The line is necessary to supply water to the proposed water feature, kiosk, restrooms and landscape irrigation system. It was determined during construction that the eight -inch line had been removed at some point. Installation of the eight -inch water line and associated work is necessary to proceed with the project. FUNDING: Funds are available from Water CIP Funds (Commercial Paper). RECOMMENDATION: The project consultant and City staff recommend approval of the change order as presented. H:\ HOME\ KEVINS \GEN \BayfrontMasterPlan\Phasel \CO3BkgExhA.doc Exhibit A Page 1 of 1 PREVIOUS ACTIONS PRIOR COUNCIL ACTION: 1. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the RTA in the amount of $20,000 for the Bayfront Master Plan. 2. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Downtown Management District in the amount of $20,000 for the Bayfront Master Plan. 3. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization in the amount of $20,000 for the Bayfront Master Plan. 4. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi in the amount of $20,000 for the Bayfront Master Plan. 5. December 16, 2003 — Ordinance appropriating $20,000 from the RTA into Park CIP Fund No. 3280; and appropriating $20,000 from the Downtown Management District into the Park CIP Fund No. 3280; and appropriating $20,000 from the Metropolitan Planning Organization into the Park CIP Fund No. 3280 for the Bayfront Master Plan; and amending the Capital Budget FY 2002 -2003 adopted by Ordinance No. 025144 by increasing appropriations by $60,000; and declaring an emergency. 6. December 16, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Thompson Ventulett and Stainback and Associates, Inc. for planning services associated with development of a Bayfront Master Plan. 7. July 20, 2004 — Public Hearing to consider amending the Comprehensive Plan of the City of Corpus Christi by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. 8. July 20, 2005 — Ordinance amending the Comprehensive Plan of the City of Corpus Christi ( "the City ") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan; providing for severance; providing for publication. 9. July 27, 2004 — Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City by amending the South Central Area Development Plan to include the Bayfront Master Plan, by including in Policy Statement G.3 a description of Shoreline Boulevard as an arterial street with four to six travel lanes between Buford Street and the Bayfront Convention Center 10. July 27, 2004 — Second Reading - Ordinance amending the Comprehensive Plan of the City of Corpus Christi ( "the City ") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. 11. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). Exhibit A -1 Page 1 of 3 12. 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). 13. March 29, 2005 - Approval of the FY 2004 -2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 14. August 23, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $804,515 for the Bayfront Development Plan Phase 1 (Bond Issue 2004) (Motion No. 2005 -264). 15. February 21, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $65,160 for boundary and topographic surveying for the Bayfront Development Plan Phase 1 (Bond Issue 2004) (Motion No. 2005- 264) (Motion No. 2006 -038). 16. March 28, 2006 - Motion authorizing the City Manager, or his designee, to execute a Contract for Geotechnical Services with Fugro South, Inc. of Corpus Christi, Texas, in the amount of $32,360 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004) (Motion 2006 -091). 17. March 27, 2007 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $1,380,079 for a restated not to exceed fee of $2,255,314 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004) (Motion 2007 -082). 18. August 19, 2008 — a. Resolution Expressing Official Intent To Reimburse Costs Of Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) (Resolution No. 027812). b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas Anderson Construction Ltd., of Corpus Christi, Texas in an amount not to exceed $14,622,748.00 for the Bayfront Development Implementation Plan — Phase 1 Improvements for the Base Bid and Additive Alternates 1, 2, 3, and 4 (Motion 2008 -222). 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 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. 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). Exhibit A -1 Page 2 of 3 4. July 27, 2006 — Amendment No. 2 for additional boundary topographic surveying with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $5,520 for the Bayfront Development Plan Phase 1 (Bond Issue 2004). 5. September 29, 2008 — Authorization of Change Order No. 1 with Haas Anderson Construction in the amount of $18,100.00 for temporary fencing to allow continued pedestrian access on apron adjoining construction site. 6. October 31, 2008 Authorization of Change Order No. 2 with Haas Anderson Construction in the amount of $21,261.44 relocating primary electrical conduit @ Resaca and Shoreline, temporary tie -in to existing main water line, decreasing the water to cement ratio for street concrete pavement and providing a new foundation & base for relocating the Manjarris sculpture. Exhibit A -1 Page 3 of 3 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET November 18, 2008 PROJECT: CHRISTI BAYFRONT DEVELOPMENT IMPLEMENTATION PLAN PHASE 1 Project No. 6279 APPROVED: COUNCIL MOTION 2008 -222 APPROVED 08/19/2008 CONTRACTOR: Haas Anderson Construction, Ltd. 1402 Holly Road Corpus Christi, TX 78417 TOTAL CONTRACT AMOUNT $14,622,748.00 25% Limit Amount 3,655,587.06 Change Order No. 1 (09/29/08) 18,100.00 Change Order No. 2 (10/31/08) 21,261.44 Change Order No. 3 (11/18/08) 129,007.17 Total $168,366.61 = 1.15% < 25% Exhibit B Page 1 of 9 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 3 FUNDING SOURCE: Project No. 6279 CONTRACT TIME: 425 C.D. Operating Department: Engineering Services DATE: November 03. 2008 Name of Project: Bavfront Development Implementation Plan — Phase 1— Project No. 6279 Contractor: Haas - Anderson Construction, Ltd. CHANGE AS FOLLOWS: PR- 004 -R1 Provide Site Water Utility Revisions Along Resaca & Shoreline $129,005.17 ADD as shown attached per contract unit/quantity rate as bid. Total: $129,005.17 ADD Why was this change necessary? (If left off the plans and specifications, explain why). Water line did not exist as reflected on utility records on Resaca Street and In front of the Arena. How can similar changes be avoided In the future? Include potholing in the Consultant's Contract to verify existence and location of utilities. A. CONTRACT PRICE $ 14.622,748.00 B. TOTAL CHANGE ORDER (inc. current) $ 168,366.61 C. NEW CONTRACT PRICE $ 14,791,114.61 D. THIS CHANGE ORDER $ 129,005.17 �� E. PERCENT TOTAL CHANGE (B /A) 1.15% Project Manag r F. PREVIOUS ADDN'L TIME AUTHORIZED 4 CD G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 14 CD H. TOTAL ADDITIONAL TIME 18 CD CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR By: City Engineer APPROVED: Operating Department itle: Director of Management & Budget Legal Department Exhibit B Page 2 of 9 S AIA Document G709Tg - 2001 Work Changes Proposal Request PROJECT (Name and address): Corpus Christi Bayfront Development Implementation Plan - Phase 1 Shoreline Boulevard Between Resaca Street & Power Street Corpus Christi, TX 78401 OWNER (Name and address): City of Corpus Christi 1201 Leopard Third Floor Corpus Christi, TX 78401 FROM ARCHITECT (Name and address): Gignac & Associates 416 Starr Street Corpus Christi, Texas 78401 TO CONTRACTOR (Name and address): Haas- Anderson Construction, LTD. 1401 Holly Road Corpus Christi, Texas 78467 PROPOSAL REQUEST NUMBER: 004 -R1 DATE OF ISSUANCE: October 30, 2008 CONTRACT FOR: General Construction CONTRACT DATE: September 29, 2008 ARCHITECT'S PROJECT NUMBER: 07.11 OWNER; Ea ARCHITECT: CONSULTANT: CONTRACTOR: FIELD: ❑ OTHER: ❑ Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Seven ( 7 ) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION 70 PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work): Make Site Utility/Water revisions along Resaca Street and Shoreline Boulevard from Resaca Street intersection and North of intersection per attached, (New proposed Water Tie -Ins are beyond the original limits of work after discovering that the existing lines shown in the Contract Documents were not present.) ATTACHMENTS (List attached documents that support description): SK # CCBD- PR- 004 -R1 -A (Revised Sheet 17A) dated October 30, 2008. SK # CCBD -PR- 004 -R1 -13 (New Sheet 17C) dated October 30, 2008. REQUESTED BY THE ARCHITECT: (Signature) Paul Rybalka, Project Manager (Printed name and title) AIA Document 0701:011— 2001. Copyright t 1993 and 2001 by The American Institute of ArcNieote. Alt rights reserved. WARNING: This AIA Document li protected by U.S. Copyright Lew and International Trestles. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe *lull and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA eohwwo at 16:99:10 on 10/30/2009 under Order No.1000939840_1 widen expires on 1/22/2009, and N not for regale. User Notes: (1188749147) Exhibit B Page 3 of 9 1 C: t err, N.: ‘aanfaf OOSM -CPI n a, :C/aVaaa :roses a Meer NW .9 MO AS r W4a.,m• re* PIMP= MI= —(t .MP Mena) CORPUS CHRISTI BAYFRONT DEVELOPMENT IMPLEMENTA710N PLAN — PHASE i CITY of CORPUS CHRISTI TEXAS • Department of DngMeering Santee t. 44115? :� a4,oVW a.+473.37WS4 -CM A. I003/ loos:•:w RALF-SIZE rill t I. OMAN I z to 4%2- s'- cc..st, • • 1¢-■ • FS 1 1 1 1 1 L eD 4 .W Wa/al.a• AW- NS PIP= MUM am --meal 6 CORPUS CHRISTI BAYFRONT DEVELOPMENT IMPLEMENTATION PLAN - PHASE WATER A ER SALOCATION CA aas CRY of CORPUS CHRISTI, TEXAS i o•YnrMenl of Engineering Sons*" HAAS -ANDERSON C O N S T R U C T I O N tflf October 23, 2008 Glgnac Architects 416 Star Street Corpus Christi, Texas 78401 Dear Mr. Rybalka Please find attached to this cover our proposal for the waterline reconfiguration at Resaca Street. This new proposal replaces the one that was sent on October 22, 2008 and reflects your new changes. We used the contract bld unit prices were applicable and supplied new prices for items not covered by the original scope and bid proposal. The scope of work is covered by your drawing I received by email 10- 23 -08. Sheet 17A REV #1 with the exception of your changes that were made 10/23/2008 in the field. The changes you made in the field relocates the waterline to an area Inside the Island running between North Bound and South Bound Shoreline Drive. Sincerely Gary Trayler Project Manager Haas- Anderson Construction LTD. 1401 Holly Rd, • P.O. Box 7692 • Corpus Christi, Texas 78467 • 361/853 -2535 • FAX 361/853 -5564 Exhibit B Page 6 of 9 1 F: 11 111 F 5 $ s S 1 at « « « « at It « « at « at « Exhibit B Page 7 of 9 HAAS - ANDERSON C O N S T R U C T I O N LT6 November 5, 2008 Gignac Architects 416 Star Street Corpus Christi, Texas 78401 Dear Mr. Rybalka Please accept this as a request for time to be added to Change Order #3. We have talked to our subcontractor and our supervisor onsite and determined the actual time required to complete the additional work requested in Change Order #3. The scope of work is as follows. 1. Haas - Anderson will have the fence moved to the new locations 2 cal. Days. 2. Haas - Anderson will saw cut and remove the required pavement. 3. Jhabores will excavate and install the new waterline. 4. Haas - Anderson will load and haul off all excavated material. 5. Haas - Anderson will remove the fence and move it to its original location. 6. Haas - Anderson will excavate out 1 ft of cement stabilized sand and replace it with limestone base. 7. Haas - Anderson will pave the area with hot -mix asphalt when complete. We are requesting with this change order 14 additional days be added to the contract time to allow for the added scope of work that must be done in phase 1A. This being the area in front of the American Bank Center it must be done as soon as possible and not in conjunction with other work on the project. Sincerely Gary Trayler Project Manager Haas - Anderson Construction LTD. 1401 Holly Rd. • P.O. Box 7692 • Corpus Christi, Texas 78467 • 361/853 -2535 • FAX 361/853 -5564 Exhibit B Page 8 of 9 Jhabores Construction Company Inc. P.O. Box 60089 Corpus Christi, Texas 78466 361 -852 -8858 Fax 361 - 852 -7979 Bayfront Development Project Phase 1 To: Haas - Anderson Construction Corpus Christi, Texas Re: Material needed for change order #3 The following items will be used in the construction of the Resaca Change Order #3 The work required is an increase in contract units but the following list of materials and work are included. 5201f 8" PVC C -900 401f 8" Ductile Iron Pipe 1 ea 8" MJ 90 Degree Bend 12 ea 8" MJ 45 Degree Bends ( For utility adjustments at sewer lines) 2 ea 10 "x8" Tapping sleeve and valve 1 ea 8" Solid Sleeve for connection to existing 2 ea 8" 45 Degree Bends at connection to main line 83 cy Cement stabilized sand 77 cy Bedding sand This does not show the miscellaneous small items only the major components. Exhibit B Page 9 of 9 H:\ Home\ Mproject \Councilexh \exh6279.dwg \sums1J ROAD 46 J 1 H 37 PROJECT LOCATION CORPUS CXRIS?l BAY F.M. 43 PROJECT NO. 6279 LOCATION MAP NOT TO SCALE EXHIBIT "C" CORPUS CHRISTI BAYFRONT DEVELOP- MENT IMPLEMENTATION PLAN PHASE 1 (Shoreline Realignment Phase 1) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/07/2008 v- w.i 13 AGENDA MEMORANDUM November 11, 2008 SUBJECT: Rincon Bayou Diversion (Projects No. 8443) Award of Contracts for Monitoring Services AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $167,882.57 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $116,719.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $59,383.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,215.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2008 -2009. ISSUE: The Texas Commission for Environmental Quality (TCEQ) requires biological monitoring to evaluating the effects of the Rincon Bayou Diversion Project. The monitoring will result in the data necessary to determine the project impact on primary production, phytoplankton biomass, species abundance and diversity and emergent marsh vegetation in the project area and nearby marshlands. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's FY2007 -08 adopted Operating Budget. REC • MEN ' i N: Approval of the motion as presented. ,,...A.......atibps uu o alei, P.E' ector of ater Services Gus D Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Additional Information Prior Council Action Summaries of Contracts Location Map / 1/4 3/e Angel R. Escobar, P. E. Director of Engineering Services Page 1 of 1 H \HOMF\KFVINS \C.FN\WATFR\RINMIN \7000.- 9009\Awardmemn.Anc ADDITIONAL INFORMATION SUBJECT: Rincon Bayou Diversion Award of Contract for Biological Monitoring Services PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: It is anticipated that Council may be requested to approve amendments to address monitoring for one additional year. Alan Plummer and Associates has worked with TCEQ to ensure the contracts address the scientific and permitting issues associated with the Rincon Diversion and the Allison WWTP Diversion projects. The City has worked closely with the Texas Commission for Environmental Quality (TCEQ) to develop a unified monitoring work program for the Rincon Diversion Project. The frequency and amount of future amendments will be based on the requirements of the Rincon Monitoring, and the level of monitoring required by Allison project, as determined by an annual assessment. The City may elect to cease monitoring at any time which is permitted by termination clauses in these contracts. PROJECT OVERVIEW: Background: The City's overall strategy for long -term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke Canyon /Lake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two - phased planning study that recommended the potential beneficial re -use of wastewater effluents as a means of enhancing the productivity of the Nueces Estuary that may alleviate part of the need to provide fresh water from the reservoir system. Monitoring: The biological and chemical evaluations being conducted will document the effects of the wastewater effluent and freshwater diversions to the Rincon Delta and Nueces Bay. The TCEQ requires that the effects of the discharge of the Project be monitored for productivity by measuring changes in biomass and growth rates of plant and animal communities in the Project area and nearby wetlands. EXHIBIT A Page 1 of 2 HA HOMEWEVINS \GEN\WATER\RINCOM2008- 2009\AW DBKGExhibitA.doc CONSULTANTS INFORMATION: The Center for Coastal Studies (CCS) has conducted similar on -going monitoring in the Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a result, CCS is singularly qualified to continue to provide monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance with the parameters established by the City and the TCEQ. Their monitoring will include monitoring associated with the Allison Diversion Project. The Division of Nearshore Research (DNR) has been developed to address research related to coastal water resources. They were formally part of the Conrad Blucher Institute. The principal investigator that conducted salinity and freshwater inflow monitoring for the City during prior monitoring periods will do the monitoring during 2007 -2008. The Harte Research Institute will undertake benthic sampling and collection of phytoplankton, water nutrients, salinity and temperature and compare biomass, abundance, density, diversity and species distribution for relevant changes in water quality and sediment grain size. Harte Research Institute hired the principal that previously conducted this portion of the monitoring program at UTMSI. UTMSI will continue to monitor phytoplankton biomass, biochemistry, water physical and chemical characteristics, species composition and changes in type of vegetative communities. These components of the work program will continue to be conducted by principals that have previously conducted this monitoring. EXHIBIT A Page 2 of 2 H:V- IOMEV<EVINS \GEN \WATER \RINCON12008- 2009\AW DBKGExhibitA.doc PRIOR COUNCIL ACTIONS 1. April, 1991 and April 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000) and Phase II in April, 1992 ($79,000 of $258,000). 2. January, 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3. March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94 -051). 4. September 26, 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95 -284). 5. October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A &M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96 -332) 6. November 19 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96 -348). 7. April 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20 -foot wide road for the purpose of constructing and operating a dispersal facility (M97 -73). 8. April 8, 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP /Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24, 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M98 -398); Exhibit B Page 1 of 5 b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98 -399); and c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M98 -400). 10. September 28, 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99 -337); b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99 -338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M99 -339). 11. October 10, 2000. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000 -360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86,286 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2000 -361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2000 -362). 12. Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000 -363). 13. March 13, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for services related to the Re- Opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001 -106). 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a Exhibit B Page 2 of 5 H:\HOME \KEVINS1GEN \WATER\ RINCON \2008- 2009\AwdPriorAclionsExhB.doc construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project — Nueces Overflow Channel (M2001 -273). 15. October 23, 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001 -402). 16. November 13,2001 — a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001 -421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001 -422). d. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2001 -423). 17. June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002 -179). 18. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $165,748 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002 -398). 19. September 30, 2003 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $103,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project (M2003 -352) b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project (M2003 -353) c. Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $139,710 for: • Assistance with Allison Effluent Diversion Demonstration Project Studies and Reports; • Support of Rincon Bayou Diversions Studies; H AHOMEWEV I NS \GEN\WATER\RI NCON\ 2008- 2009\Awd PriorActions Exh B. doc Exhibit B Page 3 of 5 • Coordination of Studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversions Project; and • Assistance with Nueces River Basin Feasibility Study (M2003 -354). 20. November 18, 2003 Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $191,545 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2003 -415). 21. November 9, 2004 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004 -2005 (M2005 -406). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004 -2005 (M2004 -407). c. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $228,296 for biological monitoring services associated with the Rincon Bayou Diversion Project 2004 -2005 (M2004 -408). 22. October 11, 2005 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $114,875 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005 -344). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $112,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005 -345). 23. October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $264,247 for biological monitoring services associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005 -369). 23. July 25, 2006 - Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $135,000 for consulting services necessary to assist in the coordination and review of various activities affecting the Nueces Delta (M2006 -238). 24. October 10, 2006 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $149,940.68 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2006 -2007 (M2006 -327). H: W OME \KEVINS \GEN \WATER\RINCON\ 2008- 2009\AwdPriorAclionsExhe.doc Exhibit B Page 4 of 5 b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $114,844.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2006 -2007 (M2006 -328). c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $58,500.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2006 -2007 (M2006 -329). d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $207,764.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2006 -2007 (M2006 -329). 25. October 16, 2007 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $159,959.00 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2007 -2008 (M2007 -262). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $122,181.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2007 -2008 (M2007 -263). c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $58,500.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2007 -2008 (M2007 -264). d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,231.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2007 -2008 (M2007 -265). Exhibit B Page 5 of 5 H :\HOME \KEV INS \G EN \WATER \RI N CON\ 2008- 2009WwdPriorActions ExhB.doc File : \Mproject \councilexhibits \exh.8443dwg. NUECES OVERFLOW CHANNEL / LaBONTE PARK IH 3 RINCON BAYOU t RINCON BAYOU CC 777 NORTH LAKE ■ RIVER F.M. 624 PROJECT LOCATION 1 (TYP. MONITORING STATIONS) NUECES R RI ` I /1R CITY PROJECT No.8443 LOCATION MAP NOT TO SCALE 0 EXHIBIT "D" RINCON BAYOU DIVERSION AWARD OF CONTRACTS FOR MONITORING SERVICES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -31 -2008 14 AGENDA MEMORANDUM Date: November 11, 2008 SUBJECT: Library Board Ordinance AGENDA ITEM: Ordinance amending Section 2 -75 "Membership; Terms and Filling Vacancies," of the Code of Ordinances, Regarding Membership of the Library Board; Providing for an Effective Date; Providing for Severance; and Providing for Publication. ISSUE: This ordinance provides the following: • Reducing the number of members from an even number of 10 (ten) to an odd number of 9 (nine), so as to avoid a tie vote. • Allowing La Retama Club to nominate any member of its organization to the Library Board with vote, subject to confirmation by the City Council. As it stands now La Retama Club is given an automatic seat, but only the president can serve; also the Club's appointment is not currently subject to City Council confirmation. • Allowing the Friends of Corpus Christi Public Libraries to nominate one of its board members to the Library Board with vote, subject to confirmation by the City Council. As it stands now the Friends president is allowed a non - voting seat on the Library Board. • The remaining 7 (seven) of 9 (nine members) would be appointed the City Council; the Library Board may make recommendations. RECOMMENDED COUNCIL ACTION: The Library Board and staff recommend approval. i Herb Canales Director of Libraries AN ORDINANCE AMENDING SECTION 2 -75 "MEMBERSHIP; TERMS AND FILLING VACANCIES," OF THE CODE OF ORDINANCES, REGARDING MEMBERSHIP OF THE LIBRARY BOARD; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2 -75 "Membership; terms and filling vacancies," of the Code of Ordinances, is amended to read as follows: "Sec. 2 -75. Membership; terms and filling vacancies "(a) There shall be a library board consisting of ten nine (49 9) voting members. Eight Seven (8 7) members shall be appointed by the city council with terms of two (2) years or until a successor is appointed_aad- twe -(2) (1) The eighth member will be a La Retama Club member nominated by the La Retama Club. (2) The ninth member will be a Friends of Corpus Christi Public Libraries Board member nominated by the Friends of the Corpus Christi Public Libraries Board. (b) Each nominee in subsection (a)(1) and (a)(2) of this section, must be confirmed by a majority of city council members with terms of two (2) years or until a successor is appointed. (c) The representatives from the La Retama Club and the Friends of Corpus Christi Public Libraries are subject to all City rules applying to boards, commissions and committees. (d) If the La Retama Club and /or the Friends of Corpus Christi Public Libraries choose not to nominate a representative from their respective organizations to the Library Board, the Library Board may recommend a candidate to the city council, who shall make the appointment, designating a term of two (2) years. u Terms of members appointed and confirmed by the city council shall expire November 5, five (5) in odd years and five four (5 4) in even years. The library board may make recommendations to the city council for new board members. A vacancy shall be filled for the unexpired term by the same means as the original appointment." SECTION 2. This ordinance shall take effect upon and after publication of this ordinance. 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 this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the ( 1 day of (.-Q out. AA_ tam) 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 civ 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: November 3, 2008 By: 1 Yv ;tte Agu Assistant City Attorney For City Attorney 15 AGENDA MEMORANDUM Date: November 11, 2008 SUBJECT: Library Board Ordinance AGENDA ITEM: Ordinance amending Section 2 -78 "Lay Representative of City," of the Code of Ordinances, Regarding Selection of the Lay Representative of the City to the South Texas Library System; Providing for an Effective Date; Providing for Severance; and Providing for Publication. ISSUE: The Corpus Christi Public Library serves as headquarters of the South Texas Library System. The Texas State Library and Archives Commission designates and funds ten such regional library systems each fiscal year. Corpus Christi has served in this capacity since state fiscal year 1971 -72. The purpose of South Texas Library System is to provide supplementary and auxiliary services to its 54 member libraries in a twenty -six county area of South Texas. Corpus Christi Public Library is both administrative headquarters for STLS and a fully participating member of STLS. This ordinance is a housekeeping item which changes Corpus Christi's representation on the System's Advisory Council from the Library Board chair being the automatic representative to any Library Board member subject to confirmation by the City Council. RECOMMENDED COUNCIL ACTION: The staff recommends approval. Herb Canales Director of Libraries AN ORDINANCE AMENDING SECTION 2 -78 "LAY REPRESENTATIVE OF CITY," OF THE CODE OF ORDINANCES, REGARDING SELECTION OF THE LAY REPRESENTATIVE OF THE CITY TO THE SOUTH TEXAS LIBRARY SYSTEM; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2 -78 "Lay representative of city," of the Code of Ordinances, is amended to read as follows: "Sec. 2 -78. Lay representative of city. "The "~ ' a Retama Library Board is hereby shall nominate designated a Library Board member as the lay representative to the South Texas Library System council. The nominee shall be confirmed by a maioritv of city council members. "th ti ' f t ' a ° `ama ""y The lay representative will serve for a term consistent with the South Texas Library System bylaws. In the event that the city's lay representative cannot attend a meeting, the La Retamo Library Board chairman may designate any other library Board member as an emergency alternate representative to South Texas Library System mss."" SECTION 2. This ordinance shall take effect upon and after publication of this ordinance. 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 this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Thqt the foregoinPprdinance was read for the first time and passed to its second reading on this the l day of '(/ I (SLL.Pivt ki i , 2008, by the following vote: Henry Garrett a'lL Priscilla G. Leal a YL, Melody Cooper OIM John E. Marez .[ . Larry Elizondo, Sr. a,l? Nelda Martinez l Mike Hummell Michael McCutchon Bill Kelly 0-" LS 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: November 3, 2008 By: �II Y$.tte•tl•S' Assistant City Attorney For City Attorney 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 11, 2008 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in Youth Advisory Committee; providing for severance; and providing for publication. ISSUE: The City Council's Youth Advisory Committee currently has 17 seats. Since its inception in 2005, achieving quorum and keeping committee seats filled has been difficult. The Parks and Recreation Department recommends reducing the number of seats on the committee from 17 to nine (9) so a full committee may be appointed and have an opportunity to conduct official business. REQUIRED COUNCIL ACTION: Amend the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in the Youth Advisory Committee to reduce the number of seats on the committee. PREVIOUS COUNCIL ACTION: The Youth Advisory Committee was created through ordinance in November 2005. Board /Commission Action: The Youth Advisory Committee has not been able to achieve quorum since January 2008. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinances. Sally Gavlik, Director Parks and Recreation Department Attachments: Background Information BACKGROUND INFORMATION The City Council's Youth Advisory Committee (YAC) was created in November 2005 to assist and advise the City of Corpus Christi City Council on youth issues. The Committee currently consists of 17 student members, grades 9 -12, that are residents of , the City of Corpus Christi. Ten committee members represent each of the five City Council Districts, and seven represent the community at large. The size of the membership has hindered the progress of the committee over the last two years. In addition to having difficulty soliciting enough applications to make appointments to the committee, the YAC has only met quorum once in the last 17 months. The committee members are typically the best and brightest from our local schools — therefore they are involved in many extracurricular activities that run concurrently with the YAC meetings and events. While the YAC has been able to complete a few small projects throughout the last two years, the committee has been unable to conduct official business or embark on any large, meaningful projects. Staff suggests reducing the number of committee members from 17 to nine which will provide for representation of each of the five City Council Districts, as well as four members to represent the community at large. All but three members from last year's committee have graduated or moved away, being Marcos Bustamante (District One), James and Mecklin Ragan (serve At- large, live in District 5). All three will be seeking reappointment in November. 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING MEMBERSHIP IN YOUTH ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, is amended to to read as follows: DIVISION 24. CITY COUNCIL'S YOUTH ADVISORY COMMITTEE Sec. 2 -250. Created; purpose. There is hereby created a seventeen - member advisory committee that shall assist and advise the City Council on City youth issues. The committee shall be known as the City Council's Youth Advisory Committee ( "Youth Committee "). Sec. 2 -251. Powers and duties. The Youth Committee shall exercise the following powers and duties: (1) Assist and advise the City Council on City youth issues; (2) Conduct surveys and determine the concerns and interest of the youth of Corpus Christi; (3) Encourage youth leadership and responsibility through volunteerism and community involvement; (4) Create opportunities for public discussion of youth issues through meetings. workshops and conferences; (5) Look for ways to promote understanding, respect and community involvement among youth groups of all cultures and backgrounds; and (6) Assist in planning, recommending and implementing youth activities. Sec. 2 -252. Member qualifications; appointments; parks staff liaison. (a) The Youth Committee consists of ccvcntocn (17) nine (9) members, composed of students in grades 9 through 12 that are City residents. (b) Appointments are made H:\LEG- DIR \Lisa\2008 ORDINANCES \Youth Ad ._ iittee October 9 2008.DOC 2 by the maiority vote of the City Council and shall be as follows: one (1) from each of the Council member districts and four (4) at large. However, all current Youth Committee member(s) in service when this ordinance is finally adopted continue to serve until the end of their initial term of appointment. (c) Each member must reside in Corpus Christi and be enrolled in a public, private, parochial, or home school, located in one of the following Texas Counties: Nueces, San Patricio, Kleberg, or Aransas. (d) The youth committee member selection process is as follows: submission of application to the city secretary's office, review and recommendation by the majority of the youth committee, and appointment by the city council. (e) In the initial year after the adoption of this ordinance, five (5) members shall serve a two -year term and four (4) members a one -year term, as determined by drawing. Thereafter, each member shall serve a two -year term and is eligible for reappointment. Any vacancy occurring during a term of membership shall be filled by maiority vote of City Council members appointment to fill the unexpired term. Terms commence upon date of final approval of the ordinance from which this division derives. (f) Each member's term automatically expires three (3) months after high school graduation. (g) The parks and recreation department will assign city staff to serve as staff liaison to the youth committee. Sec. 2 -253. General committee rules apply. Except as otherwise provided in this division 24, the general rules in division 1 (sections 2 -60 through 2 -69) and Council Policy 14 (Resolution No. 21901 adopted Mar. 22, 1994) governing City boards, commissions, and committees apply to the Youth Committee. Sec. 2 -254 Meetings; quorum; voting. (a) The Youth Committee shall hold regular monthly meetings in compliance with section 2 -62. Special meetings may be called by the chair or upon request of two (2) members of the Youth Committee. Notice of meetings shall be posted in compliance with the Texas Open Meetings Act. (b) A quorum shall consist of a majority of the members of the Youth Committee and any issue to be voted on shall be resolved by a majority of those present. Whenever a quorum is not present at the meeting, the meeting will be considered adjourned and will be rescheduled to the next regular meeting date, or to another date that the chair deems appropriate. Sec. 2 -255. Attendance at meetings; vacancies: H: \LEG- DIR \Lisa\2008 ORDINANCES \Youth , nmittee October 9 2008.DOC 3 (a) Unexcused absences from more than twenty -five (25) percent of regularly scheduled meetings during a term year shall result in an automatic vacancy and the vacancy shall be promptly reported to the city council. An excused absence is defined in section 2 -61. (b) A vacancy resulting from early expiration of term or from absences shall be filled in accordance with process established in subsection 2- 252(e) above. (Ord. No. 026539, § 1, 11 -8 -2005) Sec. 2 -256. Rules of procedure; bylaws. (a) The Youth Committee shall conduct its meetings in accordance with state law, City Charter, ordinances, and policies and Roberts Rules of Order. Order of business shall be as specified on the agenda. Actions shall be taken on basis of motion, duly seconded, by members of the Youth Committee. (b) The Youth Committee shall keep minutes of its proceedings that indicate the attendance of each member and the vote or failure to vote of each member on each question. (c) A copy of the bylaws is attached to Ordinance No. 026539 and is on file in the City Secretary's office. A bylaw shall not be suspended without approval of the city Parks Director, or designee ( "Parks Director "). A bylaw shall not be suspended (or amended) if the suspension (or amendment) would violate state law, City Charter, ordinance, or policy. Upon amendment of the bylaws and approval by parks director, parks director shall file a certified copy of the bylaws, as amended, with the city secretary. Parks director shall not unreasonably withhold approval of suspension or amendment. SECTION 2. 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 this City Council that every section. oaragraph. subdivision. clause phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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: \LEG- DIR \Lisa\2008 ORDINANCES \Youth Ad nittee October 9 2008.DOC That the foregoing ordinance was repc1 for the first time and passed to its second reading on this the (1 day of N cV rvilatr , 2008, by the following vote: Henry Garrett Ate- Priscilla G. Leal ^ ALI-c Melody Cooper i0— John E. Marez AIL Larry Elizondo, Sr. �A 149 Nelda Martinez ALR Mike Hummell n9 e -C Michael McCutchon ` Bill Kelly Ak 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: Of . 3 20o7 or.�t- ✓-au,.) By: Lisa Aguila() Assistant City Attorney For City Attorney 17 CITY COUNCIL AGENDA MEMORANDUM November 11, 2008 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, to impose a lien for overdue utility bill. . ISSUE: State law provides that cities may adopt an ordinance to impose a lien for delinquent utility charges. Per state law, this ordinance does not apply to homestead property, nor to bills for service connected in a tenant's name after notice by property owner that the property is rental property. REQUIRED COUNCIL ACTION: City Council must approve amendments to the Code of Ordinances. PREVIOUS COUNCIL ACTION: None related to this issue. RECO MEND Staff recommends approval of the ordinance. Micha arrera '\ Assistant Director of<Financial Services BACKGROUND The effects of this ordinance will be on commercial accounts maintained by the City. Homestead properties and rental property where the account is opened in the tenants name are exempt from the ordinance. The City disconnects utility services for past due accounts after an overdue utility notice has been sent to the customer. The process can take up to 45 days after the due date to complete. Historically, accounts that remain overdue are carried on the books until such time that the City deems them uncollectible. As of November 4, 2008, the City has identified nine (9) accounts with a combined past due balance of $80,000 that a lien may be applied against the property. The ordinance will allow the City to place a lien on the properties which will be superior to all other liens placed on the property with the exception of a bona fide mortgage lien. If the past due balance remains unpaid, the owner will be required to pay the bill prior to selling the property. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 TO IMPOSE LIEN FOR OVERDUE UTILITY BILL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF DECEMBER 1, 2008. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article III of Chapter 55 of the Code of Ordinances is amended by adding new section 55 -76 to read as follows: "Sec. 55 -76. Lien for overdue payments for utility services. "(a) Definitions. For purposes of this section: (1) "utility" shall mean any City utility, including but not limited to water, storm water, wastewater, solid waste, and gas; (2) "Director" shall mean the Director of Financial Services or designee. "(b) Authority. In accordance with the provisions of Art. 11 Section 5 Texas Constitution, Chapter 402, Texas Local Government Code, and City Charter, Article X Section 1 (14), the City may adopt an ordinance to impose a lien against an owner's property, unless it is homestead property, for overdue payments for utility service to the property. "(c) Exceptions. This section shall not apply to homestead property as protected by the Texas Constitution. This section shall not apply to overdue payments for service connected in a tenant's name after notice by the property owner to the Utilities Business Office Manager that the property is rental property. The lien does not apply to bills for utility service connected in a tenant's name prior to the effective date of this ordinance. "(d) When a bill for utility services remains unpaid forty -five (45) days after the due date on the bill, and the amount owed exceeds $500.00, and these procedures are followed the overdue payment shall constitute a lien against the property served. "(e) When lien is perfected. The lien is perfected by recording in the real property records where the property is located a notice of lien containing the following: "(1) a legal description of the property which is the subject of the lien; (2) the utility's account numbers for the overdue charges, and lien for delinquent utility bill November 1 2008 2 (3) the amount of overdue charges including penalties, interest and collection costs, if any, incurred upon the property as of the date of execution of the lien. "(f) Execution and recording. The lien must be: "(1) executed by the Director of Financial Services and acknowledged by a notary public of the State of Texas "(2) approved as to form by the City Attorney; and "(3) filed in the deed or lien records of the county in which the property is located. "(q) Priority of lien. The lien is inferior to a bona fide mortgage lien that is recorded before the recording the City's lien in the real property records of the county where the property is located. The lien is superior to all other liens, including previously recorded judgment liens and any liens recorded after the City's lien. "(h) Additional charges; correction lien. Should additional overdue charges be incurred subsequent to the date of the original lien's execution, a correction lien may be executed and filed, in the form provided above, fixing the additional charges. The correction lien, when filed of record, shall relate back to the date of recording of the original lien and shall become a part of the original lien. "(i) Suit to foreclose. The City Attorney at the request of the City Manager, may file suit to judicially foreclose the lien in a state court of competent iurisdiction. "(i) Release of lien. Upon verification that all delinquent charges which existed against the property have been fully paid, the Director is authorized to execute a release of the lien. The release shall be prepared and approved as to form by the City Attorney. After execution, the Director must promptly file the release in the deed or lien records of the county in which the property is located. "(k) Cumulative remedies. This section is cumulative of any other remedies. methods of collection or security available to the director or the city under the charter and ordinances of the city or under state law." SECTION 2. 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 this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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 4. This Ordinance takes effect on December 1, 2008. LIEN FOR DELINQUENT UTILITY BILL NOVEMBER 1 2008 3 That the foregoing or In nce was read fpr the first time and passed to its second reading on this the l t� day of �pC\/Q vtlloe✓ , 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 Aye Aye 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2008. Henry Garrett Mayor tie�c iu I,7,voF Lisa Aguilar, Assistant City Attorney For City Attorney LIEN FOR DELINQUENT UTILITY BILL NOVEMBER 1 2008 18 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: October 21, 2008) Case No. 1008 -02, Jason and Kim Comstock: A change of zoning from an "F -R" Farm Rural District to a "RE" Residential Estate District resulting in a change of land use from vacant to residential on property described as a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road approximately one -half mile south of Yorktown Boulevard. Planning Commission's and Staff's Recommendation (October 15, 2008): Approval of the "RE" Residential Estate District. Requested Council Action: Approval of the "RE" Residential Estate District. Staff's Summary: • Request: The applicant requests a change of zoning from "F -R" Farm -Rural District to "RE" Residential Estate District. Development plans consist of constructing a single family residence on a 2 acre tract of land. • Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The request is for a change of zoning to "RE" Residential Estate District. The purpose of the Residential Estate District is to provide for single - family residential development of a spacious character on lots not less than one (1) acre. The minimum front yard setback is 50' with a minimum side and rear yard setbacks of 25'. The maximum number of units per acre is one (1) and minimum lot width being 150'. • Existing Land Use: Currently, the subject property is vacant. To the north is undeveloped property owned by the applicant. To the south there is CCA/CPL Marine Development Center, a fish hatchery and the Barney Davis power plant. The property east of the subject property is undeveloped and to the west across Waldron Road is a single- family dwelling. • Future Land Use: On the adopted Future Land Use Map the subject property and the adjacent property to the north and east is recommended for low- density residential development. To the south, public semi - public land use is recommended for the property. Across Waldron Road, to the west, the Future Land Use Map recommends the property for agricultural purposes. • Platting: The subject property is not platted. • Flood Hazard: The subject property is in Zone C. Flood Hazard Zone C represents areas of minimal flooding. Agenda Memorandum Case No. 1008 -02 (Jason and Kim Comstock) Page 2 • Infrastructure Demand: o Water: An existing 42" water transmission line is in the Waldron Road right -of -way adjacent to the property. o Wastewater: The closest wastewater line is approximately 2,000 feet from the subject property, located at Yorktown and Waldron Roads. • Public Safety: o Air Installation Compatibility Use Zone: The subject property is not within the Navy's Air Installation Compatibility Zone (AICUZ). The nearest AICUZ is located west of the subject property across Waldron Road o Police: The subject property is served by the Flour Bluff Substation of the Corpus Christi Police Department. o Fire: There is a hydrant next to the subject property on the west. The closest Fire Station is number thirteen (13), located at 1802 Waldron Road. • Comprehensive Plan Consistency: The adopted Future Land Use Map recommends the subject property for low density residential development. The applicant's request for a change of zoning from "F -R" Farm -Rural District to "RE" Residential Estate District is consistent with the Flour Bluff Area Development Plan and Future Land Use Map: Comprehensive Plan - Policy Statements • Land Use Policy: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. • Land Use Objectives: o Provide sufficient land use by type for continuous growth. o Properly locate land uses based on the compatibility, locational needs, and characteristics of each use. o Preserve quality residential, commercial, and industrial areas. Agenda Memorandum Case No. 1008 -02 (Jason and Kim Comstock) Page 3 Policies — Residential o The City should respond to changing market tends, consumer preferences, economic realities, and design technology. • Environment Objectives: o Maintain a harmonious relationship between people and the environment. Staff Comment: Low - density residential development is compatible with the development trend in the area. Low - density development near the Navy's Waldron Field flight pattern and AICUZ is consistent with Navy guidelines. Flour Bluff Area Development Plan Flour Bluff Plan Statement B.1 The Plan provides guidance for future development decisions including rezoning, platting, public services, and capital improvement planning. The land use plan supports environmentally sound development in Flour Bluff. The plan provides a compatible configuration of activities emphasizing: a. Protection of residential areas; b. Identification of environmentally sensitive areas that should be preserved; c. Protection of the Naval Air Station from incompatible activities; and d. A parkway along the Laguna Shores shoreline. The specific goals and objectives of the Flour Bluff Area Development Plan include: • Encourage or require responsible growth that will preserve the existing natural environment. The environment in Flour Bluff is unique to Corpus Christi. Awareness of the value of wetlands as a natural resource and as retention ponds, and woodlands and brushlands for habitat are needed to avoid destruction of these important resources. • Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. • Continue large lot development in the southwest quadrant to maintain the distinct atmosphere established by existing development and use. • Revitalize deteriorated housing and promote new residential development consistent with the Comprehensive Plan and not in conflict with infrastructure availability, Air Installation Compatible Use Zones, flood plains or other factors. Staff Comment: The proposed rezoning for a large residential development is consistent with Navy Guidelines and land uses near Waldron Field which helps to protect a sensitive environmental area. Agenda Memorandum Case No. 1008 -02 (Jason and Kim Comstock) Page 4 Notification: Of the five (5) notices mailed to the surrounding property owners zero (0) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Fri /17-7ae Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (October 15, 2008) 3) Ordinance PM/Project Secp/ CWCc Pr Planning Director CITY COUNCIL ZONING REPORT Case No.: 1008 -02 City Council Hearing Date: November 18, 2008 Applicant & Legal Description Applicant: Jason and Kim Comstock Owner: Katherine O'Conner Representative: Michael N. Gunning, AICP Address: 4121 Waldron Road, Corpus Christi, Texas Legal Description/Location: A two (2) acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts. Zoning Request From: "F -R" Farm -Rural District To: "RE" Residential Estate District Area: Two (2) acres Purpose of Request: Large lot development to accommodate one (1) single family residence. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "F -R" Farm -Rural District Vacant Residential North "FR" Farm Rural District Vacant Low - Density Residential South "I -3" Heavy Industrial District Public Semi - Public, CCA/CPL Marine Development Center & Power Plant public Semi - Public East "F -R" Farm Rural Vacant Low - Density Residential West "F -R" Farm -Rural Low - Density Residential and Vacant Agricultural Rural ADP, Map & Violations Area Development Plan: Flour Bluff Area Development Plan - The Flour Bluff Area Development Plan encourages low density development. Map # 037027 Zoning Violations: None Staff's Summary: • Request: The applicant requests a change of zoning from "F -R" Farm -Rural District to "RE" Residential Estate District. Development plans consist of constructing a single family residence on a 2 acre tract of land. Zoning Report Case No. 1008 -02 Comstock, Jason & Kim Page 2 • Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The request is for a change of zoning to "RE" Residential Estate District. The purpose of the Residential Estate District is to provide for single - family residential development of a spacious character on lots not less than one (1) acre. The minimum front yard setback is 50' with a minimum side and rear yard setbacks of 25'. The maximum number of units per acre is one (1) and minimum lot width being 150'. • Existing Land Use: Currently, the subject property is vacant. To the north is undeveloped property owned by the applicant. To the south there is CCA/CPL Marine Development Center, a fish hatchery and the Barney Davis power plant. The property east of the subject property is undeveloped and to the west across Waldron Road is a single - family dwelling. • Future Land Use: On the adopted Future Land Use Map the subject property and the adjacent property to the north and east is recommended for low- density residential development. To the south, public semi - public land use is recommended for the property. Across Waldron Road, to the west, the Future Land Use Map recommends the property for agricultural purposes. • Platting: The subject property is not platted. • Flood Hazard: The subject property is in Zone C. Flood Hazard Zone C represents areas of minimal flooding. • Infrastructure Demand: o Water: An existing 42" water transmission line is in the Waldron Road right -of -way adjacent to the property. o Wastewater: The closest wastewater line is approximately 2,000 feet from the subject property, located at Yorktown and Waldron Roads. • Public Safety: o Air Installation Compatibility Use Zone: The subject property is not within the Navy's Air Installation Compatibility Zone (AICUZ). The nearest AICUZ is located west of the subject property across Waldron Road o Police: The subject property is served by the Flour Bluff Substation of the Corpus Christi Police Department. o Fire: There is a hydrant next to the subject property on the west. The closest Fire Station is number thirteen (13), located at 1802 Waldron Road. Zoning Report Case No. 1008 -02 Comstock, Jason & Kim Page 3 • Comprehensive Plan Consistency: The adopted Future Land Use Map recommends the subject property for low density residential development. The applicant's request for a change of zoning from "F -R" Farm -Rural District to "RE" Residential Estate District is consistent with the Flour Bluff Area Development Plan and Future Land Use Map: Comprehensive Plan - Policy Statements • Land Use Policy: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and /or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. • Land Use Objectives: o Provide sufficient land use by type for continuous growth. o Properly locate land uses based on the compatibility, locational needs, and characteristics of each use. o Preserve quality residential, commercial, and industrial areas. Policies — Residential o The City should respond to changing market tends, consumer preferences, economic realities, and design technology. • Environment Objectives: o Maintain a harmonious relationship between people and the environment. Staff Comment: Low - density residential development is compatible with the development trend in the area. Low - density development near the Navy's Waldron Field flight pattern and AICUZ is consistent with Navy guidelines. Zoning Report Case No. 1008 -02 Comstock, Jason & Kim Page 4 Flour Bluff Area Development Plan Flour Bluff Plan Statement B.l The Plan provides guidance for future development decisions including rezoning, platting, public services, and capital improvement planning. The land use plan supports environmentally sound development in Flour Bluff. The plan provides a compatible configuration of activities emphasizing: a. Protection of residential areas; b. Identification of environmentally sensitive areas that should be preserved; c. Protection of the Naval Air Station from incompatible activities; and d. A parkway along the Laguna Shores shoreline. The specific goals and objectives of the Flour Bluff Area Development Plan include: • Encourage or require responsible growth that will preserve the existing natural environment. The environment in Flour Bluff is unique to Corpus Christi. Awareness of the value of wetlands as a natural resource and as retention ponds, and woodlands and brushlands for habitat are needed to avoid destruction of these important resources. • Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. • Continue large lot development in the southwest quadrant to maintain the distinct atmosphere established by existing development and use. • Revitalize deteriorated housing and promote new residential development consistent with the Comprehensive Plan and not in conflict with infrastructure availability, Air Installation Compatible Use Zones, flood plains or other factors. Staff Comment: The proposed rezoning for a large residential development is consistent with Navy Guidelines and land uses near Waldron Field which helps to protect a sensitive environmental area. Street R.O.W. Street Existing Type Planned Type Planned Paved Section *Volume *Source: City Traffic Engineering Division 2 lane, County Road Section, 60' ROW w/ 22' Al Four (4) Lanes, w/ center left tom lane, 95' ROW Not Available, Waldron Road Pavement *Source: City Traffic Engineering Division Zoning Report Case No. 1008 -02 Comstock, Jason & Kim Page 5 Department Comments: The proposed low- density residential zoning is consistent with development trends in the area, Navy guidelines for development and the City's Comprehensive Plan. Staff Recommendation: Approval of the "RE" Residential Estate District. Planning Commission Recommendation: Approval of the "RE" Residential Estate District. Number of Notices Mailed — 3 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (Outside notification area) (As of October 24, 2008) Attachments: 1. Neighborhood — 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Site — Subject Case Map 6. Site - Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Air Installation Compatibility Use Zones .LIB.JEC.T. • _WO CASE # 1008-02 1. NEIGHBORHOOD - 2007 AERIAL Subject Property Refer to Map 2a & 2b for Neighborhood Existing Land Use. Also available at www.cctexas.com Map Scale: 1:10,000 t�. SUBJECT PROPERTY 400 800 Feet CASE # 1008 -02 2.a. NEIGHBORHOOD - EXISTING LAND USE L - I - + Residential. - ER - w Density Residential. - LDR L' id c sity Residential. - MDR I }rte - sity Residential - HDR Mile Home - MH �v. scant - VAC e: onal Office - PO mmercial. COM Lightlndustrial - Ll L H] Heavy Industrial - 1-11 I :'`P1 Public Semi- Public - PSP Map Scale: 1 10.000 SUBJECT PROPERTY' =� ■ [LOCATION MAP City DI Coigns Chri c:ii CASE # 1008 -02 2.b. SITE- EXISTING LAND USE L - I - + Residential. - ER - w Density Residential. - LDR L' id c sky Residential. - MDR I }'4n - sity Residential - HDR Mile Home - MH �v. scant - VAC e: onal Office - PO mmercial. COM Light Industrial - Ll L H] Heavy Industrial -1-11 :'`P1 Public Semi- Public - PSP map Scale: 1:2,400 SUBJECT PROPERTY [LOCATION MAP City DI Corms Chri c:ii WATER 400 900 agar Feet CASE #1 3.a. NEIGHBORHOOD - I 41 7 1 n nriculturaLRUral- AR _ tate Residential - ER w Density Res. - LDR -- -'di n;ity Res. - MDR yh Density Res. • HDR ° 'P M abite Home - MH PSr SUBJECT PROPERTY MDR 008 -02 FUTURE LAND USE rice- TOR earch /Business Park - RBP L. . 'tt industrial - LI Heavy industrial - HI Public Semi-Public - PSP Park :CI Vacant - VAC I o''I Drainage Corridor - DC Pralessional Office - PO _- Dredge Placement -DP Commercial - C0tl I 1 Water ) c =) ConservationPreservation - CP rra nsportation Plan Proposed Arterials .... .. Collectors • Expressways Parkway i t i Ii Railroad Map Seale 1- 10,000 SUBJECT PROPERTY' =� ■ [LOCATION MAP o City DI Coitms Chri ai rsp aP PSP 441 TEP rr, e CASE # 1008 -02 3.b. SITE- FUTURE LAND USE 1 Agricutturai/Rural -AR -A Tourist - TOR f tin Estate Residential - ER Research /Business Park - RBP low Density Res. - LDR L. it industrial - Li 4I n;ity Res. - MDR Heavy industrial - Hl yh Density Res. • HDR ` Public Semi- Public - PSP 7TH Mobir& Home - MH ) Park :[) Vacant - VAC [”-1 Drainage Corridor - DC Pialessional Office - PC) __ Dredge Placement -DP Commorcial - Cotl I- 1 Water ) c6) Conservation/Preservation - CP rra nsportation Plan Proposed Arterials .... .. Collectors • Expressways Parkway i Mi Ii Railroad Map Seal a- 17.400 faH LDR SUBJECT PROPERTY ■ [LOCATION MAP 3DR o City DI Coigns Chri c:ii <<E'R A0D ®� `��'¢PRGYER4r_ CASE # 1008 -02 4. SITE- 2007 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at wuwv cctexascnm 400 800 F t &30`1008 Prepared By: SRR Department of DevetopmentSeryttee CASE # 1008 -02 5, SUBJECT PROPERTY Subject Property SUBJECT'. PROPERTY.: LOCATION MAP 400 800 eet &30`2008 Prepared By- SRR Deportment of Dev'elopmentserytces CASE # 1008 -02 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP !rl' 3parlmeni House District hI Limlteclnduotrlal Dlst1c[ f, IA ?}larVOent House Dlstrin '-2 Liglll Indus 0161001548 y Inienhouse Oland 3 Hee,' Indust D19nd AE Professional 040ce D4vnhti P.U0 Planned Unit DevelcpTenl AT PI. Imeot- Tourist Di:dicl P SP One FamiI4Dwelling Distract 61' Nnni hborbood Busriess -0IStrict R- One Fomily0 Jung Alstri-t 13-1A Neigi1,011,nnd Rueiir*nn Dtehld &1O 9rye Fdmily' Dwelling P0tril1 B_ Be nuihr Business Dlglricl R-2 0ullple D•u 1104 0101'111 P-2A Barrier Island EUene_e District RA One Family Dwelling 1 rInI 0-3 Ri :, ss District RE Fasldenhal Fala eD5stdLt General Business District p-TH: Topffieti5e 6vre1 ny District &S Primary Bunireae Dlsidnt SP Spe8dl Pei mil H- Puma y.OUrNes t Core Dill T 1 A Tavel Trede Park Ds( id RD Corpus -3h484 Reach 11 nn Dist T IR rdanufucrurnd Home Park 011181 F Farm Ruru1astr T•0 Manufactured Home SSuE?NYOr HC HirtoncakDullurrl Landmark DISNcI PloreNSlion Sablect..rooedy Onners Nei 200'bufit Rfavor AJ vna s -.030 203 1.180 e o.s v y rnylf1 1 111 o„Postlo SUBJECT'. PROPERTY.: LOCATION MAP CASE # 1008 -02 Air lnsriliarion Comparability Use Zones d -c: •aen: = : [e i -13 -r ;lo-ir= F r-iv i8N62OJ8 r'rvpama By SRA BM 0.'DentaD^iN: Sean's SUbii0 PROPITY-■ 11 SF iff CI) 01 Corpu COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1008 -02 Name: Jason & Kim Comstock Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 5 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 ( %) II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 Jason & Kim Comstock, 1646 Woodlaw, Corpus Christi, TX — No Comments Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR \SHARED\Beverly\2008 PC\2008 Public Comments \1008- 02.doc ,, |I - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Farm -Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single- family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) (3) Field and truck crops. ( 4) Orchards and vineyards. ( 5) Greenhouses and nurseries. ( 6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi - public uses. (11) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each fans or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty -five (35) feet in height nor overhang or project into the public right -of -way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. 02/08 F -R - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (1) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01) Section 4A -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off -street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 4A-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off -street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -5 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 4A-6 Supplementary height and area regulations are contained in Article 27. 02/08 F -R - 21 - ARTICLE 4B. "RE" RESIDENTIAL ESTATE DISTRICT REGULATIONS Section 4B-1 The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this article, are the regulations in the "RE" Residential Estate District. The purpose of this district is to provide for single - family residential development of a spacious character together with the related recreational facilities normally required to provide an orderly, attractive and spacious residential living environment. This district also provides for those agricultural uses which are compatible and in harmony with a lower density residential living environment, which area is subject to conditions that are normally detrimental to "R -1B" District density. Section 4B -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (2) Field and truck crops. ( 3) Orchards and vineyards. ( 4) Greenhouses and nurseries. ( 5) Storage of hay and stables for horses. ( 6) Oil and gas wells and appurtenances. ( 7) Public parks, golf courses, driving ranges and other similar public and semi - public uses. ( 8) Railroad rights -of -way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years, from the time of erection of such temporary buildings, whichever is sooner. (10) Accessory buildings and accessory uses including, but not limited to, private garages, servants' quarters, guest houses, swimming pools, home barbecue grills, storage, and off -street parking and loading spaces. (11) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (12) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) (13) Temporary nonilluminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. 02/08 RE - 22 - (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 4B-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 4B-4 Off - Street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 4B-5 Height, Area and Bulk Regulations. Height, area, and bulk requirements are set forth in the Chart of Article 24. Section 4B-6 Supplementary height, area and bulk regulations are contained in Article 27. 02/08 RE City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The dty council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public Interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the dty. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting In August and shall meet not Tess than once each month. Any vacancy in an unexpired term shall be filled by the city coundl for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city coundl regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city In a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city govemment shall cooperate with the planning commission In furnishing it such information as is necessary In relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, Including neighborhood, community and, area -wide plans. The comprehensive plan shall Include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital Improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. CASE # 1008 -02 Air instillation Compatibility Use Zones Legend Runway Accident Potential MN Zone 1 Control Accident Potential Zone M Zone 2 3UBJ CT :PROP IJ 1LOCATFON MAPS EP' 1M ..w City of Corpus Christi �gRieeFgN WASTEWATER DISTANC .36 MILES or 2953.03 FT. 4121 WALDRON RD ( ZONING CASE #1008 -02 WASTEWATER.Main MAIN MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday October 15, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *arrived at 5:31p.m. John C. Tamez Johnny R. Martinez James Skrobarczyk Evon J. Kelly David Loeb Govind Nadkarni Mark Adame ABSENCES: I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Oscar Martinez, Assistant City Manager of Administrative Services Constance Sanchez, Assistant Director of Financial Services Pete Anaya, Assistant Director of Engineering Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode- Macon, Assistant Director of Development Services/Planning Miguel Saldana, Special Services Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Sylvia Sanchez, Recording Secretary A quorum was declared and the meeting was called to order at 5:32 p.m. by Chairman Garza. IV. PUBLIC HEARING AGENDA ITEMS C. ZONING 1. New Zoning a. Case No. 1008 -02 Jason and Kim Comstock - A change of zoning from a "FR" Farm Rural District to an "RE" Residential Estate District resulting in a change of land use from vacant to A two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road approximately one -half mile south of Yorktown Boulevard Mr. Payne presented the above case via Power Point stating the applicant is Jason and Kim Comstock and the property is located on 4121 Waldron Road. Mr. Payne stated the property is a two acre tract currently zoned "FR" Farm Rural District and the request is for a "RE" Residential Estate District. Mr. Payne stated the "FR" District is typically used when property is annexed into the city and is also used for outlying areas. The "FR" District does allow residential, however, it requires a five -acre lot minimum which usually necessitates rezoning when development occurs. Mr. Payne stated the "RE" District requires one -acre lots with a front yard setback of 50 feet, a minimum side and rear yard setback of 25 feet and a lot width minimum of 150 feet. Maximum number of units is one unit per acre. Planning Commission Minutes October 15, 2008 Page 2 Staff recommends approval. Of the five notices mailed, one was returned in favor and zero were returned in opposition. In response to Commissioner Skrobarczyk, Mr. Payne stated the red dotted line on the Future Land Use map is a future arterial connection to the King Ranch. Mr. Payne stated that in the case that the King Ranch decides to sell off some property in the future, the City wants to be able to provide connectivity between the city and King Ranch. Mr. Payne stated that the access line is very general and conceptual and is not intended to cross the subject property In response to Commissioner Skrobarczyk's mention of a proposed route to a second bridge across the intra - coastal being along this area, Mr. Payne stated that the proposed second crossing would run perpendicular to this one south with an east/west connect more in alignment with County Road 70. Public hearing was opened. Jason and Kimberly Comstock, 1646 Woodlawn, applicants, came forward in support of the request, stating they would like to have a nice home on some acreage. Mr. Comstock stated it is consistent with what his father did when he came back from Korea. Mr. Comstock stated his father came here, purchased a piece of land and developed it for his own use and tried to keep much of the natural terrain intact and that is why they are interested in this piece of property. Mr. Comstock stated he and his wife are CCISD teachers and this is a dream of theirs. Although they have had several opportunities to leave Corpus Christi they have chosen not to because they love it here. Mr. Comstock stated this area is dear to him because he has fished this area all his life. Mr. Comstock this request would be consistent with what is going on in Flour Bluff as far as larger tracts of land and there would be a benefit to Corpus Christi because it broadens the tax base. In response to Chairman Garza, Mr. Payne stated there is no wastewater to the area. Mr. Comstock stated that he is not a developer and does not know the intricacies; however, Mr. Payne and Mr. Saldana have been very helpful to him and he has learned that there is a fairly new large water line in front of the property the entire length of Waldron all the way to the fence at the Barney Davis Plant and it is of a size that could serve an entire neighbor. Mr. Comstock stated there are also fire hydrants within the required boundaries of his lot; and there are electrical poles and utilities next to his property. Mr. Comstock stated he is aware that he will need a septic system and is in agreement with that. Public hearing was closed. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JASON AND KIM COMSTOCK, BY CHANGING THE ZONING MAP IN REFERENCE TO A TWO ACRE TRACT OF LAND OUT OF LOT 33, SECTION 52, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F -R" FARM RURAL DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jason and Kim Comstock, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 15, 2008, during a meeting of the Planning Commission, and on Tuesday, November 18, 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, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on a two acre tract out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road approximately one -half mile south of Yorktown Boulevard, from "F -R" Farm Rural District to "R -E" Residential Estate District. (Zoning Map 037027) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. CADOCUME -1 WvetteMLOCALS -1\ Temp\ ORD- zoning10o8 -02- Comstock- RE.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. 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 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 18th day of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 10, 2008 Il Yv3 ,��eAg Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi C: \DOCUME -1 \YvetteALLOCALS -1 \Temp\ORD- zoning 1008 -02- Comstock- RE.doc Page 3 of 3 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. I/we, 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance 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 C: \DOCUME -1 \YvetteA\LOCALS -1 \ Temp\ ORD- zoning1008 -02- Comstock- RE.doc T -1 c TRAIL BLAZER ADD R -1B YORKT HE OHTS ANNEA F -R 0 TRAIL BLAZER ADD F -R From: "FR" To: "RE" 0 400 1 -3 800 Feet CASE # 1008 -02 REQUESTED CITY COUNCIL ACTION EXHIBIT A From: "FR" To: "RE" ORDINANCE: t/071008 Prepam48y: SRR Depmlmenl of OrvalepmentSerakes 2.00 Acre Tract September 23, 2008 Job No. 37935.00.00 State of Texas County of Nueces Fieldnotes for a 2.00 acre tract of land (not based on an on- the - ground survey) out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas; said 2.00 acre tract being more fully described by metes and bounds as follows: Beginning on the centerline of Waldron Road, a 40 foot wide public roadway, for the northwest corner of this tract, from which corner the southwest corner of Lot 17, said Section 52 and the northwest corner of said Lot 33 bears North 28 °58'00" East, a distance of 1150.05 feet; Thence, South 62 °41'55" East, along the northeast boundary of this tract, a distance of 160.23 feet for a corner of this tract; Thence, South 75 °28'49" East, continuing along the northeast boundary of this tract, a distance of 128.63 feet for a corner of this tract; Thence, North 89 °42' 12" East, along the northeast boundary of this survey, a distance of 152.16 feet for a comer of this tract; Thence, South 74 °59'26" East, continuing along the northeast boundary of this tract, a distance of 197.55 feet for the northeast corner of this tract; Thence, South 28 °53' 12" West, along the southeast boundary of this tract, a distance of 237.87 feet for the southeast corner of this tract; Thence, North 61°06'48" West, along the southwest boundary of this tract, a distance of 609.44 feet to a point on the centerline of said Waldron Road, for the southwest comer of this tract; Thence, North 28 °55'00" East, along the centerline of said Waldron Road, a distance of 79.95 feet to the Point of Beginning and containing 2.000 Acres (87,120.58 Square Feet) of land. Bearings are based on the recorded plat of Lot 5, Yorktown Heights Annex, a map of which is recorded in Volume of which is recorded in Volume 39, Page 107, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy. L•, aqe�tINOM14•411WetMlignmenit DAN LEE URBAN e• yyyy��%i D�� f` Dan L. Urban, R.P.L.S. �/'b•,,'aFSSt��� I' License No. 4710 Urban Engineerin (361)854 -3101 2725 SWANTNER DR. o CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 )8546001 Page S:\Surveying\37735\0000\2acres.doc www.urbaneng.com g /001 OZ \ YORKTOWN i O I -j z r 11 thli did ig 51101 SITE LOCATI(N'IAP N LS Lot 17, Section 52 Flour Bluff and Encinal Form and Gorden Tracts Volume A, Pgs. 41 -43, M.R.N.C.T. Idron Rood dot Lot Line girl! 10O) Point of no Beginning zre N61'06'48"W ^� „RTI1, <,NG t 7i'v1ER r° PA1 MAST Ia W I1LiEY Lot 33, Section 52 Flour Bluff and Encinal Farm and Gorden Tracts Volume A, Pgs. 41 -43 M.R.N.C.T. S74'59'26 "E N8152.16. 197.55' S7518'491 152.16 -� ( 128.63' S6741'S5"E (160.23' Total Acreage 2.000 Acres, 87.120,53 Sq.Ft. 609.44' Lot 32, Section 52 Flour Bluff and Encinal Farm and Gorden Tracts Volume A. Pgs. 41 -43, M.R.N.C.T. `50' Road ROW `/j `e0' Waterline Easement Exhibit B Map to Accompany FIELDNOTES for a 2.00 acre tract of lond out of Lot 33. Section 52. Flour Bluff and Encinal Form and Garden Tracts, o map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas. Lot 1, Block 1, Barney M. Davis Volume 37, Page 88, Mop Records of Nunes County, Texas NIURBAN ENGINEERING r 7725 S AW A CORM QY3r4 1ra4S 73101 411)04 nor re fxiJesr -070 DATE: SEP. 23, 2008 SCALE: 1'•200' JOB NO.: 37735.00.00 SHEET: 1 OF 1 DRAWN BY: DL 02008 by Urban Engineering 0251-,42- 19 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: November 18, 2008 a. Public hearing and first reading ordinance to consider abandoning and vacating the Avenue "F" public street right -of -way (1.248 acres), from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way. b. Public hearing and first reading ordinance to consider abandoning and vacating a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the city limit line. c. Public hearing and first reading ordinance to consider abandoning and vacating a portion of the Sigmor Road public street right -of way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line. d. Public hearing and first reading ordinance to consider abandoning and vacating a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the city limit line. ISSUE: Port of Corpus Christi Authority (POCCA) is requesting the abandonment and vacation of the dedicated public rights -of -way to upgrade their security capabilities at multiple locations throughout the Port. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any street rights -of -way. IMPLEMENTATION SCHEDULE: 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 public rights -of -way, easements, and items of record, must be submitted to the Deputy Director of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. 7e Ile /46 Bob Nix, AICP ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Port of Corpus Christi Authority, is requesting the abandonment and vacation of a 1.248 acre tract of land out of the Avenue "F" public street right -of -way (ROW), north of East Navigation Boulevard, a 0.384 acre tract of land out of the Texaco Road ROW, north of East Navigation Boulevard, a 0.388 acre tract of land out of the Sigmor Road ROW, north of East Navigation Boulevard, and a 9.367 acre tract of land out of the East Navigation Boulevard ROW, west of Avenue "F ", west to the city limit line. These road sections are within the city limits of Corpus Christi and extend to Nueces County Jurisdiction. The public street rights -of -way to be abandoned and vacated are located in an "1 -3" Heavy Industrial District. The portion of Avenue "F" to be abandoned and vacated is located just north of East Navigation Boulevard, between East Navigation Boulevard and Breakwater Avenue. The portion of Texaco Road to be abandoned and vacated is located just north of East Navigation Boulevard, between East Navigation Blvd. and the city limit line. The portion of Sigmor Road to be abandoned and vacated is located just north of East Navigation Boulevard, between East Navigation Blvd. and the city limit line. The portion of East Navigation Boulevard to be abandoned and vacated is located west of Avenue "F ", between Avenue "F" and the city limit line. The said portions of public rights -of -way are being abandoned and vacated, because the Port of Corpus Christi Authority (POCCA) is currently upgrading their security capabilities at multiple locations throughout the Port. As part of those security measures, POCCA proposes to route traffic away from the docks and expand the Port of Corpus Christi's secure area. The abandonment and vacation of the street rights -of -way will be implemented in phases to maintain safe traffic movement. As part of the abandoning and vacating of these public street rights -of -way, the City of Corpus Christi will be acquiring some property from POCCA for a 30 -foot wide sanitary sewer easement for buffer zone purposes in association with the Broadway Wastewater Treatment Plant re- construction project. The City of Corpus Christi in the future will be proposing the abandonment and vacation of a portion of Resaca Street, from North Tancahua Street to San Ramkin Street. The City along with POCCA, are the adjacent property owners to a portion of Resaca Street, from North Tancahua Street to Sam Rankin Street the Resaca Street public right -of -way. Upon the abandonment and vacation of the Resaca Street right -of -way, The City of Corpus Christi with an agreement made with POCCA, will be retaining POCCA's entire portion of the Resaca Street public right -of -way. The City in the future,will also be acquiring a portion of the North Port Avenue public street right -of -way from POCCA, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. City Water Department has an existing 12" waterline within the Avenue "F" ROW and a 6" waterline within the Texaco Road ROW. City Gas Department has an existing 4" gas line within the Texaco Road ROW, an existing 8" gas line within the East Navigation Boulevard ROW, and an existing 10" gas line within the Avenue "F" ROW. SBC has buried cable within the Texaco Road and East Navigation Boulevard street rights-of-way. AEP, had no objections, but will seek reimbursement by the Permittee if adjustments to their facilities become necessary. City Staff is requiring that the Port of Corpus Christi retain the entire right -of -way width of Avenue "F ", Texaco Road, Sigmor Road, and East Navigation Boulevard as utility easements because of the existing utilities located within the four (4) public street rights -of -way. Staff recommends that the Owner pay the net fair market value of $25,781.43 for the abandonment and vacating of the four (4) public street rights -of -way (Ave. "F ", Navigation Blvd., Texaco Rd. and Sigmor Rd.). In accordance with City Code of Ordinance Sec. 49 -12, City Staff is requiring that fair market value fees be paid, priorto the placement of the ordinance affecting the closure on the council agenda. In the event that the ordinance fails to pass, said check shall be returned. The City of Corpus Christi and the Port of Corpus Christi Authority will be exchanging real estate property that will off-set part of the fair market value fee being assessed to the four proposed public street rights -of -way being proposed for closure. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A Page 1 of 3 ORDINANCE ABANDONING AND VACATING THE AVENUE "F" PUBLIC STREET RIGHT -OF -WAY (1.248 ACRES), FROM THE EAST NAVIGATION BOULEVARD PUBLIC RIGHT -OF -WAY TO THE BREAKWATER STREET PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of the Avenue "F" public street right -of -way (1.248 acres), from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the Avenue "F" public street right -of- way (1.248 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the Avenue "F" public street right -of -way (1.248 acres), from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $40,772.16. $27,280.98 is deducted from the fair market value as consideration for the retained utility easement in the entire right -of -way width of Avenue "F". $7,557.26 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays cash for the remaining fair market value of $5,933.92 for the abandonment and vacation of the 1.248 acres of Avenue "F" public street right -of -way. 2) City Staff is requiring that the Port of Corpus Christi Authority retain the entire right - of -way width of Avenue "F" as a utility easement because of the existing utilities located within the street right -of -way. 3) The abandonment and vacation of the street right -of -way will be implemented in phases to maintain safe traffic flow of vehicles. O:\SharedUayAgenda \2008 \11- 18\ORD- abandon - vacateStreetPubROW- PortofCC- AvenueF.doc Page 2 of 3 4) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. 5) Upon closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 6) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements 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 Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. Q:\SharedUay Wgenda\2008 \11- 18 \ORD- abandon - vacateStreetPubROW- POrtofCC- AvenueF.doc 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 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 Hummel! Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: November 10, 2008 By: tte A3'"sistant Ci "Attorney For City Attorney O:\ Shared\Jay\Agenda\2008 \11- 18 \ORD- abandon- vacateStreetPubROW- PortofCC- AvenueF.doc Page 1 of 3 ORDINANCE ABANDONING AND VACATING A PORTION OF THE TEXACO ROAD STREET RIGHT -OF -WAY (0.384 ACRES), FROM THE EAST NAVIGATION BOULEVARD PUBLIC STREET RIGHT -OF -WAY, NORTH APPROXIMATELY 278 FEET TO THE CITY LIMIT LINE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the City limit line to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the Texaco Road street right -of -way (0.384 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the portion of Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the City limit line, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $12,545.28. $8,184.29 is deducted from the fair market value as consideration for the retained utility easement in the entire right - of -way width of Texaco Road. $2,267.18 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays cash for the remaining fair market value of $2,093.81 for the abandonment and vacation of the 0.384 acres of Texaco Road public street right -of -way. 2) City Staff is requiring that the Port of Corpus Christi Authority retain the entire right - of -way width of Texaco Road as a utility easement because of the existing utilities located within the street right -of -way. Q:\Shared\Jay Wgenda\2008 \11- 18\ORD- abandon- vacateStreetPubROW- PortofCC- TezacoRd.doc Page 2 of 3 3) The abandonment and vacation of the street right -of -way will be implemented in phases to maintain safe traffic flow of vehicles. 4) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. 5) Upon closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 6) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements 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 Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. 0:\ Shared\JayWgenda\ 2008\ 11- 18\ OR0.abandon- vacateStreetPubROW- PortofCC- TeuacoRd.doc 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 , 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: November 10, 2008 By: tte A sistant City ttorney For City Attorney Q:\SharedUay Wgend a\2008 \11- 18 \ORD- abandon- vacateStreetPubROW- POrtofCC- TexacoRd.doc Page 1 of 3 ORDINANCE ABANDONING AND VACATING A PORTION OF THE SIGMOR ROAD STREET RIGHT -OF -WAY (0.388 ACRES), FROM EAST NAVIGATION BOULEVARD, NORTH APPROXIMATELY 281 FEET TO THE CITY LIMIT LINE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of a portion of the Sigmor Road street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the City limit line to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the Sigmor Road street right -of -way (0.388 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the portion of Sigmor Road street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the City limit line, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $12,675.96. $8,432.30 is deducted from the fair market value as consideration for the retained utility easement in the entire right - of -way width of Sigmor Road. $2,335.88 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays cash for the remaining fair market value of $1,907.78 for the abandonment and vacation of the 0.388 acres of Sigmor Road public street right -of -way. 2) City Staff is requiring that the Port of Corpus Christi Authority retain the entire right - of -way width of Sigmor Road as a utility easement because of the existing utilities located within the street right -of -way. 3) The abandonment and ,vacation of the street right -of -way will be implemented in phases to maintain safe traffic flow of vehicles. Q:\Shared\JayW genda\2008 \11- 18 \ORD- abandon- vacateStr eetPubROW- PortofCC- SgmorRd.doc Page 2 of 3 4) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. 5) Upon closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 6) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements 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 Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. O:\ SharedUayWgenda\2008 \11- 18\ORD- abandon- vacateStreetPubROW- POrtofCC- SigmorRd.doc 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 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 McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: November 10, 2008 By: Y eAgu Assistant City Attorney For City Attorney Henry Garrett Mayor Q:\ SharedQay1Agendat2008 \11- 181ORD- abandon- vacateStreetPUbROW- PortofCC-SigmorRd.doc Page 1 of 3 ORDINANCE ABANDONING AND VACATING A PORTION OF THE EAST NAVIGATION BOULEVARD PUBLIC STREET RIGHT -OF -WAY (9.367 ACRES), FROM THE AVENUE "F" PUBLIC STREET RIGHT -OF -WAY, WEST APPROXIMATELY 5,857 FEET TO THE CITY LIMIT LINE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the City limit line to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the East Navigation Boulevard public street right -of -way (9.367 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the portion of East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the City limit line, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $306,019.89. $204,111.28 is deducted from the fair market value as consideration for the retained utility easement in the entire right -of -way width of East Navigation Boulevard. $56,542.03 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays cash for the remaining fair market value of $45,366.58 for the abandonment and vacation of the 9.367 acres of East Navigation Boulevard public street right -of -way. 2) City Staff is requiring that the Port of Corpus Christi Authority retain the entire right - of -way width of East Navigation Boulevard as a utility easement because of the existing utilities located within the street right -of -way. O:\SharedU ay\Agenda\ 2008\ 11- 18\ORDabandon- vacateStreetPubROW- PortofCC- ENavigation.doc Page 2 of 3 3) The abandonment and vacation of the street right -of -way will be implemented in phases to maintain safe traffic flow of vehicles. 4) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. 5) Upon closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 6) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements 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 Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. O:\ SharedUayWgenda\2008 \11- 18\ORD- abandon - vacateStreetPubROW- PortotCC- ENavigation.doc 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 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 Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: November 10, 2008 By: tteA�- r A- istant • Attorney For City Attorney Q:\ Shared \JayWgenda\2008 \11- 18 \ORD- abandon- vacateStreetPubROW- PortofCC- ENavgation doc EMI LE4EN0 I ©� n 0 n- EXHIBIT C Page 1 of 9 brailteralkor OF CORPUS CiRER1 GRANT 7 - SECURITY PROJECT COUNTY ROAD CLOSURE LOCATION MAP ATE, DEC. 2007 AVENUE F PORT OF CORPUS CHRIST AUTHORITY CITY R.O.W. CLOSURE EXHIBIT C Page 2 of 9 AVENUE F LOCATION MAP APR. 2008 r ORAVNIC SCALE 0 100' 200' 300 400' PCCA DISK ENTER -2 N 88'48'17" E 34.48' CITY LIMITS N 05'48'29" E 278.93' S 88'41'18" W 80.62' ME a / S 80'30'27" E owe 43.17' .P= e!E!P4}p1� A NAVIGATION BOULEVARD FND. 5/8' I.R. 5 05.48'29" W 275.95' END. 5/8' I.R. POINT OF BEGINNING 5 68'41'18' W BEES. 1. BEARINGS MW BASED ON CPS BEARINGS, NAD 27, TEXAS SOUTH ZONE, PCCA MONUMENT 'ENTER-2'. PCCA BRASS DISK LOCATED ON THE NORTH ENO OF INC WEST ON AVENUE F, 29T NORTH OF NAIGATION BLVD. 2. MAP TO ACES NOTES BEING A 1.245 ACRE TRACT. CURRENTLY A PORTION AF LARUE - BE.CLOSED. 20.70' FGFND• PROPOSED COUNTY R.C.W. CLOSURE PROPOSED CITY R.O.W. CLOSURE t+ _ PCCA PRQL /07 -0340 RVE JOB 402024 -7 h E :•F'�a+� O tiR "' z to. DA1E REVISION PORT OF CORPUS CHRIST AUTHORITY 2 •• • aAQap ^ CITY R.O.W. CLOSURE �,���y� a EXHIBIT C _ � e Page 3 of 9 - OF caaw awn Aram AVENUE F MM. 2008 3 /OYlQ 3 9 I em RIGHT OF WAY ND. 5/8' I.R. 1 1 1 1 1 e f GRAPHIC SCALE 0 1000' 2000' 5000' BURLE50 ST. ni • CORPUS CHIOS SIP CHANNEL so At , Altres•Illansa 11111111111111 A■`�rrtrAt amow most___% moo 074 ita µIT In. r r 1 RCCA PROF. N2 -030C +a /02024 -7 rte onsmsrosa drowse) es DATE 2 4 Ds EXHIBIT C = = rage 4of9 — a -7 bra gis 1.0•116. OF ODUUS or PORT OR CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE Loa )ik n AS SHORN m TEXACO RD. LOCATION MAP I R6 APR. 2008 �iG 1 1 1 1 1 1 1 1 1 GRAPHIC SCALE 100' 200' 300' 400' JCE RLT0/1 tareanava. MMCM COMMEICII N 88'4817" E 60.00' CRY UMRS CRY UM1TS • - -•.--• • • -• N 0118'42" W 278.70' : : :..• D I : :•` • : : S 88'41'18" W 60.00" ------- 710N BOULEVARD NUS: 1. BEARINGS ARE BASED ON GPS BEARINGS, NAP 27, TEXAS SOUTH ZONE. PCCA MONUMENT 'ENTER-r. PCCA BRASS DISK LOCATED ON THE NORTH END OF THE NEST CULVERT ON AVENUE F, 297' NORTH OF NAVIGATION BLVD. 2. MAP TO A P 1> 011SILEING A 0.384 ACRE TRACT. CURRENTLY THE S012,01/4 &L° BE CLOSED. 4..4XYT - I-14 • it".• ) -A:CC:;.:;f4:FR A relp S 01'18'42" E 278.58' L.) POINT OF BEGNNING BIF41.18' E 909.59' Wen A PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITY R.O.W. CLOSURE PCCA PROT 107 -DM RVE JCII p2024-7 ENTER-2 DISK --\ 14 lk 141 ma DATE REVISION PORT OF CORPUS CHRISTI AUTHORITY 2 3 4 • 41, • CITY R.O.W. CLOSURE n EXHIBIT C Z 111110411111W°111100 4- Page 5 of 9 - CF COWS Qflfl - AS SHOW TEXACO ROAD sunr- etb RIGHT OF WAY MM, 2008 2 1 1 8 B GRAPHIC SCALE 1000' 2000' 0000' BURL SON ST._ SIGNOR RD C0� tl1�0 s'e CHANNEL sr A sr A ml 7_Jl �_- -U N awns st PCCA PROL P7 -034C RLE JOB fO202h] DATE BENSON EXHIBIT C — Page 6 of 9 — OF CORPUS Or PORT or CORPUS CHRISTI ■ rye weFwYpQhpwRw).G AUTHORITY CITY R.O.W. CLOSURE vac wA5 SHORN b SIGNOR RD. LOCATION MAP APR. 2003 No. 1 1 1 1 1 GRAPHIC WALE 0 100' 2001 300' 400' :" C: ;11 it A J0E 14170/1 NIERNATENAL woe =ODOR N 8848'17" E 60.00' CITY UWE 04, (44M I z N 01'18'42" W rt S 01'18'42" E 1-51 281.73' ,4 1 : . I* c. cs (*D D i i :::* f.' !: i. : I it 110 S 88'41'18" W POINT OF BEGINNING ON BOULEVARD _..... _ .J 60.00 ' ,... A`, N EVY41'16. E 2400130' --..----- LICE ENTER-2 DISK) 8/E1ES• J MENG' 1. BEARINGS ARE BASED ON CPS BEARINGS, NAD 27, TEXAS SOUTH ZONE, PCCA MONUMENT 'ENTER-21'. PCCA BRASS DISK LOCATED ON THE NORTH END OF THE WEST CULVERT ON Amex E,..297' NORTH OF NAVIGATOR BLVD. - •-• • - Z. MAP TIEFAcmplar. BEING A 0.313/3 ACRE TRACT, CURRENTLY THE SOUTH . ' TO BE CLOSED. • • .4=8-. -e.• (ille74 411t,C0-4:":;ct 2 3 4 PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITY R.O.W. CLOSURE /0 PCCA PRO!. A7-034C RYE JOB 2024-7 MARGO( PORT OF CORPUS CHRISTI AUTHORITY MO. CITY R.O.W. CLOSURE 5 6 EXHIBIT C- 1111.4141110.41%•• 2—, Page 7 of 9 — Of coma Mtn Anat./1_11004 SIGMOR ROAD MAR. 2008 <lb RIGHT OF WAY 3 1 CITY R.O.W. CLOSURE APR. 2008 NAVIGATION BLVD. LOCATION MAP 1 1 1 1 1 1 1 GRAPHIC SCALE 0 150 300' 450 6001 LIAM: FAc65;, PROPOSED OTT R.O.W. CLOSURE ENTER -2 DISK NOES• 1. BEARINGS ARE BASED ON GPS BEARINGS, NAD 27, TEXAS SOUTH ZONE, PCCA MONUMENT -ENTER-27. PCCA BRASS DISK LOCATED ON DIE NORM END OF THE WEST CULVERT ON AVENUE F, 2971 NORTH OF NANG/1710N BIM. 2. MAP TO ACCOMPANY Ola BEING A 9.367 ACRE TRACT. CURRENTLY ALL PORTIONS_W.e, ' 1111111N OTT UNITS TO BE CLOSED. • -27 • r „ ri 1.Lte‘S r • ..2.:Se•-••41 '' • ....... • ••• •-•.• diger 3 /09/08 In DATE ts, z gi 0 .41 .41-61! z 3. er) : • :-1•*. PCCA PROI p7-034C INE JOB 932024-7 RENSION PORT OF CORPUS 2 3 4 = EXHIBIT C Page 9 of 9 — 9' • • • 1116.041111•5•01% 11••••■•001111•• OF CONKS MAN Id g 8 8 rts CHRISTI AUTHORITY CITY R.O.W. CLOSURE sawLSSCial otb NAVIGATION BLVD. rt MAR. 2006 RIGHT OF WAY 20 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: November 18, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to compliance with the specified conditions. ISSUE: City of Corpus Christi Is requesting the street abandonment and vacation of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way to facilitate the expansion of the South Texas Botanical Gardens & Nature Center. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires' a public hearing prior to the vacating and abandonment of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Councll and Issuance of the ordinance, all grants of street closure must be recorded at Owner's expense In the real property Map Records of Nueces County, Texas. Prior to the recordation of the street closure, an up to date survey, abstracted for all public rights -of -way, easements, and Items of record, must be submitted to the Development Services Engineer. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Bob Nix, AICP ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map and Photos AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: City of Corpus Christi, ( "Owner') is requesting the street abandonment and vacation of a 61,537.10 square foot portion of undeveloped and unsurfaced South Oso Parkway dedicated public right -of- way to facilitate the expansion of the South Texas Botanical Gardens & Nature Center. The adjoining property to the south, Lot 1, Block 2, out of Botanical Gardens Park Unit 4 Subdivision, was donated to the City of Corpus Christi in December of 2007. A condition of the dedication to the City was that the property be used toward the expansion of the South Texas Botanical Gardens & Nature Center facility, which currently operates on property leased from the City of Corpus Christi. It is intended that after closure of this existing section of South Oso Parkwayahtli2fts0 complete, rnhattlitat the entire property, including Lot 1, Block 2 mentioned aboveA he proposectrielial will also include the "re- dedication" of South Oso Parkway right -of -way along the southerly boundary of the combined tract. This will result in the relocation of the intersection of FM 2444 and the proposed extension of South Oso Parkway to a point approximately 200 feet west of that currently proposed. This will benefit the travelling public by moving the intersection further from the curve in FM 2444 and improving stopping sight distance between the curve and the proposed intersection. This issue has been reviewed by TXDOT representatives, and they have indicated their support for the intersection relocation. In addition, the relocation of the proposed intersection will improve alignment of South Oso Parkway with the property lines to the east of FM 2444. The relocation will result in the parkway section traversing the tract at its southern edge, rather than bisecting it. Parkways, by design, are not intended to have residential development along both sides of the roadway, but rather, only on one side, with a linear park along the other. The proposed alignment will promote this more desirable development scenario. All public and franchised utilities were contacted regarding this closure request. Traffic Engineering presented the closure to the Transportation Advisory Committee for comments on October 27, 2008. The proposed closure received the endorsement of the Committee. The Fire Department has no objection to the public right -of -way closure, as long as they have continuous access to the property for emergency response. None of the public and franchised utilities had any objections to the public street right -of -way closure. The City's Code of Ordinances, Section 49- 12(c)(4) waives payment of fair market value of the right - of -way to be abandoned when the street is unimproved, and not used for any public street purpose. This section of the Code also defines "public street purpose" to include, but not be limited to, "curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and any other public utility installations? As a condition of the public right -of -way closure, the Owner will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas, within 180 days of adoption of the ordinance for the closure of this section of South Oso Parkway. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 61,537.10- SQUARE FOOT PORTION OF THE UNDEVELOPED AND UNSURFACED SOUTH OSO PARKWAY DEDICATED PUBLIC RIGHT -OF -WAY, OUT OF THE BOTANICAL GARDENS PARK UNIT 4 SUBDIVISION, LOCATED NORTH OF AND ADJACENT TO THE SOUTH STAPLES STREET (FARM TO MARKET HIGHWAY 2444) PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, the City of Corpus Christi (Owner) is requesting the abandonment and vacating of a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way to facilitate the expansion of the South Texas Botanical Gardens & Nature Center; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced public right -of -way, subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way, as recorded in Volume 63, Page 140 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) Payment of the fair market value is waived. City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. 2) 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 easements Q:\ SharedhayWgenda\2008 \11- 18\GRD- abandon- vacatePubROW- SouthOsoPkwy- BotanicalGardens.doc Page 2 of 3 and items of record, must be submitted to the Assistant City Manager of Development Services. Q:\ Shared \JayWgenda\2008 \11- 18 \ORD- abandon- vacatePubROWS outhOsoPkvry- BotanicalGardens.doc Page 3 of 3 That the foregoing ordinance was read for the firrsst8timed passed vote: its second reading on this the day of 2 by the Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time vote passed finally on this the day of 00 by the 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: November 10, 2008 By: Yvette Aguilar Assistant City Attomey For City Attorney OA Shared\Jay\Agenda\2o08 \11- 18 \ORD- abandon- vacatePUbROWS outhOsoPkxy- BotanicalGardens.doc allosseasPlieW 5 South Oso Pkwy a9c% at a� G 12 1 ft 1- il e 1 4 7 15 5 South Texas Botanical Gardens & Nature Center 8 7 S STAP ES ST 0 100 200 400 600 Feet South Oso Pkwy Proposed Street Closure Existing Parkway Proposed Parkway Street Closure & Owners within 450' listed on attached ownership table Vi, ra+erm0e Damara S Development Service E:\44wie%Sout Oso PaAssyWouth Oso Ploe y.Inset Map_natl EXHIBIT C a CC 0 3 N O, V . 0 1 z 0 a WO m i ni 1 ` a F O s O 0 -1 0 J > 6 O N O 0/d DSO "bsk � s aA H 0 N N 6 O Sm . O Ur) en 0: z O O W maf Z 0 V Q d'm2 1yU��1y7a1�1M • =30m UMOC mJJ. N 2W I�NO K? I- ~O N z O z YW 4 W U 0. Z 3 R O E it o o nt 0A a. 0 K 0. Wm9 (O,1 • 711y rc U wWJ4f O Id tyRR. g=<O 59 AI* 0, * 1"� rc iZ i• r at: a2 1 W)o W= ~<FOFW �O~ KF W8O2IU OO =F2 U R5 Z0 �'IEH• 3 0� m WytOWW iyY OW <W 3O �0<.Wi W� Qrcoa316; rcI- 00 0 In CI CI c c 0 u m Eel cn V1 (n N tri 1-4 W 04 st: c0 N CI) .0 Vj �l tO b W c C1.4 ,O nil O •% leg O UCH Cij ti 1 1 1 8 O M O a d \ C) Z K c < 7 0* \ n 00 a d / ON iov \ 0.3 7 _ 371 .3 5 In _ 0- N o 0 L -3n . 1 q v W YD \ —i r S et 9 a J 1- 1 C' ' ��Xp74i 1 OY Z I- wOai mamr al 0 co cc s 00 S9V3 pp$wgo WNMN oiJL- 9'A AZ 30 S( nznatcwl ` 0003 3 .00,0443 • MINNOW 40 1180d SOUTH STAPLES (FM 2444) .00'00 .00i M .00.00.081 OWNER: CITY OF CORPUS CHRISTI Internet Map Viewer 7octt :4:11014: (S STAPLES ST.) — 1- 1 1- :0;10 Copyright (q.24841treJlikoriius Chr t 'dated 919 07 LOCATION MAP 21 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: November 18, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 2,701.10 - square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way; subject to owner's compliance with the specified conditions. ISSUE: Mr. Bryan Gulley, owner of Lot 13, and Mr. Jerry Eaton, owner of Lot 12, are requesting the abandonment and vacation of the public alley right -of -way, to Improve security and facilitate maintenance of the area, as actual use of the alley way for Its intended purpose has not Materialized. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of public rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any public rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and Issuance of the ordinance, all grants of public right of way 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 recordation of the alley closure, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Bob Nix, AICP ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. Bryan Gulley and Mrs. Shannon Gulley, Owners of Lot 13, Block 43, and Mr. Jerry Eaton, Owner of Lot 12, Block 43, Padre Island No. 2, are requesting the abandoning and vacating of the 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & Lot 13, and adjacent to and northeast of the Playa Del Rey public right -of -way. The dedicated public alley right -of -way to be abandoned and vacated is located in a "R -1 B" One - Family Dwelling District. The said portion of public right -of -way is being requested for abandonment and vacation for security purposes regarding both of their adjacent lots and because of the non -use of the alley right -of -way. Notice of the proposed street right -of -way closure was mailed to 29 property owners within the 450 foot distance from the limits of the public right -of -way to be abandoned, as required by the Code of Ordinances, Section 49 -12. No responses were received regarding the proposed alley closure. All public and franchised utilities were contacted regarding this closure request. The City Storm Water Department has an existing 24" RCP within the alley right -of -way and requires that the Owner retain the entire 10' wide public alley right -of -way as a utility easement. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the existing public alley right -of- way or utility easement. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas, within 180 days of Council approval at owner's expense. None of the other public and franchised utilities had any objections to the public street right -of -way closure. Staff recommends that the Owner pay the fair market value of $6,560.00 for the abandonment and vacating of the 2,701.10- square foot portion of the 10 -foot wide public alley right -of -way, prior to closure going to City Council. As a condition of the public alley right -of -way closure, the Owner will be required to record all grants of public right of way closures and dedications in the real property Map Records of Nueces County, Texas, within 180 days of adoption of the ordinance for the closure of this section of public right -of -way. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 2,701.10- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UNDEVELOPED AND UNSURFACED DEDICATED PUBLIC ALLEY RIGHT -OF -WAY, LOCATED BETWEEN LOTS 12 AND 13, BLOCK 43, PADRE ISLAND NO. 2, ADJACENT TO AND NORTHEAST OF THE PLAYA DEL REY PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, are requesting the abandonment and vacating of an undeveloped and unsurfaced dedicated public alley right -of -way, which is located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and WHEREAS, the other owners of property abutting the public alley right -of -way are not directly affected by the abandoning and vacating of the undeveloped and unsurfaced dedicated public alley right -of -way, therefore they did not join in the request for closure. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced dedicated public alley right -of -way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced dedicated public alley right -of -way out of Lots 12 and 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way, as recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owners' compliance with the conditions as specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public alley right -of -way is conditioned upon Owners' compliance with the following: 1. Owners pay the fair market value of $6,560.00 prior to the alley closure ordinance for the abandonment and vacating of the 2,701.10- square foot portion of the 10 -foot wide alley, going to City Council for approval. O:\Shared\JayW genda\2008 \11- 18 \ORD- abandon- vacateROW GulleyEaton- Padre -2 Wg.doc Page 2 of 3 3. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the public alley right -of -way. 4. Within 180 days of approval by Council and issuance of the ordinance, all grants of public right -of -way closures and dedication of utility easement must be recorded at owners' 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 public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. Q:\ SharedUay \Agenda\2008 \11- 18 \ORD- abandon- vacateROWGuIIeyEaton- Padre- 2rdg.doc 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 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 Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: November 10, 2008 By: A' sistant City Attorney For City Attorney Q:\ Shared\JayVAgenda\2008 \11- 18\ORD- abandon- vacateROWGuIIeyEaton- Padre- 2rdg.doc 14220 31 Pro • osed Alle Closure Lol 13 14622 26 14610, 14614 2.4 Lot 12 14618 518 20 14201 2 14605 12 14521 15 14210 29 14206 11 14213 4 14210 10 14212 30 4505 10 14510 14217 5 14214 14518 14225 14521 Proposed Alley Closure Between Lots 12 -13, Block 43, Padre Island No. 2 Right of Way & 450' Buffer 812V2008 Prepared ay: DS D•pertment of Dwelopment Services a City of EXHIBIT C LOCATION MAP (N68 °48'36'E 8.59) (N 68° 48' 38'E 8.61) (5 16° 09' 30 "E 218.751 0 .4 W O m 0 VICINITY MAP LOT 12 °5 This popery Yes within Zone as shovm according to FIRM 85 , wNrh Is & Is not within the ilyear Flood Pane. EASEMENT CLOSURE EXHIBIT A A= 03° 10' 37" R= 90.00' LA= 4.99' T= 2.496' LOT 14 [N 21° 13' 30 "W 7.89'] [R= 90.00', IA= 45.601 A= 03° 10' 38" R= 90.00' LA= 4.99' T= 2.496' 14202 PLAYA DEL REY DATE: 09/03108 REV: 05/02/08 CREW: RS &DL OFFICE: RV & RA GF #: JOB #: 94 -5922 2786.8 S.F., Being the 10' Easement between Lot 12 & Lot 13, Block 43 Padre Island Number 2 V. 13, P28, (MRNCT), Corpus Christi, Nueces County, Texas. SHEET 1 OF 1 SCALE 1" = 40' 1/01, S ENGINEEiVING INC. aawaaa�aaa wasaaaseaatiosa,aarapnew eaa,9mmse * mvpaan atainiummos EXHIBIT C 22 NO ATTACHMENT FOR THIS ITEM 23 NO ATTACHMENT FOR THIS ITEM 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 18, 2008 AGENDA ITEM: Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development ISSUE: On November 4, 2008, the voters of Corpus Christi approved $153,000,000 of projects which will be funded through general obligation bonds. It is anticipated that the City will incur expenditures related to these projects prior to the sale of these bonds. In order for the City to be eligih lc for reimbursement for any expenditures incurred prior to the bond sale(s), the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations relating to the issuance of tax - exempt obligations and requires approval by the City Council. Bond counsel has provided the reimbursement resolution, which authorizes reimbursement for the entire voter - approved bond package, less the item that was previously brought to the City Council on October 21, 2008 for the Health Department Laboratory Air Handler and the Health Department Chiller Replacement in the amount of $355,000. The amount of the Resolution, $152,645,000, ($153,000,000 less $355,000 previously approved for reimbursement) is for the projects approved by the voters. Shown below are the amounts that would be reimbursed. General Obligation projects: • Construction of various street improvements $104,610,000 • Fire Department improvements 6,250,000 • Police Department improvements 3,340,000 • Public health facility improvements 795,000 * • Public facilities improvements 3,050,000 • Park and recreational improvements 21,600,000 • Bayfront development public improvements 13,000,000 TOTAL $152,645,000 * - Additional $355,000 of approved bonds included in October 21, 2008 reimbursement resolution. REQUIRED COUNCIL ACTION: Approve a Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects. FUTURE COUNCIL ACTION: It is anticipated that the City will issue General Obligation Bonds to funds these projects beginning in the spring of 2009. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects. Constance P. Sanchez Attachments: Interim Director of Financial Services Background Information Resolution BACKGROUND INFORMATION On November 4, 2008, the City of Corpus Christi held an election to consider a number of propositions to fund major capital improvements in the community. The voters approved $153 million in projects to be funded from ad valorem property taxes. Although these bond programs will not get underway for several months, during this interim period, the City will most likely incur expenditures and obligations. In order for the City to reimburse itself from the issuance of tax - exempt bonds under the Internal Revenue Code, a reimbursement resolution must be approved by City Council in accordance with Treasury Regulations. The reimbursement resolution was prepared by Bond Counsel and reviewed by City staff, and covers $152,645,000, representing the full amount of the bond propositions ($153,000,000), less $355,000 in costs for public health improvements that were included in a reimbursement resolution adopted by the City Council on October 21, 2008. The aggregate amount reflected in the reimbursement resolution may not be the amount that the City will expend prior to the issuance of the bonds (which would then be reimbursed from the proceeds), but does reflect the maximum authorization the City is permitted to have as approved by the voters. Exhibit "A" of this reimbursement resolution lists the projects by category and amount. RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF THE 2008 BOND CAPITAL IMPROVEMENTS PROJECTS IN AMOUNT NOT TO EXCEED $152,645,000 FOR IMPROVEMENTS TO STREETS, FIRE DEPARTMENT FACILITIES, POLICE DEPARTMENT FACILITIES, LIBRARIES, MUSEUMS, PARKS AND RECREATION FACILITIES, AND BAYFRONT DEVELOPMENT WHEREAS, the City of Corpus Christi, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; 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 ") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds, particularly the City's General Fund; 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; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 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 $152,645,000.00, 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 obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Date: November 18, 2008 Attest: Armando Chapa, City Secretary HENRY GARRET, MAYOR CITY OF CORPUS CHRISTI Approved as to form: November 7, 2008 By: a Lisa Aguilar, Assist t City Attorney For the City Attorney✓ Exhibit "A" • Construction of various street improvements as approved by voters of the City at an election held on November 4, 2008, aggregating an estimated $104,610,000. • Fire Department improvements as approved by voters of the City at an election held on November 4, 2008, aggregating an estimated $6,250,000. • Police Department improvements as approved by voters of the City at an election held on November 4, 2008, aggregating an estimated $3,340,000. • Public health improvements as approved by voters of the City at an election held on November 4, 2008, aggregating an estimated $795,000. • Public facilities improvements (library and museums) as approved by voters of the City at an election held on November 4, 2008, aggregating an estimated $3,050,000. • Park and recreational improvements as approved by voters of the City at an election held on November 4, 2008, aggregating an estimated $21,600,000. • Bayfront development public improvements as approved by voters of the City at an election held on November 4, 2008, aggregating an estimated $13,000,000. Corpus Christi, Texas 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 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/18/2008 AGENDA ITEM: A. Motion authorizing the City Manager or designee to execute a Frequency Reconfiguration Agreement with Nextel of Texas, Inc., in which Nextel shall pay for replacement radios and equipment to comply with order of Federal Communications Commission to minimize harmful interference to public safety radio system communications in the 800 MHz radio band. B. Motion authorizing the City Manager or designee to execute a Contract with Dailey Wells of San Antonio, Texas, for public safety radio and equipment improvements, with costs to be paid by Nextel pursuant to the Frequency Reconfiguration Agreement ISSUE: The Federal Communications Commission ( "FCC ") contacted all 800 Mhz licensees in our area informing us about the reconfiguration of the 800 Mhz radio frequencies used by all City Departments. This reconfiguration resulted from Sprint/Nextel's inability to resolve radio interference problems with Public Safety agencies throughout the United States. REQUIRED COUNCIL ACTION: Approval of the agreement. PREVIOUS COUNCIL ACTION: None FUNDING: No funding is required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the agreement. Attachments: • Agreement jet B. P. Smith Chief of Police BACKGROUND INFORMATION In February 2007 the Federal Communications Commission ( "FCC ") contacted all 800 Mhz licensees in our area informing us about the reconfiguration of the 800 Mhz radio frequencies used by all City Departments. This reconfiguration resulted from Sprint/Nextel's inability to resolve radio interference problems with Public Safety agencies throughout the United States. Fortunately we had no such interference locally, but the reconfiguration of frequencies must be done on a national level to be effective. The FCC ordered Sprint/Nextel to pay all costs resulting from the reconfiguration. Some older radios will have to be replaced to accommodate the changes, and these will be replaced at Sprint/Nextel's expense as well. The approximate number of radios expected for replacement for the City of Corpus Christi is 2500. These radios are 20 years old and are past due for replacement making this a very timely project that will greatly benefit the City of Corpus Christi. The reconfiguration project has become known in the industry as "re- banding ". The City of Corpus Christi agreed to include three smaller agencies in our negotiations with Sprint/Nextel to insure a smooth transition for all 800 Mhz radio users in our area. These agencies are Nueces County, the City of Kingsville and San Patricio County. Including the repeaters, mobile radios and portable radios to be replaced, the estimated financial benefit to the City of Corpus Christi and these agencies will be approximately 10 million dollars. The negotiations are now complete and the summary below explains what changes will occur during the project: 1. Our Flour Bluff radio site will be completely replaced with the latest model of repeaters. The Nueces County Jail site, the City of Kingsville site and all three San Patricio County sites will also be upgraded with the latest model repeaters. 2. All portable, mobile and base radios will either be replaced or re- programmed as needed to comply with the required changes. This will give all agencies a complete and accurate inventory of all radios which is essential for our future maintenance contract negotiations. All costs associated with radio equipment purchases, radio installations and programming will be paid directly by Sprint/Nextel to the associated vendors and contractors. After Council approval of the agreement, the document will be returned to Sprint/Nextel for signature and processing. Upon Sprint/Nextel's receipt of the agreement, work on modifying our FCC licenses and ordering radio equipment will proceed, again at Sprint/Nextel's expense. The FCC licensing process and delivery of equipment is estimated to allow project initiation in second quarter 2009. It is estimated that the project will be completed in fourth quarter 2009. FREQUENCY RECONFIGURATION AGREEMENT THIS FREQUENCY RECONFIGURATION AGREEMENT (this "Agreement ") is made as of this day of , 2008 ( "Effective Date "), by and between the City of Corpus Christi ( "Incumbent "), a political subdivision of the State of Texas, and Nextel of Texas, Inc. ( "Nextel "), a wholly owned indirect subsidiary of Nextel Communications, Inc., a Delaware corporation (each is referred to in this Agreement as a "Party" and together as the "Parties "). RECITALS A. On August 6, 2004, the Federal Communications Commission ( "FCC ") issued a report and order that modified its rules governing the 800 MHz band. The purpose of the order was to reconfigure the 800 MHz band to minimize harmful interference to public safety radio communications systems in the band ( "Reconfiguration "). B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator (the "Transition Administrator ") pursuant to its delegated authority under the orders, but only to the extent that the Transition Administrator may have authority to issue any binding actions and only to the extent that the Communications Act of 1934 may authorize the FCC to delegate such authority to the Transition Administrator ( "Actions "), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are collectively referred to as the "Order." C. Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject to Reconfiguration. D. Pursuant to the Order, Nextel is required to and will pay Incumbent the minimum reasonable and prudent amount necessary to effect a Reconfiguration of Incumbent's affected frequency allocations ( "Reconfiguration Cost "). Incumbent will certify to the Transition Administrator, appointed pursuant to the Order, that the Reconfiguration Cost is the minimum reasonably and prudent amount necessary to provide comparable facilities. E. The County of Nueces, the County of San Patricio, and the City of Kingsville (collectively the "Governments "), all political subdivisions of the State of Texas, each issued, to the Incumbent, a Letter of Authorization ( "LOA ") (attached as Exhibit D to this Agreement) authorizing the Incumbent to act as its agent for the rebanding. For the purposed of this Agreement, the terms Incumbent, Party, and the Parties, includes, by reference, the Governments. Among other things, Incumbent is authorized, under the LOAs, to negotiate and execute this Agreement and to perform the obligations assigned to the Incumbent under this Agreement on behalf of the Licensees. F. The Governments are individually responsible for securing their modified FCC licenses and for clearing their radio frequencies in accordance with the terms of this Agreement. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1 Frequencies to be Reconfigured: Incumbent is the licensee, and agent of the Governments licensees, under the license(s) granted by the FCC identified in Schedule A (the "Incumbent Licenses ") for the operation of certain 800 MHz frequencies at the locations identified on Schedule A (the "Incumbent Page 1 of56 Incumbent: City of Corpus Christi (TX) DL #8910427746 Frequencies "). Nextel, including its subsidiaries or affiliates, is the licensee under license(s) granted by the FCC (the "Nextel Licenses ") for the operation of Specialized Mobile Radio ( "SMR ") systems on the frequencies and at the locations identified in Schedule B (the "Replacement Frequencies "). Pursuant to the Order, Nextel must (i) vacate and otherwise clear the Replacement Frequencies, (ii) assign and transfer the Replacement Frequencies to Incumbent free, clear and unencumbered, (iii) provide Incumbent facilities comparable to those presently in use on the Replacement Frequencies, and (iv) pay the minimum reasonable and prudent costs necessary for Incumbent to relocate to the Replacement Frequencies without substantial disruption in operations. Pursuant to the Order, Incumbent must relinquish the Incumbent Frequencies, assign the Incumbent Frequencies to Nextel free, clear, and unencumbered, and relocate its system to the Replacement Frequencies. 2 Frequency Reconfiguration Licensing Process: (a) On or before the Closing Date (as defined below) (i) Nextel or Incumbent will cause the modification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause the creation of a new FCC license for Incumbent that includes the Replacement Frequencies; (ii) Incumbent will assign the Incumbent Frequencies to Nextel or at Nextel's election will cause the deletion of the Incumbent Frequencies from the Incumbent Licenses following Reconfiguration of Incumbent's system; and (iii) Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of 800 MHz frequencies that are co- channels of the Replacement Frequencies, to effect the surrender of such frequencies having a transmission point within a fifty -five (55) mile radius of the coordinates of the Replacement Frequencies, and to the extent required to meet the technical short- spacing requirements of Section 90.621(b) of the FCC's Rules, 47 C.F.R. § 90.621(b) ( "Section 90.621(b) "), as such rule may be amended from time to time by the FCC. (b) The Parties agree that Nextel will make the FCC assignment filings for the Replacement Frequencies on a future date to be determined by the Parties through mutual agreement in accordance with Section 5. The Incumbent reserves the right to make its own FCC filings for the Replacement Frequencies on such mutually agreed date, rather than relying on Nextel to do so, by so notifying Nextel in accordance with the Notice provision of this Agreement. 3 Reconfiguration Costs: (a) Acknowledgement of Obligations. (1) The Parties acknowledge Nextel's obligations under the Order to pay the minimum reasonable and prudent costs necessary to provide Incumbent a reconfigured system that is "comparable" for purposes of the Order to Incumbent's existing system; and (ii) Incumbent acknowledges that the cost estimate set forth in Schedule C (the "Cost Estimate ") and the equipment set forth on Schedule D, sets forth Incumbent's best estimate of the minimum reasonable and prudent costs for work and equipment required to reconfigure Incumbent's existing facilities to comparable facilities that will operate on the Replacement Frequencies. (b) Payment Terms. In order to facilitate the Incumbent's transition to the Replacement Frequencies, Nextel will pay the costs incurred to reconfigure Incumbent's system in an amount not to exceed the Cost Estimate. Nextel will make payments in accordance with the payment terms identified on Schedule C for both payments made directly to Incumbent and payments made on behalf of Incumbent directly to each third -party vendor identified on the Cost Estimate ( "Vendor "). In order for Nextel to make payments to a Vendor, Incumbent will fax to Nextel a bill of lading associated with each shipment of Schedule D Equipment signed by an authorized representative of Incumbent acknowledging receipt of the Schedule D Equipment in good working order. Page 2 of 56 Incumbent: City of Corpus Christi (TX) DL #8910427746 (i) Within thirty (30) days after completion of Incumbent's Reconfiguration and prior to the Reconciliation Date (as defined below), Incumbent will submit to Nextel documentation demonstrating the actual costs that Incumbent reasonably incurred or paid to other entities to reconfigure Incumbent's system ( "Actual Costs "). Documentation supportive of Incumbent's Actual Costs ( "Documentation ") may include but is not limited to the following: (A) dated invoices for Actual Costs that are associated with a category of work as identified on Schedule C; (B) dated receipts substantiating the Actual Costs including receipts for any travel expenses incurred by Incumbent such as hotel invoices, airfare receipts, etc.; (C) Incumbent's contemporaneous time logs, time sheets, or sign -in sheets specifying the name of the person or employee performing work for Incumbent, the date work was performed, the hours worked and a description of the activity performed; (D) inventory lists and certified statements of the numbers of tasks completed for reconfiguration; (E) the applicable Exhibit B internal labor certifications. Upon receipt by Nextel of the Documentation for all Actual Costs, and subject to the equipment reconciliation provisions of this Agreement, Nextel will issue a written reconciliation statement to Incumbent (the "Reconciliation Statement ") and Nextel and Incumbent will reconcile the Actual Costs against the payments made by Nextel to Incumbent and Vendor(s) and the Parties will agree upon the amount of any additional payments (subject to Section 8) due to Incumbent, Vendor(s) or any refunds due to Nextel. The effective date of agreement of reconciliation of Actual Costs; Nextel Replaced Equipment (as defined in Section 20); and receipt by Nextel of the Reconciliation Statement signed by Incumbent is the "Reconciliation Date." (ii) Any additional payments due to Incumbent from Nextel will be disbursed to Incumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do not result from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii) of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty (30) days of the Reconciliation Date. (iii) In the event Incumbent's Actual Costs exceed the Cost Estimate, Incumbent must submit a Change Notice pursuant to Section 8 of this Agreement describing the reason for the change in scope of work that resulted in Incumbent's Actual Costs exceeding the Cost Estimate. Approval of any Change Notice will not be automatic but will be processed in accordance with Section 8 of this Agreement. Additional payments due to Incumbent and Vendor(s) which result from any Change Notice prior to the Reconciliation Date or an excess of Actual Costs over the Cost Estimate, as agreed on the Reconciliation Date, will be disbursed to Incumbent and to Vendor(s) identified on Schedule C within thirty (30) days of execution by the Parties of the Amendment documenting the approved changes from such Change Notice. (iv) Prior to the Closing Date (as defined below), Nextel will pay on behalf of itself and Incumbent, both Parties' applicable sales and transfer taxes, if any, and all FCC fees in connection with the preparation and filing of the necessary FCC applications for the assignment(s) described in Section 2 of this Agreement. 4 Loaned Reconfiguration Eauipment: If needed in order to facilitate the Incumbent's transition to the Replacement Frequencies, Nextel will loan any equipment identified in Schedule D as "Loaned Reconfiguration Equipment" and will provide any equipment identified in 'Schedule D as "Nextel Replacement Equipment" The Loaned Reconfiguration Equipment and Nextel Replacement Equipment may be referred to collectively as the "Nextel Schedule 13 Equipment." Nextel will deliver any Nextel Schedule D Equipment in good working order to Incumbent. Incumbent shall deliver the Nextel Replaced Equipment to Nextel, at Nextel's costs, and pursuant to Nextel's instructions. Incumbent will fax to Nextel a bill of lading associated with each shipment to Incumbent of Nextel Schedule 13 Equipment signed by an authorized representative of Incumbent acknowledging receipt of the Nextel Schedule 13 Equipment in good working order. Any Loaned Reconfiguration Equipment will be returned in good working order to Nextel by Incumbent within 30 days of completion of Incumbent's Reconfiguration and in no event later than the Reconciliation Date. Page 3 of 56 Incumbent: City of Corpus Christi (TX) DL 118910427746 5 Retuning Cooperation: The Parties acknowledge that the number of frequencies and locations covered by this Agreement will require the Parties to cooperate closely in performing their respective reconfiguration activities. In addition, due to interoperability issues, Incumbent will need to synchronize the retune of its system with the retune of the Governments' systems. The Parties agree that: (i) as of the Effective Date, the Incumbent may begin the reconfiguration of its subscriber units, in accordance with the appropriate sections of Schedule C and Schedule D, (ii) Incumbent may commence such other activities associated with the reconfiguration of its system as further detailed on Schedule C as of the Effective Date; and (iii) Incumbent will synchronize the retune of Incumbent's system with the Government's systems and clear all users from the Governments' Frequencies pursuant to the Parties agreement on a schedule to make the FCC filings, clear the Replacement Frequencies and decommission the Incumbent Frequencies (the "Schedule "). Incumbent will be solely responsible for coordinating its retune with the Governments by making periodic contact with Governments to remain cognizant of its retune Schedule. Depending on the timing of the adoption of this Schedule, it may require the submission of a Change Notice in accordance with Section 8 and/or an Amendment to this Agreement, but in any event the Parties agree to adopt the Schedule no later than: (a) sixty (60) days from the Effective Date of this Agreement, or (b) pursuant to a Schedule agreed upon at a TA scheduled "Implementation Planning Session" that includes the Incumbent's system, provided the Implementation Planning Session has been scheduled by the TA prior to the expiration of 60 days from the Effective Date of this Agreement, or (c) such other date as the FCC may require. Notwithstanding the aforementioned, in the event the completion date in the Schedule for clearing the Replacement Frequencies and/or decommissioning the Incumbent Frequencies extends beyond the completion date for such task(s) in Incumbent's proposed implementation timetable (as submitted by Incumbent to the FCC in accordance with the Order), then the completion date(s) in the Schedule may be subject to FCC approval. 6 Representations and Warranties: Each Party represents and warrants to the other as follows: (i) it is duly organized, validly existing and in good standing under the laws of the state of its organization; (ii) this Agreement has been duly authorized and approved by all required organizational action of the Party; (iii) neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated by this Agreement will conflict with, or result in any material violation or default under, any term of its articles of incorporation, by -laws or other organizational documents or any agreement, mortgage, indenture, license, permit, lease, encumbrance or other instrument, judgment, decree, order, law or regulation by which it is bound; (iv) it is the lawful and exclusive FCC licensee of its respective license(s) described in this Agreement, such licenses are valid and in good standing with the FCC, and it has the authority to request the FCC to assign, modify or cancel such licenses; (v) there is no pending or threatened action or claim that would have the possible effect of enjoining or preventing the consummation of this Agreement or awarding a third party damages on account of this Agreement; and (vi) to the best of its knowledge, all information provided to the other Party concerning the transactions contemplated by this Agreement is true and complete. (vii) The City of Corpus Christi represents and warrants that it has lawfully entered into Letters of Agreement (attached as Exhibit D) with the County of Nueces, the County of San Patricio, and the City of Kingsville, each individually, authorizing the City of Corpus Christi to negotiate and execute this Agreement and to perform the obligations assigned to the Incumbent under this Agreement on behalf of the Licensees. Page 4 of 56 Incumbent: City of Corpus Christi (TX) DL 48910427746 (viii) The City of Corpus Christi attests to its authority to enter into this Agreement as an agent for the Governments in regard to the 800 MHz rebanding required under the Order. The City of Corpus Christi is authorized to sign and bind the Governments to this Agreement. (ix) All representations and warranties made in this Agreement shall survive the Closing Date (defined below) for two (2) years. 7 Covenants: From the Effective Date until the Closing Date (defined below), each Party will promptly notify the other Party of any pending or threatened action by the FCC or any other governmental entity or third party to suspend, revoke, terminate or challenge any license described in this Agreement or to investigate the construction, operation or loading of any system authorized under such licenses. From the Effective Date until the Closing Date, Incumbent will not enter into any agreement resulting in, or otherwise cause, the encumbrance of any license for the Incumbent Frequencies, and Nextel will not enter into any agreement resulting in, or otherwise cause, the encumbrance of any of the Replacement Frequencies. 8 Changes: The Parties acknowledge that as the Reconfiguration of Incumbent's facilities proceeds in accordance with the work contemplated by the Cost Estimate, the need for changes to the scope of such work may arise. The Parties agree that their review of any such needed changes must be performed expeditiously to keep the work on schedule and that they will provide sufficient staff to manage changes. If either Party believes that a change to the work contemplated by the Cost Estimate is required (including changes by Vendors), such Party will promptly notify the other Party in writing. Such written notice (the "Change Notice ") shall set forth (i) a reason for, and description of the scope, of the change to the work contemplated by the Cost Estimate believed to be necessary and 01) an estimate of any increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies. A Party receiving a Change Notice shall immediately perform its own analysis of the need for and scope of the change and its impact on the Cost Estimate and schedule and negotiate the change in good faith with the other Party. After the Parties have agreed upon a change to this Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 25 and submit to the Transition Administrator a copy of the proposed amendment together with a written request for its approval. Such request shall be accompanied by reasonable documentation supporting the need for and scope of the change and any proposed increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies. Incumbent is responsible for all unauthorized changes necessary as it relates to work performed by a Vendor on behalf of Incumbent. No change to the Cost Estimate, the work contemplated by the Cost Estimate or the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies shall become effective until the Transition Administrator has approved the change in writing and both Parties have signed an amendment incorporating such approved change into this Agreement pursuant to Section 25. 9 Closing: The closing of the transactions contemplated by this Agreement will take place after (i) FCC approval of the assignment of the Incumbent Frequencies to Nextel and/or deletion of the Incumbent Frequencies from the Incumbent Licenses, (ii) FCC approval of the modification to add the Replacement Frequencies to the Incumbent Licenses or the creation of a new license for Incumbent that includes the Replacement Frequencies, (iii) notification by Incumbent to Nextel that the Incumbent Licenses have been cleared of all Incumbent users pursuant to Sections 1 and 5 of this Agreement, (iv) delivery by Incumbent of all detailed and dated receipts, invoices and other documentation required to substantiate the Actual Costs and signing by Incumbent, and delivery to Nextel, of the Reconciliation Statement and other documents required to complete the Reconciliation similar to that identified on Exhibit 1 (v) FCC approval of the modification and/or cancellation of the FCC licenses Nextel holds for the operation of 800 MHz frequencies that are co- channels of the Replacement Frequencies to the extent required pursuant to Section 2 of this Agreement (vi) the refund to Nextel or payment to Incumbent as described in Section 3(b)(ii), (if applicable); (vii) the acceptance by Incumbent of the reconfigured system Page 5 of 56 Incumbent: City of Corpus Christi (TX) DL /18910427746 operating on the Replacement Frequencies as comparable to the Incumbent's pre- reconfiguration system for purposes of the Order, (viii) the payment of any costs by Nextel to Incumbent and its Vendors due hereunder or the payment of any refunds by Incumbent to Nextel due hereunder, and (ix) the satisfaction of all other conditions specified in this Agreement (the "Closing Date "). 10 Closing Conditions: Performance of each Party's Closing obligations is subject to satisfaction of the following conditions (except to the extent expressly waived in writing by the other Party): (a) the continued truth and accuracy of the other Party's representations and warranties set forth in this Agreement; (b) all of the covenants of the other Party described in this Agreement are performed in all material respects; (c) completion or occurrence of the tasks and events set forth in Section 9; (d) execution and delivery by the other Party of Closing documents as well as any other Closing instruments and documents either Party or its counsel may reasonably request. Incumbent will execute and deliver to Nextel a closing certification required by the Transition Administrator ( "Completion Certification "); and (e) The Parties will cooperate in good faith and exercise their reasonable best efforts to finalize and execute these instruments and documents on or prior to the Closing Date in order to effect the Reconfiguration contemplated. I 1 Review Rights: In order to enable the Transition Administrator to comply with its audit obligations under the Order, Incumbent agrees to maintain records and other supporting evidence related to the costs that Incumbent has expended in connection with the Reconfiguration contemplated by this Agreement and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent agrees to maintain such records and make them reasonably available to the Transition Administrator for review or reproduction until eighteen (18) months after the date of Incumbent's executed Completion Certification required by this Agreement. As used in this provision, "records" includes books, documents, accounting procedures and practices and other data regardless of type and regardless of whether such items are in written form, in the form of computer data or in any other form. If, in order to enable the Transition Administrator to comply with its audit obligations under the Order, the Transition Administrator initiates an audit of the costs that Incumbent has expended in connection with the Reconfiguration contemplated by this Agreement, Nextel will reimburse Incumbent for those costs incurred by Incumbent in satisfying its obligations under this Section I1 where Nextel is required to do so pursuant to the Order; provided, however, Incumbent shall submit to Nextel documentation (including without limitation detailed and dated invoices, receipts, and timesheets or equivalent documentation) demonstrating such costs. Nextel shall reimburse Incumbent for such costs within thirty (30) days after receiving and verifying such documentation. This Section will survive closing or termination of this Agreement. 12 Excluded Assets; No Assumption of Liabilities: Nothing in this Agreement should be construed as a transfer or assignment from either Party to the other Party of any assets (including FCC licenses) except as expressly set forth in this Agreement. Other than as expressly provided in this Agreement, neither Party is obligated to assign and transfer to the other any asset, tangible or intangible, nor is either Party entitled to assume any asset, tangible or intangible. Neither Party is assuming, nor is either Party responsible for, any liabilities or obligations of the other Party arising out of or in connection with the other Party's licenses (or related systems and facilities) that are the subject of this Agreement. 13 Confidentiality: To the extent not inconsistent with applicable state law, the terms of this Agreement, any confidential information disclosed in connection with this Agreement (whether before Page 6 of 56 Incumbent: City of Corpus Christi (TX) DL 48910427746 or after the Effective Date, including during any negotiations or any mediation related to such negotiations or the Agreement) and any proprietary, non - public information regarding the Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's business must be kept confidential by the Parties and their employees, shareholders, agents, attorneys and accountants (collectively, "Agents "), which confidentiality will survive the Closing or termination of this Agreement for a period of two (2) years. The Parties may make disclosures: (i) as required by law, (ii) to the Transition Administrator, (iii) to a manufacturer of Nextel Replacement Equipment to allow for the provisioning of that equipment to Incumbent (but only to the extent such disclosure specifically relates to that manufacturer's equipment as identified on Schedule D), and (iv) to a Vendor (but only to the extent such disclosure specifically relates to that Vendor's work and costs, as identified on Schedule C of this Agreement. as required to perform obligations under this Agreement, provided, however, that each Party will cause all of its Agents to honor the provisions of this Section. Nextel, Incumbent and their respective Agents may make disclosures regarding the terms of this Agreement to other public safety licensees and their Agents. Each party involved in such disclosures shall cause all of its Agents to confine the disclosure of the terms of this Agreement to only public safety licensees and will advise the party to whom the disclosure was made, to limit further disclosure to only public safety licensees in accordance with the FCC Order, WT Docket No. 02 -55, adopted January 8, 2007. 14 Cooperation: The Parties will cooperate with each other and the Transition Administrator with respect to the Reconfiguration work contemplated by this Agreement. Without limiting the foregoing obligations, the Parties agree to cooperate in the preparation of any applications required to be filed with the FCC, and Incumbent agrees to provide reasonable access to its facilities so that the Transition Administrator may comply with any audit obligations and so any Reconfiguration work contemplated by this Agreement may be performed in accordance with the Cost Estimate and performance schedule. If a Party is subject to a denial of FCC benefits for delinquent non -tax debts owed to the FCC that would prevent or delay the timely processing of any FCC applications, such Party shall cure such delinquency in an expeditious manner and at its sole expense. 15 Responsibility for Liabilities: Neither Party is assuming, nor is either Party responsible for, any liabilities or obligations of the other arising out of or in connection with this Agreement. Each Party, to the extent permitted by law, will be responsible for its own acts or omissions arising from or related to: (i) any breach of any covenant, agreement, representation or warranty of that Party contained in, or made pursuant to, this Agreement; and (ii) any and all liabilities (including successor liabilities) or obligations relating to periods prior to the Closing Date resulting from that Party's operation of the system operated pursuant to the Incumbent Licenses or the Nextel Licenses, as applicable, or the ownership or use of those licenses or from that Party's employment, or termination of employment, of its employees. In no event shall any Party be liable to the other Party for any lost profits, punitive, consequential, special, exemplary or other indirect or incidental damages, including but not limited to frustration of economic or business expectations, loss of profits, loss of capital, down time cost, even if advised of the possibility of such damages. 16 Disputes: The Parties agree that any dispute related to the Replacement Frequencies, Nextel's obligation to pay any cost of the Reconfiguration of Incumbent's system contemplated by this Agreement, or the comparability of Incumbent's reconfigured system to Incumbent's existing system prior to Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance with the dispute resolution provisions of the Order, as it may be amended from time to time. 17 No Gratuities: No gift, gratuity, credit, thing of value or compensation of any kind shall be offered or provided by Incumbent, directly or indirectly, to any officer, employee or official of Nextel for the purpose of improperly obtaining or rewarding favorable treatment under this Agreement. 18 Liens: If any liens or security interests attach to any of Incumbent's facilities in favor of any vendor or service provider that is performing any Reconfiguration work contemplated by this Page 7 of 56 Incumbent: City of Corpus Christi (TX) DL #8910427746 Agreement as a result of Nextel's breach of any obligation to make direct payment (not in dispute) to such vendor or services provider, Nextel upon receipt of Notice from Incumbent will cooperate to remove any Liens. 19 Vendor Performance Issues: Incumbent will select and contract directly with any vendor or service provider performing work required to reconfigure the Incumbent's existing facilities to operate on the Replacement Frequencies. Neither the Transition Administrator nor Nextel will be responsible for, or assume the risk of, any failure of that Vendor to perform its obligations under any contract entered into between Incumbent and such Vendor in connection with the Reconfiguration contemplated by this Agreement. 20 Nextel Replaced Equipment: (a)(1) If the reconfiguration of the Incumbent's existing facilities to operate on the Replacement Frequencies involves the replacement of any of Incumbent's existing equipment with equipment provided by Nextel (as identified on Schedule D) and/or equipment the cost of which is being paid by Nextel pursuant to this Agreement as listed on Schedule C (collectively this equipment is the "Nextel Replacement Equipment "), then (i) title to the equipment replaced by the Nextel Replacement Equipment (the "Nextel Replaced Equipment ") listed on Schedule D shall pass to Nextel at Closing free and clear of liens and any other encumbrances and (ii) Incumbent shall execute such documentation as Nextel may reasonably request to transfer title to Nextel and shall within thirty (30) days deliver the Nextel Replaced Equipment in working condition to Nextel at Nextel's costs and pursuant to Nextel's instructions. (2) Title to Nextel Replacement Equipment on Schedule D, provided by Nextel's Vendor, will pass directly to Incumbent upon its delivery by the Vendor at the Incumbent's facility; and for any Schedule D Nextel Replacement Equipment owned by Nextel, title shall pass to the Incumbent at Closing whereupon Nextel shall execute such documentation as Incumbent may reasonably request to transfer title to Incumbent free and clear of liens. Title to Schedule C Nextel Replacement Equipment, if any, provided by a Vendor, shall pass from the Vendor directly to the Incumbent. (3) The Incumbent represents and warrants that all Schedule C and Schedule D Replacement Equipment under the custody and control of the Incumbent, whether stored at the Incumbent's warehouse or other Incumbent controlled facility, shall be adequately insured by the Incumbent against theft, loss, destruction, and such other casualties as applicable. Incumbent further agrees that, as to Schedule C and Schedule D equipment, Nextel shall bear no risk of theft, loss, destruction, and other casualties upon the Incumbent's receipt of possession or control of the Schedule C and Schedule D Replacement Equipment. Should an insurance claim arise, Incumbent shall timely notify Nextel of any Schedule C and/or Schedule D Replacement Equipment insurance claim so that Incumbent and Nextel may make any necessary adjustments to the rebanding schedule contemplated under Section 5. Nextel's payment of the Incumbent's insurance policy premium is identified on Schedule C. (4) Incumbent will certify prior to reconciliation (in the form of Exhibit E) that, to the best of Incumbent's knowledge, the Nextel Replaced Equipment was in use, or was technically capable of being used, on the Incumbent's system immediately prior to the replacement of the equipment, and that Incumbent exercised reasonable care in removing, packing, and handling of the Nextel Replaced Equipment inclusive of presentation of the equipment to Nextel's carrier. If after receipt and examination of the Replaced Equipment by Nextel, Nextel reasonable believes that the Replaced Equipment was not in use or technically capable of being in use on the Incumbent's system at the time immediately prior to the replacement of the equipment (the "Rejected Equipment "), Nextel will provide written statement to the Incumbent that includes identification of the Rejected Equipment and the reason for the rejection. If the Incumbent disagree with Nextel's conclusion, the Parties will confer and seek to reach an accord. If the Parties are still in dispute, the Parties shall seek a resolution under Section 16 of the Agreement. Page 8 of 56 Incumbent: City of Corpus Christi (TX) DL 68910427746 (b) If Incumbent fails to retum any item of the Nextel Replaced Equipment to Nextel, or returns Nextel Replaced Equipment in such condition that the equipment was not capable of being in use, or was not technically capable of being used on the Incumbent's system at the time immediately prior to the replacement of the equipment, then Incumbent must return those items of the Replacement Equipment that would have replaced the Nextel Replaced Equipment not returned, in new condition within thirty (30) days of receipt of the Replacement Equipment. If Incumbent fails to return any item of the Nextel Replaced Equipment to Nextel under this Section 20(b) , or when there is Rejected Equipment as described in (a)(3) above, and a Product Typical Value is set forth in Schedule E for the item of Replacement Equipment then either: (i) Nextel will deduct the Product Typical Value (as set forth in Schedule E) for those items of Replacement Equipment provided to replace the Nextel Replaced Equipment not returned to Nextel, as well as for equipment identified as Rejected Equipment, (including tax (if any) and shipping) (the "Nextel Equipment Refund ") from the final payment due to Incumbent after the Reconciliation Date; (ii) Incumbent must pay Nextel the Nextel Equipment Refund within thirty (30) days of the Reconciliation Date (if no final payment is due to Incumbent; or (iii) Nextel will deduct the portion of the Nextel Equipment Refund up to the value of the final payment due to Incumbent and Incumbent must pay Nextel the remaining Nextel Equipment Refund not covered by the final payment within thirty (30) days of the Reconciliation Date (If the final payment due Incumbent is less than the Nextel Equipment Refund). (c) Nextel will not use, or allow others to use, the Incumbent's Replaced Equipment radios, (the "Radios ") and will ensure that the Radios are destroyed not later than 120 days after Closing. Not earlier than 90 days after Closing, Incumbent may send an inquiry email to Nextel's project manager for verification that the Radios returned to Nextel either have been destroyed or will be destroyed within the 120 day destruction period. The project manager will respond to the Incumbent, with a timely email, notifying the Incumbent of the status of the Radios. 21. Termination: This Agreement may be terminated and the transactions contemplated by this Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by either Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching Party following written notice of the breach or (iii) by Nextel in the event of any Adverse Decision by any govemmental entity of competent jurisdiction affecting the Order. For purposes of this Agreement, an "Adverse Decision" means an order, decree, opinion, report or any other form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in a stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel determines, in its sole discretion, to be adverse to its interests. In the event of termination, the Parties shall take all necessary action (including preparing and filing FCC documents) to retum the status quo ante on the date of this Agreement. In the event of termination, Nextel shall pay all costs associated with the return to the status quo ante as well as all of the costs of Reconfiguration identified in Schedule C of this Agreement and incurred by Incumbent and its Vendors up to the date of termination except if such termination was due to an uncured material breach by Incumbent. 22. Attorney's Fees: Each Party will bear its own costs in any legal proceedings brought by a Party to enforce its rights under this Agreement against the other Party. 23. Notices: All notices and other communications under this Agreement must be in writing and will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day if sent by ovemight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent by certified mail, retum receipt requested, postage prepaid. All notices are to be delivered to the Parties at the following addresses: Page 9 of 56 Incumbent: City of Corpus Christi (TX) DL #8910427746 If to Incumbent, to: If to Nextel, to: City of Corpus Christi Nextel of Texas, Inc. Notice c/o Nextel Communications, Inc. Don Nattinger Notice -Legal Radio Systems Coordinator 2001 Edmund Halley Drive Corpus Christi Police Department Reston, VA 20191 -3436 321 John Sartain Street Attn: Heather P. Brown, Esq. Corpus Christi, TX 78401 Phone: (703) 433 -4467 Fax: (703) 433 -4483 With a copy that shall not constitute Notice: With a copy that shall not constitute Notice: Matthew J. Plache, Esq. Sprint Nextel Corporation Catalano & Plache, PLLC Nextel Communications, Inc. 1054 31st Street, NW, Suite 425 6575 The Comers Parkway Washington, DC 20007 Norcross, GA 30092 Telephone: (202) 338 -3200 Attn: William M. Jenkins, VP Spectrum Resources Fax: (202) 338 -1700 Phone: (770) 326 -7484 Email: mipC2icatalanoplache.com Fax: (678) 405-8252 24. Assipnment: This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Either Party may assign this Agreement to any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party. 25. Amendments: This Agreement, including without limitation the scope of work contemplated hereby and the Estimated Cost thereof to be paid by Nextel, may be amended or modified only by a written instrument signed by authorized representatives of both Parties, provided, however, no amendment or modification to this Agreement shall become effective until approved by the Transition Administrator. 26. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights under this Agreement to any person or entity, other than (i) the successors and assigns of the Parties, and (ii) the Transition Administrator as specifically provided for in this Agreement. Page 10 of 56 Incumbent: City of Corpus Christi (TX) DL 118910427746 27. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s) will be deemed severable from the remainder of this Agreement, will in no way affect, impair or invalidate any other provision contained in the Agreement and the Parties will use their commercially reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules, constitutes the entire understanding and agreement between the Parties conceming the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. This Agreement is governed by the laws of the State of Texas without regard to conflicts of law principles thereof. This Agreement may be executed in one or more counterparts, including by facsimile, which will be effective as original agreements of the Parties executing the counterpart. In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding agreement between the Parties upon execution by the Parties. INCUMBENT: NEXTEL: City of Corpus Christi (TX) on behalf if itself and County of Nueces, the County of San Patricio, and the City of Kingsville Neste] of Texas, Inc. By: By: Name: Name: William Jenkins Title: Title: Vice President, Spectrum Resources Page 11 of 56 Incumbent: City of Corpus Christi (TX) DL 88910427746 7 DAILEY WELLS Tyco Electronics AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES dated 2008, (this "Agreement ") by and between City of Corpus Christi, Texas, a home rule municipality, whose principal place of business and mailing address is 1201 Leopard Street, Corpus Christi, Texas 78401, hereinafter called the "CITY ", and Dailey and Wells Communication, Inc., a Texas corporation whose principal place of business and mailing address is 3440 East Houston St. San Antonio, Texas 78219, hereinafter called the "CONTRACTOR ". RECITALS: WHEREAS, the CITY has entered into a Frequency Reconfiguration Agreement (the "FRA ") with Sprint Nextel Operations, Inc. ( "Sprint Nextel ") for the CITY'S 800 MHz Reconfiguration Project, hereinafter called the "PROJECT ", whereby Sprint Nextel has agreed to pay for the services under this Agreement; and WHEREAS, the CITY desires to engage the professional services of the CONTRACTOR for the CITY'S 800 MHz Reconfiguration PROJECT; WHEREAS, the FRA is attached hereto as Exhibit "A" and is made a part of this Agreement; and WHEREAS, the CONTRACTOR was selected pursuant to Section 252.022 (a) (7) of the Local Government Code, relating to sole source procurement; NOW, THEREFORE, the CITY and the CONTRACTOR, in consideration of the foregoing and of the mutual promises contained herein, and intending to be legally bound, hereby mutually agree as follows: SECTION 1. SCOPE OF SERVICES: The CONTRACTOR shall perform and complete in a satisfactory and professional manner all of the services required for the PROJECT in accordance with this Agreement and the tasks described in the 800 MHz Reconfiguration - Statement of Work ( "Reconfiguration SOW ") as set forth in Exhibit `B ". The Reconfiguration SOW may, if mutually agreed by the parties, be subject to renegotiation if and to the extent all of the Work contemplated in the Reconfiguration SOW is not funded in full by Sprint Nextel. The CONTRACTOR shall furnish all services, labor, goods, Page 1 of 14 materials, supplies, equipment and other incidentals reasonably necessary for the successful completion of the PROJECT and work contemplated in the Reconfiguration SOW. The CONTRACTOR agrees to provide the services in accordance with the deadlines established by the FCC. SECTION 2. AGREEMENT PRICE: The CONTRACTOR shall furnish all the services as described in Exhibit `B" at the cost estimate currently shown in schedule C of the FRA as approved by Sprint Nextel and the Transition Administrator ( "TA "), which is $2,516,463. The CONTRACTOR agrees to submit a change order for actual costs that exceed the value of the approved Cost Estimates in Schedule C of the Reconfiguration SOW. SECTION 3. COMPENSATION: The CON 1 RACTOR shall receive all compensations (all fees as well as all reimbursed costs) due under this Agreement directly and solely from Sprint Nextel on the CITY'S behalf, and shall not hold the CITY, or any of its employees or agents liable or responsible for any costs incurred by the CONTRACTOR for Services rendered in the performance of tasks associated with the PROJECT under this Agreement. The CONTRACTOR agrees to furnish the CITY a detailed invoice, setting out the portion of the Agreement Price allocable to the Services actually performed by the CONTRACTOR to accomplish each of the milestones as described in the Reconfiguration SOW. To avoid delays in payment, the CONTRACTOR will also furnish the CITY with a request for approval and acknowledgment that the services covered by the invoice were performed and/or that any contractual milestone covered by the invoice has been achieved in the form attached to this Agreement as Exhibit "C ", hereafter called the "Acknowledgment Form ". Within three (3) business days from the receipt of the CONTRACTOR'S Invoice and Acknowledgment Form, the CITY shall obtain all required signatures authorizing payment by Sprint Nextel to compensate the CONTRACTOR for performing the Services set forth in Section 1 herein. All payments to the CONTRACTOR for the services performed under this Agreement shall be payable in milestone payments over the term of the Agreement through the completion of the PROJECT. All payments to the CONTRACTOR shall be due within thirty (30) days of the CITY'S receipt and approval of the CONTRACTOR'S invoice. In the event work under this Project is performed by anyone else other than the CONTRACTOR or its approved subcontractors, the CITY shall not hold the CONTRACTOR liable for any costs incurred for the completion of this Project. SECTION 4. TIME OF PERFORMANCE: Page 2 of 14 Services of the CONTRACTOR shall be completed in accordance with the project schedule ( "Project Schedule ") attached as Exhibit "D ". The CITY agrees that the CONTRACTOR will not be liable for any unexpected delays during the completion of the Project. SECTION 5. INDEPENDENT CONTRACTOR: Neither the CONTRACTOR nor its employees are considered to be employees of the CITY for any purpose whatsoever. The CONTRACTOR is considered as an independent contractor at all times in the performance of the Services described in Section 1 herein. The CONTRACTOR has no power or authority to act for, represent, or bind the CITY in any manner. SECTION 6. PERSONNEL: The CONTRACTOR represents that it has, or will secure at its own expense, all personnel required in performing all of the Services required under this Agreement. Such personnel shall not be employees of the CITY. The CONTRACTOR may subcontract any portion of work to be performed by the CONTRACTOR hereunder provided that the CONTRACTOR shall be responsible for the performance and work of any such subcontractors. SECTION 7. REPRESENTATIVES: The CONTRACTOR shall appoint a project manager who shall supervise performance of the services under this Agreement and who shall be authorized to act on behalf of the CONTRACTOR. The CONTRACTOR shall notify the CITY in writing of the identity of its project manager. The CITY shall appoint a project manager to act as CITY'S primary interface with the CONTRACTOR and who shall be authorized to act on behalf of the CITY. The CITY Manager shall notify the CONTRACTOR in writing of the identity of its project manager. SECTION 8. ACCESS TO WORK SITES: The CITY shall provide ready access to all sites owned, leased or otherwise controlled by the CITY as reasonably requested by the CONTRACTOR to perform its obligations described in the Reconfiguration SOW. SECTION 9. INDEMNIFICATION: A. THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, AND AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH AND PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR ACTS OF THE CONTRACTOR, ITS EMPLOYEES, OFFICERS, Page 3of14 SUBCONTRACTORS AND AGENTS IN CONNECTION WITH THIS PROJECT OR UNDER THIS AGREEMENT BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY THE INTENTIONAL OR WILLFUL MISCONDUCT OR NEGLIGENT ACTS OR OMISSIONS OF THE CONTRACTOR, ITS EMPLOYEES, OFFICERS SUBCON 1 RACTORS, OR AGENTS OF THE CONTRACTOR OR FOR ANY PERSON FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, OR THE FAILURE OF ANY OF THEM TO OBSERVE ANY LAWS OR THE FAILURE OF ANY OF THEM TO COMPLY WITH THE CONTRACTOR'S OBLIGATIONS UNDER THIS AGREEMENT. 13. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of insurance coverage, if any, provided by the CONTRACTOR. C. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE INDEMNITIES EXPRESSED IN THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF THE FAULT, NEGLIGENCE (IN WHOLE OR PART), STRICT LIABILITY, OR BREACH OF CONTRACT OF THE PARTY WHO IS INDEMNIFIED BY SUCH PROVISIONS. SUCH PROVISIONS SHALL CONTINUE IN FORCE AND EFFECT NOTWITHSTANDING THE COMPLETION, TERMINATION, OR SUSPENSION OF THE WORK UNDER THIS AGREEMENT. SECTION 10. INSURANCE: The CONTRACTOR shall provide and maintain, during the term of this Agreement and any extensions thereof, insurance coverage written an occurrence basis, by insurers authorized to do business in the state(s) in which work covering all Services under this Agreement is to be performed by the CONTRACTOR and that may be required under the laws, ordinances or regulations of any governmental authority, in the types and amounts as set forth in the Certificate of Insurance attached as Exhibit "E ". The CONTRACTOR shall either include all Subcontractors, if any, under the policies specified in Exhibit "E ", or shall require each Subcontractor to provide and maintain, during the term of this Agreement, the insurance coverages specified in the Certificate of Insurance, with any limits of liability determined appropriate by the CONTRACTOR and CITY. Upon execution of the Agreement, the CONTRACTOR will provide and maintain current insurance certificate(s), attached as Exhibit "E ", executed by an authorized representative of CONTRACTOR'S insurer. Upon the CITY'S request, the CONTRACTOR and SUBCONTRACTOR shall also furnish the CITY such evidence of the CONTRACTOR and SUBCONTRACTOR's policies, coverages, and limits. The CONTRACTOR and Subcontractor policy shall provide a minimum of thirty (30) days written notice by the insurer to the CITY prior to the cancellation, nonrenewal, or material change of any insurance referred to herein, except for non - payment of premium. Page 4 of 14 The CONTRACTOR and SUBCONTRACTOR shall comply with insurance requirements attached as separate Exhibit. SECTION 11. CHANGES: CHANGE ORDERS. A change order may be requested by either the CITY Manager or the CONTRACTOR for any additions, deletions or revisions in the Services performed for the PROJECT under this Agreement. All changes to this Agreement will be authorized by Change Orders, in the form attached to this Agreement as Exhibit "F ". Changes shall have no force and effect until all required signatures are obtained on the Change Order. Upon final execution, each Change Order shall be incorporated into this Agreement and the Services of each Change Order shall be executed under the applicable terms and conditions of this Agreement. Except for changes approved by Change Order, the CONTRACTOR and SUBCONTRACTOR hereby waives any claim of additional Compensation or any extension required under this Agreement. SECTION 12. WARRANTIES: CONTRACTOR expressly warrants that it will perform all work and services under this Agreement in a professional, good, and workmanlike manner. NO IMPLIED OR STATUTORY WARRANTY OF EITHER MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY TO ANY GOODS OR SERVICES PROVIDED TO THE COUNTY BY ANYONE OTHER THAN THE CONTRACTOR, ITS AGENTS, EMPLOYEES, AND SUBCONTRACTORS. SECTION 13. LIMITATION OF LIABILITY. A. IN NO . EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR INFRINGEMENT), STRICT LIABILITY OR OTHERWISE, SHALL CONTRACTOR, OR ITS SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE HARDWARE OR ANY OTHER EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR DOWNTIME COSTS. B. Any cause of action arising by reason of or in connection with, or in any way related to this Agreement shall be commenced within periods allowed under state law. C. Because of the unique nature of the business, whereas the CONTRACTOR deals with public safety entities on a 24/7 basis, the CITY agrees that there will likely be unexpected delays and possible communication problems during the term of this Project and that the CONTRACTOR shall not be liable for any delays caused by reasons beyond control of Contractor. Page 5 of 14 D. In no event shall the CITY be entitled to any Liquidated Damages, from the CONTRACTOR. E. The provisions of this Section, LIMITATION OF LIABILITY, shall apply notwithstanding any other provisions of this Agreement or any other agreement. F. The provisions of this Section, LIMITATION OF LIABILITY, shall survive the expiration or termination of this Agreement. SECTION 14. TERMINATION: A. FOR CAUSE. i. In the event of a material breach of this Agreement by the CONTRACTOR which shall continue for thirty (30) or more days, then the CITY shall notify the CONTRACTOR of such breach (including a reasonably detailed statement of the nature of such breach), in writing. The CITY shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise limited under the terms of this Agreement) which shall include, at the CITY'S option, either: (1) to give the CONTRACTOR a reasonable time to cure the breach; or (2) to terminate CONTRACTOR'S right to perform all or any part of the work under this Agreement, by its written Notice of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination, issued after conferring with the CONTRACTOR. In such event, the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. ii. In the event of a material breach of this Agreement by the CITY, including but not limited to its duty to timely approve and acknowledge the CONTRACTOR'S invoice or if Sprint Nextel fails to make timely payments to the CONTRACTOR on behalf of the CITY, then without prejudice to any other rights or remedies available under the Agreement, or at law or in equity, the CONTRACTOR may either: (1) suspend performance of all or any part of its obligations under this Agreement, or (2) terminate this Agreement immediately by written notice to CITY and specifying the effective date thereof at least five (5) days. B. INSOLVENCY OF THE CITY. If in any proceeding the CITY is adjudicated as bankrupt, insolvent, subject to receivership, or if the CITY files a petition seeking to take advantage of any Law relating to bankruptcy, insolvency, reorganization, winding up, or composition or readjustment of debts, then, without prejudice to any other rights or remedies available under the Agreement, or at law or in equity, the CONTRACTOR may either: (1) suspend performance of all or any part of its obligations under this Agreement; or (2) terminate this Agreement by written notice to CITY. C. FOR CONVENIENCE. The CITY and CONTRACTOR may terminate this Agreement for convenience in whole or in part at any time, without cause, by giving at least thirty (30) days Page 6 of 14 notice, in writing, to the respective party. Upon termination pursuant hereto, CONTRACTOR shall account for and properly present to the CITY all claims for amounts due, charges, costs, fees and expenses and the CITY shall authorize Sprint Nextel to pay the CONTRACTOR all amounts due under this Agreement which are undisputed, less payments of compensation previously made. If this Agreement is terminated due to the fault of the CON F RACTOR, the preceding Section herein shall apply. D. CONTRACTOR'S RIGHTS. In the event the CITY elects to terminate CONTRACTOR'S right to perform for cause or convenience, then the CONTRACTOR may request from the CITY any or all of the following work product of the CONTRACTOR pertaining to matters covered by this Agreement: a. records; b. reports; c. data and information; d. photos; e. surveys; or f. any other materials published under this Agreement. However, CITY shall be entitled to keep copy of such work product for City' use in completing the radio reconfiguration and radio frequency rebanding project described herein.. SECTION 15. COMPLIANCE: The CONTRACTOR agrees to comply with all federal, state and local laws, ordinances, codes, rules, regulations, licensing and registration requirements in effect as of the Effective Date of this Agreement that may in any way affect the performance of the Services by the CONTRACTOR hereunder. SECTION 16. NOTICES: Notices and other communications between the parties shall be transmitted by e -mail, facsimile, or in writing to the parties at the addresses set forth below and shall be deemed effective upon receipt by the receiving party. Either party may change its address by giving notice in writing thereof to the other party. IF TO CITY: City of Corpus Christi Attn: City Attorney P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax Number (361) 880 -3239 Page 7 of 14 IF TO CONTRACTOR: Jack Chamberlin Vice President Dailey & Wells Communications, Inc. 3170A Ualena Street. Honolulu, Hawaii 96819 (808) 371 -8460 E -Mail: Jack chamberlin @yahoo.com Fax Number: (808) 834 -8710 SECTION 17. ENTIRE AGREEMENT: This Agreement together with all Exhibits and Statement of Work, which is incorporated herein by reference, constitute the entire understanding and agreement of the parties concerning the subject matter hereof and supersedes any and all other agreements or understandings, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. SECTION 18. SEVERABILITY: The invalidity, in whole or in part, of any Section or part of any Section of this Agreement shall not affect the validity of the remainder of such Section or the Agreement. SECTION 19. WAIVER: No term of this Agreement may be waived except in a writing signed by the party waiving enforcement. No term of this Agreement shall be deemed to be waived by reason of any failure to previously enforce such term. SECTION 20. TITLES OF PROVISIONS: The titles given to the sections or subsections of this Agreement are for ease of reference only and shall not be used in the construction or interpretation of this Agreement, or relied upon or cited for any other purpose. SECTION 21. GOVERNING LAWIVENUE: The validity, performance and all matters relating to the interpretation and effect of this Agreement and any amendment thereto shall be governed by the laws of The State of Texas. THE PARTIES EACH AGREE THAT ANY DISPUTE ARISING UNDER OR RELATING TO THIS CONTRACT, WHETHER FOR BREACH OR ENFORCEMENT OF Page 8 of 14 CONTRACT, TORT OR OTHERWISE AND ANY LEGAL ACTION COMMENCED BY OR AGAINST EITHER PARTY SHALL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION PRESIDING IN NUECES COUNTY, TEXAS. SECTION 22. CONFIDENTIALITY. To the extent not inconsistent with applicable state law, the terms of the Frequency Reconfiguration Agreement ( "Agreement ") between the City of Corpus Christi and Nextel of Texas, Inc., any confidential information disclosed in connection with that Agreement whether before of after the effective date of that Agreement, including during any negotiations or any mediation related to such negotiations or the Agreement, and any proprietary, non - public information regarding the incumbent frequencies, replacement frequencies, Nextel's business and City's business must be kept confidential by the CONTRACTOR and its employees, shareholders, agents, attorneys and accounts (collectively CONTRACTOR'S Agents) which confidentiality shall survive the termination of the Agreement for a period of two (2) years. The CONTRACTOR may make disclosures: (i) as required by law, (ii) to the Transition Administrator, (iii) to a manufacturer of Nextel replacement equipment to allow for the provisioning of that equipment included in the Agreement. CON TRACTOR shall require CONTRACTOR's Agents to comply with this provision. SECTION 23. ASSIGNMENT; SUCCESSORS AND ASSIGNS: This Agreement may not be assigned by either CITY or the CONTRACTOR without the prior written consent of the other party whose consent shall not be unreasonably withheld. The terms and provision of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. SECTION 24. AUTHORITY TO EXECUTE AGREEMENT Each party hereby expressly represents and warrants that they are authorized to execute this document, that this Agreement has been read by each of them, and that they fully understand and agree to the terms, provisions and conditions of this Agreement. The CONTRACTOR further represents and warrants that the corporate representative designated to execute this document on the CONTRACTOR'S behalf has full and complete authority to bind the CONTRACTOR, and that he is vested through the corporate Bylaws to enter into this Agreement and to perform its duties under this Agreement. IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement by their duly authorized officers or agents. EXECUTED THIS day of , 20 . Page 9 of 14 CITY: The City of Corpus Christi, Texas Approved By: Date: CONTRACTOR: Dailey & Wells Communications, Inc. Approved Richard Wells, President Date: 10 NOV 08 Federal Taxpayer Identification Number 74- 1873279 Page 10 of 14 EXHIBIT LIST Exhibit A- Frequency Reconfiguration Agreement Exhibit B - Statement of Work Exhibit C - Acknowledgment Form Exhibit D - Project Schedule Exhibit E- Certificate of Insurance Exhibit F- Change Order Form Page 11 of 14 EXHIBIT INSURANCE REQUIREMENTS I. DAILEY WELLS'S LIABILITY INSURANCE A. Dailey Wells must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Dailey Wells must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Dailey Wells must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, material change, non - renewal is required on all certificates Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors $1,000,000 Combined Single Limit Business Auto Liability — owned, non -owned or rented to include $1,000,000 Combined single Limit Professional Liability to include: Errors and Omissions $1,000,000 Worker's Compensation Employers' Liability Which Complies with the Texas Workers' Compensation Act and Section I1 of this Exhibit $500,000/ $500,000 / $500,000 Inland Marine Bailees Processor Coverage $2,000,000 Property Insurance Dailey Wells will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. C. In the event of accidents of any kind, Dailey Wells must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 12of14 II. ADDITIONAL REQUIREMENTS A. Dailey Wells must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Dailey Wells's financial integrity is of interest to the City; therefore, subject to Dailey Wells's right to maintain reasonable deductibles in such amounts as are approved by the City, Dailey Wells shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Dailey Wells's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Dailey Wells shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Dailey Wells shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn. Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Dailey Wells agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; Page 13of14 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Dailey Wells shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Dailey Wells's performance should there be a Lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Dailey Wells's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Dailey Wells to stop work hereunder, and/or withhold any payment(s) which become due to Dailey Wells hereunder until Dailey Wells demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Dailey Wells may be held responsible for payments of damages to persons or property resulting from Dailey Wells's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Dailey Wells's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2008 Dailey Wells - Nezlel Re- banding project ins. req. 10 -22 -08 ep Risk Mgmt Page 14 of 14 INCUMBENT ACKNOWLEDGEMENT Incumbent Name: Date: Deal Number (to be provided by Sprint Nextel): Vendor Name (as listed on Schedule C of FRA): Vendor Invoice Number(s): Incumbent Contact Person: Incumbent Contact Address: Contact Person Phone Number: Contact Person Fax Number: Type of Good /Services Delivered (Quantity and Price as identified on Schedule C of the FRA or PFA) Date of Acceptance of Good /Service by Incumbent Cost TOTAL I, ( "Incumbent ") acknowledge that all goods /services identified on the Invoice number referenced above and attached to this acknowledgement have been received /performed. BY: Name: Title: PLEASE RETURN TO SPRINT NEXTEL ONLY VIA FAX: (866)- 221 -6990 Be T� ACORD„ CERTIFICATE OF LIABILITY PRODUCER (210)522 -1571 FAX: (210)822 -6027 Luhn- McCain Insurance Agency 332 W. Sunset Road, Suite 3 San Antonio TX 78209 INSURED Dailey & Wells Communications, Inc. 3440 E. Houston INSURANCE DATE IMMIDDWYYY) 10/28/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING-COVERAGE NAIC p San Antonio TX 78219 INSURER A: Continental Casualty Co. 20443C INSURER B: Valley Forge Co. 20508C wsuRERC:National Fire Ins. of 20978 INSURER Di Continental Casualty Co. 20443C INSURER E THE POL CIES OF INSURANCE LISTED. BELOW REQUIREMENT, TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY THE POLICIES AGGREGATE 1 IMITS.SHOWN MAY HAVE BEEN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY. PERTAIN, DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. REDUCED BY PAID CLAIMS. INSR LTR A00'1 BISRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE IMMIDDM/) POLICY EXPIRATION DATE IMMAID/YY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY IMAIMS MADE X OCCUR TCP1023369311 11/1/2008 11/1/2009 EACH OCCURRENCE S 1,000,000 DAMAGE TO REN ED PR MIR Ar - amarenc 1 S 100,000 MEDEXP(Any onepwsen) $ 5,000 GERI —1 PERSONAL AADV.INJURY E 1,000,000 GENERAL $ 2,000,000 AGGREGATE LIIMIITA(PP�LJES PER: POLICY I h I 5a 1 I. LOC PRODUCTS- COMP,OPAGG $ 2,000.000 B AUTOMOBILE X LIABILITY ANYAI)TO ALL°MEPAUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNEO AUTOS BUA1023369325' 11/1/2008 11/1/2009 COMBINED SINGLE LIMIT (Ea Boydenlj 1 1,000..000 BODILY INJURY' (Parpersan) S X X BODILY INJURY /Perecctidm0 S PROPERTY DAMAGE (Paraaideni) S GARAGE UABILRY R ANY AUTO. AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY. AGO E C EXCESSNMBRELLALIABILITY X OCCUR CLAIMS MADE: DEDUCTIBLE RETENTION 1.30;000 CUP2075536980 11/1/2008 11/1/2009 EACH OCCURRENCE $ 10,000,.000 AGGREGATE $ 10, 000, 000 S S - 5 B MAP ANYPROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER Eyes. SPECIAL DYERS' --u alive ON AND EXCLUDED? describe under PROVISIONS below WC1063078010 11/1/2008. 11/1/2009 WWCC TUT X ITORYL MRSI IDFR E.L. EACH ACCIDENT S 500,000 ELDISEASE J EAEMPLOYEES 500,000 S 500,000 8.1. DISEASE - P0110? LIMIT D -OTHER Professional Liabili ty PL287287969 9/14/2008 9/14/2009 Each Clain Aggregate $3,000,000 $3,.000,000 DESCRIPTION OP OPERATIONS(LOCATIONSNENICLES (EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS City of Corpus Christi is named as additional insured on all policies except Workers Compensation & Professional Liability & granted a waiver of subrogation on all policies except Professional Liability. ,KATE HOLDER CANCELLATION City of Corpus Christi Attn: .Lisa Aguilar 1201 . Leopard Corpus Christi, TX 78401 ACORD 25(2001/08) MC09R,n.nrn Ex E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED. TO THE LEFT, BUT FAILURE 700080 SHALL IMPOSE NO OBLIGATION ORIJABIUTY OF ANY 'KIND :UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEOREPRESENTATIVE Marietta: McCain /AH ® ACORD CORPORATION 1988 8001111 Transition Administrator The Official Reconfiguration Manager Incumbent Licensee Name: Deal ID Number: Date of Change Notice: FCC 800 MHz Band Reconfiguration Change Notice Form Form #: TA —15.1 Change Notice Form Cost Estimate Changes: Answer the following (required): 1. Provide a description of the scope of the change to the work contemplated by the TA- approved Cost Estimate included in your Planning Funding Agreement (PFA) or Frequency Reconfiguration Agreement (FRA) that you believe to be necessary. 2. Explain the need for the change. 3. Complete and attach Appendix A (PFA) or B (FRA), as appropriate, to estimate any increase or decrease in the Cost Estimate. 4. Impact of Change on Timeline: Estimate any increase or decrease in the time required to complete the planning or reconfiguration activities contemplated in your PFA or FRA that is due to the change. Note: Although neither your PFA or FRA mandates the form in which your Change Notice should be submitted, the TA recommends the use of this form. Please attach additional pages if necessary. rE F 800" Transition Administrator The Official Reconfiguration Manager FCC 800 MHz Band Reconfiguration Change Notice Appendix B — FRA Page 1 of 1 Change Notice Appendix B (Frequency Reconfiguration Agreement) Incumbent Licensee Name: Deal ID Number: Date of Change Notice: Revised Cost Estimate: Description of Work Performed (Expense Category) Payee* TOTAL Costs) ** in TA- approved FRA Cost Estimate Increase /(Decrease) in Cost(s) due to Change Revised TOTAL Cost(s) Subscriber Equipment Reconfiguration a. Subscriber Equipment Reconfiguration b. Project Management c. Travel Costs $ $ $ Infrastructure Equipment Reconfiguration a. Central Site Infrastructure b. Repeater Site Infrastructure c. Miscellaneous Components d. Project Management e. Travel Costs Engineering and Verification a. Planning Costs, If Required 1. Frequency Analysis 2. System Inventory 3. Implementation Plan b. System Verification Contracts and Legal a. Legal Fees to Negotiate FRA b. FCC Licensing Work c. Other Legal Fees Other Costs a. Other Project Management b. Taxes Total Costs * Separately identify Incumbent and each Vendor being paid for work performed ** Costs = Internal Labor Costs + Vendor Costs + Expenses Note: Although your FRA does not mandate the form in which your Change Notice should be submitted, the TA recommends the use of this form. 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/18/2008 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a pedestrian safe area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two way vehicular traffic on the Gulf beach between the northern end of the seawall and Padre Balli Park; establishing a pedestrian safe area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations to show the approximate location of bollards to be installed on the beach. ISSUE: Establish pedestrian safe areas seaward of the Padre Island concrete seawall and between the seawall and the south Packery Channel jetty, install bollards to separate vehicles the pedestrians, and eliminate one way traffic pattern between north end of concrete seawall and Padre Balli Park. Establishment of the pedestrian safe areas was authorized by opt ordinance to REQUIRED COUNCIL ACTION: Adopt proposed ordinance. PREVIOUS COUNCIL ACTION: 08/19/2008, adopted Ordinance 027813, which place Proposition 8, Seawall Beach Access and Safety, on the 11/04/2008 ballot. 09/09/2008 adopted Resolution 027851, which set out Council's plan for installation of bollards seaward of the seawall. 10/21/2008 adopted Resolution 027913, which expanded upon the plan for installation of bollards seaward of the seawall and between the seawall and the south Packery Channel jetty. CONCLUSION AND RECOMMENDATION: Adoption of the proposed ordinance will implement Proposition 8, adopted by voters on November 4, 2008, which authorized the establishment of pedestrian safe areas on the beach seaward of the seawall and restrictions on vehicle traffic where the width of the beach between the seawall and water is less than 150 feet. / R. Escobar Interim City Manager Attachments BACKGROUND INFORMATION The Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local governments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed. The Padre Island seawall is 4216.5 feet long, and the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach. The City has constructed a parking lot that will accommodate 310 cars. The parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic. Ingress and egress access to the beach is provided for vehicles at each end of the seawall. Access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk. It has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall. Policy Statement II.B.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28, 1995, an element of the City's Comprehensive Plan, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall.to vehicular traffic for safety purpose;" Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed," once a 300 space parking lot is available on the existing city land located adjacent to the seawall. The 74th Texas Legislature recognized this plan when in 1995 it adopted §61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall. The 2.9 acres of land owned by the City, on which a parking lot has been constructed, satisfies that obligation. The closing of portions of the public beach seaward of the concrete segment of the Padre Island seawall when there is less than 150 feet of sand between the toe of the seawall and water will provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach. The public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall. With the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statements B.33, and C.13, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern. In 2006, the City's Charter was amended as a result of an initiative and referendum that limited the City Council's authority to restrict vehicular access to and on the Gulf beach unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose. Article X, Section 4 of the City's Charter, as amended in 2006, allows the City Council to vehicular access to areas of the Gulf beach for public necessity. A public necessity is limited to environmental emergencies, public health and safety emergencies, and government functions whose importance justifies the restriction of vehicular access. Any restrictions on vehicular access for public necessity must be limited to the smallest possible area and for the shortest possible duration. The extremely narrow beach between portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk. There is public necessity to restrict vehicular access to those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water. The restrictions of vehicular access to this small area of the Gulf beach are expected to be of limited duration due to planned renourishment of the beach at the southern end of the seawall. The City Council put the issue of closing those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water to a vote of the citizens of Corpus Christi on Tuesday, November 4, 2008, when it adopted Ordinance 027813. On Tuesday, November 4, 2008, a majority of the voters approved Proposition 8, entitled "Seawall Beach Access & Safety," by voting for the measure, which read: "RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE PADRE ISLAND SEAWALL WHEN THE WIDTH OF THE BEACH BETWEEN THE TOE OF THE SEAWALL AND WATER IS LESS THAN 150 FEET." Section 7 of Ordinance 027813 stated the effect of Proposition 8 as: "If this ballot measure is adopted, and is approved by the General Land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on that portion of the beach when the width of the beach between the toe of the seawall and water is less than 150 feet. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach." On September 9 and October 21, 2008, the City Council adopted two resolutions to inform the citizens of the City of the locations where bollards would be installed to separate the pedestrian safe areas from the portions of the beach on which vehicle would be allowed to transit and park in front of the concrete seawall and between the northern end to the concrete seawall and the Packery Channel south jetty. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, TO RESTRICT VEHICULAR TRAFFIC ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE SEGMENT OF THE PADRE ISLAND SEAWALL AND ESTABLISHING A PEDESTRIAN SAFE AREA WHEN THE DISTANCE BETWEEN THE TOE OF THE SEAWALL TO THE WATER IS LESS THAN 150 FEET IN WIDTH, AND ALLOWING TWO WAY VEHICULAR TRAFFIC ON THE GULF BEACH BETWEEN THE NORTHERN END OF THE SEAWALL AND PADRE BALLI PARK; ESTABLISHING A PEDESTRIAN SAFE AREA BETWEEN THE NORTHERN END OF THE CONCRETE SEAWALL AND THE PACKERY CHANNEL JETTY; COMMITTING THE CITY COUNCIL TO UNDERTAKE EFFORTS TO RESTORE AND MAINTAIN THE BEACH IN FRONT OF THE SEAWALL TO A MINIMUM WIDTH OF 200 FEET; ADDING AN APPENDIX TO THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS TO SHOW THE APPROXIMATE LOCATION OF BOLLARDS TO BE INSTALLED ON THE BEACH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local governments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed; WHEREAS, the Padre Island seawall is 4216.5 feet long; WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach; WHEREAS, the City has constructed a parking lot that will accommodate 310 cars; WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic; WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall; WHEREAS, ingress and egress access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk; 150' Seawall Beach Closure Ordinance — 11102008.doc 2 WHEREAS, signs will be conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and access points; WHEREAS, it has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall; WHEREAS, Policy Statement II.B.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28, 1995, an element of the City's Comprehensive Plan, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purpose;" WHEREAS, Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed," once a 300 space parking lot is available on the existing city land located adjacent to the seawall; WHEREAS, the 7411 Texas Legislature recognized this plan when in 1995 it adopted §61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall; WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot has been constructed, satisfies that obligation; WHEREAS, the closing of portions of the public beach seaward of the concrete segment of the Padre Island seawall when there is less than 150 feet of sand between the toe of the seawall and water will provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach; WHEREAS, the public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall; WHEREAS, with the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statements B.33, and C.13, MUSTANG - PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern; WHEREAS, in 2006, the City's Charter was amended as a result of an initiative and referendum that limited the City Council's authority to restrict vehicular access to and on the Gulf beach unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose; 150' SEAWALL BEACH CLOSURE ORDINANCE - 11102008.DOC 3 WHEREAS, Article X, Section 4 of the City's Charter, as amended in 2006, allows the City Council to vehicular access to areas of the Gulf beach for public necessity; WHEREAS, a public necessity is limited to environmental emergencies, public health and safety emergencies, and government functions whose importance justifies the restriction of vehicular access; WHEREAS, restrictions on vehicular access for public necessity must be limited to the smallest possible area and for the shortest possible duration; WHEREAS, the extremely narrow beach between portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk; WHEREAS, there is public necessity to restrict vehicular access to those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water; WHEREAS, the restrictions of vehicular access to this small area of the Gulf beach are expected to be of limited duration due to planned renourishment of the beach at the southern end of the seawall; WHEREAS, the City Council put the issue of closing those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water to a vote of the citizens of Corpus Christi on Tuesday, November 4, 2008, when it adopted Ordinance 027813; WHEREAS, on Tuesday, November 4, 2008, a majority of the voters approved Proposition 8, entitled "SEAWALL BEACH ACCESS & SAFETY," by voting for the measure, which read: "RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE PADRE ISLAND SEAWALL WHEN THE WIDTH OF THE BEACH BETWEEN THE TOE OF THE SEAWALL AND WATER IS LESS THAN 150 FEET," WHEREAS, Section 7 of Ordinance 027813 stated the effect of Proposition 8 as: "If this ballot measure is adopted, and is approved by the General Land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on that portion of the beach when the width of the beach between the toe of the seawall and water is less than 150 feet. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach;" and WHEREAS, on September 9 and October 21, 2008, the City Council adopted two resolutions to inform the citizens of the City of the locations where bollards would be installed to separate the pedestrian safe areas from the portions of the beach on which 150' SEAWALL BEACH CLOSURE ORDINANCE -- 11102008.0OC 4 vehicle would be allowed to transit and park in front of the concrete seawall and between the northern end to the concrete seawall and the Packery Channel south jetty; BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 10 -77, Code of Ordinances, is amended by revising subsection (e), redesignating subsection (f) as subsection (h), and adding a new subsections (f) and (g) to read as follows: Sec. 10 -77. Pedestrian safe areas. (e) The city manager may shall establish as a pedestrian safe area those portions of the Gulf beach seaward of the concrete portion segment of the Gulf seawall, until when the beach between the toe of the seawall and the water is less than 150 feet in width. The city manager shall: (1) Temporarily restrict the operation of vehicles in front of the concrete Padre Island seawall when and where width is less than 150 feet. (2) Install rows of bollards parallel to the seawall to maintain vehicle transit and parking lanes. a. One row of bollards must preserve a 25' wide pedestrian safe space adioininq the seawall. b. A second row of bollards to allow two -way vehicle passage if there is no through- access. c. Areas for head -in parking, seaward of and parallel to the first row must be provided. d. Head -in parking areas may not be located across from walkways that provide access to the seawall and beach from hotels, condominiums, parking lots, and other beach access points along the seawall. These areas should be marked as pedestrian crossings. e. The bollards must be placed so as to maximize the area of pedestrian - safe beaches near the shore in front of the seawall, while still maintaining vehicle - lanes. (f) The city manager shall establish as a pedestrian safe area those portions of the Gulf beach between the north end of the concrete Padre Island seawall and the south iettv of Packery Channel. 150' SEAWALL BEACH CLOSURE ORDINANCE -- 11102008.DOC 5 (1) The bollards must be installed 50 feet landward of mean high tide for a distance of approximately 1550 feet from the north end of the concrete seawall to a point 600 feet from the south iettv. (2) The bollards must be spaced to prevent the passage of vehicles between the bollards. (3) At the northern end of the row of bollards parallel to the water, a perpendicular row of bollards must be installed that extends seaward to the line of mean low tide. (4) At least two areas must be designated for boat launch access, and the bollards spaced to allow vehicles and boat trailers through the row of bollards. (5) Openings that are gated or chained may be installed in the bollards to allow vehicles to a operate close to the water's edge during times of limited use of the beach by pedestrians and swimmers. (q) Appendix XVII of the City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations illustrates the approximate location of the bollards that will separate the pedestrian safe areas and the areas set aside for vehicle transit and parking in the vicinity of the concrete seawall and south iettv of Packery Channel. "Rh' No pedestrian safe area may be implemented until the location and perimeter design has been submitted to the Texas General Land Office and Texas Attorney General, and approved by the Texas General Land Office. SECTION 2. Section 10 -81, Code of Ordinances, is revised to read as follow: "Sec. 10 -81. Portions of the beach closed. "(a) The city manager, or the city manager's designee, is authorized to close portions of the beach to all vehicle traffic for declared safety reasons during periods including, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when less than a twenty- five -foot corridor along the beach is available for vehicular traffic. "(b) Except for emergencies vehicles, vehicles used to maintain the beach, or vehicles used to provide beach related services under a permit issued by the City, when the City Manager has designated portions of the beach seaward of the Padre Island seawall as a pedestrian safe area under Section 10- 77(e), those portions of the beach are closed to vehicular traffic, and driving on those portions of beach is prohibited." SECTION 3. Section 10- 80(e), Code of Ordinances, is repealed: "Sec. 10 -80. One -way traffic on beach and access roads. 150' SEAWALL BEACH CLOSURE ORDINANCE -- 11102008.DOC 6 SECTION 4. The City Council will undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet. SECTION 5. The City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations are amended by adding a new Appendix XVII to read as follows: 150' SEAWALL BEACH CLOSURE ORDINANCE - 11102008.DOC 7 APPENDIX XVIII APPROXIMATE LOCATION OF BOLLARDS USED TO SEPARATE THE PEDESTRIAN SAFE AREAS AND THE AREAS SET ASIDE FOR VEHICLE TRANSIT AND PARKING IN THE VICINITY OF THE CONCRETE SEAWALL AND SOUTH JETTY OF PACKERY CHANNEL 150' SEAWALL BEACH CLOSURE ORDINANCE -- 11102008.DOC 8 SECTION 6. 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 7. 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 this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 8. 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 9. This ordinance takes effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office 150' SEAWALL BEACH CLOSURE ORDINANCE - 11102008.DOC 9 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 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 Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED: i / 714 day of November, 2008. R. Jai e ing First As ifstant City Attorney for City Attorney Henry Garrett Mayor 9 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 18. 2008 AGENDA ITEM: A. Motion approving one -year agreement for purchase of system hosting services from SunGard Public Sector of Lake Mary, Florida in the amount of $369,478 for the SunGard Public Sector suite of application modules and ePlan Review software licensing, hosting, and services provided by SunGard Public Sector. B. Motion approving the purchase of continued annual hosting services from SunGard Public Sector of Lake Mary, Florida for the SunGard Public Sector Suite of application modules subject to annual appropriation of funds based on sole source. ISSUE: MIS long range goals include establishing a disaster recovery plan for critical applications. In looking for solutions to meet this need, MIS also sought higher availability for SunGard Public Sector (SPS) systems, more secure data, more efficient backup processes, and improved service and support for our customers and end users. A hosting solution offered by SPS (formerly H.T.E. Inc.) provides these benefits as well as allow us to add additional functionality to the suite of SPS modules in the form of electronic plan checking and approval for external citizens and clients. The solution will free up resources allowing for future growth of remaining non -SPS systems within the City Hall data center. It will reduce total system costs without the loss of jobs and supplement city staff. BACKGROUND: In March1996 City Council authorized the purchase of the HTE Customer Information System from H.T.E., Inc. (now SunGard Public Sector) of Lake Mary, Florida. The system was purchased to replace antiquated IBM mainframe systems for utility billing, cashiering, and accounts receivable applications. The purchase was part of the City's overall plan to replace outdated systems with state of the art technology and provide Y2K compliance. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: In March 2002, authorized purchase of SunGard Public Sector Building Permits, Business Licenses, and Code Enforcement modules. In June 2004, authorized purchase of SPS Click -to -Gov modules for citizen access. In September 2007, authorized purchase of SPS Planning and Zoning module and GIS Looking Glass modules for the Development Services Center. FUNDING: The MIS Department will fund $181,358.00 from its FY0809 budget for SPS hosting services. The Development Services Department will fund $97,832.00 for ePlan Review hosting, licensing, and services from its FY0809 budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Robert Nbt, Jr. Assistant City Ma for Development Services Alta hmsnls: SunGard Po* Sector Contract Documents SPS Hosting Prossntation VS elan Review Presentation BACKGROUND INFORMATION In 2008, the Development Services Department was introduced to an electronic plan review software, previously identified as ProjectDox software. Staff researched the possibility of process improvements tied to the plan review software. Several improvements were identified: 1. Improved communication with the customer and staff 2. Improved documentation of plan submittal and subsequent documentation 3. Technological improvements making plan revisions easier to identify 4. Instant on -line retrieval of information for emergency personnel including fire and police 5. Plan review from remote locations 6. Instant on -line retrieval for inspection staff and other key City personnel The ePlan Review software to be hosted by Sunguard Public Sector will introduce a level of responsibility and accountability to the plan review process by increasing the transparency of the process and creating a much more consistent communications tool for both the staff and the customer. Several key facets of the software are important to mention: • The ability to program code references in order to provide the customer with a much more clear and effective rendition letter • The ability to overlay revisions of plans onto the original submission in order to clearly identify any and all changes made to the plan set • Creates a more transparent workflow process utilizing a virtual "workbench" for staff and managers alike • Provides the customer with the flexibility to submit plans any time of day and ultimately pay for the plan submission on -line. The budget for the purchase of the software was allocated in the FY 2008 -2009 Development Services Budget, with a portion of the overall costs to be funded by the MIS Fund. SUNGARD'PUBLIC SECTOR SunGard Public Sector Inc. Application Service Provider Agreement Effective Date (copy from signature page): CUSTOMER NAME AND ADDRESS: City of Corpus Christi with its principal place of business at 1201 Leopard Street Corpus Christi, TX 78401 (Customer named above is hereinafter referred to as "Customer") This Application Service Provider Agreement (the "Agreement "), is made and entered into by and between SunGard Public Sector Inc. ( "SunGard Public Sector") and Customer on the day and year written following the execution hereof by SunGard Public Sector. SunGard Public Sector and Customer agree that all services to be provided by SunGard Public Sector to Customer hereunder shall be furnished only under the terms and conditions of this Agreement and any "Schedule A - Order Foam". The terms of this Agreement and any "Schedule A— Order Form" shall control notwithstanding any contrary provision of any purchase order used by Customer to effect the furnishing of any software or services by SunGard Public Sector to Customer 1. Definition of Terms. As used herein: 1. I. "Application(s)" means the software system(s) to which Customer has requested access and paid therefor, listed on Schedule A • Or Form, including, but not limited to, all computer programs and related documentation, and any modifications thereto. 12. "ASP Environment" means the ASP iSeries which houses customer production applications and production data. 1 3 "ASP iSeries Standards Sheet" means an attachment to Schedule A • Order Form, which provides the most current information supplemental to this Agreement, such as hours of operation and support and Customer hardware requirements. 1.4. "Licensed Program(s)" shall mean a licensed data program or set of programs, or routines and subroutines, consisting of a series of instructions or statements in machine readable object code fomr and any related licensed program materials provided for use in connection with the program and which Customer has obtained a license from SunGard Public Sector under a separate agreement Unless otherwise provided herein, the term "Licensed Program(s)" shall refer solely to SunGard Public Sector Licensed Program(s). 1.5. "Conversion" means the process by which Customer data is transformed to a usable SunGard Public Sector operational format Conversion is an optional, not mandatory, service offered by SunGard Public Sector I 6 "Effective Date" means the date on which SunGard Public Sector executes this Agreement. 17 "Host Computer Systems" means SunGard Public Sector's hardware and software, located on SunGard Public Sector's premises, which is maintained and supported by SunGard Public Sector and utilized to provide the Access services hereunder. 18. "Implementation" means the processes by which Customer prepares Customer's operating procedures and personnel for transition to the Applications Customer is primarily responsible for the preparation of its personnel and procedures, assisted by SunGard Public Sector as provided for herein. Implementation is a part of Start -Up Assistance. 1.9. "Schedule A - Order Form" means an attachment to this Agreement, which is a supplement to this Agreement for all purposes Unless otherwise stated in any Schedule A— Order Form, all terms and conditions stated in this Agreement shall remain in effect. 1.10. "Start -Up Assistance" means the combination of Implementation and Training services. 1.1 L "Training" means the classes held by SunGard Public Sector to instruct Customer in the use of the Applications. Training is a part of Start -Up Assistance. 1.12. "Unplanned Downtime" means the ASP Environment is unavailable for a period of time greater than eight (8) consecutive hours Unplanned Downtime does not include downtime for planned upgrades and maintenance or issues related to the intemet and/or Customer's network 2 Access Services and Start-Up Assistance. SunGard Public Sector agrees to provide access to the Applications (hereafter referred to as "Access") requested by Customer on Schedule A - Order Form (or any supplemental or replacement Schedule A) for the number of terminals indicated so long as Customer is current in its payment obligations hereunder. Customer agrees to pay the fees for Access ("Access Fees") as provided on Schedule A - Order Form Customer agrees that Customer's Access to the Applications shall be for Customer's sole use and not for any third parry. 2.1. Hours of Operation. SunGard Public Sector shall publish its hours of operation on the ASP iSeries Standards Sheet and shall provide Customer with written notification prior to and reduction or changes thereto. If Customer is not in agreement with such changes, then Customer may terminate without penalty and without costs, upon ninety (90) days written notice. 2 2 Improvements and Changes. SunGard Public Sector will install upgrades, new software releases and enhancements, error corrections. upgrades to third party operating system software, and upgrades to hardware, as necessary, for the Host Computer Systems. 2.3. Start -Up Assistance. SunGard Public Sector will provide S tart-Up Assistance to Customer and Customer agrees to pay to SunGard Public Sector the Start-Up Fees as provided on Schedule A - Order Form SunGard Public Sector's most current information with regard to Start -Up Assistance is published on SunGard Public Sector's ASP iSeries Standards Street. Customer agrees to reimburse SunGard Public Sector for actual, reasonable travel and living expenses incurred by or on behalf of SunGard Public Sector and its personnel in furnishing the Start -Up Assistance. Any such travel and living expenses shall be billed by SunGard Public Sector to Customer on a monthly basis and governed by the SunGard Public Sector Travel Policy 24 Optional Conversion Service& At Customer's opt ion, SunGard Public Sector will provide Conversion services. if Customer elects Conversion services, Customer shall provide data to SunGard Public Sector in a compatible format acceptable to SunGard Public Sector, end on media specified by SunGard Public Sector. 3 Term of Agreement. This Agreement is effective on the Effective Date. The initial tens of this Agreement ( "Initial Term') shall begin on the Effective Date and shall continue for the period stated on the Schedule A — Order Form, executed on even date herewith, beginning after the date the initial Monthly Access Fee is due. Following the Initial Term, Services will be provided on a year-to -year basis provided Customer exercises the option and pays the then current Monthly Access Fee. SunGard Public Sector ASP Agreement Corpus Christi - SunGard ASP Agreement 110708 doc Rev. 1 01 .08 Page I of4 11/10/2008 4 Charges for Services. 4 1 Customer agrees to pay SunGard Public Sector Access and Start-Up Fees in accordance with Schedule A - Order Fomt SunGard Public Sector may adjust other fees, for which Customer has not contacted for, at any time. Reasonable travel and living expenses actually incurred and which have been mutually agreed to in writing by authorized representatives of both parties in advance, shall be invoiced monthly. 4 2. Amounts payable to SunGard Public Sector hereunder are payable in full without deduction, or set off, and are net of all sales, use or other taxes or duties. Customer shall duly and timely pay all taxes and duties, however designated, levied or based upon amounts payable to SunGard Public Sector hereunder (exclusive of United States Federal, state or local taxes based upon the net income of SunGard Public Sector) Customer agrees to indemnify and hold SunGard Public Sector harmless fiom any such taxes or duties which any federal, state or local taxing authority requires SunGard Public Sector to pay on Customer's behalf It shall be Customers obligation after payment by Customer to challenge the applicability of any tax if it so desires 4 3 Customer shall pay for any data communications telephone services If Customer equires special telephone line configurations due to unique equipment or data requirements, SunGard Public Sector reserves the right to charge for analysis and design of such special configurations 44. SunGard Public Sector may, after having provided Customer with ten (10) days advance written notice, deny Access to Customer until all required payments due to SunGard Public Sector me received. The provisions of this Subsection 4 4 shall not operate as a waiver of any other remedies SunGard Public Sector may have 5 SunGard Public Sector's Obligations. To assist Customer in accessing and using the Applications hereunder, SunGard Public Sector will: 51. provide all equipment, software, including changes, updates, and modifications thereto, and services necessary for operation and maintenance of SunGard Public Sector's Host Computer Systems; 52 provide efficient communication accessibility to the Host Computer Systems; 53 provide information regarding data back -up procedures, security, and other functions as reasonably requested by Customer; 5 4. operate and maintain the Applications and allow Customer access and use thereof It third party software is included in or with the Applications, SunGard Public Sector will identify separate access w use restrictions or additional payment obligations associated therewith in Schedule A; 5 5. provide Start -Up Assistance described in Schedule A pursuant to Section 2 hereof; 5.6. offer Conversion services; 5.7 provide Application support and system support; and 5 8. publish system availability and support hours as well as host targeted response time; 5 9. provide ASP services as published in the ASP iSeies Standards Sheet 5.10 In cases involving Unplanned Downtime, should SunGard Public Sector be unable to restore Customer's environment within the predetermined time period as stated in SunGard Public Sector's Disaster Recovery Plan, Customer shall receive a daily pro - ration for each day that SunGard Public Sector is unable to restore Customer's. Daily pro- ration will be calculated as 1130t of the then current Monthly Access Fee being billed to Customer. 6 Customer's Obligations. In order to enable SunGard Public Sector to perform its obligations hereunder, and as a condition precedent to SunGard Public Sector's obligations to perform hereunder, Customer shall: 6.1 within ten (10) days following the execution of this Agreement, designate a primary and a secondary contact, including telephone numbers and e- mail addresses; 6 2. exercise all due diligence in the performance of its obligations hereunder in connection with the Start -Up activities and subsequent access to and use of the Applications; 6.3 develop and implement proper audit controls, balancing procedures, operation methods and sufficient procedures to satisfy its requirements for data security, accuracy of input, and verification of output, including security access control for Customer's users of the Applications; and 6 4. adhere to hardware and communications requirements as published in the ASP iSeries Standards Sheet; integrity; and be res onsible 6.5. in the cowse of Customer's daily operations, input data, perform balancing activities, generate reports, maintain data inte p for ensuring the input data is accurate and meets the standard specifications provided by SunGard Public Sector for such data 6 6. maintain documents oforiginal enhy, sowce data and other backup media sufficient for file and input data re- creation in order to mitigate against the possibility of loss of input data and Customer data maintained by SunGard Public Sector; 63 . use standard forms as iequhed by SunGard Public Sector; and 6.8 provide For Internet connectivity 7 Representations, Warranties and Limitation of Liability. 7.1 SunGard Public Sector represents that it is the owner of all Applications used in the performance of services hereunder, or is an authorized licensee with the right to engage in the delivery of such services, and such software or licenses thereto have been lawfully acquired by SunGard Public Sector. 7 2. SunGard Public Sector warrants that the Application(s) will perform in substantial compliance with its then current documentation. SunGard Public Sector warrants that in the provision of services hereunder, SunGard Public Sector will use employees, agents or contractors who are adequately trained and who possess the requisite skills and professional knowledge to provide assistance in utilizing the Applications. 7 3. In the event an Application is found to not substantially conform to its then- current documentation, Customer shall so advise SunGard Public Sector and SunGard Public Sector shall diligently pursue resolution of the discrepancy between the Application and its documentation. 7.4 IN NO EVENT SHALL SUNGARD PUBLIC SECTOR BE LIABLE TO CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT SunGard Public Sector will indemnify, defend and hold Customer harmless from and against any and all claims asserted against Customer by a third party for liability, losses and damages for death, or bodily injury, or damage to tangible physical property, to the extent proximately caused by the negligent acts or omissions of SunGard Public Sec tor. SunGard Public Sector's obligations under this indemnification are expressly conditioned on the following: (i) Customer must promptly notify SunGard Public Sector of any such claim; (ii) Customer must in writing grant SunGard Public Sector sole control of the defense of any such claim and of all negotiations for its settlement or compromise (if Customer chooses to or is required by law to represent its own interests in any such action, Customer may do so at its own expense, but such representation must not prejudice SunGard Public Sector's right to control the defense of the claim and negotiate its settlement or compromise); and (iii) Customer must cooperate with SunGard Public Sector to facilitate the settlement or defense of the claim. MERCHANTABILITY, 7 5_ THE PROVISIONS FITNESS OR O HERWSEFTHE. REMEDIES LHEREIN CONTIN WARRANTIES ARE EXCLUSIVE AND CLUSSTTOME WEANES ALL OTHER REMEDIES SunGard Public Sector ASP Agreement Corpus Christi - SunGard ASP Agreement 110708.doc Rev. 1 01 08 Page 2 of 11/10/2008 8 Confidentiality ofCustomer's Information. 8.1 SunGard Public Sector acknowledges that Customer regards as confidential and as a proprietary asset any information or materials that come to the attention of SunGard Public Sector by reason of (a) the presence of SunGard Public Sector's agents, employees, or representatives at Customer's site, or (b) SunGard Public Sector furnishing services to Customer in connection with this Agreement (such information, materials, and records collectively being referred to as "Customer's Confidential or Proprietary Information ") 8 2- SunGard Public Sector agrees to safeguard Customer's Confidential or Proprietary Information by holding it in strict confidence, disclosing it only to those employees, agents or contractors who have a need to know in order to provide Access as agreed upon. In the event that a subpoena or other legal process that in any way concerns Customer's Confidential and Proprietary Information is served upon SunGard Public Sector, then SunGard Public Sector agrees to notify Customer in the most expeditious fashion possible following receipt of such subpoena or other legal process, and SunGard Public Sector will reasonably cooperate with Customer, as requested by Customer, to contest the legal validity of such subpoena or other legal process (provided that Customer agrees to pay any expense SunGard Public Sector incurs in so doing). 8 3 SunGard Public Sector agrees to take all reasonable steps to prevent the disclosure, publication or dissemination of Customer's Confidential or Proprietary Information to any other person or entity, except where and to the extent specifically required by law. 84 The provisions of this Section shall survive termination of this Agreement. 9 Security of Customer's Data; Access to SunGard Public Sector's Facility. SunGard Public Sector will provide data security procedures which will include backup of all magnetically stored data kept or processed for Customer using the Applications, in a reasonable manner determined by SunGard Public Sector in keeping with generally accepted industry practices. Upon reasonable notice and during regular business hours, Customer may request admission to SunGard Public Sector's facility. SunGard Public Sector will not unreasonably refuse such access. Any non-SunGard Public Sector personnel who are granted access to SunGard Public Sector's facility shall comply with the physical security procedures instituted by SunGard Public Sector 10. Credit Toward In -house Licensing. As used in this Paragraph 10, "In -house Licensing" means procuring through SunGard Public Sector's standard license agreement, the right for Customer to run a copy of the Applications that are owned by SunGard Public Sector for Customer's use only, on hardware owned or leased by Customer at a facility which is owned or controlled by Customer. In the event Customer desires to run the Applications owned by SunGard Public Sector in -house (and has not previously procured a license for such in-house use), SunGard Public Sector will discount Customer's in -house licensing fees for the Applications owned by SunGard Public Sector by an amount equal to one percent (1 %) of the licensing fees for each month Customer uses Access services, up to a maximum discount of sixty percent (60 %). In order to qualify for said credit, Customer must not be in breach hereof, must have provided termination notice pursuant to the terms of this Agreement, must enter into SunGard Public Sector's standard license agmcement, and must have paid all fees required to be paid to SunGard Public Sector. Maintenance and support services for the Applications that are owned by SunGard Public Sector will be available to Customer (and are recommended by SunGard Public Sector) under the terms of SunGard Public Sector's standard maintenance agreement. In the event SunGard Public Sector terminates this Agreement pursuant to Section 172 hereof, SunGard Public Sector shall provide the Applications owned by SunGard Public Sector to Customer for In -house Licensing at no additional charge for license fees, provided however that Customer enters into SunGard Public Sector's standard license agreement; Customer pays any fees required to be paid to SunGard Public Sector under this Agreement; and Customer is not in breach of this Agreement. 11 Existing Products. For products listed as "Existing Products (Currently Licensed)" (Licensed Programs) of which Customer has licensed under a previous agreement and which are included under any supplemental Schedule A -Order Forms to this Agreement, Customer shall retain the tight to run a copy of the Licensed Program(s) on hardware owned or leased by Customer at a facility which is owned or controlled by Customer. Customer acknowledges that should they run a copy of the Licensed Program(s), maintenance services for said Licensed Program(s) will not be provided under this Agreement. Should Customer desire to receive maintenance services they will be required to enter into a separate software maintenance agreement with SunGard Public Sector. 12. Contingency Planning- The parties' responsibilities with respect to contingency planning will be as follows: 12.1 SunGard Public Sector will develop, maintain and, as necessary in the event of a disaster, execute a disaster recovery plan (the "SunGard Public Sector Plan ") for SunGard Public Sector's hardware and Applications. 12 2. SunGard Public Sector will provide to Customer such information as may be reasonably required for Customer to assure that Customer's disaster recovery plan is compatible with the SunGard Public Sector Plan. 123 Each party will be responsible for the training of its own personnel as required in connection with all applicable contingency planning activities. 13. Record Retention. It is Customer's sole responsibility to ensure that its records and data meet its retention requirements- SunGard Public Sector will provide, as a standard, record retention for a period of seven (7) yews If Customer requests, SunGard Public Sector will provide longer record retention to Customer at SunGard Public Sector's then -current fees for such service . Upon termination of this Agreement SunGard Public Sector shall retum Customer's archived data to Customer and SunGard Public Sector shall have no farther responsibility to retain Customer's data. 14. Customer Insurance Responsibility. If Customer desires to obtain insurance protection against any losses incurred due to loss of input data during hansmission or delivery or from errors resulting flora defects in, or malfunctions of the mechanical or electronic equipment used by Customer, Customer may do so at Customer's expense and SunGard Public Sector agrees to cooperate with Customer in obtaining such insurance. 15. SunGard Public Sector Insurance Responsibility. SunGard Public Sector shall comply with the insurance requirements listed in the attached Exhibit A to this Agreement 16. Intellectual Property. 16.1. All computer programs, including the Applications, related documentation, written procedwes, copies of transcripts, and similar items are proprietary to and shall be considered bade secrets and confidential information of SunGard Public Sector or SunGard Public Sector's vendors- Customer agrees that it will not disclose to any third party at any time (either during or after termination of this Agreement) any trade secrets or any other secrets or confidential information learned by Customer in connection with this Agreement. All documentation shall be rearmed to SunGard Public Sector upon termination of this Agreement. All original input data items remain the property of Customer and will be retwned pursuant to Customer's instructions, so long as Customer is not in breach of this Agreement. Customer shall retain or destroy all original input documentation and other documentation in accordance with its own procedures. 16.2. The provisions of this Section shall survive termination of this Agreement SunGard Public Sector ASP Agreement Corpus Christi - SunGard ASP Agreement 110708. doe Rev. 1 01 .08 Page 3 of 11/102008 17 Termination. 17.1 Further Customer may terminate This Agreement for cause in the event that SunGad Public Sector materially or repeatedly defaults in the performance of any of its duties and obligations under this Agreement, subject to the following: (i) Customer shall provide written notice to SunGard Public eceipt of aoMaterial Default Noce, Sun GadgPubl c Sector shall promptly commence curing the specified default (m demonstrate lthatthe default did n not occur), provided that the reasonably be cured within the aforesaid Cure Period, the fpart es may extend the cure period by mutually agreeing upon aareasonable plan and of of time to cure the program for curing the cause); (iii) if the cause is not cured within the prescribed or agreed upon Cure Period, Customer party may then immediately terminate this Agreement by providing a written notice to the other, stating the cause for termination, and such notice shall not requite a cure period such Customer convenience lat least ninety 90)rd ys prior to this th Agreement ffective date f such termination for convenience Provided Provided as a strict conditioneof such right of termination for convenience, Customer must first remit to SunGard Public Sector payment in full of all fees for services rendered by SunGard Public Sector. hcations, SunGard Public Sector will 17 3. If after any termination or expiration of this Agreement Customer converts to a different vendor's applications, upon payment of SunGard Public Sector's then - current standard deconversion fee, reasonable assistance and documentation for such deconversion other in vendor's to assist applications In the event Customer requests equetts a non- standard deconversion, SunGard Public Sector hallrbe ntiledtooieceive compensation e for consultation, software and documentation provided to assist in the deconversion on a time and materials basis at the standard prevailing rare then charged by Sunoard Public Sector for such services 18 action under this Agreement, the parties This g agree o try in good faith, o settle any dispute amicably between rthem. If either d sp a has not commencing been settled after State of Texas forty-five (45) days of good -faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. Each party hereto agrees to submit to the personal jurisdiction and venue of the state anNor federal courts in or for Nueces County, Texas for resolution of all disputes in connection with this Agreement. 19. Notices. Any notice, request, demand, or other communication required or permitted hereunder will be given in writing, communication charges prepaid, to the party to be notified. All communications will be deemed given when received the addresses for the parties for the purposes of such communication are: If to Customer: To the address shown on Page I of this Agreement If to SunGard Public Sector. SunGard Public Sector Inc 1000 Business Center chive Lake Mary, Florida 32746 ATTENTION: Contracts/Legal Counsel A party may change its address only upon written notice to the other party in which case this Agreement will be deemed to have been so modified. 20 Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of causes beyond wcaener, epidemics, acts gquaroeneneither itsovere,freight its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, embargoes, failure of transmission or power supply, mechanical difficulties with equipmnt which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates. an Assignment chedu a A Neither der F may witoutpriorwritt Agreement consent of the other par Schedule tyAH Order ever, the following will not be considered "assignment" fro purposes' any is related em nt: - Order Public or of any SunGard Public Sectot rights under this Agreement to SunGard Public Sfthis Agreement: SunGard merger PrconSetatoaoit any ersnsr entity Agreement Sector's successor by merger o consolidation or to any person or hat acquires all or substantially all of its assets. m 22. Contractual t cons Documents. This Agreement, agreement between its [the part es Order peeot to the subject matter hereof Standards additional representations, ragreements or modifications or thereto, contains the complete anteto a shall be binding upon either party unless in writing and signed by Customer and accepted etin writing amendments by anautsorz d Agreement of SunGard hereafter a ap party accpt in writing by an authorized officer of SunGard Public Sector at is offices in Lake 3UNGARD PUBLIC SECTOR INC. CITY OF CORPUS CHRISTI, TX Authorized Signature RonalduE9rereetrew Exec.VP, SunGard Public Sector Inc Print Name & Title Date SunGard Public Sector ASP Agreement Rev 1 01 08 Page 4 of 4 Print Name & Title November 10, 2008 Date Corpus Christi - SunGard ASP Agreement 110708 doe EXHIBIT A INSURANCE REQUIREMENTS FOR ASP SUNGARD PUBLIC SECTOR'S LIABILITY INSURANCE A. SunGard Public Sector must not commence work under this agreement until SunGard Public Sector has obtained all insurance required herein and such insurance has been approved by Customer. SunGard Public Sector must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. SunGard Public Sector must furnish to the Customer's Risk Manager 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Customer's Risk Manager. The City of Corpus Christi 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 Insurer shall endeavor to provide 30 -Day written notice of cancellation, non - renewal, material change or termination required on all certificates Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products /Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury Automobile Liability owned, non -owned or rented Computer Software Professional Liability Coverage provided must cover officers, directors, employees and agents to include: 1. Errors and Omissions Workers' Compensation Employers' Liability MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per Occurrence / Aggregate $1,000,000 Combined Single Limit (when contractor employee(s) onsite) $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit (When contractor employee(s) onsite) Which complies with the Texas Workers' Compensation Act and Paragraph II of this exhibit $500,000/ $500,000/ $500,000 C. In the event of accidents of any kind, Contractor must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 2008 SunGard Public Sector ASP ins. req. II. ADDITIONAL REQUIREMENTS A. SunGard Public Sector must obtain workers' compensation coverage through a licensed insurance company 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 provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modifications of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, Insurer shall endeavor to provide a 30 -day written notice of material change, non - renewal, termination or cancellation is required. • If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1) -(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(6) are included or excluded. 2008 SunGard Public Sector ASP ins, req SUNGARD PUBLIC SECTOR INC. ASP DISASTER RECOVERY PLAN In accordance with Section 12 of the SunGard Public Sector Inc. (SunGard Public Sector) Application Service Provider Agreement between SunGard Public Sector and Customer, each party shall ensure the following minimum requirements are established and made part of their internal Disaster Recovery Plan. Contingency Planning If a disaster occurs at a client site: The customer experiences a disaster which forces the closure of their primary office building(s), connectivity to the ASP environment can be derived at another office building, library, school, home, etc. Anywhere that allows for high speed Internet access will be suitable for accessing the ASP NaviLine environment for emergency related activities. Green screen access will be available on PC's that have the proper version of Client Access loaded. As a city develops their internal DR plan, certain aspects of the ASP environment need to be taken into account to ensure connectivity during a disaster— emergency printing for checks and bills, firewall settings on PCs that will be utilized during a disaster, QRep reporting tool availability, PC minimum requirements, etc. The city's disaster recovery communication plan should include SunGard Public Sector. If a disaster occurs at SunGard Public Sector in Lake Mary: If preplanning is possible (in the case of a hurricane), the ASP technical team will conduct a full system back -up and ship the tapes offsite. This process may require customers to be off the system during planned downtime. If preplanning is NOT possible, the ASP team will use the most recent back -up prior to the disaster and restore the system with this data. If SunGard Public Sector declares a disaster, the ASP environment will be recovered within the 24 — 48 hours of declaration of the disaster at a SunGard Public Sector recovery center. Customers will be notified by the ASP staff of the new IP addresses to be used during the recovery period. SUNGARD'PUBLIC SECTOR Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement Schedule A - Order Form This Schedule A - Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc. Application Service Provider Agreement of even date herewith (Agreement), between SunGard Public Sector Inc. (SunGard Public Sector) and City of Corpus Christi, TX (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Customer Name: City of Corpus Christi, TX Agreement Number: CORP- 080749 -1 Yes No Initial Order Form X Replacement Order Form Replaces Order Dated 1. Initial Term: Begins December I, 2008 and expires Sixty (60) months from he date the initial Monthly Access Fee is due under this Schedule A — Order Form. 2. Application ttroups: alert -up rcoo auu tvruuurry C•••....aa ...,., Applications and /or Services Start-Up Fee Monthly Access Fee New Products Licensed) ePlan Review - Load Balanced $ 68,00000 $ 3,72800 (Not currently Existing Products (Currently Licensed) Nev/Line/ Building Permits (BP), Business Licenses (01.), Code Enforcement (CE), Planning & Engineering (PZ), Land Parcel Management (LX), Customer information Systems (CX), Contract Billing (CB), Work Orders/Facility Management (WF), Contact Management (CZ), Cash Receipts (CR), Accounts Receivables (MR), Loans Module (LN), Click2Gov Core Module Embedded (K1). ClIck2Gov Customer Information Systems (K2), Clck2Gov Building Permits (K3), Click2Gov Business Ucenses (K8), CIIck2Gav Planning & Engineering (K7), CIIck2Gov Code Enforcement (K0), CIIck2GOv Wireless Building Permits (KB), Payment Activation (CE, CIS, BP, BL) - K4, OnePoint Core (KL), Voice Response for BP Interface (V1), CIS Voice Response Interface (V2), CIS Credit Card Interlace (CY), Document Management Services (DX), QRep Catalogs (LX, WF, CR, CX, MR, BP, OL, CE, PZ) • CJ 23,114 00 12,459 00 Existing Products (Currently Licensed) Test Server. Click2Gov Core Module Embedded (1(1), Click2Gov Code Enforcement (KO), Click2Gov Customer Information Systems (K2), Click2Gov Building Permits (1(3), CIIck2Gov Business Licenses (K6), CIIck2Gov Planning & Engineering (K7), Building Permits Wireless (KB) Included in Start-Up Fee Included in Monthly Access Fee Third Party Products (Currently Licensed) QRep Admin (2 Users) - CG Admin, QRep End User (13 Users) - CG, Looking Glass Viewer (29 Workstations) - LV, Looking Glass Centralized Address Manager (3 Worksadons) - LC, Looking Glass Community Maintenance - LL Included In Start-Up Fee Included in Monthly Access Fee Retrofit Maintenance k 46 Objects Included in Start-Up Fee 384.00 Hardware Allocation VPN Concentrator Option to include management and configuration VPN tunnel, Click2Gov Hardware and software (Production & Test) will be hosted and managed by SunGard Public Sector. Included in Start-Up fee Included in Monthly Access Fee Services Set -up, Implementation, HELP Card, Disaster Recovery Plan for SunGard Public Sector applications Included in Stan -Up Fee Included in Monthly Access Fee *plan (Additional Services) Switchover, Setup, Configuration & Implementation of ePlan Review at ASP Live. 7,500 00 Included In Monthly Access Fee Back -up Tapes (Additional Services) Creation and delivery of end of the month data only backup tapes On demand load of back -up tape requires a one time fee of 5800 with appropriate planning time (requires a minimum of 10 business day advance notice) Included in Monthly Access Fee Test Environment Creation of a Test Environment and up to 4 data refreshes per year; On demand refresh - one time fee of 5800 with appropriate planning time (requires a minimum of 10 business day advance notice) includetl in Start-up Fee Included in Monthly FeBcoess Hosting Services ePlan review will be hosted and managed by SunGard Public Sector de Included in Start-Up de fee Included in Monthly Access Subtotal: $ 98,614.00 $ 18,672.00 Sessions - Monthly Access Fees Concurrent 40 ASP LPAR Environment 8,000.00 System Total: $ 98,614.00 $ 22,572.00 ASP Agreement, Schedule A - Order Form Ver 0101 08 Page 1 of 3 CORP - 080749 -I Schedule A - 110708 doe 11/5/2008 *Start -Up Fee is based on use of SunGard Public Sector's Standard ASP implementation Methodology. * *Number of Concurrent Sessions listed above used in the calculation for the Monthly Access Fees. Changes to the number of Concurrent Sessions may impact the Monthly Access Fee. 3. Payment Terms: Start -Up Fee: Due upon execution of this Order Form. Monthly Access Fee: The initial Monthly Access Fee will be due December 1, 2008. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis for a term of Sixty (60) months at the rates listed below. Months 1 -12 $22,572.00 per month or $270,864.00 per year; Months 13 — 24 $23,249.00 per month or $278,988.00 per year; Months 25 — 36 $23,946.00 per month or $287,352.00 per year; Months 37 — 48 $24,664.00 per month or $295,698.00 per year; Months 49 — 60 $25,404.00 per month or $304,848.00 per year; Following the initial term, Services will be provided on a year-to -year basis provided the Customer exercises the option and pays the then current Monthly Access Fee. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly. Note: 'Following the execution of this Schedule A -Order Form, any Retrofit Modifications provided by SunGard Public Sector will be added to the next annual renewal period, pursuant to Section 6 below. 4. Maintenance Credit: Customer has been invoiced annual maintenance, for the products and services listed in the "Existing Products (Currently Licensed) ", "Existing Third Party (Currently Licensed)" and "Retrofit Maintenance" sections above, in the amount of $164,490.98 for the period of July 1, 2008 through June 30, 2009. A credit in the amount of the unused portion of maintenance paid by Customer shall be applied toward Customers Monthly Access Fee. The unused portion of paid maintenance will consist of the amount unused as of December 1, 2008. 5. Maintenance Termination: Upon commencement of billing for the Monthly Access Fee, Customer acknowledges the termination of their current maintenance billing for the above listed applications in the "Existing Products (Currently Licensed) ", "Existing Third Party (Currently Licensed)" and "Retrofit Maintenance" section(s). SunGard Public Sector shall continue to provide Customer with maintenance of these products until the transition to the ASP Environment is complete, at which time maintenance will be terminated. • 6. Modification Retrofits. For each non - standard Application in library HTEMOD that was written by SunGard Public Sector or any Application that has had custom modifications performed by SunGard Public Sector at the Customer's request, SunGard Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release, version, or program temporary fix made available by SunGard Public Sector. Fees for Modification Retrofits to be maintained are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of each annualized ASP Term multiplied by the then current rate charged per object. 7. Hardware Allocation: SunGard Public Sector will provide the Click2Gov Production Server and Click2Gov Test Server. Each server shall reside at a SunGard Public Sector facility. The Click2Gov Servers are owned by SunGard Public Sector and are not the property of the Customer The VPN Concentrator Option includes a router, which will be provided by SunGard Public Sector to Customer. The router is, and shall remain, the property of SunGard Public Sector. The VPN Concentrator requires a CISCO branded VPN capable device, which will be provided by Customer and is the property of Customer. Customer is responsible for providing the DMS, Selectron IVR and LookingGlass servers. The DMS, Selectron IVR and LookingGlass servers are owned by Customer and shall reside at Customer's site for ease of management. ASP Agreement, Schedule A- Order Form Ver 01 01 08 Page 2 of3 CORD- 080749 -1 Schedule A - 110708 doe 11/52008 8. Creation of Full Data Backup Tape: SunGard Public Sector shall create and provide Customer with a full data backup tape one time per month. Should Customer require SunGard Public Sector to restore data on a specific backup tape they must provide Sun EnvironmentltCustomer further acknowl acknowledges that a one -time fee of $600.00 will be charged rged for each data refresh. Test The terms and conditions contained in this Schedule A — Order Form, including the prices, will be honored as set forth herein, provided this Schedule A — Order Form is fully executed by November 28, 2008. Services listed on this Schedule A — Order Form shall be in accordance with the attached ASP iSeries Standard Sheet (Attachment A) CITY OF CORPUS CHRISTI, TX SUNG PUBLIC SECTOR INC. Authorized Signature RonalthEiae oagro6t'e Exec.VP, SunGard Public Sector Inc Print Name & Title hint Name Be Title November 10, 2008 Date Date ASP Agreement. Schedule A - Order Form Vor 01 0108 Page 3 of 3 CORP - 0807494 Schedule A- 110708 doe 11/5/2008 SINGARD* PUBLIC SECTOR CLIENT SERVICES ASP iSeries Standards Sheet (Attachment to Schedule A — Order Form) 1. Terminolo Tertn.j Reflnitiort All hardware and software hosted by SunGard Public Sector Inc. on behalf of the customer. This includes the iSeries, Wintel servers and preferred 3r° party software. Host Computer System ISP Internet Service Provider System Administrator The individual designated by SunGard Public Sector Inc. who is responsible for the operation of the Host Computer Systems WinTel Windows operating system using an Intel processor 2. System Availability The scheduled hours of availability for the Host Computer Systems are 24 hours per day Monday — Saturday. The system is reserved for maintenance on Sundays from 12 a.m. — 5 a.m., customer local time. There are special considerations for software updates and emergency situations; please reference Sections 4.3 and 4.4 (Maintenance and Upgrades) for details. 3. System Backups 3.1. Daily System Backups Daily data backups will begin at 12 a.m. (Customer local time) Monday through Friday. These backups consist of all SunGard Public Sector Inc. customer data. The system will be available during the daily backup. 3.2. Weekly System Backups Weekly system backups will begin at 12 a.m. (Customer local time) on a day appropriate to the week being backed up. At this time a full system backup will be performed. These backups consist of all SunGard Public Sector Inc. customer data, program files, source files, and other necessary Customer data. In addition all AS400 system, Operating System, Security, and Data will also be backed up via a Restricted State backup. During this time access to the AS400 and its applications will not be available. System backups will be rotated to an off -site storage facility on a daily basis. 3.3. Night Processing Specified processor - intensive jobs, as determined by SunGard Public Sector Inc., may be required to be run during the night processing time frame of 8 p.m. to 11:59 p.m. to ensure that acceptable system performance standards are met. Examples of these jobs include such things as Utility Bill generation and Tax Notice generation. This is also to make sure the processes are finished before nightly backups occur. ASP iSeries Standards Sheet Version 1.7 3.4. Restores Individual Customer restores will be performed on an as needed basis taking into consideration both Customer and Host Computer Systems functionality, availability, and necessity. 4. System Administration SunGard Public Sector Inc. will provide for system administration of the Host Computer Systems (including the host iSeries system and associated host site hardware and communications infrastructure), including but not limited to: 4.1. System Monitoring The Host Computer Systems will be monitored on a 24-hour basis through the use of automated monitoring software and /or hardware as selected by SunGard Public Sector Inc.. System operations to be monitored include: • Subsystems - to ensure they are active, operational, and without pending errors message& • Job queues - to ensure they are active, operational, and attached to the correct subsystems. • Critical system messages - Monitoring for hardware errors, system functionality errors, operating system errors, system integrity errors, etc • System and Network Information - Samples of system and network information to be monitored include: • DASD (Disk storage) o Total utilization o RAID protection o Drive failures o Disk drive error rates • CPU Utilization • Total number of jobs in the system • Interactive response time • Communication line availability • Internet Connectivity from the Host Computer Systems to the Internet • Memory pool faults • Security violation attempts • System service starts and ends • Backup completion • UPS monitoring • Other pertinent system information as determined by SunGard Public Sector Inc. 4.2. System Maintenance SunGard Public Sector Inc. will provide all necessary Host Computer Systems and network maintenance as deemed appropriate and necessary by the System Administrator and /or associated staff. Appropriate and necessary maintenance shall be determined through the use of standard iSeries and network monitoring and performance analysis tools. 4.3. Software Maintenance and Upgrades Software maintenance and upgrades will be performed outside of standard business hours whenever possible. Emergency situations will be handled on a case -by -case basis in such a manner as to provide the least possible disruption to overall system operations and availability without negatively affecting system stability and integrity. m 2005 by SunGerd Public Sector Inc. Page 2 of 8 11/10/2008 — Proprietary & Confidential -- ASP iSeries Standards Sheet Version 1.7 All parties will have advanced notice of such upgrades and any emergency updates will have customer approval before being done. 4.3.1. IBM IBM licensed program fixes and upgrades, including cumulative PTF's, shall be applied to the host iSeries system as required to maintain operating functionality and currency. These PTF's will be temporarily applied until their effectiveness is determined. Non - emergency IBM PTF applications will be performed outside of normal business hours. 4.3.2. Wintel Wintel server service packs, patches and updates shall be applied as necessary to ensure integrity of the system(s), system data and associated operating environment. Patches deemed critical in nature by SunGard Public Sector Inc. of system /software vendors shall be applied as soon as possible to prevent system corruption, penetration, degradation etc. 4.3.3. SunGard Public Sector Inc. Applications Upgrades and updates to SunGard Public Sector Inc. Applications on both the IBM iSeries and Wintel platforms will be performed on scheduled dates during the year. 4.4. Hardware Maintenance and Upgrades Hardware maintenance and upgrades will be performed outside of standard business hours whenever possible. Emergency situations will be handled on a case -by -case basis in such a manner as to cause the least possible disruption to overall system operations and availability without negatively affecting system stability and Integrity. The primary Customer contact will be notified, when possible, via the on file e-mail address, prior to hardware upgrades being performed. 4.5. System Security (Logical) System security values will be set to provide for system integrity and data security as deemed appropriate by SunGard Public Sector Inc.. This will include such items as password length and makeup, change intervals, system security level, etc. User profiles, with all object authority, will be limited to the standard system security profile and the System Administrator profile. Sign -on information for these two profiles will be secured with the Director of SunGard Public Sector Inc. or his designee and the System Administrator. Customer user profiles will only have access to appropriate Customer data. Security auditing will be enacted to provide for the ability to audit security violations, changes, etc., with periodic system security reviews conducted by SunGard Public Sector Inc.. Host site security will include implementation of an industry standard flrewall, secure sockets layer, virtual private networks, IP address translation, and /or a combination thereof. © 2005 by SunGard Public Sector Inc Page 3 of a 11/10/2008 -- Proprietary & Confidential -- ASP iSeries Standards Sheet Version 1.7 4.6. Non - Preferred Third Party Software SunGard Public Sector Inc. has partnered with a number of third party vendors for purposes such as time & attendance, form printing, mapping, etc. For any non - preferred third party vendors, SunGard Public Sector Inc. will be responsible for the following: o Initial loading of software o Periodic upgrades /service packs o Technical support for related iSeries issues Exclusions: SunGard Public Sector Inc. does not support the user interface for non - preferred third party software. Troubleshooting will be performed by the customer and third party. 5. Hardware Requirements The following are minimum hardware requirements to enable Customer to access the host site iSeries system. These requirements do not take into account any local any network configuration or requirements, which are the responsibility of Customer. 5.1. Personal Computers Each personal computer that will access the ASP environment should achieve the following minimum hardware requirements for access: o Pentium 4 or greater processor o 2 GB storage o 1 GB RAM (Increasing RAM will help increase system performance) o Properly configured network interface card o Microsoft Windows 2000 Pro (SP4 or higher) or XP Professional Edition with all SP's installed o Microsoft Internet Explorer 6.0 or higher o Sun Java 1.6 o Screen resolution 1024 x 768 or better o Monitor, mouse and keyboard o IBM iSeries Access for Windows v5r4 (This version can be provided to you by SunGard PS) with the latest available Service Pack. SunGard Public Sector Inc. will not support any hardware that does not meet the minimum requirements 5.2. Type Supported Local (PC attached) Must be IBM certified. Microsoft Certified Printers: httns: //winaual.microsoft com /HCL/ProduclList.asnx ?m =x &o =d &aid= 900 &f =86d IBM Certified Printers: htto: / /www- 912.ibm.com/s dir /sIkbase. NSF/ 0888cc5d18fceca586256B0b005dc690 /b44a2cf4ba778d838 62568250053649 %0pen Document Network Most printers with an available Ethernet connection and that are part of the approved IBM Certified Printer list can be used in the ASP environment. 'NOTE "' Ali -in -One Printer/Fax/Copier machines are not recommended. Twinax Any existing client Twinax printer that needs to be used in the ASP environment will require that a BOSANOVA e- Twinax controller be purchased by the client for network printing to be successful. htto://www.bosanova.net/twinaxcontroller/index.html ® 2005 by SunGard Pubfc Sector Inc -- Proprietary & Confidential -- Page 4 of 6 11/10/2008 ASP iSeries Standards Sheet Version 1.7 All others Other printers will be evaluated on a case-by-case basis for compatibility with the ASP environment. There are 2 options to deal with printing in the ASP environment: Option 1: Utilize local print sessions that are configured and run via IBM iSeries Access for Windows. They can print to any networked, shared or locally attached printer that the Windows machine they are run on can see. These sessions are easy to setup, however these sessions must be signed in and running for printing to work. Some clients run all print sessions on a dedicated machine for ease of management. However, any non - shared locally attached printer, including Cash Receipts printers, must be run directly on the machine to which the printers are attached. Option 2: Print directly via TCP /IP. in this setup the client will provide a unique static Public IP Address for each printer they want to print in this manner. These are generally high traffic printers that customers do not want to be run on a print session. Also, any IPDS printing MUST be setup as an IP printer. Option 2.1: Print directly via TCP /IP, but utilizing just one unique static Public IP Address. Each configured printer will use the same IP address, but a different port to print to. The clients firewall will then utilize port forwarding to direct the traffic to the correct printer. Most clients utilize a combination of these methods. It is a customer's internal decision based on available Public IP addresses, current infrastructure and other needs. We can work with any of these methods. 5.3. Recommended Customer Connectivity Internet bandwidth is determined by the customer. It is based on Saturation level: a combination of connection speed, number of users on the system, size of files being accessed over the Internet, etc. SunGard Public Sector Inc. strongly requires the following minimum setup: o Minimum 1.5 MB Internet connection (T1 or other telecom provided service is preferred over cable or DSL) Responsiveness is directly affected by connectivity selected. o For clients who require site to site VPN, we require that the client have a Cisco branded VPN enabled device on their site. o Recommended redundant internet connection In case the primary connection goes down. o Dial up and wireless connections are not supported. 5.4. Recommended Customer Hardware An industry standard firewall used to protect the customer's internal network is required for connectivity Into the ASP network. 6. Performance Analysis of Customer's Current SunGard Public Sector Inc. Environment A Customer's current environment will be reviewed prior to the ASP transition. Ideally Customers will transition to ASP on the latest version of SunGard Public Sector Inc. code. If a Customer is not on the latest version of SunGard Public Sector Inc. code, the current environment will be reviewed to determine if it can handle an upgrade before transitioning to ASP. ® 2005 by SunGard Public Sector Inc. Page sofa 11/10/2008 -- Proprietary & Confidential -- ASP iSeries Standards Sheet Version 1.7 Items reviewed include: Current iSeries OS version, available disk space, current processing power, and current SunGard Public Sector Inc. version. 7. Host Site Performance Performance monitoring and tuning will be performed as necessary to maintain an average in network interactive response time of 2.0 seconds or less when measured over a 1 -hour period during normal business hours. "In network" is defined as any point between which the data packet enters the SunGard Public Sector Inc. environment and subsequently departs the SunGard Public Sector Inc. environment. Any point of communications outside of the SunGard Public Sector Inc. protected network environment, including DMZ, shall be deemed as "out of network" iSeries, Wintel server and associated network infrastructure performance monitoring will be conducted on a regular basis. Monitoring shall be done during (no less than) four randomly selected one -hour periods within each calendar month. A summary of the performance statistics shall be made available for Customer review upon Customer request, including available predictive performance data where available. SunGard Public Sector Inc. is not responsible for Internet connectivity and/or performance outside the internal SunGard Public Sector Inc. host site infrastructure. 8. Standard Application Support SunGard Public Sector Inc. provides standard Application Support 24 hours a day, 365 days per year. The toll -free support line is 1- 800 -695 -6915 and the email address is asbtechsuoot(d)hteinc.com 9. System Hardware Support Host site technical hardware and host operating system support shall be provided 24hours a day, 365 days per year. This includes support for technical issues related to Host Computer Systems access, hardware operations, and Host Computer Systems functionality. SunGard Public Sector Inc. is not responsible for Customer hardware, non- SunGard Public Sector Inc. related software, Internet access, and /or connectivity issues. SunGard Public Sector Inc. will provide guidance to Customer in obtaining technical support for on -site hardware and connectivity issues. ® 2005 by SunGard Public Sector Inc. Page s or 8 11/10/2008 — Proprietary & Confidential -- 0 cr 0 E At 15° Z E. v ?< cp co D cD z � 2 0. o 0 rit S qI (0 0 qnd pieung ci 0 m n 0 • rt. 0) (Da � m n w el' rt-0 CD N (I) m 0 m rat (n rrt * o o n n 0 O _ rn� rnrt-CD 0) • 0 1-4 i es. o -a cD S -1 O rt n < 0) 0 rt (n CD 73 CD w n u) n -1 r*. 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CO CD I Q o CT o co 0 _. 3 c0 N N o o- O 2 00 a) r+ R O N a) O co CD CO 164k CO 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 18, 2008 AGENDA ITEM: Resolution granting a variance from the Guidelines and Criteria for granting Tax Abatement and authorizing the execution of an agreement with Transcontinental Realty Investors, Inc. providing for temporary property tax abatement. ISSUE: To assist in the attraction of long -term investment and the redevelopment of north beach to enhance the City's economic base. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant a temporary property tax abatement agreement to Transcontinental Realty Investors, Inc. for a minimum capital investment of $16 million. citIrma C- •allero Director of Economic Development BACKGROUND INFORMATION Transcontinental Realty Investors, Inc. has proposed a redevelopment project on Corpus Christi Beach (North Beach). The multi- family housing project will be located at 3612 Surfside, northeast intersection of Breaker and Surfside, within the designated Renewal Community. The 232 unit luxury Class "A" apartment complex will provide a minimal capital investment of $16,000,000. Average one and two bedroom units will be approximately $825 to $1275 per month. The apartment community will provide ground level parking and three stories of residences for a total of four stories. Amenities include: • Pool and deck facing the bay and beach • Fitness Facility • Business Center • Great Room • Leasing Center The proposed project located on Corpus Christi Beach is just north of the City's Central Business District, but shares much of the blight and lack of economic activity, similar to that associated with Downtown Corpus Christi. Transcontinental Realty Investors, Inc. is seeking a variance to the current Tax Abatement Guidelines and Criteria. Under general terms of the Central Business District (CBD) a multi - family housing project would be eligible for up to seven years of tax abatement at 100 %, with no more than two years for construction period, and no requirement for job creation. The criteria serves to promote the development of multi - family housing to help revitalize and restore a blighted area of the City serving as one of the City's gateways and tourist industry meccas. The proposed tax abatement agreement will not be executed until Transcontinental Realty Investors, Inc. finalizes the sale of the land. The company expects to close on the property in June 2009 with construction expected to take 14 -18 months. The development of a $16,000,000 multi - family housing complex will assist with the revitalization of a blighted area which currently lacks economic activity as well as increasing the number of full -time residents to help support retail establishments that can attract both residents and visitors. A RESOLUTION GRANTING A VARIANCE FROM THE GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRANSCONTINENTAL REALTY INVESTORS, INC. PROVIDING FOR TEMPORARY PROPERTY TAX ABATEMENT WHEREAS, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and WHEREAS, an application for temporary tax abatement has been filed with the City by Transcontinental Realty Investors, Inc. for the construction of improvements to facilities in the City; and WHEREAS, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City of Corpus Christi within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; WHEREAS, the Transcontinental Realty Investors, Inc.'s proposed multi - family housing project will be located on the shoreline on Corpus Christi Beach, within the City's designated Renewal Community; WHEREAS, Corpus Christi Beach is located just north of the City's Central Business District, but shares much of the blight and lack of economic activity, similar to that associated with Downtown Corpus Christi; WHEREAS, there is a need to promote the development of multi - family housing on Corpus Christi Beach to help revitalize this portion of the community and restore the area as one of the City's gateways and tourist industry meccas; WHEREAS, there is a need to revitalize both areas, and the development of multi - family housing has been identified as a key to the redevelopment and restoration of these areas; WHEREAS, an increased number of full -time residents will help support retail establishments that can attract both residents and visitors; WHEREAS, the City's Guidelines and Criteria for Granting Tax Abatement do not clearly address the type of tax abatement that should be applicable to Renewal Community multi - family housing facility; WHEREAS, Section 3(f) authorizes a variance from specific provisions in the City's Guidelines and Criteria for Granting Tax Abatement, if the variance obtains a vote of three - fourths of the governing body; and Tax Abatement Agreement Resolution — 3612 Surfside w variance -- 13072008 2 WHEREAS, the project is not located on property that is owned or leased by a person who is a member of the city council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes a variance from Section 2.(g)(2)C. and 2.g.(3) of the City of Corpus Christi Guidelines and Criteria for Granting Tax Abatement, and authorizes Renewal Community multi - family housing facilities to receive the same tax abatements as Central Business District Residential Facilities. SECTION 2. The City Council finds and determines that the terms of the proposed agreement with Transcontinental Realty Investors, Inc. providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 3. The Tax Abatement Agreement with Transcontinental Realty Investors, Inc. attached in substantial form as Exhibit A, is approved, and the City Manger is authorized to execute the agreement once Transcontinental Realty Investors, Inc. acquires Lot 7A, Corpus Beach Hotel Addition and Lot 169, Block 7, Corpus Beach Hotel Addition. Adopted at a regular meeting of the City Council on the _ day of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO FORM: November 7th, 2008 R. d5y J eining 7 First Assistant, ity Attorney For the City Attorney Tax Abatement Agreement Resolution — 3612 Surfside w variance — 13072008 2 3 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 Michael McCutchon Tax Abatement Agreement Resolution — 3612 Surfside w variance — 13072008 3 TAX ABATEMENT AGREEMENT THE STATE OF TEXAS } } COUNTY OF NUECES } This Tax Abatement Agreement ( "Agreement ") is made and entered into by and between the City of Corpus Christi, Texas ( "City ") and Transcontinental Realty Investors, Inc., a Nevada corporation ( "Owner "), the owner of taxable property in the City of Corpus Christi, Texas, located at 3612 Surfside Boulevard, Corpus Christi, Nueces County, Texas ("Property"). 1. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ( "Act "), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. II. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 2. "Added Value" means the increase In the assessed value of the Eligible Property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." 3. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. 4. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 EXHIBIT A (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 5. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no the change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 6. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications /Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 7. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 8. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. TAX ABATEMENT AGREEMENT -- 3612 Surfside— Variance 11072008 2 B. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. III. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. C. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. R217622 Land $1,458,315.00 Improvements $0.00 C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $0.00 D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $1,458,315.00 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement on the Eligible Property is based upon a variance granted by the City Council. Notwithstanding the location of the property north of the north of the Industrial Canal /Ship Channel, the variance authorizes treating the property as a Central Business District Residential Facility. B. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next five (5) full tax years after the Construction Phase, expiring as of December3l of the third tax year. If the period of the Construction Phase exceeds two (2) years, the Facility is considered TAX ABATEMENT AGREEMENT — 3612 Surfside— Variance 11072008 3 completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed seven (7) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the fifth tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post- construction five (5) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum seven (7) year Abatement period for the entire project as specified in this Agreement. C. The term of this Agreement continues for a period of five (5) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is be subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes is payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. 4. The Added Value of Eligible Property is abated under Article VI of this Agreement. VI. AMOUNT OF ABATEMENT A. The Abatement provided by this Agreement is based upon improvements for a Renewal Community Facility -- residential multi - family housing, based upon the guidelines for a Central Business District Residential Facility. There is no job creation requirement. The percentage of tax abated for each dollar of Added Value is under the following schedule: Percentage of Abatement Construction Period (not to exceed 2 years) 100% Yearl 100% Year 2 100% TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 4 Year 3 100% Year 4 100% Year 5 100% B. At the time of execution of this Agreement, the Owner reasonably estimates and represents to the City that the Added Value comprising permanent Improvements upon completion of the Construction Phase is: $16,000,000.00 ( "Estimated Added Value "), of which $16,000,000.00 is eligible for tax abatement. C. In the event that upon completion of the Construction Phase, the Added Value of permanent Improvements, as determined by the Appraisal District, is at any time during the period of Abatement be less than eight -five percent (85%) of the Estimated Added Value, not due to circumstances beyond the control of Owner, the Owner agrees to pay, as additional taxes under this Agreement, an amount equal to the then current tax rate of the City applied to the difference between the Added Value from eighty-five percent (85 %) of the Estimated Added Value, multiplied by 100 %, minus the net percentage of Abatement provided under this Agreement. For the purposes of this provision, the term "circumstances beyond the control of Owner" includes casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts of war; and the like. D. The formula for calculating the additional tax is outlined as follows: (Tax Rate) x ((85% of Est. Added Value - Actual AV) x (100% - Abatement %)] = Additional Tax. VII. CONTEMPLATED IMPROVEMENTS The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no the change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed by the January 1 following the completion of construction, no TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 5 abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to complete construction by the next January 1, then this Abatement Agreement terminates and all abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed, but subsequently discontinues operations or the minimum number of permanent jobs is not maintained on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ( "Cure Period "), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. E. Actual Added Value. Should the Nueces County Appraisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of the Construction Phase is lower than the Estimated Added Value the that a lower percentage of Abatement is applicable, for each year during which an Abatement has been granted, the difference between the tax abated and the tax that should have been abated based upon the actual Added Value is determined by the City and must paid within 60 days of notification to the Owner of the determination. Penalty and interest does not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 6 F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continue in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. H. City Council Reserves Right to Terminate or Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. 1. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above.' TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 7 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60 -day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and /or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty -four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. The full taxable value figure listed in the appraisal records is used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. 4. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 8 C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. The annual report is accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. 5. The copies of the four prior quarterly IRS 941 returns must be provided to verify employment D. "Buy Local" Provision. 1. The Owner shall give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. 2. In the case of an exception involving a purchase over $10,000.00, the justification for the purchase must be included in the annual report. 3. The Owner further acknowledges that it is a legal and moral obligation of persons receiving property tax abatements to favor local manufacturers, suppliers, contractors, and labor, all other factors being equal. 4. For the purposes of this provision, the term 'local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. 5. In the event of a breach of the buy local provision, the percentage of abatement is proportionately reduced — to the amount the disqualified contract bears to the total construction cost for the project. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by TAX ABATEMENT AGREEMENT — 3612 Surfside -- Variance 11072008 9 one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities is joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. XI. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and are duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices is delivered to the following addresses: To the City: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager To the Owner: Transcontinental Realty Investors, Inc. 1800 Valley View Lane, Suite 300 Dallas, Texas 75234 Attn: Vice President of Residential Construction C. Either party may designate a different address by giving the other party ten days" written notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. TAX ABATEMENT AGREEMENT — 3612 Surfside— Variance 11072008 10 Executed this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: Armando Chapa City Secretary APPROVED AS TO FORM: By: R. Jay Reining First Assistant City Attorney For City Attorney By: 'Angel R. Escobar Interim City Manager OWNER: TRANSCONTINENTAL REALTY INVESTORS, INC. By: Al Crozier Vice President of Residential Construction STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS This instrument was acknowledged before me on , 2008, by Al Crozier, Executive Vice President of Residential Construction, Transcontinental Realty Investors, Inc., a Nevada corporation, on behalf of the corporation. NOTARY PUBLIC, State of Texas TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 11 SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar -year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor ** (local). 4. Dollar amount spent for labor ** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily - available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term 'local" as used to describe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. TAX ABATEMENT AGREEMENT -- 3612 Surfside -- Variance 11072008 12 Exhibit A Project Plan CALAIS ON CORPUS BAY The project to be developed is located on 4.46 acres in North Beach at 3612 Surfside. The project will be a 232 unit luxury Class "A" apartment community with parking on the ground level under the building and 3 stories of residences for a total of four stories, a leasing center and amenities above the garage level including a spectacular pool and amenity deck facing the Bay and Beach. Covered parking on the first level will number approximately 410 spaces, which is more than adequate for the proposed project. An additional 83 open parking spaces will be provided on the site. The site having beachfront exposure will offer unique water front living and an extremely easy commute to the Central Business district or the abundant employment centers surrounding the location. The mix will contain 151 one bedroom one bath and 81 two - bedroom two -bath units. The approximate net rentable area will be 188,000 square feet. Two conveniently located elevators will service the upper floors. The amenity package will include a fitness facility, business center and great room and leasing center overlooking the Bay and the Pool deck. Construction will take 14 to 18 months to complete. The owner, Transcontinental Realty Investors, Inc., who currently own and manage over 20,000 units nationwide, will provide Onsite management. Transcontinental Realty Investors is an externally advised and managed real estate investment company that owns a diverse portfolio of income - producing properties and land held for development. The Company's portfolio of income - producing properties includes residential apartment communities, office buildings, hotels and other commercial properties. Transcontinental Realty Investors' investment strategy includes acquiring existing income - producing properties, as well as developing new properties on land already owned or acquired for a specific development project. Transcontinental Realty Investors acquires land primarily in urban in -fill locations or high - growth suburban markets. Transcontinental Realty Investors are an active buyer and seller. During 2008, Transcontinental Realty Investors acquired over $78.4 million and sold over $163.0 million of land and income - producing properties. As of June 30, 2008, the Company owned approximately 9,356 units in 48 residential apartment communities and 27 commercial properties of approximately 5.4 million rentable square feet. In addition, Transcontinental Realty Investors own over 6,325 acres of land held for development and 13 projects under construction. Attached are some schematic drawings and property descriptions. TAX ABATEMENT AGREEMENT -- 3612 Surfside— Variance 11072008 13 29 CITY COUNCIL AGENDA MEMORANDUM November 11, 2008 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. ISSUE: The City is in its fourth year of a five year implementation program for installing an Automated Meter Reading system throughout the City. Over the past three years, the City's contractor has had difficulty in obtaining access to certain accounts which has delayed the progress of converting 100% of the meters in any given route. 100% conversion is required to fully benefit from the objectives of the program. As a stop gap measure to reading inaccessible meters, the City places those inaccessible accounts on estimated status until such time the customer calls the contractor for an appointment. Once on estimated status, the bill must be manually processed which requires staff to physically pull the bill and make adjustments in the system to estimate the bill. The fee referenced in the ordinance will recoup the City's costs for estimating the bill. REQUIRED COUNCIL ACTION: City Council must approve amendments to the Code of Ordinances. PREVIOUS COUNCIL ACTION: None related to this issue. RECQMMENDATION: Staff recommends approval of the ordinance. Michael Barrera Assistant Director o Financial Services BACKGROUND The City's contractor for AMR conversion has had difficulty obtaining access to customer property. The rate of occurrence is estimated to be about 3% of accounts serviced. Although a small percentage, the inability to saturate an entire route is detrimental to the success of the AMR program. For those inaccessible accounts, the City must continue to send meter readers to read the meters or estimate those accounts. In those instances where the City has placed a customer on an estimated account status, some customers appear to prefer to stay on an estimated status rather than allowing the conversion to be made. Currently, approximately 100 accounts are on estimated status with some accounts dating back to calendar year 2007. Additionally, 665 accounts are on a list of inaccessible accounts. The average monthly revenue associated with these accounts is $250,000. Seventy percent (70 %) of the accounts are residential customers. The remainder are commercial customers including restaurants, churches, apartment complexes, schools and hospitals. Inaccessibility issues include locked gates, bad dogs in yard, residential customer requesting an appointment at another time or commercial customer requesting an appointment at another time. Historically, in order to gain access to a customer account, the contractor will make three attempts during the span of a two week period. If unsuccessful, the account is placed on a list and sent to the Utility Business Office (UBO) for assistance to gain access. UBO then issues a letter requesting the customer to make an appointment with the contractor. If the customer has not made an appointment with the contractor within the next thirty days, the City will issue a second letter, informing the customer that their account will be placed on estimated status until an appointment is made and access is granted. UBO will continue to send notices with each estimated bill reminding the customer to make an appointment. This estimated handling of bills is done on a manual basis that is both time consuming and is an inefficient method of billing customers. In cooperation with the contractor, the City has developed a new "access" procedure whereby tasks and responsibilities are clearly defined and an agreed upon schedule is adhered to by both parties. Included in that process, is the estimated fee referenced in the ordinance. The fee will only be applied to those accounts that continue to deny the contractor access after three attempts have been made by the contractor and three letters have been issued by the City. The final letter will be sent certified mail to confirm the customer has received the letter. The appointment process can provide for after hour and weekend work in order to accommodate personal and business schedules. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 TO ESTABLISH A FEE FOR ESTIMATING METER READS WHEN ACCESS TO REPLACE METER FOR THE AUTOMATED METER READING PROGRAM IS NOT PROVIDED; PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 2009; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi has undertaken an automated meter reading program to improve efficiencies in the meter reading process; WHEREAS, as part of the automated meter reading program, the City has notified utility customers of the City program to install new meter reading devices, including written notices, and of the need to have access to the property; WHEREAS, at some properties, despite issuance of City written notification, the City or its contractor has been denied access to the premises to install new automated meter reading devices, either due to a locked gate, aggressive dog on property, or customer refusal; and WHEREAS, utility customer non - cooperation with City request for access to the property for new installation is causing the City to bill such accounts for utilities based on estimates of utility usage, which causes additional use of City staff time to manually review the bills, delays utility bill printing by one to two days, delays the completion of the automated reading program, and prevents City from recording accurate revenues, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi City Code of Ordinances, Chapter 55, Utilities, Article II, Rules and Regulations of the Utilities Business Office, is amended to add new Section 55 -39, to read as follows: "Sec. 55 -39. Fee for estimating meter reads. (a) The monthly fee for estimating a meter read is $ 40.00. (b) No such fee shall be charged until the following has occurred: (1) The City of Corpus Christi shall send written notice by regular mail to notify the utility customer that the City is in the process of replacing the meter with automated meter reading devices, and to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new automated meter reading device. The notice shall also inform the customer that customer's failure to timely comply shall cause the City to place the account on estimated meter reading, and shall cause a monthly estimated meter reading fee of $40.00 to be assessed. (2) If customer does not timely respond within two weeks from date of first written notice, then the City shall mail a second written notice by regular mail to inform the customer that the account has been placed on estimated meter reading, and FI: \LEG- DIR \Lisa\2008 ORDINANCES\FEE FOR ESTIMATED METER READING Nov 6, 2008.DOC 2 to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new meter reading device. The second written notice shall also inform the customer that customer's failure to timely comply shall cause the City to keep the account on estimated meter reading and shall cause a monthly estimated meter reading fee of $40.00 to be assessed on the next utility bill. (3) If the customer does not timely respond within two weeks from date of second written notice, then the City shall mail the customer a third and final written notice by regular mail to inform the customer that the account has been placed on estimated meter reading, and to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new meter reading device. The third written notice shall also inform the customer that the City is applying a monthly estimated meter reading fee to the customer's bill, until the automated meter reading device is installed by the City or its contractor. (c) The fee for estimating a meter read is in addition to and separate from the monthly estimated meter read. (d) For purposes of this section, the estimated meter reading is calculated by the following formula: Determine average daily consumption amount, by first adding the meter readings from the following billing periods: 12 months prior, 11 months prior, and 10 months prior. Then, divide this total by the total number of days in these three billing periods, to determine the average consumption per day. Then multiply the average consumption per day by number of days in the estimated month, to determine the estimated consumption for the month, and round to the nearest thousand gallons for water, and nearest MCF (thousand cubic feet) for gas. SECTION 2. 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 this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. This ordinance takes effect January 1, 2009. FEE FOR ESTIMATED METER READING NOV 6, 2008 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 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 McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: Nov. 7, 2008 By: x.</1%t- Lisa Aguilar Assistant City Attorney for the City Attorney Henry Garrett Mayor 30 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Crime Control and Prevention District Quarterly Project Update STAFF PRESENTER(S): Name Title /Position Department 1. Bryan P. Smith Chief of Police Police 2. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Scott Kucera Chairman Crime Control and Prevention District Board of Directors ISSUE: The Crime Control and Prevention District Board gives quarterly project updates to the City Council. BACKGROUND: The state of the FY 0809 budget and current projects will be reviewed. REQUIRED COUNCIL ACTION: None Bryan P. Smith Chief of Police CORPUS CHR /an r f 4 a ;AOIfTRICLy Corpus Christi Crime Control & Prevention District Quarterly Project Update Crime Control & Prevention District Quarterly Budget Update • 25% into 2008 -09 budget year • Expenditures — 21.5% of budget • Revenues are up 6.75% over projections ■ Fund balance remains healthy 1 Crime Control & Prevention District Quarterly Budget Update • Continued focus on Core Programs — 50 Police Officers — Juvenile Assessment Center — Pawn Shop Detail — Graffiti Eradication • Continued focus on long term fiscal responsibility and control Crime Control & Prevention District Quarterly Budget Update • 08/09 approved one time expenditures totaling $50,000 for: — Purchase of graffiti truck — currently out for bids. Anticipated award in January, 2009. 2 Afa CORI. O` `intgl.�. is 4 ,y,DIST RI C707 $� CORNS CIf N, 0014' Ni‘ Corpus Christi Crime Control & Prevention District 2008 Project Report. Graffiti Eradication • 1 Graffiti Coordinator and 1 Sr. Staff Asst hired March 2008 • Since April 2008 — 107 sites painted by 406 volunteers — 18,001 square footage — 203 Gallons of paint • Two detectives are assigned to investigate and file cases. From 7/17/07 — 11/1/08 Total arrests = 140 — 57% Juveniles — 42% Adults 3 Troop #9732 - Girls ages 7 & 8, from Calallen and Tuloso Midway GRAFFITI TASK FORCE PREVVfp74 REPORyyr (.REMQVE:_ Christus Spohn Hospital -102 volunteers from all area hospitals in system 4 ost Precious Blood Catholic Church Youth Group j Juvenile Assessment Center • School Year To Date — Intakes = 159 — Day = 27 — Night = 29 — Court referred = 113 — Active Caseload = 155 5 CoCORD RPU9 oXR(" te` i:\`s :0o10?R1 CT:i;/ h � Corpus Christi Crime Control & Prevention District 6 31 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: PROPOSED SMOKING BAN ORDINANCE STAFF PRESENTER(S): Name Title /Position Department 1. Elizabeth Hundley Assistant City Attorney Legal 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. 2. 3. 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N (6 a) QH a0i 0) 0 ID i— o Q > (� r co N N N N M 0 Z O Q to -0 to E (6 Q uS ID °- Ta a5 D D o� 01 � � D c DO 0 a) a _o c0E o c5 to O U a) O U L O �� �� c6 To to 0) N Q� O O O- CO O a) vi �U O O: L CO i/� L a5 a) (6 a) a) A CO a] (n c N L L co 'Ed O L O �. Q U L •N 010 U �'Cn �'� 01° O �o ° O� °c6 �(6 O a 0 0 (6 ?, -g a) in i of D .0 QU 1 0 c6 C x c 0 a) _c U N co co a)co -0•' a)f :SD � (0 •X �u 03 Dal >a) a)� D G1 (6 N O U L L O_ a) -5 ea Q L a) °° Q oc� °o .c _o ate) 2 O Q '- O L 4— —0 co— -0 E -o 2 Na) L TD a) a) 0 a) U �. L �• o > co a) o , O �r E r (6 "Q Q i O L O O O-0 Qa) E i Q>, Q Q° Qo x a) o a) .� U .� .c c co a) >' U !/j (6 U U = a) C0) �u) �t a)a)5 a3>, (D 1 .c 1 2E 1.a 1 O" co '5 CO -Q C/) u) w Cn 03 C/) Q U W a) O Z r Eliminates smoking - permitted restrooms in facilities with multiple restrooms. D a) L O L Q .( a) Q O) L O •5 61D O (6a) Q .0 • O L E O1 To • O o)U O O L as E U U • a) a) 9— O ea a) o O r 2 O O E E it c6 c6 9- u) 0, o O)•- r O O O - c c O U r E 5 a) . ID •- D ° a) a a] 0 a) Qr O U N 2 E U O a) U O L (6 C to N L (6 O - N Q L o) co • ' O O '— 0 L fl O Q L E U • O to a) I'll — Q) O c 0 E r ▪ a) a)ccUa) U • E•V c owner or (6 • c a) E a) Q E D O Q O a) > a) D O O L a) Q O O a) O O O 0 U (6 a) = E Q N O •5 a) 0 Co (6 Q (5 O E L W ?j No waiver of the provisions may be granted. LjJ City of i Corpus Christi ■1011%.001%.0 SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD STREET NOVEMBER 18, 2008 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: I. CONSENT AGENDA 11.1(a) Motion authorizing the City Manager or his designee to execute a deductive change order with Haas - Anderson of Corpus Christi, Texas in the decreased amount of $226,900 for the Street Overlays Cluster 4 project to change the overlay treatment to a sealcoat on the northbound lanes of Shoreline Drive from Furman Avenue to Lawrence Street resulting in a modification in project scope. K. REGULAR AGENDA 29.1.a. Ordinance disannexing from the City of Corpus Christi, Texas approximately 0.59 acre tract of land, situated along aline drawn from a point at coordinates 1294719.136 x, 17188918.803 y to a point at coordinates 1294708.897 x, 17191792.708 y, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.b. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 9.426 acre tract of land, owned by Sam Kane Beef Processors, Inc., in Nueces County, located off south right -of -way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.c. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 60.821 acre tract of land, owned by Sam Kane, in Nueces County, located off south right -of -way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. Supplemental Posting Regular Council Meeting November 18, 2008, 10 :00 a.m. Page 2 29.1.d. Ordinance disannexing from the City of Corpus Christi, Texas an approximately one acre tract of land, owned by Rachel Madean Brown Magill, in Nueces County, located 2040 Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.e. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 120.62 acre tract of land, owned by Mary Hutchins Triestman Limited Partnership, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.11. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.23 acre tract of land, owned by Adhub, LLC, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.g. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.32 acre tract of land, owned by Ann McMaster, General Partner, Haring Heirs, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.h. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 122 acre tract of land, owned by Chessie Perkins, in Nueces County, located at Clarkwood Road at Sedwick Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.i. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 27.5438 acre tract of land, owned by Gladys V Stillwell, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. Supplemental Posting Regular Council Meeting November 18, 2008, 10 :00 a.m. Page 3 29.1.j. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 31.032 acre tract of land, owned by Rose Mary Zvara, Trustee, RZ Realty Trust, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. N. EXECUTIVE SESSION 33. Executive session under §551.087 of the Texas Government Code for discussions and deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at g ;50 a.m., November 15, 2008. rmando Chapa City Secretary AGENDA MEMORANDUM City Council Action Date: November 18, 2008 SUBJECT: Street Overlays Cluster 4 Deductive Change Order No. 1 (Tax Notes 2008) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a deductive change order with Haas - Anderson of Corpus Christi, Texas in the decreased amount of $226,900 for the Street Overlays Cluster 4 project to change the overlay treatment to a sealcoat on the northbound lanes of Shoreline Drive from Furman Avenue to Lawrence Street resulting in a modification in project scope. ISSUE: Due to the passage of Bond Issue 2008 Proposition #7 Bayfront Master Plan, Phase 3, it is now not necessary to complete the Shoreline Drive Overlay Cluster #4 section between Furman Avenue and Lawrence Street on the northbound lane. The contractor is currently finishing the overlay in the area on the southbound lane and has not begun work in the northbound lane. Using a sealcoat treatment in place of the overlay on the northbound lane would result in a savings of $226,900. FUNDING: N/A RECOMMENDATION: Staff recommends approval of the items as presented. !f Kevin R. Stowers Interim Director of Engineering Services Additional Support Material: Exhibit "A ": Background Information Exhibit "B ": Change Order Exhibit "C ": Location Map H:\HOME.YNGAStGEMStreets52006 Tax Nolesel449 - Street OvedaystChenge Order No, 9tAgande Mama.dac BACKGROUND INFORMATION "EXHIBIT A" SUBJECT: Street Overlays Cluster 4 (Project #6460) Deductive Change Order No. 1 (Tax Notes 2008) DEDUCTIVE CHANGE ORDER NO. 1 DESCRIPTION: This change order consists of a change in scope for the pavement section on North Shoreline Blvd. from Coopers Alley to Furman St. The revised pavement section will consist of only a seal coat for these limits. This is in lieu of providing the recommended pavement section as shown in the plans which consists of milling the existing pavement (0 " -3 "), seal coat and then overlaying with 3" of hot mix asphalt. This change in pavement section is due to the future Bayfront Development project. The crossing on Kinney Street between North & South bound Shoreline will also have a seal coat pavement section only. On South Shoreline at Furman St. there is an additional turn out which will be milled and overlayed. DEDUCTIVE CHANGE ORDER BACKGROUND: Due to the passage of Bond Issue 2008 Proposition #7 Bayfront Master Plan, Phase 3, it is now not necessary to complete the Shoreline Drive Overlay Cluster #4 section between Furman Avenue and Lawrence Street on the northbound lane. The contractor is currently finishing the overlay in the area on the southbound lane and has not begun work in the northbound lane. Using a sealcoat treatment in place of the overlay on the northbound lane would result in a savings of $226,900. This savings from this Change Order will be used to off set the costs of: • Amendment No. 3 to Coym, Rehmet, Gutierrez Engineering, LP for $62,400, and • Amendment No. 3 to LNV Engineering, Inc. in the amount of $205,870. Amendment 3 (CRG) $ 62,400 Amendment 3 (LNV) $205,870 Amendment Total: $268,270 Deductive CO #1 $226,900 Balance to Cover: $ 41,370 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 1 PROJECT NO: 6447 CONTRACT TIME: 160 Calendar Days Operating Department: Street DATE: November 14, 2008 Name cf Project: Street Overlays Cluster 4 - Shoreline Blvd, Contractor: Haas-Anderson Construction, Ltd. CHANGE Add the following quantities to the contract: A4. Milling 0" - 3" (473 SY @ $1.30/SY) A5. Seal Coat (473 SY @ $2.00/SY) AB. HMACP Overlay (3") (Type 0) (473 SY @ $17.20/SY) Deduct the following quantities from the contract: A4. Milling 0" - 3" (-12,789 SY @ $1.30/SY) A8. HMACP Overlay (3") (Type D) (-12,789 SY @ $17.20/SY) ADD $ 614.90 $ 946.00 $8,135.60 DEDUCT ($ 16,625.70) ($219,970.80) TOTAL NET DEDUCT CHANGE ORDER NO. 1: $(226,900.00) Why was this change necessary? (If left off the plans and specifications, explain why) The change in scope of work for Northbound Shoreline Blvd. from Coopers Alley to Furman st.-rs due to the proposed Bayfront Development project. How can similar changes be avoided in the future? Unavoidable, not within the project scope. A. CONTRACT PRICE $ 3,194,089.50 B. TOTAL CHANGE ORDER (inc. current) $ (226,900.00) C. NEW CONTRACT PRICE $ 2,967,189.50 D. THIS CHANGE ORDER $ (226,900.00) E. PERCENT TOTAL CHANGE (B/A) -(7.1)% Project Engineer F. PREVIOUS ADDN'L TIME AUTHORIZED 0 DAYS G. ADON'L CONTRACT TIME THIS CHANGE ORDER 0 DAYS H. TOTAL ADDITIONAL TIME 0 DAYS CITY OF CORPUS CHRISTI, TEXAS By: City Engineer APPROVED: CONTRACTOR Hy: Title: Operating Department Director of Management & Budget Legal Department Auey SEAL, ~ HMACP AS PLANNED ;rnnQy ZEAL COAT E1NLY ,622 SY SHOREL: 3` Mlll. SCAT, g HN 1UNN'DU' 3° MILL, 473 SY Furnnr+ IUND PURMpN AVE1 N.Y.S. 57RE OVERLAYS ~ sRt[r r nr r CLUSTERS 1 2 3 ,;; /ENGINEERING{;,, ~r~a~n ~ ~ , , :~ . ~ engineers &ca nxu rt nntx CfTY of CORPUS CHRdS rt w•a.~wcwn.i~vuirsmxr+~=ameexn~ SHQR£IINE BbUI_EVARD rexas .,+,~ ,<,~~r 0®patm,nt o! Fnginea+ing Serrisea ~ mw. ~a• ~ ~*~ cnr pRaecr / ece~ i C iL i Cii ci ate: ov r 1, ISSUE:.. sannxation of dam Kane Beef Pro ssors, Ino, site and ;a nt properties: 1 E C U C1#. G ;Approval of the disannexation and related agree nfs VI US C CI#. GTIO Council approved a Chap#r 380 Agree ntith Sam Kane Beef Pro ssors, Inc.. on December t; 2008; Council approved an a ndment to the Chapter 380 Agree n# on June 2, 2008. G GLUSIt7 E IO Sam Kane Beef Pro ssors, Inc. is the 84~ largest employer in the Cify vrith over 850 employees and a gross payroll of 29 million. Staff reco nda ppravl of the reus#e isann #ion and' related gr e lrrna Caballero, I3ir#or Economic Development. U 1 F TI Sam a Beef Processors, Inc. (S P) was founded in 1444 in Corpus Christi, Te .Their p ' objective is to pravide customers with high quality meats d service. For t 56 years SKBP grown to an operation that serves to ds of customers throughout the United States. Qn December 14, 244b, City Council approved a Chapter 384 eeent with S P to support the retention of 844 jobs. agreement provided for a revised bi ' structure through December 2047 to defer bi ' of 84°/® of S P utility b° ° gs. The terms of the agreement required repa ant to the City in 24 eq monthly inst ants beg' January 15, 2448 at interest rate of 5.25°l° per annum. Trc consideration of this. action Jerry e has eed to e,payments in-lieu of ad valorem taxes that would. tithe ' e be paid it` all the properties were not di axed. The attached agreements re t t ' co 'tent. Ifthis loan guarantee is not approved, S P has info us ofteir inability to continue.. aperaf result` iri a s° cant eoonaie loss to Corpus Christi. If tlsis fac' ° should close the City will experience the loss of arc payroll of 29 °on and 854 a loyees lase their jobs. Attached are. the draft agreements and dra#i di exation or ' ' es req " by USDA to be approved and executed by Dace r 1, 2008. The P eernent is for a five year to with possible extensions approved by cauncil. if S F to ob loan g tee from the USDA this ° n the ee nt between the. City of Corpus Christi and. S t® disannex the properties. ee Gesso c. ~o. scx ~zs•~ ro;~r'~JS cxRlsrl.l°L~cns ; s~s~ City of Corpus Christi November 14, 2008 Economic Development office Irma Caballero 1201 Leopard Street Corpus Christi, TX 78401 Re: Sam Kane Beef Processors, Int.'s request for Disannexation for the purposes of Qualifying for USDA Rural Loan Guarantee. Dear Ms. Caballero: As you know, we have applied for USDA assistance and requested disannexation fram the 9001 leopard Property. Anew issue has came to light and we have diseussed it with USDA counsel. This requires that more than the 9001 Leopard property be disannexed. Accardingly, there are six (6$ tracts of land that make up the area 6eiween Clarkwoad, Sedwick, Stillwell and Leopard. I believe that disannexation of a portions of tracts 4, 3, 2, and 1 wiEl satisfy the purposes of qualifying as areas that are rural in character. Our continued thanks go to the City in assisting us in implementing any method to accamplish this goal. We else want to infarm you that, pursuant to our obligations under the prior 380 Agreement, we are retaining and maintaining the required job levels and have complied with all ether requirements. Frama JKANE(GEO [maiito:cea@katrebeef,com] Sent;. Wednesday, November 12, 20x8 9:52 PM' Ta: f Barbara Euridge, 1 CHUCK JACKSON; 1 Prisailia Golunga; LARRY MEYRS; 1 JERRY KANElCEO; 1 DAVID KANE PO; 1 ALFRED BAtJSGH. Subject: Fw: Sam Kane Beef acrd USDA _..__ Original Message -____ From: Drew DeBerry <mailta:Drew,DaBerry@fda.state.tx.us? Ta: ceot~kanebeef.aam Sent: Wednesday, Navemtfer 12, 26Q$ 4:38 PM Subject: Sam Kane BeeF and USDR Drew DeBerry Deputy Commissioner Texas Department oP Agriculture Udli~ 0 LUVO LVU(Itll February 26, 2407 To: J ne, Sam a Beef cessors, Inc.. FxO1n' y P an Subj Impaet Multipliers for a}or Meat Praccssing C3porations iro°orsa r. t 5 t O N. Vallcy Mills 'vc, Suiu 300 Waco, T 78710°6076 { ) 75i-9545 Fax j 731•T833 Email: nu/xtom la : www n$roup.cax M.. Ray P , F#c.T3. Prepdrnt As uested, The P Group G} has c ]e an ysis of a o ` to "ultipliors" ly a ex ion of a meat ess° iion. utts givon both for T sand the Cotpus ~sri a for conattuctionlinvcs ent ati . It should p ized t c project is di#I' nt and ould ulu tely be d ado ' od, ° °vid '° h is. Noncthaless, ultipliors cd on "tygieal" proj should be uscfld as a so bic ~ lien. The multiplier for any of action in y d ds an the ant of the spinoff activity that cau be septa . If ~ ally a!l ° is etc ught iu elsewhere, the multiplier wi11 be law. !f they be grout locally, tlta multiplier will be hi Meat proccscing in °fa vory high multipliers; in ether words, this o£activity will gctl tc more benefit to the y dollar of spending or di job than m other actors. a ro n for this p oenan is si iy fact t'faxas is a significant provider of cattle, feed, tioo s i , d o key i uts ugh multiple xo s of p notion p se In order to derive the tcd mul ~ Tiers, simulations of a typical plant were conducted wi ` wntext of the Texas Multi-Bcgio t A ent Sys .This sys was develo more 24 ye ago n consi tly u iittai by G ce t ~ e. It has been n in hu of applications has an acitent reputation fox reliability. The su odds used in this ana is fiect the iquc industrial composition of Texas and Corpus risti area. I'c n Consuaanfs, Inc., and Texas Eoonarnic 1s rs, Inc., are divisions of °lisa Perr n Croup JAN 08,2008 13:29 KANE SAM BEEF P page 2 ~u~• u ev~v ~•~~~~,~ Pale 2 Terry c °£hc asuliipliurs aru sumac d below: tYVJlJJ r v -ks .rani os,zooe zs:sa xaiaE sari $~E~ P page s A iNAGE Dieannex Ordinance 11142008LiNE Page 1 of 3 Page 2 of 3 immediate aotion necessary for the efficient and effective administration of City affairs and {2) suspends the Charter rule that requires consideratian of and eating upan ordinances at two regular meetings sa that this ordinance is passed and takes effect upon first reading as an emergency measure on this the ~ day of November, 2068. ATTEST: Armando Chapa City Secretary APPROVED: This THE CITY OF CORPUS CHRIST! Henry Garrett Mayor day of November, 2008: R. Jay Reining First Assistant Gity Attorney For Gity Attorney Disannex ardinance 9 9 942008LIFIE Corpus Christi, Texas Day of , 2008 TO THE MEMBERS CF THE CITY GCJUNCIL Gorpus Christi, Texas Respectfully, Bi(I Kelly Priscilla G. Leal John E. arez Nelda Martinez Michael McCutohon Respectfully, Henry Garrett, Mayor City of Corpus Christi Page 3 of 8 Disannex Ordinance 9 9142008LINE ORDINANCE SKBP Disannex Ordinance 11142008 Page 1 of 3 Page 2 of 3 and (2) suspends the Charter rule that requires aonsideration of and eating upan ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergenoy measure on this the _____ day of November, 2008. ATTEST: Armando Chapa City Secretary THE CI F CORPUS CHRISTI Henry Garrett Mayor PPROE17: This day of November, 2008: R. Jay Reining First Assistant City Attorney For City Attarney SKBP Disannex Ordinance 11142008 Page 3 of 3 Corpus Christi, Texas Day of , 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Respeotfully, Counoil Members Respectfully, Henry Garrett, Mayor City of Corpus Christi The above ordinance was passed by the fol(awing vote: Bill Kelly Priscilla G. Leal Jahn E. Marez Nelda arkinez Michael McCutchon SKBP Disannex Ordinance 11142008 C} I AN Sam Kane Oisannex Ordinance 11142008 Page 1 of 3 Page 2 of 3 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 November, 2008. ATTEST: THE CITY OF GOUS CHRISTI Armando Chapa Gity Secretary Henry Garrett Mayor APPROVED: This day of November, 2008: R. Jay Reining First Assistant City Attorney For City Attorney Sam Kane Disannez Ordinance 91942008 Page 3 of 3 Corpus Christi, Texas Day of , 2fl08 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Respectfully, Council Members Respectfully, Henry Garrett, Mayor City of Corpus Christi The above ordinance was passed by the following vote: Biil Kelly Priscilla G. Leal John E. arez Nelda Martinez Michael cCutohon Sam Kane Disannex Ordinance 17142086 ORDINANCE Disannex Ordinance i i i42008magil! Page 7 of 8 Page 2 of 3 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 November, 2008. ATTEST: Armanda Chapa City Secretary THE CITY F CORPUS CHRISTI Henry Garrett agar APPROVp: This day of November, 2008: R. Jay Reining First Assistant Gity Attorney For City Attorney Disannex ardinance 19942008magil€ .Page 3 ofi 3 t~especifully, espeetfully; Couneii Members: Nervy Garretif, Mayor City of Corpus Christi: The above ordinance was passed by the following cote; Henry Garrett DisannaxOrdnance.9 9 ti42408mae7ill ORDINANCE Disannex Ordinance 99142008triastman Page 1 of 3 Page 2 of 3 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 November, 2008. ATTEST: Armando Ghapa Gity Secretary THE CITY OF CORPU CHRISTI Henry Garrett Mayor At7VEp: This day of November, 2008: R. Jay Reining First Assistant Gity Attorney For Gity Attarney pisannex ordinance 9114200$triestman Page 3 of 3 Gorpus Ghristi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Gorpus Ghristi, Texas Respectfully, Gouncil Members Respectfully, Henry Garrett, Mayor Gity of Gorpus Ghristi The above ordinance was passed by the following vote: Bill Kelly Priscilla G. Leal Jahn E. Marez Nelda Markinez Michael oGutchon Disannex Qrdinance 9 9 9 42008frieslman i~ A ORDINANCE Disannex Ordnance 119d2008adhub Page 1 of 3 Page 2 of 3 ATTEST: Armando Ghapa Gity Secretary THE CI OF CO PUS CHRISTI Henry Garrett ayar APPROVED: This day of Navember, 2448: R. Jay Reining First Assistant Gity Attarney For City Attarney Disannex ardinance 11142dd8adhub Page 8 of 8 Corpus Christi, Texas Day of , 2448 TO THE MEMBERS OF THE GITY COUNCIL Corpus Christi, Texas Respectfully, Respeotfully, Council Members Henry Garrett, Mayor City of Corpus Christi The above ordinance was passed by the following vote: Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Miohael cCutohon Disannex Ordinance 9 9 9 42008adhub f A I A G Disannex Ordinance 11142008mcmaster Page 1 of 8 laage z of s 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 November, 2008. ATTEST: THE CI OF CORPUS CHRISTI Armanda Chapa Henry Garrett City Secretary ayar APPROVED: This day of November, 2008: R. Jay Reining First Assistant City Attorney For City Attorney Disannex Ordinance 11142008mcmasker Page 3 of 3 Respectfully, Council Members DisannexOrdinance 1 T142008mcmaster' Respectfully, Henry Garrett, Mayor City of Corpus Christi A ORDINANCE Disannex Ordinance 11942006perkins Page 1 of 3 Page 2 of 3 ardinances at two regular meetings so that this ordinanoe is passed and takes effect upon first reading as an emergency measure on this the ~ day of November, 2008. ATTEST: Armando Ghapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED: This day of November, 2008: R. Jay Reining First Assistant City Attorney For City Attorney Disannex Qrdinance 111&2p48perkins Page 3 of 3' Corpus Christi, Texas Day o€ , 20iJ TO THE MEMBERS (?F THE CITY CUNC{L Corpus Christi, Texas Respectfully,. Respectfiully, Henry Garrett, ay€~i City of Carpus Christi Council Members Disannex Ordinance 11142006perkiris Page 1 of 3 A OD1 GE EES, the City Council has determined that this ordinance would best serve public health, necessity, convenience, and the general welfare of the City of Corpus Christi and its citizens. ryO ,,]T EFOE, E IT ORDAINED Y THE Gl GCiNGIL THE GI C}F GVRPt1S GH lv3Tl, TE SECTION 1. If Gladys V Stillwell, executes a contract for services in lieu of annexation, attached as Exhibit "A'°, that an approximately 27.5438 acre #raot of land, as described in the at#ached Exhibit "B", owned by Gladys V Stillwell, located at Stillwell Lane, in Nueces County is disannexed from the City of Corpus Christi. SECTION 2. That the boundaries of the City of Corpus Christi, Texas are adjusted to exclude only that property comprising said 27.5438 sore tract of land as described in Exhibit "A". SEGTIO 3. The disannexation described in Section 1 of this ordinance is effective on the later of the execution of the contract in lieu of annexation or November 30, 2008. SECTION 5. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Carpus Christi. SECTION 6. 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 far the efficient and effective administratian of City affairs and (2} suspends the Charter rule that requires consideration of and voting upon Disannex Ordinance 11142008stillwell Page 2 of 3 ordinances at two regular meetings so that this ordinance is passed and takes effect.. upon first reading as an emeegency measure an this the ~ day of November; 2008. TTESTs THE CITY t7 CORPUS. CNI1 Armando Ghapa Nervy Garrefit City' Secretary Mayor RVEq, This day of November, 2008: R. Jay Reining First Assis#anf City Attarney For Gify A#torney Disannex Oitlinance 11142008atiliwel! Page 3 of 3 Carpus Christi, Texas Day of , 20Q8 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Far the reasons set forth in the emergency clause of the foregoing ordinance an emergenoy exists requiring suspension of the Charter rule as to oonsideration and voting upon ordinanoes at two reguiar meetings: I/we, therefore, request that you suspend said Charter ruse and pass this ordinanoe finally on the date it is introduced, or at the present meeting of the City Caunoil. Respeotfully, Respeotfully, Council Members Henry Garrett, Mayor City of Corpus Christi The above ordinance was passed by the following vote; Disannex Ordinance 11942008stillwell AN ORDINANCE Disannex Ordinance 11942008zvara Page 1 of 3 Page 2 of 9 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 November, 2008. ATTEST: T CI OF CORPUS CHRISTI Armanda Chapa Henry Garrett City Secretary Mayor APPROVED: This day of November, 2008: R. Jay Reining First Assistant City A#tarney For City Attorney Disannex Ordinance 51542008zvara r Page 8 of 3 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY CC}UNCIL Carpus Christi, Texas For the reasons set forth in the emergency Disuse of the foregoing ordinance an emergenoy exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ifwe, therefore, request that you suspend said Charter rule and pass #his ordinance finally on the date it is introduoed, or at the present meeting of the Gity Council. Respeotfuily, Respectfully, Henry Garrett, Mayor Gity of Corpus Christi Council Members The above ordinance was passed by the follawing vote: BIII Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael cCutchon Disannex Ordinance 9 9 9 42008zvara THE STATE OF TE § COU OFNUECES CONTRACT FOR SERVICES I LIEU OF ANNEXATION This Gontraot made and entered into by and between the Gity of Corpus Christi, Texas, a municipal corporation of Nueces County, Texas {"City"}, and Sam Kane Beef Prooessors, Inc., a Texas for-profit corporation, Landowner, {"Company"). 1TNSSTH: HEREAS, Company is the owner of land and improvements on (and within the extraterritorial jurisdiction of the City of Corpus Christi, and HEREAS, under the policy and the provisions of Section 43.0563, Texas Lacaf Government Code, Gity is willing to enter into strategic partnership agreements for the provision of servioes to industries lacated within its extraterritorial jurisdiction in lieu of annexation; and HEREAS, Gity desires #o encourage the retention, updating, expansion, and growth of industries within the City and its environs, and far this purpose desires to enter into this Contract with Company. ,THEREFORE, in consideration of the premises, the mutual contracts of the parties in this Contract oontained and under the authority granted under Section 43.0563, Texas Local Government Cade, Gity and Company agree as follows: A.1. City covenants and agrees that during the term of this Contract, and subject to the terms and provisions of this Gontraot, the land will retain its extraterritorial status as a strategic partnership zane and shall oontinue to retain this status until and unless the Page 1 of 7 Contract for Services In Lieu of Annexation -- Sam Kane -- 11142008 Page 2 of 7 Contract for Services In Lieu of Annexation --Sam Kane -- 11142pp& the term; provided, however„ the effective date and time of annexatian may not be earlier than midnight of November 30 of the final year of the term. {V. V. Page 3 of 7 Contract for Services In lieu of Annexation -- Sam Kane -- 1114200& VI. B. If Company defauits in paying in 6ieu of tax payments under this Contraot, City is entitled to a tax lien on the land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. VII. Company agrees to provide to City at Company's expense, a survey plat and field nets description of the land. Page 4 of 7 Conhact Por Services In Lieu of Annexatian -- Sam Kane -- 11142008 Vtll. (b} If final judgment {after all appellate review, if any, has been exhausted} is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest may be retained for use by City. IX. In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, canstruction oontracts, and professional Page 5 of 7 Contract for Services In Lieu of Annexation -- Sam Kane -- 91142068 XI. fl. This Gantract may be executed in multiple counterparts, each of which is deemed an ariginal. E TE inta this day of November, 2008. ATTST® CI OF CORPUS CHRISTI Armando Ghapa City Secretary 'Angel R. Escobar City Manager LEGAL FOR APPROVED; November ~, 2008 R. Jay Reining First Assistant Gity Attorney For Gity Attorney Page 6 of 7 Contract for Services In Lieu of Annexation -- Sam Kane -- 11142008 CI dF C PUS CHRISTI ACKd LE ENT STATE OF TEXAS CdU TY dF UCS § This instrument was acknowledged befare me on November _, 2008, by 'Angel R. Escabar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the oorporation. Notary Public, State of Texas S E BEEF PRdCESSRS, INC. LAd ER Given under my hand and seal of offioe this day of November, 2008 Notary Publio, State of Texas Page 7 of 7 Contract for Services In Lieu of Annexation -- Sem Kane -- 11142668 THE STATE OF TE COU OFUECES CONTRACT FOR SERVICES IN LIEU dF ANNE TI This Gontraot made and entered into by and between the Gity of Corpus Christi, Texas, a municipal corporation of Nueoes County, Texas {"City"}, [Landowner}, ("Landowner"} and Sam Kane Beef Processors, Inc. {'°Sam Kane"}. WITNSSTH: Page 1 of 7 Gantract for Services In Lieu of Annexation -- Landowner -- 11152008 Page 2 of 7 Contract for Services In Lieu of Annexefion -- Landowner -- 1115248 iv. v. Page 3 of 7 Contract for Services In Lieu of Annexation -- Landowner -- 11152008 VI. B. If Landowner or Sam Kane defauits in paying in lieu of tax payments under this Contract, City is entitled to a tax lien on the land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collectian of delinquent ad valorem taxes. VII. Landowner agrees to pravide to City at Landowner's expense, a survey plat and field note desoription of the land. VIII. Page 4 of 7 Contract for Services In Lieu of Annexation -- Landowner -- 11152448