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Agenda Packet City Council - 08/31/2010
11110111.11111110.111.1001. 11:45 A.M. - Proclamation declaring August 7, 2010 as "CC Killer Beez ASA -B 12 & Under Southern National Champs Celebration Day" Proclamation declaring September 11, 2010 as "Operation K.E.Y.S. — Keeping Every Youth in School Day" Proclamation declaring the month of September 2010 as "National Alcohol & Drug Addiction Recovery Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 AUGUST 31, 2010 12:00 P.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 4:00 p.m., or 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 limitedo, habra un interprete ingles- espanol 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 Joe Adame to call the meeting to order. B. Invocation to be given by Chaplain Lynn Blackler, Christus Spohn Health System. 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 Joe Adame Mayor Pro Tem Brent Chesney Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting August 31, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: (None) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #1) 1. * Committee for Persons with Disabilities * Community Youth Development (78415) Program Steering Committee * Human Relations Commission * Water Resources Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Agenda Regular Council Meeting August 31, 2010 Page 3 3. 4. 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Public Library for state fiscal year 2010 -2011. (Attachment #2) b. Ordinance appropriating $143,018 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2010 -2011. (Attachment #2) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $ 378,821 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011. (Attachment #3) b. Ordinance appropriating $378,821 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011. (Attachment #3) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $78,767 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the state fiscal year 2010 -2011. (Attachment #4) b. Ordinance appropriating $78,767 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011. (Attachment #4) a. Resolution authorizing the City Manager or his designee to execute an amendment to an Interagency Cooperation contract with the Texas Historical Commission (THC), which Agenda Regular Council Meeting August 31, 2010 Page 4 6. 7. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) extends the term of the contract six months, thereby providing a contract term from January 1, 2010 through July 31, 2011; and which increases the funding provided by the THC for the payment for services to be conducted in accordance with the contract, from $30,000 to $50,000, therein providing additional funding of $20,000. (Attachment #5) b. Ordinance appropriating $20,000 from the Texas Historical Commission (THC) in the No. 1069 Museum Grants Fund, to fund the THC salary increase for payment for services from $30,000, which was previously appropriated by Ordinance No. 028416 approved on the 17th day of November, 2009, to the amended amount of $50,000, for services to be conducted in accordance with the first amendment of the THC contract; services to be performed include the re- inventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History. (Attachment #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 $503,500 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 2010 — 2011, Contract Period September 1, 2010 through August 31, 2011. (Attachment #6) b. Ordinance appropriating $503,500 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 2010 -2011, Contract Period September 1, 2010 — August 31, 2011. (Attachment #6) a. Ordinance authorizing the City Manager or his designee to execute an agreement with Bayfest, Inc. for Bayfest 2010 and related activities to allow use of Shoreline Boulevard including sidewalks, seawall and park areas from Power Street to Resaca Street during September 14 through September 29, 2010; provide for Bayfest, Inc. paying 50% Police and 100 % of all other City costs. (Attachment #7) Agenda Regular Council Meeting August 31, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion approving an admission fee for Bayfest of seven dollars, ($7.00) per day for adults and three dollars, ($3.00) per day for military, seniors, children between the ages of seven to twelve and persons with mobility assistance devices. Children ages six and under are admitted free. (Attachment #7) 8. Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2010 Festival beginning, Tuesday, September 14, 2010 through Wednesday, September 29, 2010 (Exhibit B). (Attachment #8) a. The temporary street closure of Resaca Street between the intersection of Resaca Street, Chaparral Street and the intersection of Resaca Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. (Attachment #8) b. The temporary street closure of Fitzgerald Street between the intersection of Fitzgerald Street and Chaparral Street and the intersection of Fitzgerald Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. (Attachment #8) c. The temporary street closure of Palo Alto Street between the intersection of Palo Alto Street and Water Street and the intersection of Palo Alto Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. (Attachment #8) d. The temporary street closure to eastbound traffic only of Palo Alto Street between the intersection of Palo Alto Street and Chaparral Street and the intersection of Palo Alto Street and Water Street, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. (Attachment #8) e. The temporary street closure of Water Street between the intersection of Water Street and Palo Alto Street to the intersection of Water Street and Resaca Street; beginning at Agenda Regular Council Meeting August 31, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. (Attachment #8) f. The temporary street closures of Shoreline Boulevard and the Barge Dock, between Power Street and the Art Museum of South Texas, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. (Attachment #8) 9. Ordinance authorizing the City Manager or his designee to execute a second amendment to the lease agreement between the City, Atlantic Aviation FBO Holdings, LLC, and Mercury Air Center -- Corpus Christi, Inc., to extend the term of the lease until January 14, 2011. (Attachment #9) 10. Ordinance abandoning and vacating a 10,803 - square foot portion (0.248 Acres) of a 15 -foot wide utility easement out of Farmer's Row Subdivision, Block 1, Lot 4, and a portion of Flour Bluff & Encinal Farm & Garden Tracts, Section 10, Lots 2 and 15; requiring the owner, R. L. Owens, to comply with the specified conditions. (Attachment #10) 11. a. Ordinance abandoning and vacating a 3,706.474- square foot portion of a 10 -foot wide utility easement out of Wilkey Addition Unit 2, Lot E, easement being located just south of the South Padre Island Drive public right -of -way, and west of the Airline Road public street right -of -way; requiring the owners, A & W Retail, LTD, to comply with the specified conditions. (Attachment #11) b. Ordinance abandoning and vacating a 1,855.980- square foot portion of a 5 -foot wide utility easement out of Wilkey Addition Unit 2, Lot 1, easement being located just south of the South Padre Island Drive public right -of -way, and west of the Airline Road public street right -of -way, requiring the owners, 4625 LTD, to comply with the specified conditions. (Attachment #11) 12. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College, which provides a grant of up to $173,223 for an Intern Program to support Small Businesses and authorizing the City Manager or his designee to execute a Agenda Regular Council Meeting August 31, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar Small Business Incentives Agreement. (Attachment #12) 13. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A &M University - Corpus Christi, which provides a grant of up to $190,635 for an Intern Program to support Small Businesses and authorizing the City Manager or his designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A &M University - Corpus Christi Small Business Incentives Agreement. (Attachment #13) 14. Resolution approving an Agreement to grant Small Business Incentives between the Corpus Christi Business and Job Development Corporation and Score Chapter 221, which grants $50,000 in Small Business Incentives for the operation of a program to assist small and start-up businesses in Corpus Christi and authorizing the City Manager or his designee to execute a Business Incentives Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant small business Incentives. (Attachment #14) 15. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Coastal Bend Workforce Development Board that provides a grant of up to $20,880 for Workforce Solutions' Small Business Employer Intern Program and authorizing the City Manager or his designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Coastal Bend Workforce Development Board Small Business Incentives Agreement. (Attachment #15) 16. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc., which provides grants of up to $375,000, for the Interest Buy -Down and Grant Programs for Small Businesses and authorizing the City Manager or his Agenda Regular Council Meeting August 31, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Accibn Texas Small Business Incentives Agreement. (Attachment #16) 17. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the FastTrac® Growth VentureTM Program, which will provide up to $120,000 in grants to program participants who create and retain new jobs for their businesses, and authorizing the City Manager or his designee to execute a Small Business Incentives Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Small Business Incentives Agreement. (Attachment #17) 18. Second Reading Ordinance - Amending Chapter 14 "Development Services," Article XIII, "Development Services Fees ", Division 1, "Technical Construction Code Fees ", Section 14 -1302, "Standardized Building Valuation "; Section 14 -1304, "Processing And Plan Review Fee "; Section 14 -1306, "Special Fees "; Section 14 -1307, "Reduced Fees "; Section 14 -1312, "Accounting "; and Section 14 -1313, "Technical Construction Code Fee Schedules ", of the Code of Ordinances, City of Corpus Christi, to provide for minimum permit fees, simplified methods to calculate Building Permit Fees and Plan Review Fees; to provide for expedited Plan Review by Internal Staff; to provide for customized Plan Review; to provide discounts of Fees to Permit Holders meeting certain requirements; to provide for Special Inspections on non- standard days and hours; to provide for Certificates of Completion to Shell Buildings; to provide for Fees for Construction Site Offices, Fees for both standard and duplicate Certificates of Occupancy, Fees for Temporary Events, Penalty Fees, Inspections Outside of the City Limits, Electrical Permit Fees, Plumbing Permit Fees, Mechanical Permit Fees, Fuel Gas Permit Fees, Swimming Pool Fees; and providing for Fees for existing applications made prior to the effective date; providing a repealer clause; and providing an effective date of October 1, 2010. (First Reading — 08/24/10) (Attachment #18) Agenda Regular Council Meeting August 31, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I. 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. 19. Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 20. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. J. PUBLIC HEARINGS (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 21. a. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. (Attachment #21) b. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and HillCo Partners for state governmental relations services. (Attachment #21) c. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services. (Attachment #21) Agenda Regular Council Meeting August 31, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) 22. Motion authorizing the City Manager to execute a Commercial Energy Sales Agreement for deliveries of electricity and necessary, related services at an energy price not to exceed 7 cents per kWh plus standard delivery services charges, effective September 2010 and extending up to December 31, 2013 for certain electric accounts in the area served by Nueces Electric Cooperative. (Attachment #22) 23. Motion authorizing the City Manager or his designee to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas, in the amount of $6,890,519.50 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (Bond 2008) and Mansheim Area Improvements (CIP FY 2010) for the total base bid for Part 1 and Part 2. (TABLED ON AUGUST 17, 2010) (Attachment #23) 24. Ordinance approving the assignment of a lease agreement at the Airport with MDC Corpus, LLC, to TCC Davis Holdings, LLC; authorizing the City Manager or his designee to execute the assignment and assumption instrument between all parties. (Attachment #24) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Discussion regarding Fiscal Year 2011 Capital Improvement Program. (Attachment #25) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE 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 FORM AT 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: Agenda Regular Council Meeting August 31, 2010 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. CITY MANAGER'S COMMENTS: 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on entrance to City Hall, 1201 August 26, 2010. the City's official bulletin board at the front Leopard Street, at ,2 3b p.m., on 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 the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. AUGUST 31, 2010 12:00 P.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: K. REGULAR AGENDA 24.1. OPTION 1 a. Ordinance setting a property tax rate of $0.582269 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for Tax Year 2010 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. b. Ordinance amending. the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing the estimated revenues far ad valorem taxes in Fund No. 1020 General Fund by $409,138 and decreasing the estimated revenues for ad valorem taxes in Fund No. 2010 Debt Service Fund by $1,468,468. OPTION 2 c. Ordinance setting a property tax rate of $0.563846 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for Tax Year 2010 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. d. Ordinance amending the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by decreasing the estimated revenues and expenditures in Fund No. 1020 General Fund by $1,987,195 each, and decreasing the estimated revenues for ad valorem taxes in Fund No. 2010 Debt Service Fund by $1,486,646. 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 ~ ~ 50 p.m., August 27, 2010. Armando Chapa City Secretary City Council Goals 2010 -2011 La Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase 11 Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 a. COMMITTEE FOR PERSONS WITH DISABILITIES — One (1) vacancy with term to 2 -1 -11. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city' s Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non- voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE Thomas Dreyer 2 -01 -12 2 -19 -08 Abel Alonzo, Chair 2 -01 -12 7 -12 -05 Harvey Salinas 2 -01 -11 2 -20 -07 Dr. Candelario Huerta 2-01-11 1 -27 -09 ***Herman Lee Jones II 2 -01 -11 2 -20 -07 Maria B. Romero 2 -01 -12 2 -09 -10 Irene Martinez 2 -01 -12 2 -19 -08 Carlos Vargas 2 -01 -11 11 -11 -08 Darren Bates 2 -01 -11 3 -09 -10 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio (The Committee for Persons with Disabilities is recommending the new appointment of Alana Manrow.) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Kristin Aldrighetti Raymundo G. Garcia Currently Attending College. Received SBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University - Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (10 -5 -09) Retired, United States Postal Service. Received Associates Degree in Science from Del Mar College. Activities include: Pan American Golf Association and Teach Driver's Safety Courses for the AARP. (11 -9 -09) Andrea B. Green Bookkeeper, Habitat for Humanity. Received BA in International Relations and MS in Accounting. (4- 20 -09) Harry Hallows Keron E. Hasley President, Hallows Realty Advisors. Retired Certified Property Manager. Real Estate Broker. Former Teaching Assistant and Senior Lending Officer. Received a Bachelors Degree in Behavioral Management Science from University of Houston. (8- 26 -10) Assistant Cashier, IBC Bank. Attended Del Mar College. Activities include: United Way Allocations Committee. (4- 17 -09) Kevin Horrigan Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Susanne M. Lunsford CEO- President, Real fEstate Global Sol LLC. Attended College. Activities include: Rotary Club, PIBA and ADA. (4- 23 -09) Alana D. Manrow Director of Public Affairs, South Texas Lighthouse for the Blind. Received BA in Communications from Texas A &M University - Corpus Christi. Activities include: Volunteer for Local Non - Profits and Church. Foster Parent. Advocate for the AbilityOne Program. (8 -5 -10) Joel S. Mumphord Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) James Russell Retired, United States Air Force and City of Corpus Christi- Engineering and MIS Departments. Attended College and Military Electronics School. Activities include: Boating and International Municipal Signal Association. (5- 14 -10) Ernest M. Trevino, Jr. Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient Good Conduct Medal, United States Air Force. (12- 26 -08) Leonard (Leo) Vasquez, Jr. Retired, Disabled Veteran. Attended Del Mar College and University of Maryland. Activities include: Veterans Service Office - Disabled American Veterans District Adjunct, Representative /Advocate. Recipient of 1992 Corpus Christi Caller -Times Volunteer of the Year Award, Texas National Guard/Adjunct General Performance Recognition Medallion and 2005 Presidential Medal of Freedom Nominee. (1- 14 -10) Jose R. Villanueva, Jr. Retired. Senior Companion Volunteer. (12- 23 -09) 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) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) b. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Seven (7) vacancies with terms to 8 -31 -11 and 8- 31 -12, 4 must be representing the 78415 Zip Code Area and 1- Youth. (Youth member 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 date for this committee was set as August 31, 2005, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE *Fr. Peter Martinez (78415 Res), Vice Chair 8 -31 -10 2 -19 -08 *Belinda Barrera 8 -31 -10 10 -13 -09 Sal Hernandez (78415 Resident) 8 -31 -11 2 -10 -09 *Jean Marie Giegerich 8 -31 -10 6 -09 -09 *Linda Moyer (78415 Resident), Chair 8 -31 -10 2 -19 -08 Rosa "Linda" Rincon (78415 Resident) 8 -31 -11 1 -16 -07 Shon Jimenez 8 -31 -11 2 -23 -10 ***Rosa E. Pizzi (78415 Resident) 8 -3141 8 -18 -09 * *Jim Boller III 8 -31 -10 2 -19 -08 * * *Belissa Perea (Youth) (78415 Resident) 8 -31-10 10 -13 -09 Xiao Bohannon (Youth) 8 -31 -11 11 -18 -08 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Fr. Peter Martinez (78415 Res.) 4 2(2exc) 50% Belinda Barrera 3 1 33% Jean M. Giegerich 4 3 75% Linda Moyer (78415 Res.) 4 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST Angelica Carmona Sandra Clement Jeremy Coleman Susie Crowson Salon Manager, Planet Sol Hair Salon. Attended Texas A &M University- Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) South Park Middle School Principal, Corpus Christi Independent School District. Received Bachelor of Science, Master of Science in Counseling and Master of Science in Educational Administration from Texas A &M University - Corpus Christi. Activities include: National Association of Secondary School Principals, Phi Delta Kappa, and Corpus Christi Principal and Supervisors Association. (6 -5 -09) Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (4- 29 -09) Jeff Fonseca Owner, Green Tree Lawn Care. (7- 31 -09) Melanee Gonzalez Senior, Mary Carroll High School. Activities include: Youth Action Committee. (Youth) (8- 25 -10) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed' Committee. Activities include: Tutoring. (6 -4 -09) Sandra L. Jackson Equipment Specialist, Corpus Christi Army Depot. Received Associates Degree in Liberal Arts from Del Mar College. Attending Texas A &M University - Corpus Christi. Activities include: NAACP, Blacks in Government -Vice President and Black Writer's Association. (5- 21 -09) Dee Lewis Director of Operations, Superior HealthPlan. Received BSW and MBA. (1- 11 -10) Armando Mendez Gerard Navarro, Jr. Sylvia T. Porta les Eulalia Puentes Sandra M. Rivera General Clerk III, L -3 Communications and Equipment Specialist, Corpus Christi Army Depot. Received BBA in Business Administration from Texas A &M University - Corpus Christi. Activities include: Bay Area Fellowship Member and Sigma Phi Epsilon Alumni Association of Corpus Christi. Recipient of Senior Marshall Sigma Phi Epsilon Award, Leadership Award Sigma Phi Epsilon and Omicron Delta Epsilon Economics Honor Society. (5 -7- 10) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Appraiser IV, Nueces County Appraisal District. Attended Business College. Past Regional Director of TAAO. Activities include: Local Coastal Bend Chapter TAAO. (9- 9 -09) Retired. Attended College. Formerly Served as Commissioner of Housing Authority. Activities include: Elections. (2-9-10) Lottery Specialist, Texas Lottery Commission. Attended Del Mar College. Received BBA and MBA from University of the Incarnate Word. Activities include: HEB Feast of Sharing, Angel Food Ministries, Bayfest, Habitat for Humanity and State Charitable Campaign. Recipient of South Texas Academic Rising Star Scholarship and Hispanic Scholarship Fund/Wal-Mart Stores, Inc. (78415 Resident) (6 -8 -10) Marisa Chelsea Sanchez Senior, Mary Carroll High School. Activities include: Youth Action Committee, YMCA Youth and Government Committee. (Youth) (8- 26 -10) Norma Solis Teacher, Corpus Christi Independent School District. Received BS in Elementary Education with Bilingual Certification and MS for School Counselor. (78415 Resident) (5- 28 -09) Scot Taylor Store Manager, Factory Builder Stores. Activities include: Builder Association of Corpus Christi. (8- 11 -09) Jesus M. Trevino Currently attends College. (78415 Resident) (8- 26 -09) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) c. HUMAN RELATIONS COMMISSION — One (1) vacancy with term to 6- 14 -11. (Appointed by the Mayor with approval of the Council) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex- officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES Ramiro H. Gamboa, Chairperson (6- 14 -11) 6 -14 -11 1 -15 -08 Kathleen (Katy) Cooper 6 -14 -11 2 -23 -10 Denise S. Villagran 6 -14 -13 6 -29 -10 Robert Adler 6 -14 -12 6 -22 -04 Edna Arredondo 6 -14 -12 8 -12 -08 Lucy Reta 6 -14-12 6 -22 -04 *Vacant 6 -14 -11 Rev. Derrick Reaves 6 -14 -11 7 -11 -06 Elias Valverde 6 -14 -13 6 -29 -10 Margie Myers (Selling Dwellings) 6 -14 -13 7 -24 -07 Toni Cole Davis (Rental Dwellings) 6 -14 -12 7 -07 -09 Jacob Sendejar (Youth) 6 -14 -11 8 -12 -08 Zachary R. Zepeda (Youth) 6 -14 -11 6 -29 -10 Janet Zuniga (Youth) 6 -14 -11 6 -29 -10 Abel Alonzo (Com. Per. Dis. Chair), Ex- officio (Voting) Robert Garza (Legal Aide Society), Continuous (Note: On June 29, 2010 City Council appointed Judith Labeck. She declined that appointment.) (The Human Relations Commission is recommending the new appointment of Robert Franklin.) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Kristin Aldrighetti Currently Attending College. Received BBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University - Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (10 -5 -09) Rodney Buckwalter Robert A. Franklin Shannon Gabriel Issac Gonzales Timothy Goss Director, Vendor Management, First Data. Received AA from Del Mar College, and BA and MS from Texas A &M University- Corpus Christi. Currently working on PhD. Activities include: Texas A &M University- Corpus Christi Alumni Association and Del Mar College Business Development Advisory Committee. (6 -5 -09) Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. (7- 15-09) Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (8- 14 -09) Customer Service Representative, Signature Flight Support. Attending Del Mar College. (5- 11 -10) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School --- Read, Writes, and Speaks Japanese. (4- 21 -09) Harry Hallows Willie R. Hardeman, Sr. William Paul Hunt Bennel Jackson Jacey Jetton Peter G. Melve Ronald J. Moore Joel S. Mumphord President, Hallows Realty Advisors. Retired Certified Property Manager. Real Estate Broker. Former Teaching Assistant and Senior Lending Officer. Received a Bachelors Degree in Behavioral Management Science from University of Houston. (8- 26 -10) Federal Investigator, Federal Government. Attended College. Activities include: NAACP and HARP. Recipient of Torch Bearer Award and State Civil Rights Award. (6- 11 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Semi- Retired, Nurse. Activities include: Pilgrims Baptist Missionary Church. (3- 10 -10) Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18 -09) Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3 -2 -09) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (10 -6 -09) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy /Smith International. (8- 24 -09) Michael 0. San Miguel Woodrow Mac Sanders Brian Solarek Sallie Spradlin Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology/Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4- 24 -09) Logistics Lead, Boeing. Received .Bachelor's Degree in Management. (4- 14 -09) Self - Employed, Piano and Voice Teacher. Substitute Teacher. Activities include: Beach Clean -Up Days, Member of the Corpus Christi Museum of Science and History, Parent/Reading Readiness Volunteer at Seashore Learning Center, Volunteer Grief Counselor, Pastoral Counselor, and Music Director /Stage Manager /Supervisor at Harbor Playhouse. (6- 26 -09) Jennifer Taylor IT Recruiter, Integrity Workforce Solution. Received Associates Degree - Paralegal. (8- 10 -09) d. WATER RESOUCES ADVISORY COMMITTEE — Five (5) vacancies with terms to 4 -1 -12 representing the following categories: 1— representative of the Port Industries of Corpus Christi, 1— representative of a school district located within the City, 1— representative of landscaping /nursery/horticulture interest, 1— representative of apartment owners associations and 1- citizen at large. (Appointed by the Mayor with approval of the Council) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping /nursery/horticulture interest; 1 - representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve as ex- officio member(s). MEMBERS Don Roach (Wholesale Treated) Jeff Edmonds (Residential Cust.) Michael Cox (Lg. Commercial) *Frank C. Brogan (Port Industries) *Mary K. Fant (School District) Mark Stroop (Military Facility) * *Leland R. Johnson (Landscaping) * *Tonya Hayden (Apt. Owners) *Ruth Blake (Citizen at Large) Council Member Larry Elizondo Council Member Mark Scott TERM 4 -01 -11 4 -01 -11 4 -01 -11 4 -01 -10 4 -01 -10 4 -01 -11 4 -01 -10 4 -01 -10 4 -01 -10 Ex- officio, non- voting Ex- officio, non - voting ORIGINAL APPTD. DATE 9 -22 -09 3 -11 -08 3 -20 -07 12 -12 -06 12 -12 -06 3 -20 -07 3 -20 -07 6 -17 -08 12 -12 -06 9 -22 -09 9 -22 -09 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Frank Brogan (Port Industries) 1 Mary K. Fant (School District) 1 Ruth Blake (Citizen at Large) 1 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance * * * * *Has met six -year service Iimitation NO. PRESENT 1 1 1 % OF ATTENDANCE LAST TERM YEAR 100% 100% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Cindy Boston Curt L. Broomfield Brian Burke Michael Creacy Anthony Gavlik Austin Harbin James Hoenscheidt William Paul Hunt Manager, Orion/The Rafter Apartment Homes. Activities include: Apartment Owner's Association. Certified Apartment Manager. (Apartment Owners Representative) (8- 11 -10) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (Citizen at Large) (9 -8 -09) Retired. Formerly Senior Management, Health Care Administration. Received a Bachelor Degree in Psychology and master Degree in Public Administration. Activities include: Botanical Gardens and Sierra Club. Advocate of Water Conservation and Landscape Projects to Lower Water Use. (Landscaping) (4- 30 -10) Supervisor/Branch Chief, Corpus Christi Army Depot. Received AAS from Del Mar College and Attending University of Incarnate Word. Activities include: Federal Managers Association and American Heart Association CRP Lifesaver and AED Instructor. Recipient of Achievement Medal for Civilian Service, Special Act or Service Award, Letter/Certificate of Commendation and Boy Scouts of America District Award of Merit for Community Volunteer Awards. (Citizen at Large) (5 -7 -10) EIT, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University - Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (Citizen at Large) (4- 15 -09) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (Citizen at Large) (3- 22 -10) Broker Associate, Joe Adame & Associates, Inc. Attended College. Special Award for Value Improvement Program (Citizen at Large) (5- 28 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Citizen at Large) (6 -4 -09) Ed Labay Jerry Lipstreu Ron Maxwell Tala Meyer Gerard Navarro, Jr. Keith Parker Michael W. Potter Meghan Reger Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University - College Station. (Citizen at Large) (4- 16 -09) Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (Citizen at Large) (4- 30 -09) Self - Employed, Landscape Contractor and Master Gardener. Received BS in Plant and Soil Science from Texas A &I University at Kingsville. (Landscaping) (4 -30- 10) Financial Advisor, Edward Jones Investments. Received BBS from University of Wisconsin - Whitewater and Attended Graduate Classes in Communication at Arizona State University. Activities include: Coastal Bend American Red Cross Board Member. Graduate of Leadership Corpus Christi and Leadership Texas. Formerly Served on Boards of Ronald McDonald House, Casa D'Amor, Leadership Alumni, Literacy Council and Corpus Christi Credit Counseling. (Citizen at Large) (8 -9- 09) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (Citizen at Large) (5- 14 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC /Loan Review Committee. (Citizen at Large) (4- 23 -09) Horticulture Extension Agent, Texas Agrilife Extension Service. Received Masters of Science in Plant and Soil Science - Horticulture. Activities include: Beautify Corpus Christi, Xeriscape Steering Committee and Northwest Pony League. (Landscaping) (4- 30 -10) Teacher, Corpus Christi Independent School District. Received Bachelor of Science from Linfield College at Portland, Oregon and Masters of Public Health from Emory University at Atlanta, Georgia. Activities include: Neighborhood Clean Up. (Citizen at Large) (11- 18 -09) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy /Smith International. (Citizen at Large) (8- 24 -09) Robert S. Schmitchel Lyndon Smiling Steve Trubatisky President, ABC Irrigation, Inc. Activities include: American Backflow Prevention Association. Recognized in the Caller -Times "Leaders in Business" Section. (Citizen at Large) (5- 13 -09) Project Manager, Derco Aerospace. Received BS in Technical Management from Embry - Riddle Aeronautical University. (Citizen at Large) (12 -7 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (Citizen at Large) (2- 11 -09) 2 AGENDA MEMORANDUM DATE: August 31, 2010 SUBJECT: Corpus Christi Public Library Interlibrary Loan for state fiscal year 2010 -2011 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $ 143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2010 -2011. b) Ordinance appropriating $ 143,018 from the Texas State Library and Archives Commission into the Library Grants Fund no. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2010 -2011; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds regional Interlibrary Loan Centers in Texas each fiscal year. Corpus Christi Public Library has been a regional referral center since 1967 -68 and continues to be so designated in the state fiscal year 2010 -2011. The purpose of Interlibrary Loan is to facilitate the lending and borrowing of books and other materials among libraries throughout the United States. Participating libraries in the 26 counties of South Texas are assigned to route their requests through this regional center. The contract will provide personnel funds for three full -time staff members, costs for use of the computerized lending network, supplies, equipment maintenance, printing, postage, telephone, and travel. In addition, the city will receive $7,309 in indirect costs, which is calculated at 14 percent of direct salaries. No funding will be required or requested from the City. The grant period is for September 1, 2010 through August 31, 2011. The grant for SFY 2009 -10 was $140,018. REQUIRED COUNCIL ACTION: Appropriation of funds requires City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. -76,4 Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $143,018 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2010.2011. 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 accept a grant in the amount of $143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2010 -2011. ATTEST: Armando Chapa Assistant Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: August 20, 2010. orah Walther Brown ssistant City Attorney For City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE APPROPRIATING $143,018 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2010 -2011; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $143,018 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2010 - 2011. 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 31st day of August, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: August 20, 2010 eborah Walther Brow Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2010 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 3 AGENDA MEMORANDUM Date: August 31, 2010 SUBJECT: South Texas Library System grant for state fiscal year 2010 -2011 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $ 378,821 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011. b) Ordinance appropriating $ 378,821 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission (TSLAC) designates and funds ten regional library systems each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System (STLS) since 1971 -72 and continues to be so designated in state fiscal year 2010- 2011. 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. The plan of service and budget are developed in consultation with: member library representatives; an advisory council of six laymen; the director of Corpus Christi Public Libraries; and Texas State Library and Archives Commission. Current projects that will be continued are: Administration, Consulting including Literacy, and Continuing Education. The contract provides funds for four full -time staff members, library materials, supplies, equipment, telecommunications, travel, postage, printing, and professional services. Corpus Christi Public Libraries will receive $4,000 in adult literacy services. In addition, the City will receive $25,645 in indirect costs calculated at 14 percent of direct salaries. No funding will be required or requested from the City. The grant is from September 1, 2010 through August 31, 2011. The amount for SFY 2009 -10 was $ 378,906. The total amount disbursed for Texas systems is $4,175,000, and is distributed based on the following formula: 34 %- of total amount is divided equally among systems 33 %- of the amount is proportioned by the number of member libraries in the system 33 %- is proportioned on a per capita basis of the population residing within system boundaries A $300,000.00 minimum grant is given to those systems that do not meet formula requirements, i.e., the smaller populated systems based in Abilene, Amarillo, El Paso, and Lubbock. The amounts awarded appear below. The number in parenthesis represents the number of public libraries in the system. South Texas Library System Grant Page Two Houston Area Library System (68) - Houston $645,687 North East Texas Library System (105) - Garland $643,233 Central Texas Library System- Austin (79) $473,272 North Texas Regional Library System (73) - Fort Worth $468,609 South Texas Library System (54) - Corpus Christi $378,821 Alamo Area Library System (46) - San Antonio $365,378 Big Country Library System (39) - Abilene $300,000 Texas Panhandle Library System (27) - Amarillo $300,000 Texas Trans Pecos Library System (13) - El Paso $300,000 West Texas Library System (34) - Lubbock $300,000 REQUIRED COUNCIL ACTION: Appropriation of funds requires City Council approval. RECOIVI ENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $378,821 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2010 -2011. 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 accept a grant in the amount of $378,821 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2010 -2011. ATTEST: Armando Chapa Assistant Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: August 20, 2010. eborah Walther Bra Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE APPROPRIATING $378,821 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2010 -2011; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $378,821 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2010- 2011. 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 31st day of August, 2010. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: August 20, 2010 eborah Walther Assistant City Att For City Attorney Corpus Christi, Texas day of , 2010 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 4 AGENDA MEMORANDUM Date: August 31, 2010 SUBJECT: South Texas Library System Technical Assistance Negotiated Grant for state fiscal year 2010 -2011 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $78,767 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the state fiscal year 2010 -2011. b) Ordinance appropriating $78,767 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional library systems in Texas each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System since 1971 -72 and continues to be so designated in state fiscal year 2010 -2011. Each regional Library system is eligible to apply for a Technical Assistance Negotiated Grant to aid public library staff in using and maintaining information resource technology. South Texas Library System (STLS) provides supplementary services to its fifty-four member libraries in a twenty -six county area of South Texas. The Technical Assistance Negotiated Grant will provide technology support and training to those fifty -four member libraries including Corpus Christi Public Library, which is a fully participating member as well as the administrative headquarters for South Texas Library System. The contract will provide personnel funds for one full time staff member and associated costs for telecommunications, equipment, professional services, travel, and supplies. The City will be reimbursed $5,850 for administering this grant; this indirect cost recovery is calculated at 14 percent of salaries. No funding will be required or requested from the City. The grant period is for September 1, 2010 through August 31, 2011. The amount for SFY 2009 -10 was $ 80,000. REQUIRED COUNCIL ACTION: Appropriation of funds requires City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $78,767 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2010 -2011. 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 accept a grant in the amount of $78,767 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2010 -2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Assistant Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: August 20, 2010. borah Walther Brown Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott J AN ORDINANCE APPROPRIATING $78,767 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2010 -2011; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $78,767 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2010 -2011. 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 31st day of August, 2010. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED ASTOO''FORM: August 20, 2010. a f eborah Walther B1 Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2010 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: llwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31. 2010 AGENDA ITEM: a. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO AN INTERAGENCY COOPERATION CONTRACT WITH THE TEXAS HISTORICAL COMMISSION (THC), WHICH EXTENDS THE TERM OF THE CONTRACT SIX (6) MONTHS, THEREBY PROVIDING A CONTRACT TERM FROM JANUARY 1, 2010 THROUGH JULY 31, 2011; AND WHICH INCREASES THE FUNDING PROVIDED BY THE THC FOR THE PAYMENT FOR SERVICES TO BE CONDUCTED IN ACCORDANCE WITH THE CONTRACT, FROM $30,000 TO $50,000, THEREIN PROVIDING ADDITIONAL FUNDING OF $20,000. b. ORDINANCE APPROPRIATING $20,000 FROM THE TEXAS HISTORICAL COMMISSION (THC) IN THE NO 1069 MUSEUM GRANTS FUND, TO FUND THE THC SALARY INCREASE FOR PAYMENT FOR SERVICES FROM $30,000, WHICH WAS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 028416 APPROVED ON THE 17TH DAY OF NOVEMBER, 2009, TO THE AMENDED AMOUNT OF $50,000, FOR SERVICES TO BE CONDUCTED IN ACCORDANCE WITH THE 1ST AMENDMENT OF THE THC CONTRACT; SERVICES TO BE PERFORMED INCLUDE THE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTION HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY; AND DECLARING AN EMERGENCY. ISSUE: The artifacts recovered in the excavation of La Belle in 1996 -97 have been conserved at the Conservation Research Laboratory at Texas A & M University and transferred to the Museum's repository. In the original contract the Texas Historical Commission (THC) provided $30,000 for hiring a person to do a methodical and comprehensive re- inventory which was to be completed by December 31, 2010. In this 1st amendment to the contract the THC provides an additional $20,000 to extend the contract period to July 31, 2011 and expands the scope of work to include doing historical research and independent analysis and then use the findings to write /edit chapters of a published technical report. Also included is funding for travel for meetings in Austin when necessary. REQUIRED COUNCIL ACTION: Approve the ordinance and motion PREVIOUS COUNCIL ACTION: Contract approved by City Council November 17, 2009 FUNDING: An additional $20,000 will be provided by the Texas Historical Commission. CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve this resolution. —43— Rick Stryker Museum Director 826 -4660 ricks( cctexas.com BACKGROUND INFORMATION The Texas Historical Commission (THC) provided $30,000 for a methodical and comprehensive re- inventory of the collections held at the Corpus Christi Museum. Work began in February 2010 ensuring that each artifact held in the collection correlates with an artifact described in the database. This amendment to the contract, funded entirely by the THC, provides an additional $20,000 to fund historical research and artifact analysis which will then be used in writing /editing chapters for a published technical report. Also provided is funding for travel to Austin for consultation with THC staff when necessary. This additional work extends the period of the project through July 31, 2011. This work will be done by a temporary employee hired to perform this work under the supervision of the Museum's Collection Manager, Ashley Henderson, Other related but separate projects are also in process. Matching funding is also provided to the Museum for improvements to collection storage and other projects intended to improve access to the collection and the story of La Salle in South Texas. The Friends of the Museum raised the money to match this funding. The Corpus Christi Museum of Science and History is the marine archeological repository for the State of Texas. Two of the most important marine archeology collections in the world are housed at the Museum: San Esteban and Santa Maria de Yciar, Spanish ships that wrecked off Padre Island in 1554 and La Belle, La Salle's French ship that wrecked in Matagorda Bay in 1686. La Belle was discovered in Matagorda Bay by the Texas Historical Commission in 1995 and was excavated in 1996 -97. Extensive conservation of the artifacts recovered is required of artifacts from marine shipwrecks. The initial conservation work on the artifacts recovered during the test excavation in 1995 was done in the Corpus Christi Museum's conservation lab by Ships of Exploration and Discovery Research which maintains and operates the Museum's lab. Conservation on the bulk of the collection recovered in 1996- 97 has been ongoing at the Conservation Research Laboratory at Texas A & M University, College Station. The Museum has an exhibit based on the La Belle collection and the story of La Salle in South Texas. This is one of a series of La Salle Odyssey exhibits in museums along the Coastal Bend. La Salle Odyssey is a collaborative venture of museums in seven Texas Gulf Coast communities — Bay City, Corpus Christi, Edna, Palacios, Port Lavaca, Rockport, and Victoria. Each museum tells a unique piece of the story of La Salle's journey to Texas, and together, they are an examination of an expedition that was filled with tribulation, ending in disaster and death. The Corpus Christi Museum's exhibit theme is the "making of an expedition." La Salle was an adventurer with a proven track record of success in New World exploration and trade with an ambition that motivated him to undertake high risk ventures. The artifacts recovered by the Texas Historical Commission from the wreck of La Salle's ship La Belle testify to the sober reality of this story. ORDINANCE APPROPRIATING $30,000 FROM THE TEXAS HISTORICAL COMMISSION IN THE NO. 1089 MUSEUM GRANTS FUND TO FUND THE HIRING OF A PERSON TO CONDUCT A COMPLETE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTIONS HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 is appropriated from the Texas Historical Commission in the No. 1089 Museum Grants Fund to fund the hiring of a person to conduct a complete reinventory of the La Belle Artifact collections held at the Corpus Christi Museum of Science and History. 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 i assed and takes effect upon first reading as an emergency measure this the day of IUOViub . 2009, ATTEST: Armando Chapa City Secretary APPROVED: November 5, 2009 oko Lisa Agull Interim Ci T Attorney THE CITY OF CORPUS CHRISTI GloP.a�G Joe ame Mayor 028416 —45— k4" Corpus Christi, Texas -P18. Day of N0 (LM.. , 2009 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, Joe A me Mayor Council Members The above ordinance was passed by the following vote: Joe Adams Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 028416 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO AN INTERAGENCY COOPERATION CONTRACT WITH THE TEXAS HISTORICAL COMMISSION (THC), WHICH EXTENDS THE TERM OF THE CONTRACT SIX (6) MONTHS, THEREBY PROVIDING A CONTRACT TERM FROM JANUARY 1, 2010 THROUGH JULY 31, 2011; AND WHICH INCREASES THE FUNDING PROVIDED BY THE THC FOR THE PAYMENT FOR SERVICES TO BE CONDUCTED IN ACCORDANCE WITH THE CONTRACT, FROM $30,000 TO $50,000, THEREIN PROVIDING ADDITIONAL FUNDING OF $20,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an Amendment to an Interagency Cooperation Contract with the Texas Historical Commission (THC), which extends the term of the contract six (6) months, thereby providing a contract term from January 1, 2010 through July 31, 2011, as opposed to the original contract end date of December 31, 2010; and which increases the funding provided by the THC for the payment for services to be conducted in accordance with the contract, which includes the reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History, from $30,000 to $50,000, therein providing additional funding of $20,000. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: August 20th, 2010 borate Walther Brown Assistant City Attorney for the City Attorney Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO AN INTERAGENCY COOPERATION CONTRACT WITH THE TEXAS HISTORICAL COMMISSION (THC), WHICH EXTENDS THE TERM OF THE CONTRACT SIX (6) MONTHS, THEREBY PROVIDING A CONTRACT TERM FROM JANUARY 1, 2010 THROUGH JULY 31, 2011; AND WHICH INCREASES THE FUNDING PROVIDED BY THE THC FOR THE PAYMENT FOR SERVICES TO BE CONDUCTED IN ACCORDANCE WITH THE CONTRACT, FROM $30,000 TO $50,000, THEREIN PROVIDING ADDITIONAL FUNDING OF $20,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an Amendment to an Interagency Cooperation Contract with the Texas Historical Commission (THC), which extends the term of the contract six (6) months, thereby providing a contract term from January 1, 2010 through July 31, 2011, as opposed to the original contract end date of December 31, 2010; and which increases the funding provided by the THC for the payment for services to be conducted in accordance with the contract, which includes the reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History, from $30,000 to $50,000, therein providing additional funding of $20,000. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: August 20th, 2010 borah Walther Brown Assistant City Attorney for the City Attorney Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING $20,000 FROM THE TEXAS HISTORICAL COMMISSION (THC) IN THE NO. 1069 MUSEUM GRANTS FUND, TO FUND THE THC SALARY INCREASE FOR PAYMENT FOR SERVICES FROM $30,000, WHICH WAS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 028416 APPROVED ON THE 17TH DAY OF NOVEMBER, 2009, TO THE AMENDED AMOUNT OF $50,000, FOR SERVICES TO BE CONDUCTED IN ACCORDANCE WITH THE 1ST AMENDMENT OF THE THC CONTRACT; SERVICES TO BE PERFORMED INCLUDE THE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTION HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY; AND DECLARING AN EMERGENCY. BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That $20,000 is appropriated from the Texas Historical Commission (THC) in the No. 1069 Museum Grants Fund, to fund the THC salary increase for payment for services from $30,000, which was previously appropriated by Ordinance No. 028416 approved on the 17th day of November, 2009, (Exhibit A), to the amended amount of $50,000, for services to be conducted in accordance with the 1st amendment of the THC contract; services to be performed include the reinventory of the La Belie artifact collection held at the Corpus Christi Museum of Science and History. SECTION 2. 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 day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED: 8/40, 2010 eborah Walther Br Assistant City Attorney For City Attorney Mayor, City of Corpus Christi Corpus Christi, Texas day of , 2O1 O 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 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 $503,500 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 2010 - 2011, Contract Period September 1, 2010 through August 31, 2011. B. Ordinance appropriating $503,500 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 2010 -2011 contract period September 1, 2010 - August 31, 2011 and declaring an emergency. 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 $503,500 in program funds for Fiscal Year 2010 — 2011, Contract Period September 1, 2010 through August 31, 2011, to be used in the 78415 Zip Code area. REQUIRED COUNCIL ACTION: Acceptance of federal grants in excess of $15,000 require Council approval. Contracts in excess of $50,000 require Council approval. PREVIOUS COUNCIL ACTION: On June 22, 2010 Council approved a resolution for the City Manager or his designee to submit a grant application in the amount of $503,500 CONCLUSION AND RECOMMENDATION: The Community Youth Development Steering Committee, DFPS and Parks and Recreation recommend approval of $503,500 for the CYD Program as presented for Fiscal Year 2010 — 2011, Contract Period September 1, 2010 through August 31, 2011. Mic ael Morris, Dire f for Parks and Recreation Department (361) 826 -3463 michaelmo(u7cctexas.com Attachments: Background Information Notification of Funding BACKGROUND INFORMATION 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, a mentoring, youth leadership development and a youth advisory committee components must be part of the overall 78415 CYD Program's Plan of Operation. 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. 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, SERCO of Texas, Youth Odyssey, YMCA, and YWCA. Page 1 of 2 ORDINANCE APPROPRIATING $503,500 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 2010 -2011 CONTRACT PERIOD SEPTEMBER 1, 2010- AUGUST 31, 2011; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $503,500 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund is appropriated to fund the Community Youth Development Program in the 78415 zip code for fiscal year 2010- 2011, contract period September 1, 2010 — August 31, 2011. SECTION 2. That Ordinance No. 028683 which adopted the FY 2010 -2011 Operating Budget is changed to increase appropriations by $503,500. 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 of August, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form August 25, 2010 By:°1cr, Lisa Ag - r Assistant City Attorney For City Attorney Joe Adame Mayor H:ILEG- DIR11Lisa12010 OrdinancelORD- Approp- CommYouth78415 2010- 2011.doc —57— Page 2 of 2 Corpus Christi, Texas Day of , 2010 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: Vwe, 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:ILEG- DIRILisa12010 OrdinancelORD- Approp- CommYouth78415 2010- 2011.doc —58— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 AGENDA ITEM: A. Ordinance authorizing the City Manager of Designee to execute a lease agreement with Bayfest, Inc. for Bayfest 2010 and related activities to allow use of Shoreline Blvd. and the sidewalks, medians and seawall along Shoreline Blvd. between Interstate Highway 37 and the Bayfront Arts and Science Park; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets during September 14 through Sept. 29, 2010; provide for Bayfest, Inc. paying 50% police and 100% of all other city costs; and declaring an emergency. B. Motion approving an admission fee for Bayfest of seven dollars, ($7.00) per day for adults and three dollars, ($3.00) per day for military, seniors, children between the ages of seven to twelve and persons with mobility assistance devices. Children ages six and under are admitted free. ISSUE: Council is requested to approve the lease to authorize use of City property for Bayfest events. REQUIRED COUNCIL ACTION: City Council's action is required for lease agreements and to authorize fees charged in conjunction with closing of streets for public events. PREVIOUS COUNCIL ACTION: City Council has approved previous Bayfest lease agreements. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. AstW MicFiael Morris, Director Parks and Recreation Department (361) 826 -3463 michaelmo(cctexas.com Attachment: Lease Agreement Page 1 of 13 BAYFEST 2010 AGREEMENT This short term LEASE AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or designee, and Bayfest, Inc., a Texas non- profit corporation, ( "Bayfest "), acting through its duly designated agent, and in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipal corporation. b. Bayfest - means Bayfest, Inc., a Texas non- profit corporation. c. Bayfest's Agent - means a duly authorized representative of Bayfest, Inc. d. Premises - means the site for the Bayfest Event as more fully described in Section 3 and on the attached and incorporated Exhibit A. e. Event - means the annual festival and related activities sponsored by Bayfest. 1. City Manager - means the City's City Manager or designee. g. Parks Director - means the City's Director of Parks and Recreation or designee. h. City Traffic Engineer - means the City's Traffic Engineer or designee. 1. Police Chief - means the City's Police Chief or designee. j. Risk Manager - means the City's Director of Risk Management or designee. k. City Attorney - means the City's Attorney or designee. I. City Secretary - means the City's City Secretary or designee. 2. Term. This Lease Agreement takes effect upon execution by the City Manager. Bayfest will be entitled to non - exclusive use (for purposes of set -up and take -down) of the Premises from September 14, 2010 to September 29, 2010, and to the exclusive use of said Premises for the Event on September 24, through September 26, 2010. City Manager may authorize amendment to dates for year 2010. 3. Premises. A. City grants to Bayfest the privilege of using the following described City property to conduct its annual Bayfest Event: Shoreline Blvd., including sidewalks, medians, park areas and seawall, from Power Street to Resaca Street. Streets, said areas being more fully H:\PR- DIRISHAREDIAGENDA ITEMS Council Meetings1201018 August 20101Aug 3118ayrestlRayfest 2010 LEASE.doc -62- Page 2 of 13 described in Exhibit A (i.e., "Premises "). However, City's street closure process governs all street closures. Bayfest must at all times keep an unobstructed pavement corridor at least twenty -five (25) feet wide on the west side of this portion of Shoreline Blvd. for emergency vehicle use. B. For all activities on the barge dock, Bayfest shall obtain separate agreements with the necessary parties. This Lease does not include the American Bank Center or parking lots adjacent to the American Bank Center. Use of any of these facilities will be covered under a separate agreement. C. In addition, landscaped areas and irrigation system within the Premises must be protected during the Event. No concession stand, rides or other apparatus connected with Bayfest may use the grassed, shrubbed or landscaped areas within the Premises without prior written permission from the Parks Director. Use of the Water Garden must be approved by Parks Director. Bayfest must secure written permission from other tenants, in the area, e.g., Art Museum of South Texas, Harbor Playhouse, Corpus Christi Museum of Science and History regarding use of other tenants lease premises. Bayfest shall ensure that no stakes, pegs, or any type of similar device are used at the Premises. No structures, scaffolding, bleachers or vehicles are permitted on the Premises without prior written permission of the Parks Director. No paint or permanent markings are allowed to be used on the Premises. Chalk may be used to identify vendor locations on the paved property within the Premises. D. In addition, Bayfest shall inform and educate its volunteers and vendors of the following guidelines for Bayfront Park. 1) No stakes are allowed within Bayfront Park. 2) Only chalk markings may be used on pavers. 3) All tents will be weighed down either by cement blocks or water buckets. 4) No vehicles are allowed on grassy areas within Bayfront Park 5) No food vendors who use oils of any kind shall be allowed on the pavers. 6) All vendors must sign a statement acknowledging that they are responsible for their area and will ensure that the area will be left as it was found. 4. Premises Revisions. Requests by Bayfest for use of additional City -owned areas requires prior written approval from the Parks Director. If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Parks Director and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. 5. Event Layout Diagram. Bayfest must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Bayfest must pay City a one -time Special Event Permit fee as per City ordinance. H:IPR- DIRISHARED AGENDA ITEMS\Council Meetings12010\6 August 20101Aug 311BeyiestlBayfest 2010 LEASE.doc —63— Page 3 of 13 7. Payment of City Costs. In consideration for the use of City property Bayfest will pay the City within 30 days after the City submits a bill to Bayfest for the actual costs incurred for services rendered, including, but not limited to, any City services provided by the Parks & Recreation Dept., Police Dept., and any other City department. The Parks Director will bill Bayfest for these costs within thirty (30) days after the Event each year. The bill will provide an itemized breakdown of the City charges for services rendered (setup and takedown, Event clean up, street sweeping and repair categories). Upon receipt of written request of Bayfest's Agent, the Parks Director will furnish reasonable supporting documentation of these charges within ten (10) calendar days. If there is a hurricane or other storm event that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event include but are not limited to: 1. Damages to City property within the Premises as a result of the Event, which will be billed at the cost of repair. This includes but it not limited to, damages to Premises or utility infrastructure. Damages may be repaired by Bayfest, subject to approval of the Director. If the sod at the Premises is damaged, Bayfest agrees to either replace the sod with similar product, or to reimburse the City's costs for sod replacement. 2. Costs of labor contracted for clean up, or additional clean up required by the Director of relevant City departments, at applicable City rates for the year billed; see B.1. and Section 22. below. (Bayfest will be given the opportunity to hire and work its own clean -up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable city rates for the Police Officers assigned. Bayfest will be responsible for 100% of all City non - police Direct Costs and 50% of police actual costs for 2010 Event. 4. Costs of set -up and takedown, at applicable city rates for the employees assigned for the year billed, see B.2. and B.3. below. Parks Director will provide an annual itemized bill of Direct Costs, if any, within 30 days after the Event closes. Bayfest will pay City's Direct Costs, if any, as billed within 30 days after Parks Director tenders bill to Bayfest. B. City Services. Billing and Payment will be made as set out in Section 7 above for the following list of actual services actually provided by the City at each annual Event ( "City Services ") including but not limited to: 1. Provide approximately 100 trash barrels, as available, for placement in designated areas in and around the Premises. Bayfest must provide plastic H:SPR- DIRISHARED'AGENDA ITEMS ICouncil Meetings1201018 August 2010\Aug 311BayfestSayfest 2010 LEASE.doc —64— Page 4 of 13 trash bags for the trash barrels. Bayfest is responsible to contract for ground and street removal services with separate contractor. 2. Furnish and transport approximately 80 picnic tables, as available, to and from the Premises, for the Event annually. 3. Provide Park Construction Crews to transport Bayfest's property to and from Bayfest's warehouse. 4. Furnish and /or transport barricades, signs, cones, etc. to the Premises (see Section 13). 5. Provide other services requested by Bayfest's Agent. C. Notice of Costs. An exhibit describing City Services to be provided for the Event and the cost to be paid to City is attached as Exhibit. Notwithstanding the cost shown in Exhibit, Lessee shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit. D. Late Payment Fee. Bayfest's failure to pay City's bill within 30 days after submittal to Bayfest shall result in a late payment fee being assessed against Bayfest. The late payment fee shall be 5% of the amount due, as shown on City's bill, and said fee will be added to the amount payable to the City. 8. Deposit. Bayfest must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse the City for any costs incurred for trash pick up or removal of any structures or repairs to City property. if no costs are incurred and Direct Costs are paid, the deposit will be returned to Bayfest within 30 days after the Event. 9. Planning Meetings. The Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Bayfest representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. Bayfest Agent may request additional meetings. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to Lessee: Director of Parks and Recreation Bayfest, Inc. City of Corpus Christi P.Q. Box 1858 P.O. Box 9277 Corpus Christi, TX 78403 -1858 Corpus Christi, TX 78469 -9277 HAP R- DIR1SHAREDIAGENDA iTEMSICouncil Meetings120101B August 2010Aug 31\Bayfest\Bayfest2010 LEASE.doc —65— Page 5 of 13 (361) 880 -3461 (361) 887 -0868 FAX (361) 880 -3864 FAX (361) 887 -9773 11. Temporary Street Closures. All temporary street closures are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. Bayfest will provide parking and signage for people with disabilities in close proximity to the Event entrance and its related activities defined on the Premises map (Exhibit A). 13. Barricades, Traffic Signs. Bayfest must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by the street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. Bayfest must pay the cost of additional signage. 14. Signage and Advertising. On Premises signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Bayfest's Agent may request inflatable advertising only for Events that receive national television exposure, which must be pre- approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. Bayfest must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided throughout the duration of the Event. 16. Insurance. Bayfest's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have at a minimum, policy limits of $1,000,000 Combined Single Limit per occurrence for personal injury, death, and property damage. Bayfest and its volunteers, contractors and subcontractors driving on the Premises must have automobile liability insurance, which covers all owned and non -owned automobiles on Premises with at least the statutory bodily injury $25,000 per person, $50,000 per occurrence, $25,000 property damage limits. Bayfest's contractors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized for the Event must have owned and non -owned automobile insurance with at least a $500,000 combined single limit. Bayfest must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and limits of $5,000 for medical H:1PR- DIRISHARED AGENDA ITEMS \Council Meetings120101B August 20101Aug 311BayfesttBayfest 2010 LEASE.doc —66— Page 6 of 13 expenses. If alcohol is served at any of Bayfest's Events on Premises then Liquor Liability insurance in the amount of $1,000,000 combined single limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Bayfest must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Bayfest must require all volunteers to sign an accident waiver form that Bayfest must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Bayfest must furnish the Risk Manager with copies of all reports of these accidents at the same time that the reports are forwarded to any other interested parties. in addition, Bayfest must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Bayfest. 17. indemnity. Bayfest must indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, Liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent the damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Bayfest or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Bayfest, inc. Lease to use the Premises and those portions of Shoreline and streets that are closed and the adjacent portions of the road median and the barge dock to set up and take down, hold attend, or participate in Bayfest and associated activities, on the premises with the expressed or implied invitation or permission of Bayfest, or when the injury or damage is the result, proximate or remote, of the violation by Indemnitees, Bayfest, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the improvements located on the Premises herein or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Bayfest, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. H:1PR- DIRISHAREDIAGENDA ITEMS\Council Meetings1201016 August 2010\Aug 311Bayfest\Bayfest 2010 LEASE.doc —67— Page 7 of 13 These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of indemnitees, and in all cases where Indemnitees actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Bayfest covenants and agrees that if City is made a party to any litigation against Bayfest or in any litigation commenced by any party, other than Bayfest relating to this Bayfest Lease, Bayfest shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. Bayfest, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame specified in the written notice of safety hazards. 19. Damages to City Property. City will provide Bayfest's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event annually. Bayfest will restore all items on the punchlist within 3 days after receipt of the punchlist. If Bayfest fails to restore all items on the punchlist, Parks Director may do so and bill Bayfest for Direct Costs, as set out in Section 7 above. Bayfest or its agent must fill and compact all holes in grassy areas made by Bayfest or any entity or person participating in the Event. Parks Director must approve fill material. Any subsidence within the Premises must be additionally filled by Bayfest or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City's Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. Bayfest must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City- County Health Department for the sale of foods and the protection of the public welfare. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Bayfest must also obtain a Street Closure Permit from Traffic Engineering, a Temporary Promotional Event Permit from Building Inspection, a Fireworks Permits H:1PR- DIRiSHAREDIAGENDA ITEMS1Council Meetings120101B August 20101Aug 31\Bayfest\Bayfest 2010 LEASE.dac _68_ Page 8 of 13 from the Fire Department, and any permits required by the Coast Guard for water events. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 22. Cleanup. Bayfest must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Bayfest may designate the zone, but it will not be Tess than 10 -feet by 20 -feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Bayfest and taken to a location designated by Bayfest. Bayfest may hire and work its own clean -up crew during and after the Event. If the Parks Director determines that additional clean -up is necessary, she will give Bayfest's Agent 2 hours notice to increase services and if it is still unsatisfactory Parks Director may authorize use of city workers, to be reimbursed by Bayfest. Bayfest must install screens, approved by the Stormwater Superintendent or designee, across all storm water inlets along Shoreline within the Premises (from the North end of the barge dock to the East Side of the intersection of Shoreline and iH 37). Drainage must not be blocked. Bayfest must remove the screens within the non - exclusive use period after the close of the Event. However, Bayfest must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Bayfest provides the Parks Director prior written assurances that Bayfest will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Bayfest must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All the buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. Electrical and water service is not provided on or at the Premises. Lessee must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspection Division in order to install electrical service for the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, electrical, plumbing, tents and structures, inspected and approved. It is the responsibility of Lessee to call each inspector for an appointment to inspect and obtain approval for each temporary service prior to the commencement of the Event. 26. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape H:1PR- DIRISHARED AGENDA ITEMSICouncil Meetings12010NB August 20101Aug 311Bayfest\Bayfest 2010 LEASE.doc —69— Page 9 of 13 markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and Bayfest agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding a billed amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to Bayfest. In the event of appeal, the decision of the City Council will be final. This Lease Agreement in no way waives Bayfest's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Bayfest's Agent must at all time during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. Bayfest must, at all times in its use of the Premises, provide driveway access for trucks and emergency equipment to the service entrance of the American Bank Center, the Art Museum of South Texas, the Corpus Christi Museum of Science and History, and the Corps of Engineers by keeping the driveways open and unoccupied by structures or automotive equipment. 29. Assignment. Bayfest may not assign or transfer this Lease nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Bayfest to perform any of the covenants contained in this Lease, or any breach of any covenant or condition by Bayfest entitles City to terminate this Lease without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Bayfest is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Bayfest and the sums inure to the benefit of City as a set -off against any debt or liability of Bayfest to City otherwise accrued by breach hereof. 31. Right of Bayfest to Use Public Streets. Bayfest acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Bayfest with the terms and conditions contained within this Lease. 32. Not Partnership or Joint Venture. This Lease may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of 1:113R- DIRISHAREDIAGENDA ITEMSICouncif Meetings120101B August 20101Aug 311Bayfest113ayrest 2010 LEASE.doc -70- Page 10 of 13 the Event or associated activities. Payments received from Bayfest by the City are compensation for provision of City services as described herein and for the right of Bayfest to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. Bayfest recognizes that the services provided by the City pursuant to this Lease are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Bayfest must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Bayfest's sole expense and cost. 35. Non-discrimination. Bayfest warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Bayfest may provide a temporary six -foot (6') chain link fence, with gates for access, as shown on Exhibit A, attached and incorporated. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with Bayfest's needs upon Parks Director's concurrence. If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. 37. Admission Fee. Bayfest may charge an admission fee. Special events connected with Bayfest may charge another fee to help defray the cost of entertainment. 38. Security. Bayfest must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Bayfest will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Bayfest. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "Security Officer" will include a licensed security guard as well as a sworn peace officer. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide of site crowd and traffic control including cross walks and intersections within one -half mile of Event site, as needed, and include costs of police officers in the Direct 11:1PR- DIRISHAREDAGENDA ITEMS1Council Meetings1201018 August 2010Aug 311Bayfest\Bayfest 2010 LEASE.doc —71— Page 11 of 13 Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 40. Entirety Clause. This Lease Agreement and the incorporated and attached exhibits constitute the entire Lease Agreement between the City and Bayfest for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Bayfest's operations and the Premises to be used in the operations. The unenforceabiiity, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2010. LESSEE BAYFEST, INC. Name: President STATE COUNTY OF NUECES OF TEXAS This instrument was acknowledged before me on , 2010, by , President of Bayfest, inc., a Texas non - profit corporation, on behalf of the corporation. Notary Public, State of Texas Seal: My Commission Expires Notary's Printed Name ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED `Angel R. Escobar City Manager Lisa Aguilar, Assistant City Attorney for City Attorney H:IPR- DIRISHAREDIAGENDA ITEMS\Councii Meetings4201018 August 20t 01Aug 311BayfestlBayfest 2010 LEASE.doc —72— Page 12 of 13 EXHIBIT A Description of Premises H:IPR- DlRISHAREDIAGENDA ITEMSICouncil Maetings1201018 August 20101Aug 311Bayfest\Bayfest 2010 LEASE.doc —73— Page 13 of 13 Exhibit B Services to be provided by City, and cost estimates BAYFEST 2010 Estimated Expenses* Parks and Recreation (credit account 343697- 1020 - 12910) $ 8,000.00 Police(28,900) $ 28,900.00 Fire $ 75.00 Street Services $ 1,500.00 TOTAL: $ 38,475.00 *Bayfest may or may not use all services estimated on this sheet. H:1PR- ❑IRISHAREDIAGENDA ITEMS\Council Meetings1201018 August 20101Aug 311Bayfest\Bayfest 2010 LEASE.doc —74— EXHIBIT A SUBJECT : 136y-re J.+ 2-0(0 ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH BAYFEST INC. FOR BAYFEST 2010 AND RELATED ACTIVITIES TO ALLOW USE OF SHORELINE BLVD. INCLUDING SIDEWALKS, SEAWALL AND PARK AREAS FROM POWER STREET TO RESACA STREET DURING SEPTEMBER 14 THROUGH SEPTEMBER 29, 2010; . PROVIDE FOR BAYFEST, INC. PAYING 50% POLICE AND 100 % OF ALL OTHER CITY COSTS; 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 Lease agreement with Bayfest, Inc. for Bayfest 2010 and related activities to allow use of Shoreline Blvd . including sidewalks, seawall and park areas, from Power Street to Resaca Street during September 14 through September 29, 2010. A copy of the Lease Agreement shall be filed with City Secretary. The Agreement also provides for Bayfest, Inc. paying 50% of police costs and 100% of all other city costs. 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 August, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 23, 2010 By: e s, Lisa Aguilar, A i� City Attorney for City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2010 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: llwe, 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Auoust 31. 2010 AGENDA ITEM: Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2010 Festival beginning, Tuesday , September 14, 2010 through Wednesday, September 29, 2010 (Exhibit B). A. The temporary street closure of Resaca Street between the intersection of Resaca Street Chaparral Street and the intersection of Resaca Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. B. The temporary street closure of Fitzgerald Street between the intersection of Fitzgerald Street and Chaparral Street and the intersection of Fitzgerald Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. C. The temporary street closure of Palo Alto Street between the intersection of Palo Alto Street and Water Street and the intersection of Palo Alto Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. D. The temporary street closure to eastbound traffic only of Palo Alto Street between the intersection of Palo Alto Street and Chaparral Street and the intersection of Palo Alto Street and Water Street, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. E. The temporary street closure of Water Street between the intersection of Water Street and Palo Alto Street to the intersection of Water Street and Resaca Street; beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. F. The temporary street closures of Shoreline Boulevard and the Barge Dock, between Power Street and the Art Museum of South Texas, beginning at 8 :00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. ISSUE: The Bayfest Inc. special event necessitates the temporary closure of several public streets between Power Street and the Art Museum of South Texas and the Barge Dock. Event Chairman, Ronney Robles has requested the above mentioned street section closures be approved by the City Council for the 2010 Bayfest Festival pending the Certificate of insurance required two weeks prior to the event. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: City Council approved the street closures for the Bayfest 2009 event. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services PeteAn@cctexas.com 826 -3781 Attachments Exhibit "A" — Background Information Exhibit "B" — Street Closure Site Plan Exhibit "C° — Street Closure Application Exhibit "D° - Certificate of Insurance BACKGROUND INFORMATION Background Information: Since 1975, the City Council has annually approved street closure by Bayfest Inc., to conduct its festivities on public streets in the bayfront area. In 2008 the event location moved from the bayfront area due to the Bayfront Development Phase 1 construction. Mr. Ronney Robles, Event Chairman, has requested temporary street closures for the annual 2010 Bayfest Festival in the newly constructed Bayfront. The 2010 Bayfest festivities will occur on September 2426, 2010. Bayfest Inc. has agreed to comply with the applicable city code requirements for this type event and has notified 100% of all property owners abutting the street sections requested for temporary closure. All traffic control measures have been agreed upon in accordance with the lease agreement. Traffic control devices and required security personnel will be in place to provide for the safety and transportation needs of both pedestrians and vehicular traffic. Street Closings: Bayfest Inc. special event necessitates the temporary closure of several public streets which include Shoreline Boulevard, Water Street, Palo Alto Street, Fitzgerald Street, Resaca Street, and the Barge Dock beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. Mr. Ronney Robles has requested temporary street closures to allow for fencing the event perimeter and preparatory work for the event. Mr. Robles has requested the subject temporary closures be approved by the City Council for the Bayfest 2010 Festival. EXHIBIT "A" a w BREWSTER ST. HERITAGE PARK FITZGERALD ST. PALO ALTO ST. POWER ST. J U r CONVENTION CENTER AMERICAN BANK ARENA d to L.1 KEY N SCALE: N.T.S. BAYFEST TEMPORARY STREET CLOSURES ® - TEMPORARY STREET CLOSURE EXHIBIT "B" - SITE PLAN - SUBJECT: TEMPORARY STREET CLOSURES Traffic Engineering Div. FOR BAYFEST EVENT Engineering Services Dept. City of Corpus ��. Christi EXHIBIT "C" City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT CorpusChristi '1111' AlI Ll TIea Cif 1. Name of Organization Sponsoring Event: ,lf'ST _L a- Address: PO . 8erg i'15� city: e State: % Zip: '7D16-5- /SS ' Phone #: 360i- q "6"1 -01 G Fax #: N �� Email: of-4:02-0 2. Name of Proposed Event: 66-71(.. Si a0 /D 3. Date of Planned Event: T. 01-4 , DS, c. to) c 2CJ 0 4. Key Contact Individual `V O fl (' - Robi-e,S Phone #: '31S-36'4-8 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE SeG nnir 6 a.,1; :00cunit. owTL 20 � 7- t +L20(C) ca,cenc(Th it 5 00 i l \on Cep . 5fPT'z°i A. e4Sa- ca_,- 1-ree -F %-koea!�c.. }ct �'�cr�lldQ 511ce {.fc2trS(clbRirr BIU� . Purpose of Event and Detailed Descr' tion of Activities Plan ed: rrdpa i Rte• "r am,Pitte - ro.k '-t CoMmuP gej AIt r4. r ■ �� ,Qr �� rJt'�1t1�_ ± f ✓/ Ir1J. mss: _.� r r -.4,� •� 7. List foods and beverages to be served: 6 11 5r )-4 c9A Can Ct ncL c0 . c`rS C Poems ---ova_ Ptioacc(S--+ . E, 5koRe om Bf Po +c at- C^ if Nf� r ` � � ! ` / �u..d2 Y 6 Page 1 o 8. Services Requested by the City 5�e coy -kx -cam , • a _ k iL► T Mc 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9 /20 /88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: ; (See, C4 B. All profits derived from the event shall be for charitable causes; s. C5eeCr D. *Provide and maintain an insurance policy with the limits and requirementt shown on the attached Exhibit "A °. E. 'Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor, security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of 8 K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; co -b c. ) V. Building and Electrical permits for a temporary promote nal event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Event Chairm - n /Organizer Sign Sponsorin Organization S // // Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361 -826 -3547 • Fax: 361- 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attomey =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right-of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. l Witness my (our) hand(s) this // 1"" date of 20 /0 Page 4 of 8 EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for 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, non- Bodily Injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability B. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • 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 modification 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, a 30-day written notice of cancellation, material change, non - renewal or termination is required. 2008 Street Ci. - re Permit ins. req. 5-8-08 ep Ri= gmt. / Ri Manag- ent Represbntative Approve In urance Date Page 5 of 8 DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -15. Permit required; application. No streets shall be closed temporarily nor shalt any street right - of-way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9 -20 -1988) Sec. 49-16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner. a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) Large events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord_ No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9 -20 -1988; Ord. No. 027349, § 5, 7- 24-2007) Sec. 49 -17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: �n�p // +, �(�rI �[ a) • ! • r r • • • • i • (5ee,e4:4. "� ._ ) b) All profits derived from the event shall be used for charitable purposes. J c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00) /five hundred thousand dollars ($500,000.00) /one hundred thousand dollars ($100,000,00) Page 6 of 8 and for large events of five hundred thousand dollars ($500,000.00) /one million dollars ($1,000,000.00) /one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi - tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owners last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi - tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. 1) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. 1) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 n) Vehicles shall be prohibited from parking on grass areas within the street right-of-way. o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53-195 for a contractor occupying public right-of-way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6-15 -1983; Ord. No. 22157, § 1, 2 -21 -1995; Ord. No. 23128, § 1, 11- 11 -1997; Ord. No. 24136, § 1, 7 -25 -2000; Ord. No. 027393, § 1, 8-28 -2007) Sec. 49 -18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: (Ord. No. 17651, § 1, 6 -15 -1983) Sec. 49-19. Reserved. Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49 -19 Page 8 of 8 EXHIBIT "D" SSAVAGE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) - 7/15/10 ANSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROOUCER,.AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(Ees) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K & R Insurance Group, Inc. P.O. Box 2338 Fort Wayne, In 46001 CONTACT - NAME: PHONE (A/C,No. Ext): 800-637-4757 FAX Nog E -MAIL - ADDRESS: PRODUCER CUSTOMER ID*: INSURED BAYFEST, INC. & BAYFEST ARTS FESTIVAL ,114C P. O . BOX 1858 CORPUS CHRISTI, TX 78403 INSURER {S) AFFORDING COVERAGE NAIC # INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURER 9: $ 1000000 $ 300000 INSURER C: COMMERCIAL GENERAL LIABILITY INSURER D: INSURER E: - INSURER F: — COVERAGES CERTIFICATE NUMBER: 1571340 REVISION NUMBER: HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH lyfaIrO, Irl,gy,RIAWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lN7R TYPE OF INSURANCE ANSR SUBR POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM /DDIYYYY) LIMITS A GENERAL LIABILITY KKC0001174900 12:01AM 7 15/10 / 12:01AM 7/15/11 EACH OCCURRENCE $ 1000000 $ 300000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES (Ea occurrence) CLAIMS -MADE x OCCUR MED EXP (Any one person) $ 5000 Owners & Contractors PERSONAL a ADV INJURY $ 1000000 GENERAL AGGREGATE $ pTCV N GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP1OP AGG $ 5000000 j A 70 OBIL" I'ABIL Y ANY AUTO ALL OWNED AUTOS CHEDULED AUTOS SCHEDULED HIRED AUTOS NON -OWNED AUTOS � ..... .. . ........ ........... ..... M0001174900 12 : 01AM 7/15/10 ......,..._......_' 12,: 01AM 7J15 /11 GGMBINEG •SINGLE - LIMIT....._._..... (Ea Accident) $. .... 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 5 DAMAGE (Per accident) $ x $ A $ $ UMBRELLA LIAB OCCUR EXCESS LIAR u CLAIMS•MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE 5 AGGREGATE $ $ $ WORKERS AND ANY PROPRIETORSHIP EXECUTIVE EXCLUDED? (Mandatory If yes, DESCRIPTION COMPENSATION EMPLOYERS' LIABLITY Y / N WC STATU- OTHER TORY LIMITS /PARTNER! OFFICER /MEMBER E.L. EACH ACCIDENT $ In NH) describe under OF OPERATIONS below E.L. DISEASE -EA EMPLOYEE 5 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach A EVENT: FESTIVAL EVENT DATES: 9/24 CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL OPERATIONS OF THE NAMED INSURED. ORD 1O1, Additional Remarks She ule, If more space Is required) -26/10 PLUS SET -UP & TEAR -DOWN DATES INSURED, BUT ONLY AS RESPECTS THE CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI ATT: TERRI CARDONA 1901 N. SHORELINE .•� CORPUS CHRISTI, TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDA CE WITH THE POLICY PROVISIONS, AUTHORIZE REPRESENTATIVE - ACORD 25 (2009/09) v © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo a registered marks of ACORD -93- 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/31/2010 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a second amendment to the lease agreement between the City, Atlantic Aviation FBO Holdings, L.L.C., and Mercury Air Center — Corpus Christi, Inc., to extend the term of the lease until January 14, 2011. ISSUE: The parties to this Second Amendment desire to extend the Lease for an additional three months. This extension would not only give Airport staff time to prepare a very detailed implementation plan, but have a seamless transition from one operator to the other. REQUIRED COUNCIL ACTION: Approve as requested. PREVIOUS COUNCIL ACTION: A lease for real property located at the Airport was assigned to Chapparral Aviation, effective October 14, 1979, for a period of 30 years. Through a serious of subsequent assignments the lease was assigned to Mercury Air Center — Corpus Christi. The parties executed a first amendment to the Lease and extended the term for one more year on October 14, 2009. CONCLUSION AND RECOMMENDATION: Approve the second amendment to the Lease and grant a three month extension which would expire January 14, 2011. Attachments: N/A —97— Fredo, AAE Director of Aviation freds @cctexas.com 361.289.0171 x1216 BACKGROUND INFORMATION A lease for real property located at the Airport was assigned to Chaparral Aviation, effective October 14, 1979, for a period of 30 years. Through a serious of subsequent assignments the lease was assigned to Mercury Air Center — Corpus Christi. The parties executed a first amendment to the Lease and extended the term for one more year on October 14, 2009. For the past year, Airport Management has been involved in negotiations with Atlantic Aviation FBO L.L.C. ( "Atlantic ") whose lease expires on October 14, 2010. There have been a number of factors that have been considered in the evolution of this negotiation. They include: + The establishment of goals and objectives for the FBO operation to support the Airport mission + An update of the Minimum Standards to reflect current and projected needs + The needs for operational and financial transparency + The ability to improve the financial contribution of the FBO to the Airport cost structure. Airport Management began the process of redefining the role of the FBO at the Airport through the interactive development of a revised set of Minimum Standards that would define the FBO operations at the Airport going forward. Following the recommendation of to adopt Minimum Standards by the Airport Board, Airport Management developed a set of Business Terms that supported the objectives stated above. These were presented and discussed with representatives of Atlantic and Signature Flight Support (their lease expires in 2012 and will ultimately be held to the same Business Terms) to fully disclose the new business model that would be implemented at the Airport. During and following the meeting to outline the new Business Terms, feedback was received that these terms were very aggressive and could reduce the return for the FBO. A letter has been approved by the Airport Board and sent to Atlantic that confirms that the Business Terms, as presented, are not going to substantially change and that Atlantic needs to make a decision if they can agree to the terms so that both parties can prepare for the September 30th expiration of the existing Agreement. The Airport Board and Management remain committed to changing the way business is done at the Airport to strengthen customer service initiatives and the financial stability of the Airport. A Request for Qualifications for Management & Labor Services of the West FBO was published, a mandatory meeting with the potential respondents was held on July 21, 2010. The meeting was attended by Atlantic Aviation, FBO LLC and Express Airport Services, LLC. The meeting focused on reviewing the Scope of Services and a site visit of the city - owned facilities on the West FBO. On August 5, 2010, Atlantic submitted a letter declining to submit a State of Qualifications for the FBO RFQ. The Airport is prepared to present Management Options to the Airport Board for consideration, which will include labor and services provided by a third party under a specification developed by Airport Management. Airport Management waited for the responses which were due on August 6, 2010. The City received only one response to the RFQ and a letter from Atlantic. An Evaluation Committee formed of Airport Staff, Airport Board Members & the Asst Director of Financial Services, met on August 13, 2010, and completed an evaluation of the only statement of qualifications received. The Evaluation Committee selected EAS as the potential new FBO Management Firm. On August 19, 2010, the Airport Management held meetings with the sub - tenants, Atlantic Aviation Regional Manager, Michael Simmang, and Representatives of EAS. The topic of discussion in each separate meeting was the development of a transition /implementation plan. After getting some valuable feedback from the sub- tenants, and Atlantic's plan, and discussing the implementation timeframe from EAS, Airport Management considered and discussed with the incumbent the opportunity to extend their term for three months. Due to delays in the issuance of RFP's for ground equipment and fueling contracts that will support the new FBO provider along with required training and the scheduling of new personnel, the Evaluation Committee approached EAS and Atlantic on a 3 -month extension to the current lease to allow for a smooth transition of FBO providers. This extension would not only give Airport staff time to prepare a very detailed implementation plan, but have a seamless transition from one operator to the other. Made b and SECOND AMENI]MENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, ATLANTIC AVIATION FBO HOLDINGS, LLC, AND MERCURY AIR CENTER—CORPUS CHRISTI, INC, This second amendment ( "Second Amendment") to an existing lease agreement is by an between the City of Corpus Christi ( "City"), Atlantic Aviation FBO Holdings, .L.L.C. ( "Atlantic`), a Delaware limited liability company, and Mercury Air Center-Corpus Christi, Inc., a Texas corporation, doing business as Atlantic Aviation ("MAC -CC "). WHEREAS, a lease for real property located at the Airport was assigned to Chaparral Aviation, effective October 14, 1979, for a period of 30 years (the "Lease "); WHEREAS, through a series of subsequent authorized lease assignments, the Lease was assigned to MAC -CC, with all Lease provisions guaranteed by Atlantic; WHEREAS, the parties executed a first amendment ("First Amendment") to the Lease to reinstate the Lease, extend the term for an additional year, and formally recognize the continuing lease guarantees; and WHEREAS, the parties to this Second Amendment desire to extend the Lease for an additional three months. Section 1. Section 2 of the Lease is amended by changing the Lease termination date and revising the section to read as follows: "2. Term. This lease is for a term of 30 years beginning October 14, 1979, the assignment to Mercury Air Group, Inc. ( "Mercury"), is effective on July 16, 1096, and the subsequent assignment to Mercury Air Center - Corpus Christi, Inc. ( "MAC -CC"), is effective on November 19, 2002, if MAC -CC does not default in a condition or provision of this Lease. This lease is subject to the assignment and assumption of guaranty agreement ( "Assumption Agreement") dated September 13, 2007, in which the City consented to the transfer of the Lease guarantees from Mercury to Macquarie FBO Holdings, L.L.C., a Delaware limited liability company, now known by Its company name of Atlantic Aviation FBO Holdings, L.L.C. ( "Guarantor"). If authorized by the City and agreed to in writing by MAC - CC and Guarantor, the original term of this lease may be extended for an addi- tional ene -year fifteen - month period, terminating Weber-442940 January 14. 2011," Section 2. By execution of this Second Amendment, the parties agree to extend the term of the Lease for an additional three months, ending January 14, 2011. Ali terms and conditions of the Lease not changed by the First Amendment and this Second Amendment remain the same and in full force and effect. EXECUTED IN QUADRULICATE, each of which is considered an original, on this the day of 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED AS TO FORM: . 2010 Elizabeth R. Hundley Assistant City Attorney for the City Attorney (EXECUTION PAGE CONTINUES) Adage Avlat on Lease 2nd Amdmt DretiOt Page 2 of 4 LESSEE: Mercury Air Center- Corpus Christi, Inc., doing business as Atlantic Aviation, a Texas corporation By: Printed Name: Title: Date: ff/2. 7/6 ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS Thi frument - s a owiedged before me on , 2010, by / , an autho �•�r - presentative of Mercury ,r Center -C -.!pus Christi Inc,, doing business as Atlantic Aviation, a Texas corporation, on behalf of the corporation. Notary P Iic, State of Texas MI ELLE D[STASIa Notary Pudic, State of Now Yolk No. 4094753 Qualified In Suffolk County j l} Commission Expkea May 22, 20 (EXECUTION PAGE CONTINUES) AtlanticAviation Lease 2nd Amdmt DraftDl paee 3 of 4 LEASE GUARANTOR: Atlantic Aviation FRO Holdings, L.L.C., formerly known as Macquarie FB;• oidings, L.L.C., a Delaware limited liability company By: Printed Name: Title: W 12,4144-170 + Date: *3/ io ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS; This ument = s acknowledged before me on by , an authors Aviation F Holdln L.L.C., formerly known as Macquari Delaware limited liability company, on behalf of the company. , 2010, representative of Atlantic FBO Holdings, L.L.C., a Notary I' • Iic, State of Mine DIStASio Notari Plc, Shia of New York No. 4994753 Qualified in Suffolk County Comm19s1011 Expires May 22, 2D Atlantic Aviation Lease 2ndAmdmt DreftOl Page 014 —103— AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY, ATLANTIC AVIATION FBO HOLDINGS, LLC, AND MERCURY AIR CENTER — CORPUS CHRISTI, INC., TO EXTEND THE TERM OF THE LEASE UNTIL JANUARY 14, 2011; AND DECLARING AN EMERGENCY. WHEREAS, a lease for real property located at the Airport was assigned to Chaparral Aviation, effective October 14, 1979, for a period of 30 years (the "Lease "); WHEREAS, through a series of subsequent authorized lease assignments, the Lease was assigned to Mercury Air Center— Corpus Christi, Inc., with all Lease provisions guaranteed by Atlantic Aviation FBO Holdings, L.L.C.; WHEREAS, the parties executed a first amendment to the Lease to reinstate the Lease, extend the term for an additional year, and formally recognize the continuing lease guarantees; and WHEREAS, the parties desire to execute a second amendment to extend the Lease for an additional three months. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a second amendment to the existing lease agreement between the City of Corpus Christi, Atlantic Aviation FBO Holdings, L.L.C., as lease guarantor, and Mercury Air Center — Corpus Christi, Inc., as tenant, to extend the term of the lease until January 14, 2011. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary EHord314 Joe Adame Mayor —104— APPROVED AS TO LEGAL FORM: August 24, 2010 Eliza S' h R. Hundley Assis ant City Attorney for the City Attorney EHord3l4 —105— Corpus Christi, Texas day of , 2010 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: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord3U4 —106— 10 CITY COUNCIL AGENDA MEMORANDUM August 31, 2010 AGENDA ITEM: Ordinance abandoning and vacating a 10,803 - square foot portion (0.248 AC) of a 15 -foot wide utility easement out of Farmer's Row Subdivision, Biik. 1, Lot 4, and a portion of Flour Bluff & Encinal Farm & Garden Tracts, Section 10, Lots 2 and 15; requiring the owner, R.L. Owens, to comply with the specified conditions; and declaring an emergency. ISSUE: The purpose forthe closure of the utility easement is to allow forthe future construction and development over said easement. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up- to- date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with Ordinance no. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Juan PeralesAr., P.E. Assistant City Manager Engineering & Development Services Email: JohnnyP @cctexas.com Telephone: 361- 826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance L:1PLN- DlRlspecial serv.1willie medrnalcity council agenda 20101esmt -clo \Farmers ROW.M -109- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bass & Welsh Engineering, on behalf of R.L. Owens ( "Owner"), is requesting the abandonment and vacation of a 10,803- square foot portion (0.248 AC) of a 15 -foot wide utility easement out of Farmer's Row Subdivision, Blk. 1, Lot 4, and a portion of Lots 2 and 15, Section 10, Flour Bluff & Encinal Farm & Garden Tracts, to allow for the future construction and development over said easement. The easement to be abandoned and vacated is located in an "AB" Professional Office District and "F -R" Farm Rural District. Ali public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $16,200.00 for the abandonment and vacation of a 10,803- square foot portion of a 15 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. Filing and recording of the utility easement abandonment and vacation is required by Ordinance No. 025816, after Ordinance is approved by City Council. Owner will be responsible for paying all fair market value fees and filing and recording cost. Development Services will be in charge of all payment processing responsibilities. EXHIBIT A ORDINANCE ABANDONING AND VACATING A 10,803- SQUARE FOOT PORTION (0.248 ACRES) OF A 15 -FOOT WIDE UTILITY EASEMENT OUT OF FARMER'S ROW SUBDIVISION, BLOCK 1, LOT 4, AND A PORTION OF FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SECTION 10, LOTS 2 AND 15; REQUIRING THE OWNER, R. L. OWENS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, R. L. Owens is requesting the abandonment and vacation of a 10,803 - square foot portion (0.248 Acres) of a 15 -foot wide utility easement out of Farmer's Row Subdivision, Block 1, Lot 4, and a portion of Flour Bluff & Encinal Farm & Garden Tracts, Section 10, Lots 2 and 15, in order to allow for future development and construction over the existing easement. The easement to be abandoned and vacated is located in a "AB" Professional Office District and "F -R" Farm Rural District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 31, 2010, 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 utility easement, 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 a 10,803 - square foot portion (0.248 Acres) of a 15 -foot wide utility easement out of Farmer's Row Subdivision, Block 1, Lot 4, and a portion of Flour Bluff & Encinal Farm & Garden Tracts, Section 10, Lots 2 and 15, as recorded in Volume 67, Pages 333 -334, and Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owner pay the fair market value of $16,200.00 for the abandonment and vacation of the total 10,803 - square foot portion of the 15 -foot wide utility easement prior to closure going to City Council. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3) Upon approval by Council and issuance of the ordinance, all grants of easement 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 and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. 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 day of August, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: August 24, 2010. eborah Walther Bro Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2010 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: Ilwe, 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 7302 44:4414:444 0 7205 44N1 i!v E •' 7227 22" 72xx 7322 411,* 41tPW Proposed Easement Closure 10,803 sq. ft. /f 7328 7330 7402 21 6718 7426 100 200 Feet Proposed Easement Closure Farmer's ROW Subdivision Block 1, Lot 4 Easement Closure Dale: 02(050119 Fee: EM\M IeIFarmees Row Subeadsloa, Block 1, Lot 4Eesement Clw,reaexd Prepared Sy: Remade 8 City al Corm Chr1ZH Davelcpmant 8enfees 818 EXHIBIT C PAGE 1 of 2 -115- 561.07' 27•E 15. 00' 7.5' UE a0 000n 0 0 0 N 0 N61* 07' 27' 15, 00' 7S U. DOC. NO. 2006000303, O.R. 13 7.. BARCLA• GROVE UNIT 1 V. 56, P. 62 1 63, II. R. Sb 1' 07' 27" £ 7. 50' 14 15 14' —U. — - S28` 52' 33' W 7, 50' 7, 5' 15' PROPOSED UTILITY EASEMENT CLOSURE 0.248 AC R.L.OWENS, DOC. NO. 2009050629, .O.R. al N 0Z1 • • c 0 00 01 we.� G. (0 .. ;4-) 0 N °o LOT 2 r+�,t C ._ u 0 —aril 5- —�� g. N28' 52' 33'E 7, 50' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 561.07' 27' E 7. 50' 0 KINGS POINT U1417 6, V. 67, P. 4 -7, N. R. a y. z 0 7S UE; DOC. N0. 2005065485 O.R. AND DOG. NO. 2005065557, O.R. EXHIBIT C PAGE 2 of 2 —117— BASS AND WELSH _ENGINEERING TX. REGISTRATION NO. F -52 COMP. NOS EXB -UE 108 N0: 09089 SCALE: 1" - 100' PLOT SCALE. SAME PLOT DATE: 02/03/10 SHEET 1 OF 1 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 31, 2010 a. Ordinance abandoning and vacating a 3,706.474- square foot portion of a 10 foot wide utility easement out of Wilkey Addition Unit 2, Lot E, easement being located just south of the South Padre Island Drive public right -of -way, and west of the Airline Road public street right - of -way; requiring A & W Retail, LTD.; to comply with the specified conditions; and declaring an emergency. b. Ordinance abandoning and vacating a 1,855.980- square foot portion of a 5 -foot wide utility easement out of Wilkey Addition Unit 2, Lot I, easement being located just south of the South Padre Island Drive public right -of -way, and west of the Airline Road public street right- of-way; requiring 4625 LTD.; to comply with the specified conditions; and declaring an emergency. ISSUE: The utility easements are being closed because they are no longer needed within the two Tots and will allow for the future construction and development of a new commercial structure over said easement. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. / • Juan Perales, Jr .E. Assistant City anager Engineering & Development Services Email: JohnnyP ©cctexas.com Telephone: 361- 826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map L:1PLN- DIRISPECIAL SERVAWILLIE MEDINA\CITY COUNCIL AGENDA 20101ESMT- CLOIWILKEY ADDITION UINT 2.M -121- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Urban Engineering, on behalf of the Owners, A & W Retail, LTD. (Lot E), and 4625 LTD. (Lot I), is requesting the abandonment and vacation of a 3,706.474- square foot portion of a 10 -foot wide utility easement out of Wilkey Addition Unit 2, Lots E, and a 1,855.98- square foot portion of a 5 -foot wide utility easement out of Wilkey Addition Unit 2, Lot I, to eliminate any conflict with the future development a proposed building site. The easements abut one another. The easements to be abandoned and vacated are located in a "B-4" General Business District. All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of for the abandonment and vacation of the easements. A& W Retail, Ltd. is assessed $12,975.00 for a 3,706.474- square foot portion of a 10- foot wide utility easement out of Lot E, and 4625 Ltd. is assessed $6,500.00 for a 1,855.980- square foot portion of the 5 -foot wide utility easement out of Lot I. The owners have been advised of and concur with the conditions of the easements being abandonment and vacation. Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. Filing and recording of the utility easements being abandonment and vacation is required by Ordinance No. 025816, after Ordinance is approved by City Council. Owners will be responsible for paying all fair market value fees and filing and recording cost. Development Services will be in charge of all payment processing responsibilities. EXHIBIT A Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 3,706.474- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF WILKEY ADDITION UNIT 2, LOT E, EASEMENT BEING LOCATED JUST SOUTH OF THE SOUTH PADRE ISLAND DRIVE PUBLIC RIGHT -OF- WAY, AND WEST OF THE AIRLINE ROAD PUBLIC STREET RIGHT - OF -WAY, REQUIRING THE OWNERS, A & W RETAIL, LTD., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, A & W Retail, Ltd., is requesting the abandonment and vacation of a 3,706.474- square foot portion of a 10 -foot wide utility easement out of Wilkey Addition Unit 2, Lot E, easement being located just south of the South Padre island Drive public right -of -way, and west of the Airline Road public street right -of -way, in order to eliminate any conflict with the future development of a new commercial structure. The easement to be abandoned and vacated is located in a "B-4" General Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 31, 2010, 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 utility easement, 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 a 3,706.474- square foot portion of a 10 -foot wide utility easement out of Wilkey Addition Unit 2, Lot E, as recorded in Volume 67, Page 333 -334, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owners pay the fair market value of $12,975.00 for the abandonment and vacation of the 3,706.474 - square foot portion of a 10 -foot wide utility easement out of Lot E, prior to closure going to City Council. 2) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. Page 2 of 3 3) Upon approval by Council and issuance of the ordinance, all grants of easement 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 and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. 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 day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: August 24, 2010. CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi eborah Walther Brown Assistant City Attorney For City Attorney Page 3 of 3 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 1,855.980 - SQUARE FOOT PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT OUT OF WILKEY ADDITION UNIT 2, LOT 1, EASEMENT BEING LOCATED JUST SOUTH OF THE SOUTH PADRE ISLAND DRIVE PUBLIC RIGHT -OF -WAY, AND WEST OF THE AIRLINE ROAD PUBLIC STREET RIGHT -OF- WAY; REQUIRING THE OWNERS, 4625 LTD, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, 4625 Ltd., is requesting the abandonment and vacation of a 1,855.980 - square foot portion of a 5 -foot wide utility easement out of Wilkey Addition Unit 2, Lot I, easement being located just south of the South Padre Island Drive public right -of -way, and west of the Airline Road public street right -of -way, in order to eliminate any conflict with the future development of a proposed building site. The easement to be abandoned and vacated is located in a "13-4" General Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 31, 2010, 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 utility easement, 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 a 1,855.980- square foot portion of a 5 -foot wide utility easement out of Wilkey Addition Unit 2, Lot I, as recorded in Volume 34, Page 89, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owner, 4625 Ltd., pay the fair market value of $6,500.00 for the abandonment and vacation of the 1,855.980- square foot portion of the 5 -foot wide utility easement out of Lot I, prior to closure going to City Council. 2) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real Page 2 of 3 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 and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. 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 day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: August 24,2010. i ♦ �► eborah Wa ther : ro Assistant City Attorn ,411Iar For City Attorney Page 3 of 3 Corpus Christi, Texas Day of , 201 O 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Easement Closure Lot E 3,708.474 sq. ft. 0 50 100 et Proposed Easement Closure Wilkey Addition Unit 2, Lots E and I �/ / Easement Closure Lot E ® Easement Closure Lot 1 Dale: 623R010 mle: 3WMIIe4MIhey RddIdan Ifil12. Lots E and I.smd Prepared By.. Damads 3 City or Copes Chdsil Development Services-GS a 411:/4".V. '7111. 4 4:: #4 , may. *r, - vis y.; 4, //> `i* All Vr 110� ��+� ~" i wig LOCAT ON MAP j� -� EXHIBIT C PAGE 1 of 3 -129- 20' Y.R. 20' Y.R. it Detail 'le Lot E Wilkey Addition Unit 2 Vol., 34. Pg. 89, Map Records of Nueces County, Texas NMFS - No Monumentalon Found or Set Line Bearing Distance L1 557'01'48 "E 10.02' L2 N61'03'00 "W 10.00' FIELDNOTES for the closing of a 10.00 foot wide Utility Easement, out of Lot E, Wilkey Addition Unit 2, a map of which is recorded in Volume 34, Page 89, Map Records of Nueces County, Texas. -URBAIst REV.: AI : APR. JUNE 3. zO10 zblo s - ENGINEERING SCALE: r-4d JOB NO.: 41852.80.03 ,..� CORPUS CHRISTI, TEXAS / SHE: 1 0 2 No. Mt 2725 swmrer se, a�u 72 MN / DRAWN BY: RLG r 1 !gym 060 - 02010 by Urban Engineering EXHIBIT C PAGE 2 of 3 -130- See Detail 'A' South Padre Island Drive Point ofCommen ei+"�#a Highway 358) 52w00'0g" W 21.48 Point ofPegrnning 20' Y.R. 20' Y.Rj South Pad Island Drive d. 5/e' IR. 44' O Lot E Wilkey Addition Unit 2 Vol. 34, Pg. 89, Map Records of Nueces County, Texas Detail 'A' NMFS = No MonumontatIon Found or Sot Line Bearing Distance LI N61'03'00 "W 5.00' L2 S57'01'48 "E 5.01' 10' U 1ff FIELDNOTES for the closing of a 5.00 foot wide Utility Easement, out of Lot 1, Wilkey Addition Unit 2, a map of which is recorded in Volume 67, Pages 333 -334, Map Records of Nueces County, Texas. URBAN' DAT APR 1 4 2010 ENGINEERING SC's 11'1E4 JOB NO.: 41852.B0.03 CORPUS CHRISTI, TEXAS J SH�: 1 GF 2 Rim Ha 10 2725 SuorT a Stu agar a a• 78404 DRAWN BY: RLG Roe et�is4- I01 PAX ( as4"saot 02010 by Urban Engineering EXHIBIT C PAGE 3of3 —131— 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 AGENDA ITEM: RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE, WHICH PROVIDES A GRANT OF UP TO ONE HUNDRED SEVENTY THREE THOUSAND TWO HUNDRED TWENTY THREE DOLLARS ($173,223.00), FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR SMALL BUSINESS INCENTIVES AGREEMENT ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: December 11, 2007 Approved an agreement to grant business incentives to Del Mar for an intern program; June 24, 2008 Approved first amendment to grant business incentives to Del Mar for an intern program; November 11, 2008, approved second amendment to grant business incentives to Del Mar College in the amount of $180,921 for an intern program to assist small businesses in Corpus Christi; May 12, 2009 approved an agreement in the amount of $173,223. CONCLUSION AND RECOMMENDATION: Staff recommends approval of $173,223 to grant business incentives to Del Mar for an intern program. Emily M inez Interim Director of Economic Development emilvm(a�cctexas.com 826 -3312 BACKGROUND INFORMATION Del Mar College proposes to continue assisting small businesses by providing access to students to serve as interns in professional level positions. The small businesses will pay the student interns $7.25 per hour for a 19- hour work week. Del Mar College will match the small business contributions with Type A funds allowing the student interns to earn $14.50 per hour. Interns will be selected based on the needs of the small business(s) to provide these businesses with resources to increase efficiency and/or provide growth opportunities. The goals of the project is (1) to provide support to small businesses in Corpus Christi to encourage business growth, retention, economic development, and create a 10% new job "return on investment" and (2) to provide "real- world" work experience for students at a living wage and with the potential for full -time employment. To date Del Mar has had eleven (11) interns placed in permanent full -time jobs as a result of their internship opportunity: 2 in the spring semester of 2008, 2 in the summer session of 2008, 1 in the fall session of 2008, 1 in summer 2009, 3 in spring 2010, and 2 in summer 2010. In addition, since fall 2009, 36 interns have been offered an opportunity to work additional hours beyond those of the program and have been compensated by the small businesses. The following is a breakdown of the number of interns that have been placed to date: Spring 2008 5 Summer 2008 11 FaII 2008 20 Spring 2009 36 Summer 2009 30 Fall 2009 20 Spring 2010 31 Summer 2010 20 On May 17, 2010, the Type A Board approved funding for the Del Mar College Intern Program at $173,223 for up to 93 Interns to work in participating small businesses beginning Fall 2010 through Summer 2011. Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE, WHICH PROVIDES A GRANT OF UP TO ONE HUNDRED SEVENTY THREE THOUSAND TWO HUNDRED TWENTY THREE DOLLARS ($173,223.00), FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR SMALL BUSINESS INCENTIVES AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist small businesses and promote new jobs in Corpus Christi, Texas. WHEREAS, there is a need for a small business incentives project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the small business incentives agreement with Del Mar College ( "Del Mar") for a intern program to support small businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That small business incentives agreement for an intern program to support small businesses between the Type A Board and Del Mar, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with Del Mar for a intern program to support small businesses, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary RES- DelMar Intem- 08252010 —137— Joe Adame Mayor APPROVED as to form: August 25, 2010 R. R inin F st Assistan City Attorney For the City Attorney RES- DelMar Intern- 08252010 -138- Page 2 of 3 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott RES- DelMar intern- 48252010 -139- Page 3 of 3 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for (" Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College, a Texas institution of higher education ( "DEL MAR "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Small business incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Small business incentives on September 18, 2007; WHEREAS, DEL MAR has requested business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay the student interns minimum wage (currently $7.25 per hour) and DEL MAR will match the small business contribution. Page 1 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR interns - 08252010 —140 — Exhibit A WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment "); WHEREAS, a secondary benefit of the small business intern program is providing students real -world experience, while they are making a living wage without working . extended hours and developing potential full -time employment opportunities following graduation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to DEL MAR, through this Agreement with DEL MAR, to be used by DEL MAR to assist small businesses by providing access to students, who will serve as interns in professional level positions. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and DEL MAR agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from August 1, 2010, through August 19, 2011. b. This Agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. c. If this Agreement is extended for subsequent period, this Agreement may be amended by adoption of a revised Schedule A, which is attached to and incorporated into this Agreement. 3. Grant. a. The Corporation will grant DEL MAR an incentive of up to One Hundred Seventy Three Thousand Two Hundred Twenty Three Dollars ($173,223.00), which must be used to fund one half of the salary of up to a total of 93 interns during the Fall Semester of 2010, Spring Semester of 2011, and Summer Session in 2011, and the entire salary on two interns hired to help administer the Page 2 of 11 SMALL BUSINESS INCENTIVE AGREEMENT- DELMAR Interns - 08252010 —141— program during the Fail and Spring Semesters and Summer Session. The interns will be paid twice the minimum wage, while participating in DEL MAR's Small Business Employer Intern Program. b. The Corporation's grant conditioned upon DEL MAR'S successful completion of the terms of this Agreement, including, but not limited to, the performance requirements and conditions precedent in Schedule A. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by DEL MAR to the small business employers during the prior month. 4. DEL MAR's Duties and Responsibilities. a. DEL MAR shall provide administrative oversight and direct supervision for the placement of interns in the DEL MAR's Small Business Employer Intern Program. b. DEL MAR shall create and maintain not less than two part -time intern (2) employment positions to assist in the Small Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid twice the minimum wage, which is scheduled to be $7.25 per hour. c. DEL MAR shall place, with small businesses in Corpus Christi, the number of interns specified in Schedule A, during each semester or summer session. Since the primary goal of the DEL MAR's Small Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the business with resources that make the business more effective and provide growth opportunities for the businesses. d. DEL MAR shall ensure that the small business employer of each intern pays the student intern the minimum wage, and DEL MAR shall match the small business employer's payments to the interns. e. DEL MAR shall try to place the interns for 20 hours per week and 12 weeks per semester or summer session. f. DEL MAR shall work with the small businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi Page 3 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Interns - 0B252010 —142- MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. DEL MAR agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of this Agreement. d. DEL MAR agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the business assisted through the Intern Program. e. DEL MAR shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. DEL MAR shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, DEL MAR employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. b. DEL MAR, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, reasonable access to DEL MAR's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. DEL MAR warrants and represents to Corporation the following: a. DEL MAR has the authority to enter into and perform, and will perform, the terms of this Agreement. b. The individual executing this Agreement on behalf of DEL MAR is duly authorized to execute this Agreement on behalf of DEL MAR. c. No litigation or governmental proceeding is pending or, to the knowledge of DEL MAR or DEL MAR's officers, threatened against or affecting DEL MAR that may result in any material adverse change in DEL MAR's business, properties, or operations. No consent, approval, or authorization of or registration or Page 4 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Interns - 08252010 —143— declaration within any governmental authority is required in connection with the execution of this Agreement or the transactions contemplated by this Agreement. d. No certificate, statement, or information provided by DEL MAR to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this Agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the certificate, statement, or information from being misleading. e. To the best of its knowledge, DEL MAR has acquired and maintained all necessary rights, licenses, permits, and authority to carry out this Agreement, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. f. The funds granted through this Agreement must be utilized solely for the purpose of offsetting the cost of creating and maintaining the interns for DEL MAR's Small Business Employer Intern Program. g. DEL MAR shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. h. DEL MAR shall timely and fully comply with ail of the terms and conditions of this Agreement. i. DEL MAR has reviewed a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations and is available on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. j. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used as authorized by State law, then DEL MAR shall repay the funds to the Corporation within 30 days of written notice requesting reimbursement. k. If an audit determines that the funds were not used for authorized purposes , DEL MAR agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. 1. There are no bankruptcy proceedings currently pending concerning DEL MAR, nor are any such proceedings contemplated by DEL MAR, as of the date of execution of this Agreement by DEL MAR. m. DEL MAR shall provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. Page 5of11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Intems -08252010 —144— 8. All representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated by this Agreement, shall survive the original execution date of this Agreement. 9. Compliance with Laws. DEL MAR shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non - Discrimination. DEL MAR covenants and agrees that DEL MAR will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. if the Corporation or DEL MAR are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or DEL MAR are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. DEL MAR may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. To the extent authorized by law, DEL MAR covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (`lndemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with DEL MAR activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. DEL MAR must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all Page 6 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Interns - 08252010 —145— other cost and expenses of any kind arising from the liability, damage, Loss, claims, demands, or actions. 14. Events of Default. The following events constitute a default of this Agreement: a. Failure of DEL MAR to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of DEL MAR contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 15. Notice of Default. Should the Corporation or City determine that DEL MAR is in default according to the terms of this Agreement, the Corporation or City shall notify DEL MAR in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for DEL MAR to cure the event of default. 16. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of DEL MAR, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. DEL MAR shall immediately repay all funds paid by Corporation under this Agreement. b. DEL MAR shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to DEL MAR under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any Page 7 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Interns - 08252010 —146— other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of DEL MAR default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time DEL MAR is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. Limitation on Corporation's Liability. DEL MAR specifically agrees that Corporation shall only be liable to DEL MAR for the actual amount of the money grants to be conveyed to DEL MAR, and shall not be liable to DEL MAR for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. a. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement, being August 1, 2010, through August 19, 2011. b. Corporation will use its best efforts to anticipate economic conditions and to budget accordingly. c. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. d. Payments to be made shall also require a written request from DEL MAR to be accompanied by all necessary supporting documentation. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Page 8 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Intems - 08252010 —147— DEL MAR: Del Mar College Attn: President/CEO 101 Baldwin Corpus Christi, Texas Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.Q. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Small business incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and DEL MAR will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Page 9 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Interns - 08252010 —148— 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and DEL MAR. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of Terms of Agreement and Obligations of Parties. The terms of this Agreement and the following obligations of the parties survive the termination of this Agreement: a. Payment by the Corporation of the portion of the grant for salaries of interns during the 2010 summer session under Section 5.c. b. DEL MAR's record keeping and reporting requirements under Sections 4, 5, and 6. c. DEL MAR's duty to repay funds not used for an authorized purpose under Section 7. Page 10 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Interns - 08252010 —149— Corpus Christi Business & Job Development Corporation By: Date: Eloy Salazar Chairperson Attest: By: Armando Chapa Assistant Secretary Del Mar College By: Date: Mark Escamilla, Ph.D President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2010, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 11 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Interns - 08252010 —150— SCHEDULE A DEL MAR's TIME OF PERFORMANCE DEL MAR's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS CORPORATION's MAXIMUM PAYMENT TOWARD GRANT DURING PERIOD September 1 through August 19, 2011 Placement of not more than a total of 93 interns with small businesses in Corpus Christi during the Fall Semester of 2010, Spring Semester of 2011, or Summer Session of 2011, plus employment of 2 interns to assist in program administration during the Fall and Spring Semesters and Summer Session. $173,223.00 A - -1 SMALL BUSINESS INCENTIVE AGREEMENT - DELMAR Intergs50f252010 SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT DEL MAR COLLEGE INTERN PROGRAM This Small Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar College has submitted a proposal to the Corporation for $173,223 for an intern program for small businesses; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar College's intern program for small businesses; and WHEREAS, the Corporation and Del Mar College have executed a small business incentives project agreement for an intern program for small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: Page 1 of 3 Project Support Agreement 4A- City- DeFMar Intern - 08102010 — 15 2 Exhibit B 1. Project Service Agreement to Implement Small Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for an intern program for small businesses between the Corporation and Del Mar College ( "Small Business Incentives Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or Page 2 of 3 Project Support Agreement 4A- City- DelMar Intem - 08102010 — 1 53— unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 Project Support Agreement 4A- City- DelMar lntem- 08102010 —154— 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 AGENDA ITEM: RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI, WHICH PROVIDES A GRANT OF UP TO ONE HUNDRED NINETY THOUSAND SIX HUNDRED THIRTY FIVE DOLLARS ($190,635.00), FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE TEXAS A & M UNIVERSITY -- CORPUS CHRISTI SMALL BUSINESS INCENTIVES AGREEMENT ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: December 11, 2007 Approved an agreement to grant business incentives to TAMUCC for an intern program; June 24, 2008 Approved first amendment to grant business incentives to TAMUCC for an intern program; November 11, 2008, approved the second amendment to grant business incentives to TAMUCC in the amount of $195,929 for an intern program to assist small businesses in Corpus Christi; May 12, 2009 approved an agreement in the amount of $193,198 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the current level funding at $190,635 to grant business incentives to TAMUCC intern program. Emily M f Inez Interim Director of E «:'mic Development emiIvm(a7cctexas.com 826 -3312 BACKGROUND INFORMATION Texas A &M University - Corpus Christi (TAMUCC) proposes to continue assisting small businesses by providing access to students to serve as interns in professional level positions. The small businesses will pay the student interns $725 per hour for a 20- hour work week. TAMUCC will match the small business contributions with 4A funds allowing the student interns to earn $14.50 per hour. Interns will be selected based on the needs of the small business(s) to provide these businesses with resources to increase efficiency and/or provide growth opportunities. The goals of the project is (1) to provide support to small businesses in Corpus Christi to encourage business growth, retention, economic development, and create a 10% new job "return on investment" and (2) to provide "real-world" work experience for students at a living wage and with the potential for full -time employment. To date TAMUCC has had six (6) interns placed in a permanent full -time position as a result of the internship opportunity. The following is a breakdown of the number of interns that have been placed to date: Spring 2008 2 Summer 2008 14 Fall 2008 33 Spring 2009 29 Summer 2009 35 Fall 2009 26 Spr 2010 24 Summer 2010 25 Fall 2010 36 On May 12, 2009, the Type A Board approved funding for the TAMUCC Intern program at $190,635 for 105 interns to work in participating small businesses beginning Fall 2010 through Summer 2011. Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI, WHICH PROVIDES A GRANT OF UP TO ONE HUNDRED NINETY THOUSAND SIX HUNDRED THIRTY FIVE DOLLARS ($190,635.00), FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE TEXAS A & M UNIVERSITY -- CORPUS CHRISTI SMALL BUSINESS INCENTIVES AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist small businesses and promote new jobs in Corpus Christi, Texas. WHEREAS, there is a need for a small business incentives project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the small business incentives agreement with Texas A & M University -- Corpus Christi for a intern program to support small businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That small business incentives agreement for an intern program to support small businesses between the Type A Board and Texas A & M University -- Corpus Christi, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with Texas A & M University -- Corpus Christi for a intern program to support small businesses, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Res- TAMUCC lntem- 08252010 —159— Joe Adame Mayor Page2of3 APPROVED as to form: , 2010 ay geining/ irst Assists City Attorney For the City Attorney Res- TAMUCC Intern - 08252010 —1 60— Page 3 of 3 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Res - TAMUCC Intern- 08252010 —1 61— SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Texas A & M University -- Corpus Christi, a Texas institution of higher education ( "TAMU -CC "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Small business incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Small business incentives on September 18, 2007; WHEREAS, TAMU -CC has requested business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay the student interns minimum wage (currently $7.25 per hour) and TAMU -CC will match the small business contribution. Page 1 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Interns - 06252090 —162 — Exhibit A WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment "); WHEREAS, a secondary benefit of the small business intern program is providing students real -world experience, while they are making a living wage without working extended hours and developing potential full -time employment opportunities following graduation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to TAMU -CC, through this Agreement with TAMU -CC, to be used by TAMU -CC to assist small businesses by providing access to students, who will serve as interns in professional level positions. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU -CC agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from August 1, 2010, through July 31, 2011. b. This Agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. c. If this Agreement is extended for subsequent period, this Agreement may be amended by adoption of a revised Schedule A, which is attached to and incorporated into this Agreement. 3. Grant. a. The Corporation will grant TAMU -CC an incentive of up to One Hundred Ninety Thousand Six Hundred Thirty Five Dollars ($190,635.00), which must be used to fund one half of the salary of up to a total of 105 interns during the Fall Semester of 2010, Spring Semester of 2011, and Summer Session in 2011, and the entire salary on an intern hired to help administer the program during the Fall Page 2 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Intel ttg52010 and Spring Semesters and Summer Session. The interns will be paid twice the minimum wage, while participating in TAMU -CC's Small Business Employer Intern Program. b. The Corporation's grant conditioned upon TAMU -CC's successful completion of the terms of this Agreement, including, but not limited to, the performance requirements and conditions precedent in Schedule A. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by TAMU -CC to the small business employers during the prior month. 4. TAMU -CC's Duties and Responsibilities. a. TAMU -CC shall provide administrative oversight and direct supervision for the placement of interns in the TAMU -CC's Small Business Employer Intern Program. b. TAMU -CC shall create and maintain not Tess than one part -time intern (1) employment position to assist in the Small Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid twice the minimum wage, which is scheduled to be $7.25 per hour. c. TAMU -CC shall place, with small businesses in Corpus Christi, the number of interns specified in Schedule A, during each semester or summer session. Since the primary goal of the TAMU -CC's Small Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the business with resources that make the business more effective and provide growth opportunities for the businesses. d. TAMU -CC shall ensure that the small business employer of each intern pays the student intern the minimum wage, and TAMU -CC shall match the small business employer's payments to the interns. e. TAMU -CC shall try to place the interns for 20 hours per week and 12 weeks per semester or summer session. f. TAMU -CC shall work with the small businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, Page 3 of 11 SMALL BUSINESS INCENTIVE AGREEMENT TAMUCC Interrasl- %852010 as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. TAMU -CC agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of this Agreement. d. TAMU -CC agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the business assisted through the Intern Program. e. TAMU -CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. TAMU -CC shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMU- CC employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. b. TAMU -CC, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, reasonable access to TAMU -CC's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. TAMU -CC warrants and represents to Corporation the following: a. TAMU -CC has the authority to enter into and perform, and will perform, the terms of this Agreement. b. The individual executing this Agreement on behalf of TAMU -CC is duly authorized to execute this Agreement on behalf of TAMU -CC. c. No litigation or governmental proceeding is pending or, to the knowledge of TAMU -CC or TAMU -CC's officers, threatened against or affecting TAMU -CC that may result in any material adverse change in TAMU -CC's business, properties, or operations. No consent, approval, or authorization of or registration or Page 4 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Interns- D8852010 declaration within any governmental authority is required in connection with the execution of this Agreement or the transactions contemplated by this Agreement. d. No certificate, statement, or information provided by TAMU -CC to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this Agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the certificate, statement, or information from being misleading. e. To the best of its knowledge, TAMU -CC has acquired and maintained all necessary rights, licenses, permits, and authority to carry out this Agreement, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. f. The funds granted through this Agreement must be utilized solely for the purpose of offsetting the cost of creating and maintaining the interns for TAMU - CC's Small Business Employer Intern Program. g. TAMU -CC shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. h. TAMU -CC shall timely and fully comply with all of the terms and conditions of this Agreement. i. TAMU -CC has reviewed a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations and is available on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. j. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used as authorized by State law, then TAMU -CC shall repay the funds to the Corporation within 30 days of written notice requesting reimbursement. k. If an audit determines that the funds were not used for authorized purposes , TAMU -CC agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. 1. There are no bankruptcy proceedings currently pending concerning TAMU -CC, nor are any such proceedings contemplated by TAMU -CC, as of the date of execution of this Agreement by TAMU -CC. m. TAMU -CC shall provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. Page 5 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Intern g1g52o10 8. All representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated by this Agreement, shall survive the original execution date of this Agreement. 9. Compliance with Laws. TAMU -CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non - Discrimination. TAMU -CC covenants and agrees that TAMU -CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or TAMU -CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU -CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. TAMU -CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. To the extent authorized by law, TAMU -CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "lndemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU -CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. TAMU -CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all Page 6 of 11 SMALL. BUSINESS INCENTIVE AGREEMENT - TAMUCC Interns fQb952010 other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default. The following events constitute a default of this Agreement: a. Failure of TAMU -CC to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of TAMU -CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 15. Notice of Default. Should the Corporation or City determine that TAMU -CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU -CC in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for TAMU -CC to cure the event of default. 16. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU -CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TAMU -CC shall immediately repay all funds paid by Corporation under this Agreement. b. TAMU -CC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to TAMU -CC under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any Page 7 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Interns - 08252010 -168- other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU -CC default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU -CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. Limitation on Corporation's Liability. TAMU -CC specifically agrees that Corporation shall only be liable to TAMU -CC for the actual amount of the money grants to be conveyed to TAMU -CC, and shall not be liable to TAMU -CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. a. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement, being August 1, 2010, through July 31, 2011. b. Corporation will use its best efforts to anticipate economic conditions and to budget accordingly. c. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. d. Payments to be made shall also require a written request from TAMU -CC to be accompanied by all necessary supporting documentation. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Page 8 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Interns118852010 TAMU -CC: Texas A & M University - Corpus Christi Attn: President/CEO 6300 Ocean Drive, Unit 5756 Corpus Christi, Texas 78412 -5756 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Small business incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU -CC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Page 9 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Interns - 08252010 -170- 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU -CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of Terms of Agreement and Obligations of Parties. The terms of this Agreement and the following obligations of the parties survive the termination of this Agreement: a. Payment by the Corporation of the portion of the grant for salaries of interns during the 2010 summer session under Section 5.c. b. TAMU -CC's record keeping and reporting requirements under Sections 4, 5, and 6. c. TAMU -CC's duty to repay funds not used for an authorized purpose under Section 7. Page 10 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Intern -.08252010 Corpus Christi Business & Job Development Corporation By: Eby Salazar Chairperson Date: Attest: By: Armando Chapa Assistant Secretary Texas A & M University — Corpus Christi By: Date: Flavius C. Killebrew President /CEO THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2010, by Flavius C. Killebrew, President/CEO, Texas A & M University -- Corpus Christi, a Texas institution of higher education, on behalf of the university. Notary Public State of Texas Page 11 of 11 SMALL BUSINESS INCENTIVE AGREEMENT - TAMUCC Interns -08252010 —172— SCHEDULE A TAMU -CC's TIME OF PERFORMANCE TAMU -CC's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS CORPORATION's MAXIMUM PAYMENT TOWARD GRANT DURING PERIOD September 1 through July 31, 2011 Placement of not more than a total of 105 interns with small businesses in Corpus Christi during the Fall Semester of 2010, Spring Semester of 2011, or Summer Session of 2011, plus employment of 1 intern to assist in program administration during the Fall and Spring Semesters and Summer Session. $190,635.00 A - -1 SMALL BUSINESS INCENTIVE AGREEMENT -TAMUCC Inter. 140352010 SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT TEXAS A & M UNIVERSITY -- CORPUS CHRISTI INTERN PROGRAM This Small Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Texas A & M University -- Corpus Christi has submitted a proposal to the Corporation for $190,635 for an intern program for small businesses; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Texas A & M University -- Corpus Christi's intern program for small businesses; and WHEREAS, the Corporation and Texas A & M University -- Corpus Christi have executed a small business incentives project agreement for an intern program for small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: Page 1 of 3 4AProject Support Agreement 4A- City - TAMUCC Intern- OB0920.11Q 74 _ Cvhihi+ jZt 1. Project Service Agreement to Implement Small Business Incentives Agreement This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for an intern program for small businesses between the Corporation and Texas A & M University -- Corpus Christi ( "Small Business Incentives Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or Page 2 of 3 4AProject Support Agreement 4A- City - TAMUCC Intern- 08092Q19 7 5_ unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 4AProject Support Agreement 4A- City - TAMUCC Intern - 08092017 6 _ 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 AGENDA ITEM: RESOLUTION APPROVING AN AGREEMENT TO GRANT SMALL BUSINESS INCENTIVES BETWEEN THE CORPUS BUSINESS AND JOB DEVELOPMENT CORPORATION AND SCORE CHAPTER 221, WHICH GRANTS $50,000 IN SMALL BUSINESS INCENTIVES FOR THE OPERATION OF A PROGRAM TO ASSIST SMALL AND START -UP BUSINESSES IN CORPUS CHRISTI AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SMALL BUSINESS INCENTIVES PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT TO GRANT SMALL BUSINESS INCENTIVES ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: Council authorized a 7 month contract in the amount of $29,167 on December 11, 2007. On July29, 2008, Council approved the continuation of incentives to SCORE in the amount of $50,000 to assist small and start-up businesses; May 12, 2009 approved an agreement in the amount of $50,000 CONCLUSION AND RECOMMENDATION: Staff recommends approval to continue funding SCORE at its current level funding of $50,000. 9 Emily inez Interim Director of Eco is Development emilvm(cr�cctexas,com 826 -3312 BACKGROUND INFORMATION Background On December 11, 2007, Council approved an agreement in the amount of $29,167 with SCORE Chapter 221, to provide assistance to small businesses and persons desiring to begin and operate a small business in Corpus Christi. The services provided by SCORE include mentoring clients, conducting workshops, advising clients as to business plans, pro formas, form of business entity, financial implications, and all other aspects of small business operations. SCORE retained an executive assistant/coordinator to assist the SCORE volunteers in administering the assistance program and engaged in a limited advertising campaign to publicize the assistance program. On June 16, 2008, the Corpus Christi Business and Job Development Corporation (Type A Board) approved a 12 month agreement with SCORE in the amount of $50,000 to provide assistance to small businesses in Corpus Christi. On July 29, 2008, Council approved the continuation of incentives to SCORE in the amount of $50,000 beginning August 1, 2008 through July 31, 2009 and on May 12, 2009 council authorized the continuation of the program for FY 09 -10. SCORE's has nearly doubled the required number of hours provided to small businesses through volunteer counselors. For the third quarter in FY 09 -10, SCORE provided 254 hours per month; their target was 135 hours. Through effective marketing SCORE counselors have been able to reach out to small businesses and offer a variety of business services at no cost. On May 19, 2010, the Type A Board approved a small business agreement with SCORE in the amount of $50,000. Service Corps of Retired Executives (SCORE)- Amount requested $50,000 SERVICES SCORE seeks funding to continue to enhance and expand its current business assistance services to small business owners. Services include: Face to Face meetings, business related workshops, providing small business related written materials and text manuals to clients, business counseling via email, telephone conferencing and office trips, publication of articles of interest and knowledge to small business and referral services. PROGRAM OUTCOME SCORE seeks to continue funding an executive assistant/coordinator position to enable SCORE to better monitor and serve its clients. This position will help to eliminate duplication and permit effective handling of cases relating to small businesses. In —180— Page 1 of 3 RESOLUTION APPROVING AN AGREEMENT TO GRANT SMALL BUSINESS INCENTIVES BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SCORE CHAPTER 221, WHICH GRANTS $50,000 IN SMALL BUSINESS INCENTIVES FOR THE OPERATION OF A PROGRAM TO ASSIST SMALL AND START -UP BUSINESSES IN CORPUS CHRISTI AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SMALL BUSINESS INCENTIVES PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT TO GRANT SMALL BUSINESS INCENTIVES WHEREAS, there is a need for an agreement to grant small business incentives for small business assistance between the Corpus Christi Business and Job Development Corporation and SCORE Chapter 221 (SCORE), which grants $50,000 in business incentives to SCORE for a program to assist small and start- up businesses in Corpus Christi; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the agreement to grant small business incentives for small business assistance between the Corpus Christi Business and Job Development Corporation and SCORE Chapter 221, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute the small business incentives project support agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the implementation and administration of the agreement to grant small business incentives for small business assistance with SCORE Chapter 221, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 4ARes- SCORE Incentives 08092010 —181— Joe Adame Mayor APPROVED as to form: Iyf 05/ 425 , 2010 R. J eining Fi t Assistant Oify Attorney For the City Attorney 4ARes -SCORE Incentives 08092010 —182— Page 2 of 3 Corpus Christ, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 4ARes -SCORE incentives 0$092010 —183— Page 3 of 3 AGREEMENT TO GRANT SMALL BUSINESS INCENTIVES TO SCORE CHAPTER 221 FOR SMALL BUSINESS ASSISTANCE This Agreement to Grant Small Business Incentives for Small Business Assistance ( "Agreement ") is entered into by and between the Corpus Christi Business and Job Development Corporation ( "Corporation "), a Texas non - profit corporation, organized under V.A.C.S, Sec. 4A., Art. 5190.6 (Development Corporation Act of 1979), now codified as Subtitle Cl, Title 12, Texas Local Government Code„ with mailing address of 1201 Leopard Street, Corpus Christi, Texas, 78401, and SCORE Chapter 221, ( "SCORE "), a nonprofit association, with principal place of business at 3649 Leopard Street, Suite 411, Corpus Christi, Texas 78408. I. BACKGROUND 1.1. Purpose of Agreement. Corporation is a tax - supported non - profit corporation, whose primary income is from sales tax collected within the City of Corpus Christi and dedicated exclusively to economic development. This sales tax supporting Corporation was authorized as a local option under Texas Revised Civil Statutes, Sec. 4A, Art. 5190.6. The Corporation exists for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus Christi economy through the retention, expansion, and recruitment of employment opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas. 1.2. Project. The project and performance requirement to be implemented by means of this agreement are generally described as follows: 1. SCORE will provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro - formas, forms of business entity, financial implications, and all other aspects of small business operations. 2. SCORE will retain an executive assistant/coordinator to assist the SCORE volunteers in administering the assistance program. SCORE will engage in a limited advertising campaign to publicize the assistance program. 3. The performance requirements shall be continuously maintained during the entire term of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants, warranties, and agreements of the parties, it is agreed as follows: Page 1of16 SCORE 4A Small Business Development Agreement 08122010 —184 — Exhibit A II. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS 2.1. BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION 1. Money Grant: 1. Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed Fifty Thousand Dollars ($50,000.00), subject to the performance requirements of SCORE and the conditions precedent set forth in Schedule A. 2. Failure by Corporation to timely reimburse SCORE is an act of default by Corporation giving SCORE. As its sole remedy is the right to be reimbursement of the contracted amount, which is further limited to the terms and conditions contained in Article VII, paragraph 7.1, of this agreement. Page2of 18 SCORE 4A Small Business Development Agreement 08122010 —185— SCHEDULE A SCORE's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS SCORE's TIME OF PERFORMANCE CORPORATION's PERFORMANCE REQUIREMENTS 1. Employment of a contract executive assistant/ coordinator, with an average annual salary of $25,000, to assist the SCORE volunteers to provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi. 2. SCORE volunteers to provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by: a. Mentoring clients. b. Conducting workshops. c. Advising clients as to business plans, pro - formas, form of business entity, financial implications, and all other aspects of small business operations. d. Conducting a limited advertising campaign to publicize the assistance program to small businesses. August 1, 2010 through July 31, 2011 Reimbursement of SCORE expenses up to a total of $50,000, payable within 45 days of invoicing for expenses under this agreement. Page 3 of 16 SCORE 4A Small Business Development Agreement 08122010 —186— 2.2. BY SCORE 1. Investment — Facility: SCORE is not required to make a capital investment, however SCORE shall perform the performance requirements as set forth in Schedule B. SCHEDULE B SCORE's PERFORMANCE REQUIREMENTS SCORE'S TIME OF PERFORMANCE Providing 1620 hours of general and technical services to small businesses through volunteer counselors. Beginning August 1, 2010 and continuing until July 31, 2011. 2. Employment: SCORE shall comply with the employment requirements set forth in Schedule C. SCHEDULE C SCORE's PERFORMANCE REQUIREMENTS SCORE's TIME OF PERFORMANCE Maintain not Tess than one contract executive assistant/coordinator position with an average annual salary of $25,000. July 31, 2011 3. Failure by SCORE to timely and fully comply and to continue to comply with any performance requirements of this paragraph is an act of default. ill. REPORTING AND MONITORING 3.1. Reports and Monitoring: SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. 1. SCORE shall provide an annual report certifying the status of compliance through the life of the agreement. In addition to the annual report, SCORE shall submit a quarterly report to document the jobs created. The quarterly report may be in the form of quarterly IRS 941 returns, SCORE employer Quarterly Reports, Page 4 of 16 SCORE 4A Small Business Development Agreement 08122010 —187— or employee rosters that show the hours worked and the positions filled, and other reports as may reasonably be required. 2. SCORE shall provide quarterly reports on its performance requirements. The reports must document: 1. Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. 2. Number of workshops with description of workshop and number of attendees. 3. Number of small business owners or prospective owners who were provided counseling by email or on -line services. 3. SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the City's Economic Development Department ( "Department "), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and Department, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. IV. COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES 4.1. SCORE makes the following covenants and warranties to Corporation, and agrees to timely and fully perform the following obligations and duties. Any false or substantially misleading statement contained in this agreement or SCORE's request for funding, or any failure to timely and fully perform the performance requirements in this agreement is an act of default by SCORE. Failure to comply with any one covenant or warranty is an act of default by SCORE. 1. SCORE is duly organized, validly existing, and in good standing and authorized to do business in the State of Texas, under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. 2. The execution of this agreement has been duly authorized by SCORE's board of directors; the officer signing this agreement is an officer of the organization, empowered to execute the agreement and bind the organization; the authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or the provisions of SCORE's by -laws, or of any agreement or instrument to which SCORE is a party or by which it may be bound; the authority to be evidenced by an organizational resolution, attached to this agreement at the time of execution. Page 5 of 16 SCORE 4A Small Business Development Agreement 08122010 —188— 3. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement. 4. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem and employment taxes, have been timely paid, and will be timely paid, during the term of this Agreement. 5. No litigation or governmental proceeding is pending or, to the knowledge of SCORE or SCORE's officers, threatened against or affecting SCORE that may result in any material adverse change in SCORE's business, properties, or operations. No consent, approval or authorization of or registration or declaration within any governmental authority is required in connection with the execution of this agreement or the transactions contemplated hereby. 5. No certificate, statement, or information provided by SCORE to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the statement from being misleading. 6. To the best of its knowledge, SCORE has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business operations in Corpus Christi, Texas, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. 7. The funds granted in this agreement must be utilized solely for the purpose: 1. Offsetting the cost of creating and maintaining the one (1) employment position at SCORE's Corpus Christi facility. 2. Assisting small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by: 1. Mentoring clients. 2. Conducting workshops. 3. Advising clients as to business plans, pro formas, form of business entity, financial implications, and all other aspects of small business operations. 3. Conducting a limited advertising campaign to publicize the assistance program to small businesses. 8. SCORE shall continue its full -time business activities on its property in Corpus Christi, Texas, including maintaining its employment and investment requirements at all times throughout the term of this agreement. Page 6 of 16 SCORE 4A Small Business Development Agreement 08122010 —189— 9. SCORE shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. 10. SCORE shall timely and fully comply with all of the terms and conditions of this Agreement. 11. SCORE shall notify Corporation in writing of substantial changes in management within seven (7) days. Substantial changes mean changes in Chairman of the Board, President, C.E.O., or area management. 12. SCORE has access to the Texas Development Corporation Act, Title 12, Subtitle 01 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. 13. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used in accordance with State law, then SCORE agrees to repay the funds to the Corporation within 30 days of written notice requesting reimbursement. 14. If an audit determines that the funds were not used for authorized purposes, SCORE agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. 15. There are no bankruptcy proceedings currently pending concerning SCORE, nor are any proceedings contemplated by SCORE, as of the date of execution of this Agreement by SCORE. 16. SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 17. SCORE agrees to provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. 4.2. All representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall survive the original execution date of this agreement. Page 7 of 16 SCORE 4A Small Business Development Agreement 08122010 —190— V. SUSPENSIONS/TERMINATIONS 5.1. Corporation, under the following circumstances, and at its sole discretion, may suspend its obligations under this agreement or terminate this agreement and recapture from SCORE any of the money grants or consideration paid by Corporation to SCORE, without liability to SCORE, upon any one of the following events, which are an act of default. 1. The appointment of a receiver of SCORE, or of all or any substantial part of its property, and the failure of the receiver to be discharged within sixty (60) days thereafter. 2. The adjudication of SCORE as bankrupt. 3. The filing by SCORE of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding. VI. DEFAULT 6.1. Events of Default. Should SCORE fail to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this agreement the failure shall be an act of default by SCORE and, if not fully and completely cured and corrected within sixty (60) days after written notice to do so, Corporation may terminate this agreement and pursue all legal remedies as provided by law, provided however that SCORE's liability under this agreement shall be limited to the recapture from SCORE any of the money grants or consideration paid by Corporation to SCORE under this agreement. Corporation shall not be liable to SCORE for any alleged consequential damages. Additionally, the following events shall constitute a default of this Agreement: 1. The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 2. Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. 3. If taxes on the Facility become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. 4. SCORE changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 6.2. In the event of unforeseeable third party delays in the performance of this Agreement or force majeure and upon a reasonable showing by SCORE that it has Page 8of16 SCORE 4A SmaII Business Development Agreement 08122010 —191— immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal, or abatement of delays by using its best efforts, Corporation may consent to and excuse delays, which consent and excuse shall not be unreasonably withheld. Failure by SCORE to use its best efforts as required in this paragraph shall be an act of default. Force majeure means severe weather, such as tornadoes or flooding, named storms or hurricanes, wars, riots, and the unavailability of necessary and essential equipment and supplies from all sources. 6.3. Any delay for any amount of time by Corporation in providing notice of default to SCORE shall in no event be deemed or constitute a waiver of the default by Corporation of its rights and remedies available under this agreement, or in law or equity. 6.4. Any waiver granted by Corporation to SCORE of any covenant or condition, the breach of any covenant or condition of this Agreement, or of an act of default shall not be deemed or constitute a waiver of any other existing or future breach of a covenant or condition, or act of default by SCORE or of a subsequent breach of the same covenant or condition or act of default of the same act or event by SCORE. 6.5. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. 6.6. Any waiver or indulgence of SCORE's default may not be considered an estoppel against the Corporation. 6.7. Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of SCORE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: 1. SCORE shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. 2. The Corporation shall have no further obligations to SCORE under this Agreement. 3. Neither the City nor the Corporation may be held liable for any consequential damages. 4. The Corporation may pursue all remedies available under law. 6.8. SCORE shall give Corporation written notice of any act of default by Corporation, and Corporation shall have thirty (30) days after receipt of the notice to cure the default. Failure by Corporation to timely and fully cure the act of default shall permit SCORE to pursue its legal remedies as provided in this agreement. Page 9 of 16 SCORE 4A Small Business Development Agreement 08122019 9 2— VII. CORPORATION'S LIABILITY LIMITATIONS 7.1. Payments: SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any other actual or consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act of default by Corporation under the terms of this agreement. It is further specifically agreed that Corporation shall only be required to pay the grant amounts solely out of its sales tax revenue currently collected, allocated, and budgeted and to be allocated, budgeted and collected for SCORE during the term of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being August 1, 2010, through July 31, 2011. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to SCORE for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made to SCORE shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. Corporation shall have forty -five (45) days to make payment after receipt of the payment request. The payment request should be directed to the address provided for Corporation below. VIII. DEFINITIONS As used in this agreement, the following words or phrases shall have the following meanings: 8.1. City of Corpus Christi or City means the governing municipal corporation and the area that is within the city limits of the City of Corpus Christi, Texas. 8.2. Compliance means timely, fully, and completely performing or meeting each and every requirement, obligation, duty, condition, or warranty as stated in this agreement. Compliance means complete compliance and does not mean substantial compliance. 8.3. Act of Default means failure to timely and fully comply with one or more requirements, obligations, duties, terms, conditions, or warranties, as stated in this agreement. Corporation may, in its sole discretion, accept substantial compliance in lieu of full compliance by waiving the act of default solely by an instrument in writing. 8.4. Insolvent means failure to timely pay debts in the ordinary course of business or cannot pay debts as they become due, or is insolvent within the meaning of the federal bankruptcy law. Page 10 of 16 SCORE 4A Small Business Development Agreement 06122010 —193— 8.5. Force Majeure means severe weather, such as tornadoes, flooding, named storms, hurricanes, wars, riots, and the unavailability of necessary and essential equipment and supplies from all sources. IX. GENERAL TERMS 9.1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 9.2. Term. The term of this Agreement is expires on July 31, 2011. This agreement may be renewed for an additional one year period upon mutual consent of both parties, and the availability of Corporation funds that have been authorized for this purpose. 9.3. Termination. This Agreement may be terminated by mutual agreement of the parties or by either party, upon the failure of the other party to fulfill an obligation, as set forth in this agreement. The termination of this Agreement extinguishes all rights, duties, obligations, and liabilities of the parties under this Agreement, except all rights, duties, liabilities, and obligations accrued prior to the termination shall survive termination. 9.4. Compliance with Laws. This Agreement is subject to all legal requirements in the City Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county, state, and federal laws. SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, County, and City governments, as may be amended or enacted. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 9.5. Assignment. This Agreement is binding upon the parties to this agreement and their successors and assigns. However, SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 9.6. Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims, demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. SCORE must, at its own expense, investigate all those claims and demands, attend to their Page 11 of 16 SCORE 4A Small Business Development Agreement 08122010 —194— settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, Loss, claims, demands, or actions. 9.7. Buy Local Provision. SCORE agrees to use its best efforts to 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. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 -mile radius of Nueces County. 9.8. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221: SCORE c/o. Ben F. McDonald 3649 Leopard St., Suite 411 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas. 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas. 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 12 of 16 SCORE 4A Small Business Development Agreement OB122010 —195— 9.9. Incorporation of other documents. a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ( "Corporation Guidelines "), adopted September 18, 2007, are incorporated into this Agreement. b. SCORE application submitted to the Corporation for business incentives ( "Application ") is incorporated into this Agreement. c. If there is any conflict in the terms of these documents, the following order controls: (1) This Agreement, (ii) Corporation Guidelines, (iii) Application. 9.10. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 9.11. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 9.12. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 9.13. Severability. 1. if for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 2. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Page 13 of 16 SCORE 4A Small Business Development Agreement OB12201 9 6 9.14. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. SCORE consents to, and waives any objections to, in personum jurisdiction in Nueces County, Texas. This agreement and the relationship between Corporation and SCORE shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws or provisions. 9.15. Sole Agreement. This Agreement constitutes the sole agreement between the Corporation and SCORE. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Except as otherwise provided in this agreement, this Agreement cannot be modified or amended without a written agreement of the parties. 9.16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.17. Representation. Corporation represents that no Corporation board member or employee, City of Corpus Christi officer or employee, has been or will be compensated in any manner with respect to directly or indirectly bringing the parties hereto together, agreement negotiations, or the entering into of this Agreement. In no event will SCORE pay a fee to or in any manner compensate any Corporation board member or employee, City of Corpus Christi officer or employee, in connection with the acceptance of this Agreement. A breach of this provision (10.17) shall result in automatic and immediate termination of this Agreement, and shall be an act of default by SCORE. 9.18. Other Contracts. It is understood by SCORE that Corporation has heretofore entered, and may hereafter enter, into contracts with other companies or persons upon terms and conditions different from the terms and conditions of this Agreement, and SCORE has no standing to object whatsoever to any contracts or require any modifications or changes to its Agreement due to other agreements. 9.19. Corporation, its officers and employees, and its agents or contractors retained to perform economic development services for Corporation, shall treat as confidential the financial statements of SCORE and shall not release the information to the public, unless required by law or court order. Corporation shall immediately notify SCORE of requests or court orders to release the information. 9.20. All representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall survive the original execution date of this agreement. 9.21. Renewal. This Agreement may be renewed for an additional one year term upon mutual agreement of the parties hereto. EXECUTED on the date shown opposite the signature of each party. Page 14of16 SCORE 4A Small Business Development Agreement 08122010 — 1 97— Corpus Christi Business & Job Development Corporation By: Eloy Salazar Chairperson Date: Attest By: Armando Chapa Assistant Secretary Page 15of16 SCORE 4A Small Business Development Agreement 08122010 —198- SCORE Chapter 221 By: Robert Browning President Date: State of Texas§ County of Nueces§ Before me on this day, Robert Browning, President, SCORE Chapter 221, personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed this agreement stated as the act of SCORE, for the purposes and consideration expressed in the instrument. Given under my hand and seal of office this the day of , 2010. Notary Public, State of Texas Page 16 of 16 SCORE 4A Small Business Development Agreement 08122010 —199— SMALL BUSINESS INCENTIVES PROJECT SUPPORT AGREEMENT SCORE CHAPTER 221 FOR SMALL BUSINESS ASSISTANCE This Small Business Incentives Project Support Agreement ( "Project Support Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, SCORE Chapter 221 has submitted a proposal to the Corporation to request small business incentives of approximately $50,000 to be used to assist SCORE Chapter 221 in its operation of its program to assist small business employers in the City of Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to SCORE Chapter 221; and WHEREAS, the Corporation and SCORE Chapter 221 have executed an Agreement to Grant Small Business Incentives to SCORE Chapter 221 for the creation of jobs to assist small business employers ( "Small Business Incentives Agreement "). 4ASCORE Project Agreement 4A -City 08092010 Page 1 of 3 —200 — Exhibit B In consideration of the covenants, promises, and conditions stated in this Project Support Agreement, the Corporation and the City agree as follows: 1. Project Support Agreement to Implement Small Business Incentives Agreement. This Project Support Agreement between the City and the Corporation is executed to implement the Agreement to Grant Small Business Incentives to SCORE Chapter 221 for small business assistance between the Corporation and SCORE Chapter 221. 2. Term. The term of this Project Support Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Support Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Support Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Support Agreement or the application of this Project Support Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Support Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Support Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Support Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Support Agreement, then the remainder of this Project Support Agreement is not 4ASCORE Project Agreement 4A -City 08092010 Page 2 of 3 —201— affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Support Agreement automatically. 8. Captions. The captions in this Project Support Agreement are for convenience only and are not a part of this Small Business Incentives Project Support Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Support Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form this day of , 2010. R. Jay Reining First Assistant City Attorney for City Attorney 4ASCORE Project Agreement 4A -City 08092010 Page 3 of 3 —202— 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 AGENDA ITEM: Resolution approving a small business incentive agreement between the Corpus Christi Business and Job Development Corporation and Coastal Bend WorkForce Development Board that provides a grant of up to $20,880 for Workforce Solutions' small business employer intern program and authorizing the City Manager, or designee, to execute a small business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Coastal Bend Workforce Development Board Small Business Incentive Agreement ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: Council approved a 12 month business incentive agreement on December 11, 2007; April 13, 2010 approved a 4 month agreement in the amount of $12,760. CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to WorkForce in the amount of $20,880 for an intern program to assist small businesses in Corpus Christi. Igor Emily . inez �' Interim r erector of E +.'*RT•T: emilym @cctexas.com 826 -3312 is Development BACKGROUND INFORMATION The partnership program will assist small businesses by providing access to students who will serve as interns in professional level positions. The small businesses will pay the intern minimum wage, currently $7.25 /hour, and Texas A &M University - Corpus Christi and Del Mar College will match the small business contribution with Type A funds. WorkForce will provide outreach activities to support the Internship project proposed byTAMUCC and Del Mar College. • WorkForce is requesting a total amount of $20,880 Following is the Management and Operations Plan for WorkForce: SERVICES WorkForce will provide employer outreach activities to support the internship project proposed by TAMUCC and Del Mar College. They are requesting full funding fort interns for 12 months, beginning August 2010 through July 31, 2011. The interns will be working 20 hours a week for 16 weeks. Workforce Solutions PROGRAM OUTCOME The 2 interns funded will work with the WorkForce Business Services Team to outreach employers. WorkForce will share its database of employers for interns to research and contact small businesses that may benefit from the internship program. The 2 interns will be directly supervised by WorkForce field staff. The goals of each intern will be to contact 100 small business employers each semester to promote participation in the internship programs of the participating college and university. Employers interested in the internship programs will be referred to the internship programs of both college and university. The goal of the project is the creation of 1 new full time job for every 10 student intern positions funded (a 10% new job "return on investment "). The secondary benefit of the program is providing students real -world experience, while they are making a living wage without working extended hours and developing potential full -time employment opportunities following graduation. PERFORMANCE REQUIREMENTS To assure follow -up of contacts developed the outreach interns will also share the employer contact information with both the college and university. The college and university will, through their respective work study programs, be responsible for paying the matching wage training stipend of the interns located with targeted small businesses. Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND COASTAL BEND WORKFORCE DEVELOPMENT BOARD THAT PROVIDES A GRANT OF UP TO $20,880.00 FOR WORKFORCE SOLUTIONS' SMALL BUSINESS EMPLOYER INTERN PROGRAM AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE COASTAL BEND WORKFORCE DEVELOPMENT BOARD SMALL BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, the Type A Board has determined that the Coastal Bend Workforce Development Board ( "Workforce Solutions") could help small businesses within Corpus Christi create jobs by promoting the small business student intern programs at Texas A & M University — Corpus Christi ("TAMU -CC ") and Del Mar College ( "Del Mar ") to small businesses in the City; WHEREAS, the Type A Board has approved a Small Business Incentive Agreement with Workforce Solutions that provides a grant of up to $20,880.00 to Workforce Solutions for promoting the small business student intern programs; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the small business incentive project support agreement; and WHEREAS, there is a need for a small business incentive project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the business incentive agreement with Workforce Solutions to assist small businesses by promoting the small business student intern programs at TAMU -CC and Del Mar; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentives agreement between the Type A Board and Workforce Solutions for Workforce Solutions' Small Business Employer Intern Program, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with Workforce Solutions for RESOLUTION — Workforce Solutions Smell Business Agreemea2 098292010 Page 2 of 3 Workforce Solutions' Small Business Employer intern Program, which is attached to this resolution as Exhibit B. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: o2.S day of August, 2010. I. Ja ei ng First Assi tant City orney For City Attorney RESOLUTION — Workforce Solutions Small Business Agreeme2t08092010 Page 3 of 3 Corpus Christi, Texas of ,2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler. Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott RESOLUTION — Workforce Solutions Small Business Agreemfr2t0-515D92010 SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND COASTAL BEND WORKFORCE DEVELOPMENT BOARD FOR PROMOTION OF THE SMALL BUSINESS STUDENT INTERN PROGRAMS AT TEXAS A & M UNIVERSITY — CORPUS CHRISTI AND DEL MAR COLLEGE This Small Business Incentive Agreement ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Coastal Bend Workforce Development Board, doing business as Workforce Solutions of the Coastal Bend ('Workforce Solutions "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Workforce Solutions has requested business development funds from the Board to assist small businesses by promoting the small business student intern programs at Texas A & M University Corpus Christi ( "TAMU -CC ") and Del Mar College ( "Del Mar ") to small businesses in the City; Page 1 of 11 SMALL BUSINESS INCENTIVES AGREEMENT -- Workforce_ dos Interns -- 08102010 Gvhihit G WHEREAS, the student interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 student intern positions funded (a 10% new job "return on investment "); WHEREAS, a secondary benefit of the small business student intern programs is providing students real -world experience, while they are making a living wage without working extended hours and developing potential full -time employment opportunities following graduation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Workforce Solutions, through this Agreement with Workforce Solutions, to make small business in the City aware of the benefits of the small business student intern programs at TAMU- CC and Del Mar. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Workforce Solutions agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is from August 1, 2010 through July 31, 2011. 3. Grant. a. The Corporation will grant Workforce Solutions an incentive of up to Twenty Thousand Eight Hundred Eighty Dollars ($20,880.00), which must be used to fund two part-time student interns, who will be paid twice the minimum wage, while participating in Workforce Solutions' Small Business Employer Intern Program. b. The Corporation's grant conditioned upon Workforce Solutions' successful completion of the terms of this Agreement, including, but not limited to, the performance requirements and conditions precedent in Section 4 of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Workforce Solutions to its student interns during the prior month. Page 2 of 11 SMALL BUSINESS INCENTIVES AGREEMENT — Workforce Sntirs Interns -- 08102010 4. Workforce Solutions' Duties and Responsibilities. a. Workforce Solutions shall provide small business employer outreach and promotional activities to support the Small Business Student Intern Projects at TAMU—CC and Del Mar. b. Workforce Solutions shall employ at least two student interns with the funds granted under this Agreement, who will work with the Workforce Solutions Business Services Team to research and contact small businesses that may benefit from the TAMU -CC and Del Mar small business student intern programs. The goal of the Workforce Solutions' small business student intern program is to contact 75 small business employers to encourage their participation in the TAMU —CC and Del Mar small business student intern programs. The Workforce Solutions' student interns shall refer the small business employers to TAMU - -CC and Del Mar. c. Workforce Solutions' student interns in the small business outreach and promotional activity must work at least twenty (20) hours per week for up to twelve (12) weeks during each of the following periods: Fall Semester of 2010, Spring Semester of 2011, and Summer Session of 2011. d. Workforce Solutions shall provide administrative oversight, direct supervision, and workplace resources for the student interns funded under the grant from the Corporation. e. Workforce Solutions shall pay the student interns funded under this Agreement an hourly wage of twice Federal minimum wage, for a wage of $14.50 per hour, plus administrative and personnel costs. f. The outreach and promotional activity services to be provided under this Agreement are provided on a cost reimbursement basis. Workforce Solutions shall invoice the Corporation for the above costs after they are incurred and documented. g. Workforce Solutions shall continuously meet the performance requirements in this section during the entire term of this agreement. 5. Reports and Monitoring. a. Workforce Solutions shall provide a report at the end of the term of this Agreement, certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, Workforce Solutions employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. b. Workforce Solutions, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, Page 3 of 11 SMALL BUSINESS INCENTIVES AGREEMENT — Workfarct9 I1t2tys Interns — 08102010 reasonable access to Workforce Solutions' employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 6. Warranties. Workforce Solutions warrants and represents to Corporation the following: a. Workforce Solutions has the authority to enter into and perform, and will perform, the terms of this Agreement. b. The individual executing this Agreement on behalf of Workforce Solutions is duly authorized to execute this Agreement on behalf of Workforce Solutions. c. No litigation or governmental proceeding is pending or, to the knowledge of Workforce Solutions or Workforce Solutions' officers, threatened against or affecting Workforce Solutions that may result in any material adverse change in Workforce Solutions' business, properties, or operations. No consent, approval, or authorization of or registration or declaration within any governmental authority is required in connection with the execution of this Agreement or the transactions contemplated by this Agreement. d. No certificate, statement, or information provided by Workforce Solutions to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this Agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the certificate, statement, or information from being misleading. e. To the best of its knowledge, Workforce Solutions has acquired and maintained all necessary rights, licenses, permits, and authority to carry out this Agreement, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. f. The funds granted through this Agreement must be utilized solely for the purpose of offsetting the cost of creating and maintaining the interns for Workforce Solutions' Small Business Employer Intern Program. g. Workforce Solutions shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. h. Workforce Solutions shall timely and fully comply with all of the terms and conditions of this Agreement. Page 4 of 11 SMALL BUSINESS INCENTIVES AGREEMENT — Workforce3211t4s interns — 08102010 1 Workforce Solutions has reviewed a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations and is available on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. j. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used as authorized by State law, then Workforce Solutions shall repay the funds to the Corporation within 30 days of written notice requesting reimbursement. k. If an audit determines that the funds were not used for authorized purposes , Workforce Solutions agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. I. There are no bankruptcy proceedings currently pending concerning Workforce Solutions, nor are any such proceedings contemplated by Workforce Solutions, as of the date of execution of this Agreement by Workforce Solutions. m. Workforce Solutions shall provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time, 7. All representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated by this Agreement, shall survive the original execution date of this Agreement. 8. Compliance with Laws. Workforce Solutions shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non - Discrimination. Workforce Solutions covenants and agrees that Workforce Solutions will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Workforce Solutions are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Workforce Solutions are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. Page 5 of 11 SMALL BUSINESS INCENTIVES AGREEMENT -- Workforce 2l1tiin1 Interns — 08102010 11. Assignment. Workforce Solutions may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by law, Workforce Solutions covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Workforce Solutions activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. Workforce Solutions must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of Workforce Solutions to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of Workforce Solutions contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 14. Notice of Default. Should the Corporation or City determine that Workforce Solutions is in default according to the terms of this Agreement, the Corporation or City shalt notify Workforce Solutions in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Workforce Solutions to cure the event of default. 15. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances Page 6 of 11 SMALL BUSINESS INCENTIVES AGREEMENT — Workforc21tiisas interns — 08102010 that might have occurred through no fault of Workforce Solutions, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Workforce Solutions shall immediately repay all funds paid by Corporation under this Agreement. b. Workforce Solutions shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Workforce Solutions under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Workforce Solutions' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Workforce Solutions is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Limitation on Corporation's Liability. Workforce Solutions specifically agrees that Corporation shall only be liable to Workforce Solutions for the actual amount of the money grants to be conveyed to Workforce Solutions , and shall not be liable to Workforce Solutions for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Page 7 of 11 SMALL BUSINESS INCENTIVES AGREEMENT — Workforce Igtisna Interns — 08102010 a. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement, being August 1, 2010, through July 31, 2011. b. Corporation will use its best efforts to anticipate economic conditions and to budget accordingly. c. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. d. Payments to be made shall also require a written request from Workforce Solutions to be accompanied by all necessary supporting documentation. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Workforce Solutions: Workforce Solutions of the Coastal Bend c/o Larry Demieville Director of Business Development 520 N. Staples Street Corpus Christi, Texas 78401 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Page 8 of 11 SMALL BUSINESS INCENTIVES AGREEMENT -- Workforce4FliefiRs Interns — 08102010 c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and Workforce Solutions will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Workforce Solutions. Any prior Agreements, promises, negotiations, or Page 9 of 11 SMALL BUSINESS INCENTIVES AGREEMENT — Workforce- 92I1tens Items — 08102010 representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 26. Survival of Terms of Agreement and Obligations of Parties. The terms of this Agreement and the following obligations of the parties survive the termination of this Ag reement: a. Payment by the Corporation of the portion of the grant for salaries of interns during the 2010 summer session under Section 5.c. b. Workforce Solutions' record keeping and reporting requirements under Sections 4, 5, and 6. c. Workforce Solutions' duty to repay funds not used for an authorized purpose under Section 7. Corpus Christi Business & Job Development Corporation By: Eloy Salazar President Date: Attest: By: Armando Chapa Assistant Secretary Page 10of11 SMALL BUSINESS INCENTIVES AGREEMENT — Workforce441os Interns — 08102010 Coastal Bend Workforce Development Board By: Date: Beejay Williams Interim President/CEO THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Beejay Williams, Interim President/CEO, Coastal Bend Workforce Development Board, a Texas nonprofit corporation, for the corporation. Notary Public State of Texas Page 11 of 11 SMALL BUSINESS INCENTIVES AGREEMENT — Workforce S212tgr]8 Interns — 08102010 SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT This Small Business Incentives Project Service Agreement ( "Project Service Agreement') is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 118 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Coastal Bend Workforce Development Board ('Workforce Solutions ") has submitted a proposal to the Corporation for $20,880.00 to assist small businesses by promoting the small business student intern programs at Texas A & M University — Corpus Christi ( "TAMU -CC ") and Del Mar College ( "Del Mar ") to small businesses in the City; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Workforce Solutions' Small Business Employer Intern Program; and WHEREAS, the Corporation and Workforce Solutions have executed a small business incentives project agreement for Workforce Solutions' Small Business Employer Intern Program. Page 1 of 3 Workforce Solutions — Project Support Agreement 4A -City — 0.82/ 41.11 Fvhihi+ R In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for Workforce Solutions' Small Business Employer Intern Program between the Corporation and Workforce Solutions ( "Small Business Incentives Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not Page 2 of 3 Workforce Solutions -- Project Support Agreement 4A- City -- OB2 122 affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager President Date: Date: Attest: Armando Chapa City Secretary Approved as to Legal Form: _.. , 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 Workforce Soiutions — Project Support Agreement 4A- City -- O8p3 0 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 AGENDA ITEM: RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS, INC. , WHICH PROVIDES GRANTS OF UP TO FOUR HUNDRED THOUSAND DOLLARS ($400,000,00), FOR THE INTEREST BUY - DOWN AND GRANT PROGRAMS FOR SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE ACCION TEXAS SMALL BUSINESS INCENTIVES AGREEMENT ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: August 28, 2007 council approved a resolution, in the amount of $200,000 for an interest buy -down program. On March 11, 2008, council approved a resolution in the amount of $50,000 for a pilot initiative to provide interest buy - downs for existing small businesses. On July 29, 2008, Council Approved a resolution in the amount of $350,000 for interest buy -down program to assist small business; Approved an incentive agreement on May 12, 2009 in the amount of $400,000 CONCLUSION AND RECOMMENDATION: Staff recommends approval of current level funding to grant business incentives to ACCION Texas, Inc., in the amount of $400,000 for an interest buy -down program to assist small businesses in Corpus Christi. Emily Ma ez Interim Director of E "TT0c Development emilym(c�cctexas.com 826 -3312 soz BACKGROUND INFORMATION Summary ACCION Texas, Inc., has been administering a micro - lending program in Corpus Christi for more than three years, and has disbursed almost $2.3 million and over 230 loans. This was accomplished with the help of the City of Corpus Christi buying down the interest rate of loans to a 5.5% interest rate for struggling small business owners that did not qualify for bank loans and were willing to hire an additional employee. Many of these small businesses were start-ups and had little to no collateral. When the City of Corpus Christi Interest Buy -Down Program first began in 2004, the initial disbursement of loans was relatively slow; in the last quarter of 2004 and all of 2005 combined, ACCION Texas made only 14 buy -down loans. However, through the implementation of an effective marketing campaign using TV and radio advertisements, ACCION Texas has greatly increased the amount of loans disbursed through this program; in 2009 -2010, ACCION disbursed 61 low- interest loans. The investment of $350,000 from the City of Corpus Christi would be leveraged with ACCION Texas funds. The program for FY 10 -11 will utilize $200,000 for start-up and existing businesses that have little or no access to traditional credit and $150,000 will be used for existing businesses that wish to expand; $50,000 will be utilized for a grant program towards applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit. This grant will boost the applicant's ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is less. Borrowers will continue to be evaluated for their potential to create new permanent jobs as a result of access to reduced -cost capital. ACCION Texas will contribute $1.75 million in loan capital to this program. These loans are projected to create 110 new jobs and generate over $1 million in new revenues in the City of Corpus Christi. Year # of Loans Loan Amount Disbursed 2004 -2005 11 $229,523 2005 -2006 13 • $292,827 2006 -2007 22 $401,732 2007 -2008 30 $607,665 2008 -2009 67 _ $1,106,230 2009 -2010 61 $1 ,144,271 Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCIoN TEXAS, INC. , WHICH PROVIDES GRANTS OF UP TO THREE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($375,000.00), FOR THE INTEREST BUY - DOWN AND GRANT PROGRAMS FOR SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE ACCION TEXAS SMALL BUSINESS INCENTIVES AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, in 2007, the Type A Board requested proposals and determined that the proposal from ACCI6N Texas Inc. (ACCION Texas), best provided assistance for small business support; WHEREAS, ACCI6N Texas Inc. (ACCION Texas), has requested continued funding from the Corporation for the successful interest buy -down program that assists small businesses; WHEREAS, ACCION Texas Inc. (ACCION Texas), has funding from the Corporation's proposed grant program to assist small businesses; WHEREAS, there is a need for a small business incentives project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the business incentives agreement with ACCION Texas for the interest buy -down and grant programs to assist small businesses in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentives agreement for the interest buy -down and grant programs for small businesses between the Type A Board and ACCION Texas, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with ACCION Texas for the interest buy -down and grant programs to assist small businesses in Corpus Christi, which is attached to this resolution as Exhibit B. Res - AgmtSmallBus- ACCIONapproval -- 08252010 —229— ATTEST: Armando Chapa City Secretary APPROVED: day of August, 2010. y R1ning Ffrst Assistan City Attorney For City Attorney Res - AgmtSmallBus- ACCIONapproval- 08252010 -230- Page 2 of 3 THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Res- AgmtSmallBus- ACCIONapprovaf- 08252010 -231- Page 3 of 3 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCIoN TEXAS, INC. FOR AN INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy -Down Program for Small Businesses ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and ACCION Texas, Inc., a Texas nonprofit corporation ( "ACCION Texas "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business 1ncentivess; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business lncentivess on September 18, 2007; WHEREAS, ACCION Texas is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, ACCION Texas anticipates, over the next twelve months, providing interest buy -down to 5.5% for approximately 60 loans with an average value of $25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full -time jobs; Page 1 of 14 ACCION %20Texas %20Agreement %2008092010 %20changes213 2 — Exhibit A WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to ACCI6N Texas, through this contract with ACCION Texas, to be used by ACCI6N Texas to buy -down the interest on commercial loans to 5.5% interest for small businesses and establish a small business grant program, both of which will result in creation of new full -time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and ACCION Texas agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from August 1, 2010, through July 31, 2011. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Loan Loss Reserve Program. a. The Corporation has previously provided $75,000 for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow ACCI6N Texas to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentivess ( "Corporation Guidelines), adopted on May 5, 2003, and amended on July 24, 2004, April 25, 2006, and April 10, 2007. d. ACCION Texas anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every $50,000 in loans that ACCION Texas provides to a small business in Corpus Christi, ACCI6N Texas shall ensure that the loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan form traditional lending institutions. h. Loan amounts shall be within the range of $5,000 to $75,000. Page 2 of 14 ACCION° %20Texas%20Agreement %2008092010 %2ochanges2j3 3 — i. ACCICN Texas shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. j. ACCICN Texas shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi s mall businesses or qualified small businesses locating to Corpus Christi. k. ACCICN Texas will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCICN Texas up to $350,000 for the Interest Buy -Down Program as follows: i. ACCICN Texas must first receive a request for a loan from a small business that has been in existence for not more than five (5) years located in Corpus Christi, or a business locating in Corpus Christi ( "Business "). ii. ACCICN Texas shall review the request for a loan from the Business. iii. Upon ACCICN Texas approval of a loan, and prior to the closing of the loan, ACCICN Texas shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5 %. The Corporation authorizes an interest buy -down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5 %)112 = N N x number of payments = interest buy down reimbursement to ACCICN Texas for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7%) / 12 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to ACCICN Texas for business loan. iv. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to ACCICN Texas within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. Page 3 of 14 ACCION %20Texas° %20Agreement %200809209 0 %20changee23 4 — v. The total funds available on an annual basis under the Interest Buy - Down Program under this agreement is $350,000. b. The loans assisted with the program must be within the range of $5,000 to $75,000. c. This program must result in the creation of one permanent full -time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. ACCI6N Texas shall ensure that the loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start -up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCI6N Texas can loan the remaining amount with the buy -down interest rate program in conjunction with the banklcredit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. A business or home -based business in existence for not more than five (5) years located in the Corpus Christi city limits. C. Current on payment of all sales taxes. D. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home -based businesses located outside the Corpus Christi city limits iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. ACCI5N Texas may use up to $200,000 to assist start -up and existing small businesses that have little or no access to traditional credit, and up to $150,000 to existing small businesses that wish to expand. Page 4 of 14 ACCION %2oTexas %20Agreement %2008092010 %20change [23 5 _ g. ACCION Texas shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy -Down Program, and other reports as requested by the Corporation. h. ACCION Texas shall provide funds for operations and loan capital to implement and sustain the program. i. ACCION Texas shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. j. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, ACCION Texas will return to the Corporation any unexpended funds remaining from the Loan Loss Reserve Program. 5. Small Business Grant Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCION Texas up to $50,000 for the Small Business Grant Program as follows: I. Grants to loan applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit, who could benefit from a grant to boost their ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is less. ii. Grants to loan applicants who want to use part of loan proceeds to reduce energy consumption or transition into green retail products. The grant amount may not exceed $2,500 or 25% of the upgrades presented in the loan file. iii. Grants to loan applicants who provide services for working families (e.g. both children and adult day care centers) to improve their facilities to be compliant with state /federal standards. The grant amount may not exceed $2,500. iv. Grants to loan applicants that are veteran owned businesses. The grant amount may not exceed $500. v. Working capital grants to holders of existing loans with ACCION Texas. If the loans that have paid routinely on time for a period of 24 months, the maximum grant amount may not exceed $1000. If the loans have been paid routinely on time for a period of 12 months on time payments, the maximum grant amount may not exceed $500 grant. Page 5of14 ACCION %20Texas%20Agreement %2008092010 %20change11 3 6 _ b. The loans assisted with the program must be within the range of $500 to $25,000. c. This program must result in the creation of one permanent full -time job per every related loan of at least $50,000 assisted through the Interest Buy Down Program. ACCION Texas shall ensure that the loans will result in the creation of one new full -time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCI6N Texas can loan the remaining amount with the buy -down interest rate program in conjunction with the banklcredit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. A business or home -based business in existence for not more than five (5) years located in the Corpus Christi city limits. C. Current on payment of all sales taxes. 11 Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Businesses located outside the Corpus Christi city limits ii. Home -based businesses located outside the Corpus Christi city limits ili. Grants to existing businesses which are not planning on expanding f. ACCI5N Texas shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the grants made, name and address of the business receiving the grant, jobs created under the related Interest Buy -Down Program, and other reports as requested by the Corporation. g. ACCIcN Texas shall provide funds to implement and sustain the program. h. ACCIRN Texas shall develop grant award criteria and payment terms and conditions for the grant loan program, and must provide copies of the criteria, terms, and conditions to the Corporation. Page 6 of 14 ACCION%20Texas %20Agreement %2008092010 %20changcg 7_ i. At the termination of this agreement or other conclusion of the Small Business Grant Program, ACCIcN Texas shall return to the Corporation any unexpended funds remaining from the Small Business Grant Program. 6. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38 {b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. ACCI JN Texas agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. ACCI}N Texas agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the small business. e. ACCION Texas shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 6. Buy Local Provision. a. ACCI6N Texas agrees to use its best efforts to 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. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 7. Local Offices. Two staff persons of ACCI6N Texas offices shall be located in Corporation designated offices or a mutually agreeable location. 8. Representation on ACCI3N Texas governing board. ACCI6N Texas agrees to appoint a person designated by the Corporation as a member of ACCI6N Texas governing board. 9. Warranties. ACCI{N Texas warrants and represents to Corporation the following: Page 7 of 14 ACCION %20Texas %20Agreement %2008092010 %20changesi12 3 8 — a. ACCI6N Texas is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. ACCION Texas has the authority to enter into and perform, and will perform, the terms of this Agreement. c. ACCION Texas has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. ACCION Texas has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, ACCRA Texas agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of ACCION Texas are duly authorized to execute this Agreement on behalf of ACCION Texas. 10. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non - Discrimination. ACCION Texas covenants and agrees that ACCION Texas will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or ACCION Texas are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or ACCION Texas are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. ACCI6N Texas may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and Page 8of14 ACC ION %2OTexas %20Agreement %2008092010 %20changss2}3 9 — City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. ACCiON Texas covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "lndemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with ACCION Texas activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. ACCION Texas must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default. The following events constitute a default of this Agreement: a. Failure of ACCION Texas to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of ACCI6N Texas contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against ACCION Texas or any attachment or other levy against the property of ACCI6N Texas with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. ACCI6N Texas makes an assignment for the benefit of creditors. e. ACCION Texas files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by ACCI6N Texas become delinquent, and ACCI6N Texas fails to timely and properly follow the legal procedures for protest or contest. Page 9 of 14 ACCION% 20Texas% 20Agreement %2008092010%20changes[2 4 0 _ g. ACCIoN Texas changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that ACCIbN Texas is in default according to the terms of this Agreement, the Corporation or City shall notify ACCI5N Texas in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period') for ACCIRN Texas to cure the event of default. 17. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of ACCIc5N Texas, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. ACCI6N Texas shall immediately repay all funds paid by Corporation under this Agreement. b. ACCI1 N Texas shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to ACCI6N Texas under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of ACCI6N Texas' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time ACCIRN Texas is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Page 10 of 14 ACCION %20Texas %20Agreement %2006092010 %2Ocfianges2]41 — 19. ACCION Texas specifically agrees that Corporation shall only be liable to ACCI6N Texas for the actual amount of the money grants to be conveyed to ACCION Texas , and shall not be liable to ACCI6N Texas for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being August 1, 2010, through July 31, 2011. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from ACCI6N Texas to be accompanied by all necessary supporting documentation. 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: ACCION Texas: ACCION Texas Attn.: Janie Barrera 2014 Hackberry San Antonio, Texas 78210 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Page 11 of 14 ACCION%20Texas %20Agreement %2006092010 %20changes[0 4 2 — 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2010 AGENDA ITEM: RESOLUTION APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND Del Mar College FOR THE FastTrac® Growth Venture TM Program, WHICH WILL PROVIDE UP TO $120,000 IN GRANTS TO PROGRAM PARTICIPANTS WHO CREATE AND RETAIN NEW JOBS FOR THEIR BUSINESSES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE Del Mar College SMALL BUSINESS INCENTIVE AGREEMENT ISSUE: To assist small business owners who desire to grow their business and create jobs. PREVIOUS COUNCIL ACTION: May 12, 2009, Council approved an agreement for $120,000 to provide a grant to program participants who create and retain new jobs for their business. CONCLUSION AND RECOMMENDATION: Staff recommends approval for continuation of current level funding at $120,000 to provide a grant to program participants who create and retain new jobs for their business. Emily Martinez Interim Director of E emilvmCccctexas.com 826 -3312 mic Development BACKGROUND INFORMATION FastTrac Growth Venture IM targets existing, successful small business owners with a desire to grow their business. Typically, these individuals are smart, articulate and focused on making their business a success. Their enterprise has grown past the start- up, survival phase, is profitable, has the beginnings of a management team and has the potential for sustainable, substantial growth. Focused on running the day -to day operations of their business, owners struggle with finding the time to plan, consider, or develop a strategy for growth. The FT Growth Venture program, written for and by entrepreneurs, allows participants to build a framework to recreate and revitalize their business. The program's primary objectives are designed to effectively evaluate and improve the following: • Overall business strategy and vision for the future • Ability to maintain a competitive advantage in the marketplace • Changing role in managing the business • Readiness for growth and profitability potential • Focus and alignment of all aspects of the business The program is an intensive ten week, interactive course. The twelve business owners will determine the current reality and then devise a plan. The program does not use the traditional, lecture based educational model. Hands -on coaching, discussion groups, individual exercises, (in and outside the classroom), guest speakers - experienced entrepreneurs and professionals - combine to stimulate, exercise, leverage and strengthen existing knowledge and skills. The project represents a new utilization for existing Workforce Solutions interns and the valuable small business contacts established by their efforts. This program will enhance and leverage the internship program already established by the Type A Board. The Corporation will fund up to 24 $5,000 grants to be awarded to twelve successful participants in program. In order to receive an initial $5,000 grant, prior to June 30, 2011, the successful participants must: (1) Complete the course. (2) Represent a "business expansion." (3) Retain all of their existing jobs. A second $5,000 grant is available to successful participants who create and retain at least one new job for a minimum of six months, while retaining all of their existing jobs. -246- Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTTRAC® GROWTH VENTURE"' PROGRAM, WHICH WILL PROVIDE UP TO $120,000 IN GRANTS TO PROGRAM PARTICIPANTS WHO CREATE AND RETAIN NEW JOBS FOR THEIR BUSINESSES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVES PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR COLLEGE SMALL BUSINESS INCENTIVES AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Board ") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, in 2008, the Type A Board requested proposals and determined that the proposal from Del Mar College ( "Del Mar"), best provided assistance for small business support; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the small business incentives project support agreement; WHEREAS, the Type A Board's small business incentives agreement with Del Mar for the FastTrac® Growth Venture TM Program authorizes up to $120,000 in grants to program participants who create and retain new jobs for their businesses. WHEREAS, there is a need for a small business incentives project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the small business incentives agreement with Del Mar for FastTrac® Growth Venture TM Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentives agreement between the Type A Board and Del Mar for the FastTrac® Growth Venture TM Program, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with Del Mar for the FastTrac® Growth Venture TM Program, which is attached to this resolution as Exhibit B. RESOLUTION -- Small Business Agreement — Del Mar FastTrage11 08182010 Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: c2c day of August, 2010. R. J ' eng Fir t Assistant City Attorney For City Attorney RESOLUTION -- Small Business Agreement — Del Mar FastTrazn 1 OB182010 Page 3 of 3 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott RESOLUTION -- Small Business Agreement — Del Mar FastTra2406 1 08182010 SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTRAC GROWTH VENTURE PROGRAM This Small Businesses Incentive Agreement ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College, a Texas junior college district ( "Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar is a Texas institution of higher education; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Del Mar, through this contract with Del Mar, to be used by Del Mar for the FastTrac® Growth Venture Program, which will result in creation of at least 12 new full -time permanent jobs in the City of Corpus Christi. Page 1 of 9 SMALL BUSINESS INCENTIVE AGREEMENT — Del Mar Fastlrrc,08182010 Exhibit A In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is from January 1, 2011, through December 31, 2011. 3. Grant. The Corporation will fund up to 24 $5,000 grants to be awarded to twelve successful participants in Del Mar's FastTrac® Growth Venture TM. FastTrac® Growth VentureTM is an intensive ten week, interactive course that targets existing, successful small business owners with a desire to grow their business. a. In order to receive an initial $5,000 grant, prior to June 30, 2011, the successful participants must: (1) Complete the course. (2) Represent a "business expansion." (3) Retain all of their existing jobs. b. In order to receive a second $5,000 grant, the successful participants must create and retain at least one new job for a minimum of six months, while retaining all of their existing jobs. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained for at least six months. d. Del Mar agrees to provide Corporation with a sworn certificate by authorized representative of each small business assisted under this Agreement certifying the number of full -time permanent employees employed by the small business. e. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. Page 2 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FaatIr cp6j$2010 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to 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. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement. b. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. c. DEL MAR has reviewed a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations and is available on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. d. If an audit determines that the funds were not used for authorized purposes, Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 7. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other Page 3 of 9 SMALL BUSINESS INCENTIVE AGREEMENT — Del Mar Fast 28i 82010 causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. To the extent authorized by law, Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees '9 against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty an behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. Page 4 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar Fast-Mal/32010 d. Del Mar makes an assignment for the benefit of creditors. e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. 13. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Del Mar to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Page 5 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar Faet&182010 Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 2010, through December 31, 2010. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Small Business Development Center 101 Baldwin, CED -146 Corpus Christi, TX 78404 -3897 Attn: Director, SBDC Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager Page 6 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar Fasts 8162010 P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Page 7 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar Fesdr5c68182010 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to [what survives] shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar Chairperson Armando Chapa Assistant Secretary Page 8 of 9 SMALL BUSINESS INCENTIVE AGREEMENT — Del Mar Fas4-12638182010 Del Mar College By: Mark Escamilla, Ph.D President Date: THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 9 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar Faat12#86 82090 SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT FOR DEL MAR COLLEGE'S FASTTRAC® GROWTH VENTURE", PROGRAM This Small Business lncentivess Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business lncentivess; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentivess on September 18, 2007; WHEREAS, Del Mar College has submitted a proposal to the Corporation for $120,000.00 for FastTrac® Growth Venture TM Program; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar College's FastTrac® Growth Venture TM Program; and WHEREAS, the Corporation and Del Mar College have executed a small business incentives project agreement for the FastTrac® Growth Venturer"' Program. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: Page 1 of 3 —259 — Project Support Agreement A -City -- Del Mar FastTrac 08182010 R 1. Project Service Agreement to Implement Business incentivess Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for the FastTrace Growth Venturer"" Program between the Corporation and Del Mar College ( "Small Business Incentives Agreement). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or _2P6age2of3 Project Support Agreement A -City — Del Mar FastTrac 08182010 unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eioy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: August, 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3of3 _261_ Project Support Agreement A- City -- Del Mar FastTrac 08182010 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 24, 2010 AGENDA ITEM: ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII, "DEVELOPMENT SERVICES FEES ", DIVISION 1, "TECHNICAL CONSTRUCTION CODE FEES ", SECTION 14 -1302, "STANDARDIZED BUILDING VALUATION"; SECTION 14 -1304, "PROCESSING AND PLAN REVIEW FEE"; SECTION 14 -1306, "SPECIAL FEES"; SECTION 14 -1307, "REDUCED FEES"; SECTION 14 -1312, "ACCOUNTING"; AND SECTION 14 -1313, "TECHNICAL CONSTRUCTION CODE FEE SCHEDULES ", OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE FOR MINIMUM PERMIT FEES, SIMPLIFIED METHODS TO CALCULATE BUILDING PERMIT FEES AND PLAN REVIEW FEES; TO PROVIDE FOR EXPEDITED PLAN REVIEW BY INTERNAL STAFF; TO PROVIDE FOR CUSTOMIZED PLAN REVIEW; TO PROVIDE DISCOUNTS OF FEES TO PERMIT HOLDERS MEETING CERTAIN REQUIREMENTS; TO PROVIDE FOR SPECIAL INSPECTIONS ON NON - STANDARD DAYS AND HOURS; TO PROVIDE FOR CERTIFICATES OF COMPLETION FOR SHELL BUILDINGS; TO PROVIDE FOR FEES FOR CONSTRUCTION SITE OFFICES, FEES FOR BOTH STANDARD AND DUPLICATE CERTIFICATES OF OCCUPANCY, FEES FOR TEMPORARY EVENTS, PENALTY FEES, INSPECTIONS OUTSIDE OF THE CITY LIMITS, ELECTRICAL PERMIT FEES, PLUMBING PERMIT FEES, MECHANICAL PERMIT FEES, FUEL GAS PERMIT FEES, SWIMMING POOL FEES; AND PROVIDING FOR FEES FOR EXISTING APPLICATIONS MADE PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 2010. ISSUE: The City's Department of Development Services operations are currently funded by a combination of fee revenues and allocations from the General Fund. They City's adopted budget for fiscal year 2010 -2011 includes a reduction in this General Fund allocation, and a corresponding increase in fee revenues. The proposed amendments to the Development Services fee structure are necessary to ensure that the budgeted fee revenues are realized. REQUIRED COUNCIL ACTION: Approval of the ordinance amending the fee schedule. PREVIOUS COUNCIL ACTION: Approval of an ordinance amending fees as part of the budget adoption process. The action was tabled for sixty (60) days. CONCLUSION AND RECOMMENDATION: Approval of the ordinance o amend the fees. Juan Perales Jr., P.E. Assistant City Manager johnnyp @cctexas.com (361) 826 -3245 Attachments: Proposed Fee Schedule BACKGROUND INFORMATION The City's Department of Development Services operations are currently funded by a combination of fee revenues and allocations from the General Fund. They City's adopted budget for fiscal year 2010- 2011 includes a reduction in this General Fund allocation, and a corresponding increase in fee revenues. The proposed amendments to the Development Services fee structure are necessary to ensure that the budgeted fee revenues are realized. Council was originally presented the proposed fee schedule as part of the FY 2010 -2011 budget adoption process. However, the fee schedule was in a state of flux while staff continued to build consensus with the various stakeholder groups. The action was tabled for sixty (60) days. Final consensus has been reached with the major stakeholder groups, including their contributing a substantial amount of input into the final fee schedule. Future discussion includes infrastructure fee analysis as well as developing further process improvements to achieve more efficiencies and better economies of scale. Two of the major groups have submitted letters of support for the new fee schedules which includes a much more simplified method to calculate fees that is much more consistent with private sector methods. Development Services continues its commitment to consistency, accountability, transparency, and partnership with the community. Consistency and Accountability is our number one goal. —266— 1 ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII, "DEVELOPMENT SERVICES FEES ", DIVISION 1, "TECHNICAL CONSTRUCTION CODE FEES ", SECTION 14 -1302, "STANDARDIZED BUILDING VALUATION "; SECTION 14 -1304, "PROCESSING AND PLAN REVIEW FEE "; SECTION 14 -1306, "SPECIAL FEES "; SECTION 14 -1307, "REDUCED FEES "; SECTION 14 -1312, "ACCOUNTING "; AND SECTION 14 -1313, "TECHNICAL CONSTRUCTION CODE FEE SCHEDULES", OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE FOR MINIMUM PERMIT FEES, SIMPLIFIED METHODS TO CALCULATE BUILDING PERMIT FEES AND PLAN REVIEW FEES; TO PROVIDE FOR EXPEDITED PLAN REVIEW BY INTERNAL STAFF; TO PROVIDE FOR CUSTOMIZED PLAN REVIEW; TO PROVIDE DISCOUNTS OF FEES TO PERMIT HOLDERS MEETING CERTAIN REQUIREMENTS; TO PROVIDE FOR SPECIAL INSPECTIONS ON NON - STANDARD DAYS AND HOURS; TO PROVIDE FOR CERTIFICATES OF COMPLETION TO SHELL BUILDINGS; TO PROVIDE FOR FEES FOR CONSTRUCTION SITE OFFICES, FEES FOR BOTH STANDARD AND DUPLICATE CERTIFICATES OF OCCUPANCY, FEES FOR TEMPORARY EVENTS, PENALTY FEES, INSPECTIONS OUTSIDE OF THE CITY LIMITS, ELECTRICAL PERMIT FEES, PLUMBING PERMIT FEES, MECHANICAL PERMIT FEES, FUEL GAS PERMIT FEES, SWIMMING POOL FEES; AND PROVIDING FOR FEES FOR EXISTING APPLICATIONS MADE PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 2010. SECTION 1. Code of Ordinances, Chapter 14, Development Services, Article XIII, Development Services Fees, is amended by revising the Article to read as follows: "Division 1. Technical Construction Code Fees. Sec. 14 -1301. General requirements. (a) Fees required. A fee must be paid for any installation, alteration, addition, change, or repair that requires a permit under the technical construction codes. (1) A permit may not be issued until the prescribed fees have been paid. (2) An amendment to a permit may not be released until any additional fees, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, gas, or energy conservation systems, have been paid. (Ord. No. 25467, § 1, 9 -9 -2003) Sec. 14 -1302. Standardized building valuation. (a) The standardized building valuation system to be used to compute construction permit fees will consider the total value of all construction work, including plumbing, electrical, paving, parking, driveway approach, energy conservation, fuel gas, mechanical equipment, and other systems, including appurtenances and site improvements, materials, labor, contractor's profit and overhead. (1) The valuation of building, alteration, or structure used in computing building permit fees will be based on, and at least equivalent to, the latest standardized building valuation data as published by the H:1LEG- DJR\L.isa12010 OrdinancelFee Table - legislative version8.16.2010.doc 2 International Code Council Building Safety Journal, as adjusted by the latest regional construction cost adjustment factors published annually by Engineering News Record. The building official may alternatively accept a comparable valuation submitted by the applicant. The applicant's valuation shall be verified against the Elimination of Architectural Barriers Report, if one is required, and the higher of the two (2) valuations shall be used. In the event the Elimination of Architectural Barriers Report valuation is not available prior to issuance of the permit, the Elimination of Architectural Barriers Report valuation shall be confirmed prior to conducting the fmal inspection. If additional permit fees are required, the fmal inspection shall not be passed until all fees are paid. If no Elimination of Architectural Barriers Report is available, the building official may refer to the latest standardized building valuation data as published by the International Code Council Building Safety Journal, as adjusted by the latest regional construction cost adjustment factors published annually by Engineering News Record. (2) The applicant for a construction permit may appeal any determination of the Building Official to the building code board of appeals. (3) Standardized building valuations required pursuant to paragraph (1) will be used as the basis for paw permitting of a project, ... , • , (4) Standardized building valuations required pursuant to paragraph (1) for pre - engineered metal building warehouses must be values derived pursuant to paragraph (1). (5) Standardized building valuations required pursuant to paragraph (1) will be derived from the latest data published by International Code Council Building Safety Journal and Engineering News Record and adjusted based on the regional multiplier published by the International Code Council. (6) The standardized building valuations referred to in paragraph (1) are adopted by reference and declared to be a part of this section. (7) If, in the opinion of the Building Official, or the Building Official's authorized representative, the valuation of a commercial building, alteration, structure, electrical, energy conservation, fuel gas, mechanical, or plumbing systems appears to be underestimated on the application, the permit may be denied, unless the applicant can show detailed estimates or appraisals that meet the approval of the Building Official. Alternatively, the Building Official may set the permit valuation pursuant to the standardized building valuation data adopted in paragraph (I), and issue the permit with a fee based on that valuation. Permit valuations must be based upon total construction cost, such as electrical, energy conservation, fuel gas, mechanical, plumbing equipment and other systems, including materials and labor, site improvements, contractor's profit and overhead. (b) When determining the value that is applied to the fee schedule, values are rounded up to the next higher one thousand dollar- valuation category. Sec. 14-1303. Calculation of building area for residential construction. (a) Except as provided in subsection (b) of this section, building area includes all rooms and spaces within the main structure, except for attached (1) covered patios open to the environment and (2) front and rear porches open to the environment. (b) The building area for residential roofing/re-roofmg includes attached garages, covered patios open to the environment, and front porches and rear open to the environment. (c) Accessory residential construction includes rem storage rooms, utility rooms, garages, carports, patio covers, raised decks, skate board ramps, greenhouses, portable buildings, gazebos, and other similar uses. Sec. 14 -1304. Processing and plan review fee. (a) A processing and plan review fee must be paid in addition to the regular permit fee as in the fee schedule published in Table 13 -1. H:1LEG- DIRILisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc -268- 3 (b) The plan review fees must be paid at the time application is filed for each application processed and reviewed for the purposes of obtaining a permit as required by the technical construction codes7ineleding except: (1) ( Additiens, (4) Major change in use. 1.Permits categorized over the counter as deemed by the Building Official. An official list will be published each calendar year. _ -- (4 ) (c) Plan review fee is non - refundable. (e)- (d) A third party plan review or inspection may be requested by the applicant at the time the application is filed, The fee for a third party plan review or inspection requested by the applicant pays the costs of services of an approved third party consultant and the applicable overhead rate. The fee for a third party plan review requested by the applicant must be paid at the time the application is filed. The fee for a third party inspection requested by the applicant must be paid prior to the inspection. The fees for third party plan review and inspection requested by the applicant are listed in the fee schedule in section 14 -1313. Third party consultant contracts are available through the development services department. (e) Expedited plan review by internal staff may be requested by the applicant at the time the application is filed. The expedited fee is payable at the time of application submittal according to the fee schedule published in Section 14 -1313. Expedited Plan Review does not constitute an approval of submitted plans. (f) Customized Plan Review. 1. Customers who desire expedited approval may schedule a meeting with the Plan Review Coordinator and staff in order to obtain the necessary permits for the submitted project. Customers must be accompanied by their design professional(s), (engineers, contractors, owners., or any else) who may make on the spot corrections, changes or decisions necessary to address all of the deficiencies on the plans. 2. Submitted plans must be ready for permit issuance. 3. If all plan deficiencies can be addressed, a site /foundation permit has or can be issued, a Contractor has been hired and is present, and all fees paid, then a Building Permit will be issued at the end of the customized plan review meeting. 4. If some issues cannot be resolved at the Customized Plan Review meeting, but can be addressed at a later date, another Customized Plan Review meeting will not be required. Once the issues addressed, a Building Permit will be issued to the contractor. Sec. 14 -1305. Minimum fee. In the event the total fees, under the applicable fee are less than designated minimum fee, the minimum permit fee applies. Sec. 14 -1306. Special fees. (a) Re -out inspection. A re -out inspection fee is required for the purposes of obtaining a temporary and/or permanent electrical release. H:1LEG- D1R1Lisa12010 ordinance\Fee Table- legislative version8.16.2010.doc -269- 4 (1) A separate re -out inspection fee will not be charged when a certificate of occupancy fee has been paid. (2) If the re -out inspection is performed concurrently with the electrical permit inspection, and the electrical permit fee has been paid, a separate re -out inspection fee will not be charged. (b) Failure to obtain permit. (1) The applicable surcharge and investigation fee must be paid to help defray the additional cost of inspection for work that has already been done, before the required permit is issued. (2) The surcharge is not a penalty, and does not precludes any other remedies available to the city to enforce the technical construction codes. The collection of the surcharge and investigation fee made is to help defray the cost of additional inspections and administrative time to research and issue the required permits. (3) The surcharge and investigation fee is not required for emergency work commenced under section 14-215(0. However, if the required permit is not obtained within twenty -four (24) hours, excepting weekends and holidays, the permit fee must be doubled or the surcharge paid, whichever is greater. (c) Re- inspection fee . When a re- inspection fee has been assessed under section 14- 222(g)(1), re- inspection fee must be paid. (d) Survey fee . A survey fee will be collected for fire surveys, code compliance surveys, construction status surveys, building evaluations, repossession surveys, etc. (e) Relocation surveys . A relocation survey fee will be collected for performing relocation surveys to determine the minimum code compliance requirements for structures proposed to be relocated (moved) and placed back in operation. (f) Permit research . A permit research fee will be collected for research to provide verification of legal descriptions, property dimensions, ownerships and/or other construction related data from permit files, etc. The cost of duplication of documents will be charged as allowed under the Texas Public Information Act. (g) Inspections outside the city . Additional fees will be charged for inspections made outside the city limits. (h) Administrative fee for permit extension . When an extension of a permit is required, an administrative fee must be paid before the extension is granted. (i) Renewal of expired permit . The holder of an expired permit, who desires to reactivate the permit and has performed work under the permit, must pay the the-minimum ro inspection fee in accordance with the permit fee schedule. (j) Re- inspections . The permit holder or his agent must pay a re- inspection fee in accordance with the permit fee schedule, prior to a re- inspection. A re- inspection is required when: (1) It has been found that the portion of the construction for which an inspection was requested is not ready for the inspection. (2) Corrections that were called for have not been made. (3) The premises are not made readily available for inspection. (4) The work, construction, installation of wiring, piping, or other equipment or systems is found to be faulty or incorrectly or defectively installed. (k) Certificate of occupancy for existing buildings. When an application for a new certificate of occupancy for an existing building or space is made, a processing and compliance investigation fee must paid at the time of application. (1) Duplicate certificate of occupancy . In the event that a certificate of occupancy is lost or destroyed, a duplicate certificate of occupancy may be issued provided that a fee is paid in accordance with the permit fee schedule. inspectors. 1I:ILEG- DIR \Lisa12010 OrdinancelFee Table - legislative version8.16.2010.doc -270- 5 En) (m) Multiple plan review fee. After the second plan review of corrections submitted in response to plan review comments, an escalating fee will be assessed for each subsequent submission up to the total amount of the plan review fee. Partial responses shall be treated as additional responses following the first partial response in resubmission. Applicant may appeal the fee to the building official or assistant city manager for development services to review and determine if comments to applicant were legible, accurate, and reasonably understandable. If the building official or assistant city manager for development services determines the comments to be faulty no fee will be assessed. Sec. 14 -1307. Reduced fees. (a) Permit and survey fees for public schools, federal state, county and municipal government and other political subdivisions having ad valorem tax exempt status, and for churches and all other state constitutionally exempted ad valorem tax entities is fifty (50) per cent of the regular permit fee; if the building and land on which the building is situated is owned and used by the tax exempt entity. However, a reduced permit fee may not be less than the minimum fee regularly charged. A reduced fee may not be paid when work has been commenced without proper permits. (b) Discounts of stated fees of 2% will be made for both residential and commercial permits for the following: 1. Adherence to all permit holder responsibilities as listed in Chapter 14. 2. Electronic submittals of plans and related documents. 3. Submittal of master plans. Sec. 14 -1308. Refunds. (a) Canceled permit. A permit may be canceled upon written application by the applicant at any time within two (2) months of the date of the issuance of a building permit or within two (2) months of the date of issuance of any electrical, mechanical, or plumbing permit. If no work has been done under such permit, the permit fee may be refunded when formally requested in writing by the applicant, provided that the city must retain a cancellation fee to cover the cost of auditing the fee and preparing the request for refund. In all other instances regarding any fees for which a refund is requested due to contract default, lease cancellation, or other similar circumstances, the city must retain the minimum permit fee to cover the cost of auditing the fees and preparing the request for refund. Plan review fees are non - refundable. (b) Multiple plan review fee appeal. A refund may be requested upon written application by the applicant after an appeal has been made to the building official or assistant city manager for development services and approved by either one. (Ord. No. 25467, § 1, 9 -9 -2003; Ord. No. 027645, § 4, 4 -8 -2008) Sec. 14 -1309. Reserved. Sec. 14 -1310. Fees for examinations and licenses. H:1LEG- DIRILisa12010 Ordinance\Fee Table- legislative version8.16.2010.doc -271- 6 (a) The required examination fee for a license to qualify electricians of all classes must accompany the application for a license. (b) Any required license fee must be paid before the issuance of a license. (c) The license fee must be paid annually. Licenses are valid for only in the calendar year in which the fee is paid. A license is not valid unless and until the Iicense fee has been paid for the calendar year. (d) Duplicate licenses may be issued to replace a Iost or destroyed license, if the license holder presents provided satisfactory evidence that the license was loss or destroyed, and the licensee pays the fee for the duplicate license. Sec. 14 -1311. Contractor registration fees. An electrical, mechanical, plumbing contractor and a lawn irrigator or backflow prevention assembly tester must pay an annual registration fee to maintain a current status as a registered contractor. Individual who holds multiple registrations must pay separate fee for each registration. Sec. 14 -1312. Accounting. (a) The building official must keep a permanent accounting of all permit fees and other monies collected, the names of all persons upon whose account the fees were paid, along with the date paid and amount of the fees. (b) A periodic financial audit of fee revenues and expenditures shall be conducted. The audit shall occur not less than once every three (3) years, .. _ ! ! : ! ! ' .. ! ! ' ! ! - _ . The audit shall include a report of fees that are authorized to be collected, the amount of each authorized fee that was actually collected, and the amount of fees that should have been collected. The audit shall also provide a detailed accounting of the uses of the fees. The audit shall make any recommendations for improvements or corrections. The audit shall include a report on the amount of fees that need to be collected in order to make the development services special fund independent of subsidies from the general revenue fund. Sec. 14 -1313. Technical construction codes fee schedules. The following fee schedules apply to activities under article II of this chapter: TABLE INSET: PLAN REVIEW FEES AMOUNT OF FEE l t fic n-ti i4-Pktfl lei° e ._... Greater-4= .` : r l l rei- i- A4$i review - aatel-a:: 5&0Qor 37% of bu ._.. 2 & f If tt i`3°f -- - • ti-rr"z'r�FC c sill PPIcm Review Fees (Based as a percentage of the Building Permit Fee) RESIDENTIAL 25% of the Building Permit Fee H :\LEG- DIRILisa12010 Ordinance\Fee Table- legislative version8.16.2010.doc —272— 7 COMMERCIAL 40% of the Building Permit Fee AMOUNT OF FEE Multiple plan review fee 15% of original plan review fee for third review submittal; 30% of original plan review fee for fourth review submittal; 45% of original plan review fee for fifth review submittal; 60% of original plan review fee for sixth review submittal; 75% of original plan review fee for seventh review submittal; 90% of original plan review fee for eighth review submittal; 100% of original plan review fee for ninth and above review submittals Third party plan review when requested by applicant Contract rate + 32% overhead rate .Expedited Plan 150^.% ot_the Plan Review Rate: Review filitqrnal Customized. Plan 150% of the Plan Review Rateplus $150.00 per hour with a two-hour Review rnini.murn. Commercial bui ' " TABLE INSET: BUILDING PERMIT FEES - ($80.00 Min. Permit Fee) AMOUNT OF FEE RESIDENTIAL 0.52% of Valuation COMMERCIAL (" ,� 7 building j C anir kir i'[ii....belfldii� -v-al n-$(4-.:;.- - $8F00O -_.. j� $15',00-».._ Commercial bui ' " - �I f — �-- $ 3p 7 0-� .8� $6 07•.5 -pef - valuation over X00- - °' )0 <-- - `51 0,000-- $447,i -54: X51 $4-,000 valuatien -Co ev,ef H:1LEG- DIR\Lisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc —273— 8 H:\LEG-DIR\Lisa\201 0 OrdinancelFee Table-legislative version8.1 6.20 10.doc —274— $24)3040--- Gotamer-eial-builEling-value-goa-;,----,-$4--1-0-,-000--- &547 = $2,02-5--pef $1.,000 valuation ev-et, &I•14)AP- $0 to $5 Million 70% of Valuation $$.001 to $10 Million .65% of Valuation 10.001 to $20 Million .60% of Valuation $20.001 to S50 Million .58A of Val tuition Construction site offices $15.90 -$80.00 Sion Sign $108.00 EiegiticA_Perrnit fol: Signs, per transformer $6.75 Min Fee S80.00 Residential construction building permits New one- and two-family dwellings, apartments, townhouses, condominiums, Accessory buildinz,s, R.emodel, and .Repair $0.16 per situ-afe-feet of building area. 0.5')% of Valuation Aeeei:,-,-ory-+-e:+idential for construction < 300 s sq-u-at- Aesessoi:54.-Tesi-deritialToonANc4ion-for-stfuetu-res,------,400-situare-fte-t-- sei-ti+}r-e--feet- Genefal-resideulial-eoastraction-anit-repairs — - H:\LEG-DIR\Lisa\201 0 OrdinancelFee Table-legislative version8.1 6.20 10.doc —274— 10 Temporary events Temporary event permit w/o food service - $80.00 Temporary event permit wl food service $199.80 Miscellaneous Fees A.MOLIN-T-OF-FEE- Permit extension Greater of: $7-5 $80.00 or 33.75% of permit fee Renewal of expired permit Greater of $75.00 $80.0(} or 33.75% of permit fee + permit extension fee Request for refund on canceled permit if no work done $37'80 Permit research $15.00 per hour Demolition Permits Demolition permit Greater of: $75.di0or $04 per square feet $80.00 or $0.027 foot an rc for ' "$50,000 $101.25 icw . . . Aecessibilky-iwpeetien-&-eertifieation-- $40-1,2-5—. $816.7:5 -+- aere— H :\LEG- DIRILisa\2010 OrdinancelFee Table - legislative version8.16.2010.doc 9 Residential — Other reofng House moving permit $467.00 Swir mnine Pool X65 80.00 $110.25 Roofing pnd Siding - -- $.045 sq.1 . ':)Pd Driveway $50.00 $80.00 Mobile home/HUD -code manufactured housing installation permit Re -out inspection to establish electrical service in a home 1,vhere no service has $.-7:5-.-00--- $80.0Q, alyte lit d/Qpre17/07/S 90_day,V wl $75.00 44)4.1 per 'uaare feet Fees for Moving structures -- Both Residential and Commercial House moving permit $467.00 Traffic engineering moving route sheet $61.00 Relocation survey $110.25 Survey fee (14- 306(d)) $35.00 per discipline $25.00 - $140.00 Mobile home/HUD -code manufactured housing installation permit $106.50 TABLE INSET: MISCELLANEOUS CONSTRUCTION FEES Certificate e (lcc° €i . irnc s Certificate of occupancy for change of use of existing building or structure 2(.55..01 - :211 00 Duplicate certificate of occupancy /Certificate of Completion $0.10 per page $25.00 H:ILEG- DIR\Lisa12010 OrdinancelFee Table-legislative version8.16.2010.doc —276— 11 Win & certification. $ 00 -per peer es- -_ Failure .Penalty Fees Work commenced but not finished Greater of 2X aernii.t fees or investigative fee Work completed Greater of 2X permit fees or investigative fee Miscellaneous Fees — Investigative fee $337.54) $470.00 Re- inspection fee fPer Inspection) $ 75 (ill $80.00 $ Special Inspection Fees Inspections outside City, but within ETJ Inspection fee + $74,00 $ 100.00+ $1.83 per mile Inspections outside City and ETJ Inspection fee + $1.83 per mile + $7 ��'1O $100.00 for each 200 miles Third party inspections when requested by applicant Contract rate +32% overhead rate Reduced Fees Reduced fee for public schools, Federal, State, county, municipal Greater of: H:1LEG- DIR1Lisa12010 Ordinance Fee Table - legislative version8.16.2010.doc —277— 12 governments and other political subdivisions with ad valorem tax status 50% of regular permit fee or minimum fee Techwilogyfi.!e 2.5%.X -b-bdieling pertnit.fees Minimum. fee .2i7-5,00-. -.80.00 TABLE INSET: ELECTRICAL PERMIT FEES For Stand .Almze Permits Not Associated with a Baildin Permit -Based AMOUNT OF on Valuation FEE Residntial 0.51% of -- Valuation Compaercial $0 to S5 Million :70% of Valuation $5.001 to $10 Million .65°,10 of Valuation $10.001 to $20 Million ,60% of VI-dila-09n $20.091 .Million _to $50 v' illion. .58% of Valuation 44ec1rieol fees, for — permit except new res .- — A-iFeenditionei,-- $6,7-5— Appliane.c-s-4r-a-A-c.effipac4ars--cli-411.wa..9lier-5--c-lisposerTga-rbag-e7.-dispefiali etc.) Ciretti-tfr-fifieluding-extensi-ails-and-fepa-i-Flie--ter-m-eireilitsL-berein. me-ans-eat)h--nia-in-4-eciesub--i-T-i.ariwet44ranott-eifeukit3--for--c4te-tt-ieal . . $6.75 . tic cutout protetccl wire 1-1: \LEG-DIRTisa12010 OrdinancelFee Table-legislative version8.16.2010.doe —278— 13 ankl- considered- ass - :• s , par- -ircuit-withi -- e --teri s-of l is-rs eti €t2'rd -.. Construction loop t 6.75 -E tome tit— neviag- }i£-tuf-- e- iE3f, .:54 11:1)" tnac14-in.e- er- ele -1'- w-- -31043 --- - .� $0.61 ...... } %lw '.'•' ` y'• ui it -any .water heaters- 'V' i76.7 ; . ot leer -5-kw er -frre .ei --thc e -- r mercial cooking ifilits3 i t b sps --- — $13.5 €) Services up to 100 amperes $1 3.50 Ser es•- 1- 0•l --4e 200-ampere s-- -1- -5-8 -- r " t;30.01 s Service ,.3 over "100 amperes S 59..7 '1 '�� $6,7-5— Service (change out) panel $6.75 1t Tn ni --repai-add- tic, -- fer-wei4- et ire i$Lec - in--affy --ot-t 5 e-al eve s' e -- resiclen ial -eens puctio -- —. 1:175per loot .. square of building area EleFr iii i l -- er rjit- fe- F.aE'°l:=es-" ei F iside ti-s .l consti etion - -- building area. Re inspection rj--5700__ out Replacement license $40,80_- .$25.00 2.5% X eieetrica tees permit - Minimum fee $27-5:.00 - ..,_.$10.00 H:\LEG- DIR1Lisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc —279— 14 —ENERGY-CON•SERVATION-FE-ES--- Fuel Gas Fe :• or Sta dA o e Permits. NOT Associated with a Buildino Permit AMOUNT OF—FEE- O.52% of Valuation - - - - inspection 50.0675 fet.4-- - - - , per square 1.AB E Fuel Gas Fees Fuel Gas Fe :• or Sta dA o e Permits. NOT Associated with a Buildino Permit Residential O.52% of Valuation Commercial SO to $5 Million .70% of Valuation $5.001 to $10 Million .65% of Valuation $1.0.00 to $2() Million .60% of Valuation 520.001 to 550 Million ,58% of Valuation --12414,--CiAS-FEES--•• AMOUIV-V-0-11L-Flili---- Each gas :.,arvie-ey-÷---fifst•-•mte-F--leepTpef-itiotef--- 46,75— Eaesh-a€14 tionl loop $6.75 meter 6aeht-aa4ine 46:7-•.: new-diawibutien— new 56.75 service Each as line rep-It -tee-kilitlibution $6.75 •Eash•-gas-line—replaeo-servioe--• Ur:75— Eileli-g-a-s-e- liael t .4. - $',6.75 : • Tiael-Hms fife ase-ign-iler-Ilet-set— $6.--7-5--- 2 t• beetcT $6.75 unit Eae-h--;4•s-f•Uma.ce Baeh-g-as-h-erater-- $6,7-4-- -ell hot water heatef— 46.75 gas Eaell-gasteel•-h-eiftei..— 1Eaeh-gas-wall-cumue-tin-ii-- $6,75 — —New — residential construction Gis-pemlit-14---new-reffidentiftl-e-ons-tetio-n— S-0,06-75-per,-,wive-li9-eo-ofb-bbileling IBLEG-DIR \Lisa120 10 Ordinance\Fee Table-legislative version8.16.2010.doe -280- 15 TABLE INSET: Mechanical Permit Fees ofwa- ..... • • - 6:04675per - - ... ,.,. eonsowt3-66-71--- square fi)ot ( , .. - itliniinZfill fee S75•444—$80,00 TABLE INSET: Mechanical Permit Fees Mechanicai Permits Fees or Stand._ lone Permits NOT Associated tlith a Buildin Permit Residential 0.52% of Valuation Commercial SO to $5 Million .70% of 'Valuation. $5.001 to $10 Mill ion •65% of Valuation $10 .001_to120 Million .60% of Valuation $20.001 to $50 Million .58% of Valuation --ME-GRANIC441.. FEES-• .. A r ' 11 '.. .... - A icchani ,Ivistalletion-of-nonistinelleati . .n42.:NentilatingTdue-tolif-eenditionT $-7-5,00-1-41.0-5-pe-r. $-1:000-in-valuation- and-reftigerlivion systems . . a r a . r 11•AL $75.00 + $1.05 .,. • - ... ... refFigeftttierk-systeras— per $1000- in valuation- Additional-boil — el- -: -, r : 3 II P $10.50 00-14T-L4-1-0-431414)-- Meehank • . . . $0.0675per ,, .. notponto-ilet--any-lietigiv,•7--veotilalionrdiuetTalid-eonditioningrw, refrigeranoil,stweims,-are square fimi-ofibuilding-areet- - exclude4,— Aleclumiccd 50.0675per square permii ,for accessory residential construction Temporary operation operation inspection 575.00 S8Q.,00 HALEG-DIR1Lisa12010 OrdinancelFee Table-legislative version8.16.2010.doe -281- 16 .7> - ix 14:5% X Meek/fink-01 pe-mlitfies--- Resiluiti a Minimum fee Commercial S75.00 $80.00 7-A-14L-&14SET-., Plumbing Code Fees PlumbinursEgL Fet_aii_n. Stand Alone Permits _NOT As. ()dated with a Buildi& Permit Resiluiti a 0,52% of Valuation Commercial $0. to j5Mi jlion .70% of Valuation $5.001 to $10 Million .65% of Valuation $10.001 to $20 Million .60% of Valuation $20.001 to $50 Mitlion .58% of Valuation --4t3 CODE-FEES AMOUNT OF FEE --Pkanhing-peffnit-fees-,:xcept-fef-new-fesidential constfuctioni- Each — water 3ervice Each watcf-distrihution new-Einsitie-)— $6.75 - - 'ice nw $6.75 . (outside) Each-water--seFv-ice—replacel-eattikle)— Vir7-5---- Each-hae-k-44eturr $6.75 Each $6.75 plunibint4ixture Each-levately— $6,75- Each show— $6,75 Each spa $6.75 Each-talvbath— &-ieh-ntinal 1477--N-- H:ILEG-DIRTisa12010 OrdinaneeTee Table-legislative version8.16.2010.doe -282- 17 €ac-h-wa r leset -- $6.75 e boiler $6..75- - - Het--water—baiter--- $6,7-5---. St- $6,75-- eaw -bei1 - --- :ach ifshwash€Aw -- $635—. l -- t heateC $6.75 c-1 et 4 t e h }t;- atei - heater —• $6,7-5--- Gas hot water hcateet $6.75 Each -14-n --Int eleepto =— $3110 Ea�4��1etlti -pt $6.75 m11,, yy� y�(�j� j5y .iaeh.- `pelf- ✓en a ned 1feati� -•-•• $6,7-5— .. . $6.75 a �• .. . rrsc:ls:- zzzx3r--- $6.75 .. ' i ''f'^ ;1�'i :k.}."�.��i -ie °-Fi ` lrc1-n- £=- 1'#-}'E {Mini— $.6775._ Each f:tene-r— $6.75 water .,o Eta h $6,75 whirlpool -a . =i- er -an -icr-i - atien.systetn er-1401 -sure $6.75 lin to .Each i or connection sanitary or storm sewer Each baaildilag (lateral) $25.65 sewer. ,ther bualclaL.s7 $20.25 Each catch bask' $6.75 Each to $3 1.73 connection stone sewer ;43£- n-44t343 -Eintil -- $6.75 H:1LEG- DIR\Lisa12010 Ordinance\Fee Table- legislative version8.16.2010.doc -283- 18 E • a e h - g r - sse intercept -. i — FEES S-3-17-3— 17,2-ch hub drain License Fee $675 None $133.00 Each lift station $75.00 $135.00 Master electrician -sign ,x,75 $135.00 ell- ' �i.50 r fat t j-�pi•r'ai Tuanel-jobs-fee-7-.-per--bui-kling -- First tunnel $-8-9,44-- j Y ] f ey 0 1- umbin . -pet'r 1 -1- -- :- - •reside -ti l --< oftstruetioi - - -- . $0.0675 per sguafoot of b41€1mg area 1 n 1:ili -pe-r jt -for aeee-ssty -r - resiclential-eoi u Lion -- 75pe�•u r fc t � t' b i ...-lir g area `l whnology fce '.5% x plumbing permit .fees Minimum Fee $75.00 $80.00 Bock /low Prevention Backflow prevention device test filing fee $15.00 $20,00 Minimum fee $75.00 $80M0 TABLE INSET: LICENSE FEES Classification Examination Fee License Fee House mover None $133.00 Master electrician $75.00 $135.00 Master electrician -sign $75.00 $135.00 H:1LEG- DIR1Lisa120I0 OrdinancelFee Table - legislative version8.16.2010.doc —284— 19 Master electrician - elevator $75.00 $135.00 Journeyman electrician $75.00 $30.00 Maintenance electrician $35.00 $30.00 Limited journeyman electrician $75.00 $30.00 Apprentice None $25.00 Certified electrical maintenance person $30.00 None TABLE INSET: CONTRACTOR REGISTRATION FEES AMOUNT Mechanical contractor $135.00 Plumber $135.00 Lawn irrigator $1 35.00 Backflow prevention assembly tester $135.00 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. That ail ordinances or parts of ordinances in conflict with this ordinance are repealed. SECTION 5. This Ordinance takes effect October 1, 2010. H:1LEG- DIR1Lisa120I0 Ordinance\Fee Table - legislative version8.16.2010.doc That the foregoing ordi ance was re for the f st time and passed to its second reading on this the �' day of �� , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor 19 NO ATTACHMENT FOR THIS ITEM 20 NO ATTACHMENT FOR THIS ITEM 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8131/2010 AGENDA ITEM: A. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. B. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and HMCo Partners for state governmental relations services. C. Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services. ISSUE AND BACKGROUND: The 81St legislative session in Austin again proved to be a challenging session for municipal interests. Yet, as I reported at the July 28th City Council meeting, the City of Corpus Christi had a very successful Legislative session. While the city passed all priority bills identified in our Legislative agenda, overall 1500 bills were filed that had the potential to impact city operations, with over 120 of those bills passing. The upcoming 82 "d Legislative Session of Texas in 2011 is shaping up to be a challenging environment for cities as well. Among the many issues we will follow are significant budgetary issues facing the state and the potential impact to local governments, continued challenges as it relates to transportation funding and the sunset review process of approximately 30 state agencies, as well as issues related to redistricting that has potential consequences for the representation of our community at the state and federal levels. At the federal level, funding continues to be a challenge for many programs of critical importance to our community. While our community can look back on many successes in Washington in the past, such as completion of the Packery Channel project, numerous grant awards through multiple federal agencies, and funding received through the Federal Stimulus Program, there is still much work to be done. Transportation funding beyond 2010 will be a major focus of our efforts in Washington collectively with other communities around the state and nation. We continue to look for any funding opportunities for critical infrastructure and are seeking continuation of programs such as Renewal Community, CDBG and other programs that help us revitalize our community. The City of Corpus Christi has previously engaged the services of our primary contacts, Snapper Carr at the state level, and Larry Meyers at the federal level, and we look to continue those established relationships. In addition, we have segmented our contracts at the state level to provide specific focus at the state agency level with HillCo Partners, especially with issues before the Texas Commission on Environmental Quality. These resources have proven their value in assisting the City with our legislative programs and state and federal agency advocacy and have been partners in making our programs a success in both legislative arenas. Attached for your review are biographies on each of our primary governmental relations resources. Last year, Snapper Carr and Brandon Aghamalian left HiIICo Partners and established a new firm, Focused Advocacy, which offers specific municipal advocacy expertise for the City of Corpus Christi. We are one of a number of major cities across Texas that utilizes the expertise of these individuals. Mr. Snapper Carr has a tremendous amount of legislative process expertise and has extensive experience in general municipal issues, having served the Texas Municipal League as general -297- practice. Brandon's expertise includes transportation, economic development, and previous experience on city staff with the City of Fort Worth. We propose to continue our relationship with Focused Advocacy, and Snapper Carr and Brandon Aghamalian at a rate of $8,000 per month in a legislative year. In addition, we will engage HiIICo at a rate of $4,000 per month, which will cover our activities with state agencies, with specific attention given to activities as they relate to water and wastewater issues. Mr. Dan Pearson and Mr. Buddy Jones will continue to support our efforts at the state agency level. In Washington, Mr. Larry Meyers continues to provide the City of Corpus Christi with an effective presence with our congressional delegation. Mr. Meyers has served the City of Corpus Christi in his current capacity for many years dating back to the early 1990's and continues to be a valuable member of our team. We propose to continue our relationship with Meyers & Associates at a rate of $6,750 per month which is consistent with our previously amended contract. REQUIRED COUNCIL ACTION: To contract for governmental relations services requires Council approval. FUNDING: Funding will be distributed between the general fund and multiple enterprise funds depending upon the specific project advocacy requirements of each enterprise fund. Our advocacy for the various enterprise funds includes water supply priorities such as completion of the Mary Rhodes Pipeline Phase II, agency work dealing with the TCEQ on various issues regarding permitting and enforcement, working on expansion of the runway at Corpus Christi International Airport to 10,000 feet at the federal level, opportunities related to Compressed Natural Gas projects and funding and continued attention to state policy as it pertains to the growth and development of our community. CONCLUSION AND RECOMMENDATION: Staff recommends continuing our existing relationships with both Focused Advocacy and HiIICo Partners in Austin and Meyers & Associates in Washington D.C. for the 2010 -2011 fiscal year. Our existing lobbying resources have done an excellent job in helping the City of Corpus Christi advance our legislative program at the state and federal levels in years past. We recommend approval of the engagement of these firms for the upcoming year, which will be a challenging legislative year for the City of Corpus Christi. udy D. G intergover" tal R rudyga© xas.co 361 - 826 -3082 Attachments — Governmental Relations Consultant Biographies iations Di ctor ATTACHMENT Governmental Relations Consultant Biographies Focused Advocacy (State Legislative Consultants): Snapper Carr, Partner and General Counsel Snapper Carr is widely recognized among legislators and industry representatives as an expert on municipal, telecommunications and utilities issues. As the company's general counsel, Carr represents the needs of local governments before the Texas Legislature. Before becoming a partner in Focused Advocacy, Carr served as general counsel and consultant for HillCo Partners, a legislative and public affairs consulting firm, from 2006 through 2009. During his time at HMCo, Carr assisted in the drafting and passage of more than 100 statutory changes, including historic legislation regarding water regulations and supply. Carr was responsible for managing and developing an extensive public and private sector client base that relied on his extensive knowledge and capabilities to effectuate significant public policy changes. From 1998 - 2006, Carr held the position of legislative counsel and associate for the Texas Municipal League (TML), representing municipal interests before state and federal legislative, administrative and judicial bodies. From 1994 to 1998, he was the chief committee clerk for two Texas House standing committees — the Committee on State Affairs and the Committee on Land and Resource Management. He also has provided media and issue consulting services for numerous political and public relations campaigns. Carr has been the recipient of many professional and academic awards, including the prestigious James W. McGrew Research Award from the American Society for Public Administration and the Judge Susan Covington Service Award for Pro Bono Legal Work. He also was recognized as a finalist for the American Bar Association's National Appellate Advocacy Competition. Carr earned his J.D. and bachelor's degree in communications from The University of Texas at Austin. Brandon Aghamalian, Partner and Vice President, Business Development Brandon Aghamalian is widely recognized as an expert on local government, transportation, economic development, property tax and cultural arts issues. As the company's vice president of business development and co- founder of the legislative division, his primary focus is representing the needs of local governments before the Texas Legislature while also designing communication and grassroots campaigns. Over the course of his career, Aghamalian has also become a trusted advisor and consultant to business leaders across the state regarding economic development and expansion projects. Prior to joining Focused Advocacy, Aghamalian was a public affairs consultant at HillCo Partners where he founded the company's local government practice, managing a multi - million dollar practice group. During his time at HillCo, Aghamalian represented dozens of municipalities before the Texas Legislature and worked with the Texas film and television industries to design and fund a $60 million incentive program. He also successfully managed several projects to secure millions of dollars in tax incentives on behalf of clients expanding facilities or creating new jobs in Texas. Before joining HillCo Partners, Aghamalian was the director of governmental relations for the City of Fort Worth from 2002 to 2006, where he served under Mayor Ken Barr and Mayor Mike Moncrief. While in Fort Worth, Aghamalian represented the city at both the state and federal level, and also served as the liaison to the Texas Municipal League, the National League of Cities and the U.S. Conference of Mayors. Aghamalian previously worked as the chief of f for then -Rep. Kim Brimer (R -Fort Worth) level, and also served as the liaison to the Texas Municipal League, the National League of Cities and the U.S. Conference of Mayors. Aghamalian previously worked as the chief of staff for then -Rep. Kim Brimer (R -Fort Worth) where he assisted in the passage of HB 1200, the Texas Economic Development Act, which provides incentives for capital- intensive industries to build or expand in Texas. Previous to that, he served as the director for the House Committee on Business and industry where he helped negotiate a massive overhaul to the state's workers' compensation system (HB 2800) and the state's job training fund. Prior to that, Aghamalian was the Legislative Director for Rep. Todd Smith (R- Euless). From 1993 to 1997, Aghamalian served as the legislative coordinator for the Texas Parent Teacher Association. He has also served as an adviser and fundraiser for several political campaigns. Aghamalian earned his J.D. and masters degree from the University of Texas in Austin, and his bachelor's degree in accounting from Texas State University in San Marcos. HiIICo Partners (State Governmental Affairs Consultants): Dan Pearson, Partner Dan Pearson is a widely recognized environmental expert. The former Executive Director of the Texas Natural Resource Conservation Commission (TNRCC), Pearson possesses vast expertise on a wide range of air, water, waste management and waste -water issues. Prior to heading up the TNRCC, Pearson served as Deputy Comptroller for eight years under former Texas Comptroller Bob Bullock. There, he was primarily responsible for developing the State's current tax system where he earned a reputation as a straight-shooting expert in state fiscal matters. Since joining HiIICo, Pearson has been responsible for assisting a wide array of private sector clients as they navigate the bureaucratic administrative agencies and gaining them access to key lawmakers at the Capitol. Due to his reputation as an expert on environmental related issues, Pearson has been invited to participate in every major legislative debate dealing with air and water issues over the last decade. Meyers & Associates (Federal Legislative Consultants): Larry Meyers, President Larry Meyers has over 34 years of experience since coming to Washington with then Senator Lloyd Bentsen (D -TX), former chairman of the Senate Finance Committee, and former Secretary of the U.S. Treasury. After four years with the senator, serving as legislative director, he received an appointment in the Carter Administration being named Director for Congressional Affairs - U.S. Department of Agriculture, responsible for both USDA and White House lobbying activities. He began independent consulting in 1981, and in 1989 was named by Beacham's Guide to Key Lobbyists as one of the top 125 lobbyists out of the several thousand in Washington. For the last twelve years, he has served as guest lecturer at the National Defense University on the topic of "lobbyists and lobbying." Larry also serves on the Board of Directors of Washington First Bank in Washington, Q.C. The Corpus Christi community has retained Meyers & Associates since 1993 and past involvement of the firm with the efforts of the City of Corpus Christi includes: the 1993 and 1995 BRAC processes; protection of the Naval Air Station; Choke Canyon Dam debt delay (credited by city financial staff at a $20 million savings); the Mary Rhodes Pipeline; federal funds for the acquisition of the site for the American Bank Center and Bayfront Plaza expansion; and the North Padre Island Project (Packery Channel) authorization and funding. In each case, the firm's work with the members of the Texas congressional delegation representing Corpus Christi were critical to each project's success. The firm also represents Texas A &M University Corpus Christi for the purpose of facilitating federal research dollars to come to the university. -300- August 24, 2010 Focused Advocacy 823 Congress Avenue, Suite 1200 Austin, Texas 78701 ATTN: Mr. Snapper Carr Re: Agreement for Governmental Relations Services Relating to General Legislative and Administrative Matters as Directed by the City Manager Dear Mr. Carr: This will confirm the engagement of Focused Advocacy for providing the governmental relations services of Mr. Snapper Carr, Mr. Brandon Aghamalian, and other internal and external resources of the firm, as assigned, before various State agencies and the State of Texas Legislature. Such services will include but not be limited to assisting the City in formulating and executing the City's Legislative Program for the 82nd legislative session and other matters as directed by the City Manager. Focused Advocacy will provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. The services provided by Focused Advocacy will be performed at a rate of $8,000,00 per month beginning August 1, 2010 and ending July 31, 2011. Expenses are to be itemized and will be limited to reasonable and customary charges. Billing will be submitted monthly to Rudy D. Garza, Intergovernmental Relations Director, and will be payable within 30 days of receipt. Focused Advocacy will notify the Director of Intergovernmental Relations promptly of any conflict of interest between Focused Advocacy's representation of the City and any other interest or client that Focused Advocacy may have. This agreement is exclusive of any other agreement between Focused Advocacy and the City and may be cancelled by either party at any time with 30 days notice to the other party. Please indicate acceptance by signature below and return to the Director of Intergovernmental Relations. Sincerely, `Angel R.. Escobar City Manager ACCEPTED: for Focused Advocacy APPROVED AS TO FORM: CARLOS VALDEZ CITY ATTORNEY 1 Carlos Valdez g -1$- 2ato -301- August 17, 2010 HillCo Partners 823 Congress Avenue Suite 901 Austin, Texas 78701 ATTN: Mr. Dan Pearson Re: Agreement for Governmental Relations Services Relating to Environmental and Natural Resources Issues and Special Projects as Directed by the City Manager Dear Mr. Pearson: This will confirm the engagement of HillCo Partners for governmental relations services of Mr. Dan Pearson and Mr. Buddy Jones relating to representation before State agencies including by not limited to environmental and natural resources related issues and other special projects and administrative matters before various State agencies as directed by the City Manager. HillCo Partners will provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi, HillCo services will be performed at a total rate of $4,000.00 per month beginning August 1, 2010 and ending July 31, 2011. Expenses are also to be itemized and will be limited to reasonable and customary charges. Billing will be submitted monthly to Rudy D. Garza, Intergovernmental Relations Director, and will be payable within 30 days of receipt. HillCo will notify the Director of Intergovernmental Relations promptly if any conflict of interest between HillCo representation of the City and any other interest or client that HillCo may have. This agreement is exclusive of any other agreement between Hi1ICo and the City and may be cancelled at any time with 30 days notice to either party. Please indicate acceptance by signature below and return to the Director of Intergovernmental Relations. Sincerely, `Angel R. Escobar, City Manager APPROVED AS TO FORM: CARLOS VALDEZ CITY ATTORNEY Carlos Valdez tt - ► Q,- Zokca -302- AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City ") and Meyers & Associates, a Washington based governmental relations consulting firm ( "Meyers "), and is effective the lst day of August 2010. WITNES SETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,750.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out -of- pocket expenses. c. Such payments will commence in August 2010 and will continue for (12) twelve consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. —303— 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2010 and continue until July 31, 2011, subject to the provisions for cancellation set out in Section 1.(d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. —304 -- 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. APPROVED AS TO FORM: CITY ATTORNEY itiAgitry By: By: Carlos Valdez S-13 - a °la CITY OF CORPUS CHRISTI, TEXAS `Angel R. Escobar Date City Manager MEYERS & ASSOCIATES L7 /Oar 4404... !6 iero Larry Meyei( Date MEYERS & ASSOCIATES —305— 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/31/2010 AGENDA ITEM: Motion authorizing the City Manager to execute a Commercial Energy Sales Agreement for deliveries of electricity and necessary, related services at an energy price not to exceed 7 cents per kWh plus standard delivery services charges effective September of 2010 and extending up to December 31, 2013 for certain electric accounts in the area served by Nueces Electric Cooperative. ISSUE AND BACKGROUND: The City of Corpus Christi procures MOST of our power required for city operations through a 5 -year contract with The South Texas Aggregation Project (STAP), inc., (STAP) approved by Council October 28, 2008, which began in 2009 and runs through 2013. A group of 193 meters exists outside of the AEP Texas service area, and in the Nueces Electric Cooperative service area, that are not included as a part of our STAP contract. We have previously been receiving standard offer service through NEC Retail on these accounts, due to the limited number of providers that offer retail service in the NEC service territory at a price that we've determined is above the market. Through our STAP Consultant, RJC Energy Consulting, we performed an REP process for these accounts, which are mainly streetlights and ancillary load that service facilities related to our water supply operations in Mathis and Choke Canyon Reservoir and the Mary Rhodes Pipeline, to determine which, if any, retail providers were interested in our business. 11 Retail Electric Providers were solicited, with 7 declining to provide an offer. NEC Retail only provided their standard offer rate, which at 8.7 cents per kWh, was much higher than the market. We did receive an additional three offers with two being favorable as compared to our current provider. The provider we are recommending, Champion Energy Services, was favorable on both pricing and billing and data capabilities, which is important for accounting and auditing functionality. Once the contract is executed, which will include the price of that given day, the accounts will switch over to our new provider on the next meter reading date. Staff is recommending a contract that begins in September of 2010 and runs through 2013 concurrently with our STAP contract to bring consistency to the two contracts for electric service. Based on the results of our RFP process, we believe this opportunity will achieve approximately $15.000 in annual savings to the City of Corpus Christi, which represents an overall savings of 15% as compared to our current provider. REQUIRED COUNCIL ACTION: To grant authority to the City Manager to execute an Energy Sales Agreement requires a motion of approval by Council. FUNDING: Funding for energy related operational expenses has already been approved by Council as a part of the budget process for the 2010/2011 Fiscal year. This contract represents a $15,000 savings opportunity to the funding already approved by Council for these expenditures. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion. udy Intergovernmental Relations Director rudvgaacctexas.com or 361 -826 -3082 Attachments — (1) RJC Energy Consulting Report (2) Champion Energy Services Sample Contract, Invoice and Web Portal Screen Shot (3) Annual Savings Estimate —309- OIIJC FNERGY CONSULTNG August 24, 2010 MEMO TO: Rudy Garza, Director Intergovernmental Relations FROM: Caitlin Bowdish SUBJECT: Retail Electric Bids — Nueces Accounts Rudy, I have prepared this summary in response to your interest in securing a fixed rate energy contract for the City of Corpus Christi's electric accounts located within the Nueces Electric Delivery territory and currently being served by Nueces Retail Division on a month-to-month variable rate. 11 REPs were provided detailed load information for each of the 193 meters and I requested that any interested party provide indicative pricing as of August 16, 2010 for review by the City. The following parties declined to serve based on either the size of the load or an incompatibility with Nueces ED systems: 1. Direct Energy 2. First Choice Power 3. Green Mountain Energy 4. Hudson Energy 5. Liberty Power 6. Texas Power 7. TXU Energy The table below compares, in summary, the indicative pricing on 8/16/10 and options provided by three of the four REP's willing to serve the load. The term for each is September 2010 December 2013, to line up with the current STAP contract expiration date. Please keep in mind that pricing offers above are indicative only as of 8/16/2010 and will need to be refreshed to current market rates at the time of contract execution. R..1. Covington Consulting. ll.{' 11044 Research Boulevard. Suite D -230 Atrslin, Texas 78759 —310— (512) 331 -4949 Fax: (512) 331 -5743 www.RJCovington.com Champion Energy Constellation MP2 Energy (104 Services (8.) NewEnergy (9.1 Fixed Energy Rate 50.06820 50.08839 $0.06562 Additional Charges - - - Summary Billing Options V V V Web Portal 11 - . Add /Delete Capability V - 10% Payments Due 30 clays 45 days 30 days Please keep in mind that pricing offers above are indicative only as of 8/16/2010 and will need to be refreshed to current market rates at the time of contract execution. R..1. Covington Consulting. ll.{' 11044 Research Boulevard. Suite D -230 Atrslin, Texas 78759 —310— (512) 331 -4949 Fax: (512) 331 -5743 www.RJCovington.com I excluded Nueces Retail (11.) from consideration upon its confirmation that any fixed pricing offer would be at a higher rate than your current variable rate. As a reminder, the details of your current pricing through Nueces are: NUECES Current Energy Rate per kWh $0.08770 Variable Additional Monthly Charges $2.50 per light (169 lights) Est. Avg. Billing per kWh $0.30 (based on 3/10 invoices) Sample contract documents, invoices, and additional information relating to each responder are attached for your review. Please don't hesitate to contact me with any questions or to request additional information. Thank you, Caitlin Bowdish Consultant Engineer 512- 331 -4949 x104 Email: cbowdish a 7.ricovington.com CHAMPION ENERGY SERVICES Sample Contract Sample Invoice Web Portal Screen Shot —312— KVA CHAMPION ENERGY SERVICES Champion Energy Servkes, LLC 13831 Northwest Fwy, Suite 250 Houston, Texas 77040 Thank you for the opportunity to provide energy to your company. We sincerely appreciate your business. Easy steps for contract execution: 1) Provide your "Notices" information in Section 34 (page 5) 2) Print two (2) originals of the contract 3) Sign the signature page (page5) 4) Initial the Exhibit(s) (separate attachment) 5) Attach Texas Sales Tax Exemption Certification 6) Fax the signed signature page and initialed Exhibit(s) to Champion at (713) 366 -8811 7) Mail both executed original Agreements to Champion What happens next... Champion will: • Immediately after receiving your fax, verify the contract and hedge the power that we sold to you. • Countersign both executed Agreements and return one original to you for your records. l ifaka CHAMPION ENERGY SERVICES -313- GENERAL TERMS AND CONDITIONS This COMMERCIAL ENERGY SALES AGREEMENT (Agreement") is entered into and made by and between Champion Energy Services, LLC ( "Champion ") and the buyer of retail electricity identified herein ( "Buyer"). This Agreement shall be effective as of September 1, 2010 (the "Effective Date "). Champion and Buyer may be individually referred to as 'Party' or collectively as "Parties ". The Parties hereby agree es follows: 1. Purchase and Sale: Champion shall sell and Buyer shall purchase and receive electric energy for Buyer's facility(ies) specified per Exhibit "D" ( "Delivery Point(s) ") at the price(s) per kilowatt hour (kWh) speed on Exhibit "A" ( "Contract Price "). Champion will switch the Buyer's meters on the first meter read date on or after the Start Date ( "Start Date") specified on Exhibit A, unless an alternate date has been requested by Buyer. The electric energy will be delivered to Buyer's meter(s) whereupon Buyer shall be deemed to have full possession and control of such energy. 2. TDSP Metering: All energy delivered hereunder ("Usage ") shall be and can only be, measured by the local Transmission and Distribution Service Provider (°TDSP") at the TDSP's meters located at each Delivery Point. Actual Usage shall be the primary method of calculating the monthly charges for Buyer. However, Champion may use estimated Usage if measurements of actual Usage are not received timely from the TDSP and in which case, Champion will make appropriate adjustments upon receipt of actual Usage: provided, however. that Champion will not utilize an estimated usage that exceeds the historical usage for the meter or meters in question for the same or approximately same billing period in the immediately preceding year. Champion may adjust invoices for any Usage measurement errors in accordance with TDSP rules. Champion cannot guarantee a switch of Buyer's account to Champion will occur by a specific date and Champion shall not be liable for delays in this process caused by ERGOT or the TDSP. 3. Pricing: Buyer will pay (1) the Contract Price times the Usage, plus (2) for Usage outside the established Consumption Variance Allowance or for Usage that is for a time period outside of the Term, any amounts calculated per Paragraph 5 below. This Contract Price per kWh includes energy commodity charges and the costs listed on Exhibit "B ". The fees for the recovery of regulatory costs and for recovery of the costs of any taxes at Exhibit "C" will be passed - through to Buyer without markup. A Contract Price specified on Exhibit `A" as "MCPE Rate" shall mean the Buyer's price per kWh will be the weighted average zonal Market Clearing Price of Energy as published by ERCOT for the billing period plus the MCPE Adder. Pricing by Champion shall not include any standing, meter, or customer charge (other than any meter or customer charges by the TDSP and passed through by Champion), notwithstanding anything to the contrary in any exhibit hereto. 4. Billing & Payment: Champion will invoice Buyer the total amount due for electricity delivered to Buyer during each month according to Champion's regular billing cycle. Such invoice shall also include all applicable Taxes, TDSP Charges and other charges allowed pursuant to this Agreement. Payment shall be due to Champion within thirty (30) days from the date Buyer receives the invoice. All past due invoices will incur a late payment charge of one percent (1 %) above the "Prime Rate" as published, on the first day of July of the preceding fiscal year of Buyer that does not fall on a Saturday or Sunday, in The Wall Street Journal under "Money Rates," from time to time, or an appropriate substitute should such rate cease to be published, or the highest rate allowed -314- Mika CHAMPION ENERGY SERVICES by taw, whichever is the lesser. Champion charges 525.00 for each returned check (or ACHs). Buyer shall be responsible for any and all collection costs incurred by Champion. 5. Consumption Variance Allowances and Pricing Parameters: For periods in which Usage varies by Congestion Zone from the Contract Quantity by a percentage greater than the Consumption Variance Allowance as shown on Exhibit "A" during the Term or Usage occurs outside of the time period between the Start Date and the end of the Term per Exhibit "A ", Champion may charge the incremental cost of providing electricity to Buyer, based on the difference between the Contract Price and the ERCOT Rate. " ERCOT Rate" means ERCOT's Zonal Market Clearing Price plus retail margin. energy losses, capacity charges, replacement reserves, broker fees and commissions. congestion charges, ancillary service charges, ERCOT administrative fees, and delivery charges and any other charges incurred by Champion, such amount not to exceed 130% of the applicable ERGOT market clearing price. The ERCOT Rate does not include TDSP Charges or Taxes (Exhibit "C" items). Appropriate adjustments will be made for partial months. Each meter may have separate Start Dates and Terms. The other costs of Exhibits "B" and "C" continue to function under this Paragraph as they do in Paragraph 3. Note if ERCOT is charging certain Ancillary Services for loads that are under procured (served under MCPE) then Champion will pass the incremental Exhibit "B" cost through to Buyer without mark -up 6. Disputed Amounts: If there is a good faith dispute regarding any invoice, Buyer will pay the undisputed amount of any invoice by the applicable due date, and the Parties will attempt to expeditiously resolve the dispute. Notice of any dispute must be provided not more than twenty -four (24) months from the date that such invoice is delivered to Buyer,. In no event shall the disputed portion include a dispute for TDSP Charges or Taxes. Each Party shall have the right 10 request and examine the records of the other Party in connection with the verification of the accuracy of invoices, charges, notices, or other matters related to the Agreement. T. Blend and Extend - Rate Adjustment and Term Extension: At any time during the Term, Buyer may request that the Term be extended or shortened and the Contract Price then in effect be changed. Upon request, Champion will submit an offer to Buyer reflecting a revised Contract Price and new Term. Buyer will be under no obligation to accept such offer. 8. Adding and Deleting Delivery Points: Buyer is permitted to add or delete Delivery Points provided that (i) there is no Event of Default by Buyer, (ii) any such Delivery Point to be added is located within the ERCOT area currently served by Champion; and (iii) the addition or deletion of the Delivery Point(s) does not materially change the Forecasted Usage shown above or the profile or area/zone that served as the basis for Champion's determination of the initial Contract Price. 9. Repair Services: Champion consents to Buyer directly instructing the TDSP to perform repair services and Champion shall invoice Buyer, pursuant to Paragraph 4 above, for the actual costs billed to Champion by the TDSP for the performance of such repair services. 10. Performance Assurance: Unless Buyer is late in making payment to Champion more than two (2) times in a six (6) month period, no Performance Assurance will be required by Champion from Buyer. For the avoidance of doubt, if Buyer is late in making payment to Champion more than two (2) times in a six (6) month period, Champion may require that Buyer provide Performance Assurance. In no event will the amount of the Performance Assurance be for more than two (2) times the highest monthly bill during the preceding twelve (12) month period. All Performance Assurance will be returned within twenty (20) days of the date the last invoice amounts are due by Buyer under the Agreement, less any unpaid amounts owed by Buyer. In the event of any valid request by Champion for Performance Assurance, Buyer shall have five (5) business days in which to provide same to Champion. °Performance Assurance.' means either a cash deposit or a letter of credit from a nationally chartered bank in an amount equal to the Performance Assurance amount set forth above. and Buyer shall have the right to select which type of Performance Assurance to provide. For the avoidance of doubt. Champion shall have no right to insist upon any particular type or form of Performance Assurance. 11. Term: This Agreement shall commence on the Effective Date, and shall continue in effect for the Term as specified on Exhibit "A" (the "Term ") unless sooner terminated as otherwise provided in this Agreement. If at the expiration of the Agreement the Buyer has not executed a new electric supply agreement with Seller or with another retail electric provider, the term of the Agreement shall be extended for service continuing beyond the expiration date, subject to termination upon thirty (30) days prior written notice by Buyer. 12. Assignment and Binding Effect: Neither Party may assign this Agreement without the express written consent of the other Party, which consent shall not be unreasonably withheld_ However, either Party may, without the consent of the other party (and without relieving itself from liability hereunder), (i) transfer, sell, pledge. encumber or assign the accounts, revenues or proceeds under the Agreement in connection with any financing or other financial arrangements, (ii) transfer or assign the Agreement to an affiliate of such Party which affiliate's creditworthiness and financial capability are equal to or higher than that of such Party as of the effective date of the Agreement, ar (iii) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets whose creditworthiness and financial. capability are equal to or higher than that of such Party as of the effective date of the Agreement; provided, however, that in each such case, any such assignee shall agree in writing to be bound by the terms and conditions hereof and so long as the transferring party delivers such tax. enforceability, and performance assurance as the non- transferring party may reasonably request. Any assignment in violation of this Paragraph shall be void. 13. Regulatory Events: If there is a change in law, administrative regulation, rule, ERCOT design or structure, order, judicial decision, statute, or a change in an interpretation or application of any of the foregoing (collectively, a "Regulatory Event ") and such Regulatory Event causes Champion to directly or indirectly incur any capital, operating, commodity cr other costs (including, but not limited to Taxes) relating to the provision of services contemplated herein materially different from those existing prior to the date of the Regulatory Event, then Champion shall pass through to Buyer the direct economic effects (positive or negative) of any such Regulatory Event.. Champion shall provide a written explanation of the Regulatory Event and the calculation of the pass through amount, as well as documentation supporting the existence of the Regulatory Event and the change in costs. For the avoidance of doubt, if ERGOT implements a Nodal Congestion Management System during the Term of this Agreement, Champion shall charge or credit Buyer an -315- amount for each of Buyer's Locations equal to the difference between each Location's real -time Load Zone price and the real -time trading Congestion Zone LMP -EEI Delivery Point price represented by the trading Hub with the highest concentration of 345 kV buses in the Congestion Zone where Buyer's Location was located prior to the Implementation of the Nodal Congestion Management System multiplied by Buyer's metered usage (adjusted for line losses) as measured on a 15 minute interval basis. For purposes of this computation, the term "concentration" shall be defined as the number of 345 kV buses common to both the applicable trading Hub and the Congestion Zone divided by the number of 345 kV buses in the trading Hub. 14. Event of Default: An "Event of Default" means (a) a representation or warranty made by a Party to this Agreement proves to have been false or misleading in any material respect when made or ceases to remain true during the Term; (b) the failure of a Party to perform any covenant set forth in this Agreement which is not excused by Force Majeure or cured within ten (10) business days after written notice thereof; or (c) Buyer is late in the payment of two (2) or more invoices in any six (6) month period that is not cured within ten (10) business days from the receipt of written notice; (d) the failure of Buyer to provide Performance Assurance in accordance with Paragraph 10; or (e) during the Term of this Agreement, the failure of Buyer to utilize Champion as its sole supplier of electric energy for its Delivery Point(s) (including but not limited to a switch of Buyers electric service to another provider); or (1) a Party makes an assignment or any general arrangement for the benefit of creditors or otherwise becomes bankrupt or insolvent. The Party alleged to have taken, caused or been affected by any of the actions set forth above shall be considered the "Defaulting Party" and the other Party shall be considered the "Non - Defaulting Party." 15. Termination: Where there exists an Event of Default, either Party may terminate this Agreement upon notice to the other Party (a "Termination "). Upon Termination, by Champion if Buyer is the Defaulting Party, Champion reserves the right to provide an invoice to Buyer for the sum of (1) any remaining amounts due under this Agreement pursuant to Paragraph 4; and (ii) an amount ( "Settlement Amount") representing the present value of the positive difference (if any) between the value of the remaining portion of the Term of the Agreement based on the Contract Price minus the then current reasonable replacement value of this Agreement together with, but without duplication, all losses and costs reasonably incurred by Champion as a result of maintaining, terminating, obtaining or re- establishing any hedge or related physical or financial positions applicable to this Agreement. In the event of a termination by Buyer if Champion is the Defaulting Party, Buyer reserves the right to provide an invoice to Champion for an amount (the "Termination Payment ") representing the present value of the positive difference. if any, between the projected amounts payable by Buyer under one or more replacement transactions for the remaining term of the terminated Agreement and the projected amounts that would have been payable by Buyer under this Agreement absent such termination, plus all costs of terminating the Agreement and entering into the replacement transaction(s). Payment of either of the foregoing amounts shall be due to within five (5) days of invoicing. The Parties hereby agree that they shall discharge mutual debts and payment obligations due and owing to each other arising from this Agreement through netting, in which case all amounts owed by each Party to the other Party shall be netted so that only the excess amount remaining due shall be paid by the owing. 16. Entirety of Agreement: Except as provided in paragraph 30, it is the intention of the Parties that this Agreement contains all terms, conditions, and protections in any way related to or arising out of, the sale and purchase of the electricity, and supersedes all prior agreements, written or oral. 17. Force Majeure: Except for obligations for the payment of money, if either Party is rendered unable, wholly or in part, to perform its physical obligations under this Agreement due to Force Majeure, the physical obligations of each Party will be suspended for the duration of any inability to perform for up to twenty (20) consecutive days. A Party claiming Force Majeure (the "Claiming Party ") will notify the other Party by written confirmation, describing the nature, and estimated duration of such inability to perform, The cause of inability to perform will be remedied with all reasonable dispatch. "Force Majeure° means any event or occurrence (including. but not limited to "Acts of God ") that is beyond the control of a Party and that: (a) is not the result of the negligence of the Claiming Party; and (b) which, by the exercise of due diligence, the Claiming Party is unable to avoid or cause to be avoided. A claim of Force Majeure may not be based on: (a) failure of Champion to procure a sufficient supply of energy or to schedule the energy; financial distress; inability to make a profit or avoid financial loss; financial inability to perform; loss of markets or suppliers for reason of non - performance; changes in market prices of fuel or energy, or the economic effect of any change in law, (b) Buyer's inability to economically use electricity purchased under this Agreement or (c) Buyer's election to close, sell, abandon or materially curtail or discontinue operation of Buyer's facilities due to any economic circumstance; provided, however, that in the event of an event of Force Majeure claimed by Customer, the Force Majeure period shall be deemed to be over as of the first interval during which Customer receives twenty -five (25) percent or more of the applicable contract quantity for the applicable Delivery Point(s)." 18. Forward Contract The Parties acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitute a "forward contract" within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a 'forward contract merchant" within the meaning of the United Bankruptcy Code. 19. Governing Law /Counterparts: This Agreement will be interpreted in accordance with the substantive and procedural laws of the State of Texas without giving effect to laws and rules governing conflicts of laws. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and be deemed binding through the use of facsimile signatures. 20. Indemnification: To the extent allowed by law, each Party will indemnify, defend and hold harmless the other Party, its officers, agents, and employees from any claims, damages and actions of any kind arising from personal injury (including without limitation, death), tangible property damage or loss and/or lost profits arising from cr out of any event, circumstance, act or incident occurring or existing with respect to the energy provided pursuant to this Agreement, while control and title to the energy is vested in the indemnifying Party. This provision survives the termination or expiration of this Agreement. 21. Limitation of Remedies, Liability, Damages & Disclaimer of Warranties: FOR BREACH OF ANY PROVISION FOR -316- WHICH AN EXPRESS REMEDY IS PROVIDED, SUCH EXPRESS REMEDY WILL BE THE SOLE AND EXCLUSIVE REMEDY. IF NO EXPRESS REMEDY IS PROVIDED. A PARTY'S LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT. UNDER ANY INDEMNITY PROVISION OR OTHERWISE. THE PARTIES INTEND THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSES RELATED THERETO INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. CHAMPION EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, WITH RESPECT TO THE ELECTRICITY SUPPLIED UNDER THIS AGREEMENT, INCLUDING EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT. 22. Modification of Agreement Any alteration, deletion or addition to the Agreement shall be effective only if made in a written amendment executed by both Parties. No amendment or modification shall be made to this Agreement by course of performance, course of dealing or consumption of trade, or by the failure of a Party to object to a deviation from the terms of this Agreement. 23. No Third Party Beneficiaries; Relationship of the Parties: There are no third party beneficiaries to this Agreement. Champion and Buyer agree that nothing in this Agreement shall be construed to constitute or imply a joint venture, partnership or association or the creation or existence of any fiduciary duty, or similar obligation or liability between Champion and the Buyer. Champion will not provide, and nothing herein will be construed as the provision of, advice regarding the value or the advisability of trading in "commodity interests" which would cause Champion or an affiliate to be considered a commodity trading advisor under the Commodity Exchange Act, 7 U.S.C. § §1 -25, et seq., as amended. 24. Severabillty: If any provision of this Agreement is held to be invalid, Its invalidity shall not affect the validity of any other provision of the Agreement. 25. Survival: All confidentiality, indemnity, liability limitation and disclaimer provisions will survive the termination of this Agreement. All obligations provided in this Agreement will remain in effect for the purpose of complying herewith. 28. Taxes: Buyer will be responsible for, pay, and indemnify Champion for all Taxes hereunder, whether imposed on Buyer or Champion. Champion may collect such Taxes from Buyer by increasing invoice charges for the amount of such Taxes. Buyer will provide all requested exemption certificates and information and until provided, Champion will not recognize any exemption. "Taxes° shall mean all ad valorem, property, occupation, utility, gross receipts, sales, use, franchise, assessment fees, excise and other taxes, governmental charges, emission allowance costs, licenses, permits and assessments, other than taxes based on net income or net worth, 27. UCC: Except as otherwise provided in the Agreement, the Texas Uniform Commercial Code ( °UCC °) shall apply to this Agreement and electricity shall be a °good' for purposes of the UCC. 28. Buyer Protection Rules: Buyer and Champion acknowledge and agree that the Buyer Protection Rules enacted by the PUCT (Section 25. Subchapter R), that were written to protect residential and very small commercial consumers, do not apply to this Agreement. If there is any conflict between the Buyer Protection Rules and this Agreement, the Parties acknowledge that this Agreement will control. 29. Representations and Warranties: Each Party represents to the other that; (a) it is validly existing and in good standing in the jurisdiction of its formation; (b) it has not filed, does not plan to file, or had any bankruptcy proceeding filed against it; (o) execution of this Agreement has been duly authorized and is a valid and enforceable obligation; and (d) it is not a party to or subject to any commitment that may restrict or interfere with the delivery of electricity under this Agreement. Buyer represents to Champion during the Tenn that: (a) it intends to operate its business in substantially the same manner as it has in the previous 12 months and that the Contract Quantities reflected in Exhibit "A° reasonably reflect Buyer's anticipated consumption; (b) it understands Champion is relying on this representation to purchase products and services (in quantities that closely resemble Buyer's consumption pattern of the previous 12 months) from third parties to serve Buyer's Energy requirements for the Term of this Agreement; (c) it understands that if It operates its ESI ID(s) inconsistent with its usual and customary manner it may cause material detrimental financial impact to Champion and that Champion will pass along the impact of such changed consumption in accordance with Paragraph 5; (d) the information provided concerning its ESI ID(s) is true and correct; e) any transactions entered into by Buyer related to this Agreement are understood by Buyer and made at Buyer's sole election in the exercise of independent judgment and Buyer assumes any risk associated with them; and (f) it is purchasing these services for its commercial business, strictly for its own use, and its aggregated peak demand during any twelve (12)- rnonth period is, or will be, greater than 50 kW. If any of the foregoing representations or warranties turns out to be false or the Buyer's consumption materially changes as compared to past practice, or the load profile assigned by the TDSP to Buyer's ESI ID(s) changes, Champion may, in addition to other Remedies provided for herein, adjust the Contract Price to account for the adverse change, but only to the extent that the adjustments are equal to the actual incremental costs resulting from the misinformation. 31. No Disconnection of Service: Champion agrees. and represents and warrants, that it will never instruct the transmission a- distribution service provider or ERCOT to disconnect physical service to Buyer to the extent that Buyer is a health care facility or otherwise operates critical infrastructure. Buyer must disclose to Champion that it is a health care facility or otherwise operates critical infrastructure prior to execution of an agreement for this Paragraph 31 to be effective. If such disclosure is not made to Champion prior to the execution of Agreement and Buyer does not make -317- payment according to the terms of the Agreement, Champion will provide ten (10) days prior written notice before facilities are disconnected. Champion agrees that, prior to any temporary or permanent disconnection of the physical service to Buyer, Champion will use its best efforts to provide advance notification not only to Buyer but also to provide a copy of such notification to H -GAC Energy Purchasing Corporation and/or its coordination consultant. 32. Requirements service: To the extent that Buyer operates health care or other facilities for which it maintains emergency generators, use of such generators in an outage or force majeure situation or for required testing purposes for limited periods is allowed. 33. Non-Appropriation: Buyer intends to make all required contract payments for the full term of this Agreement, however, Buyer and Champion agree that if Buyer's governing body is not able to appropriate sufficient funds and has no other legally available funds to continue the purchase of electricity covered by the Agreement, Buyer may terminate this Agreement at the end of Buyer's fiscal year affected thereby, by giving written notice to Champion to that effect, and as of Buyer's termination date, Champion shall have no further duty to supply electricity to Buyer. Buyer agrees to notify Champion in writing of such non - appropriation at the earliest practicable time subsequent to the failure to appropriate. 34. Notices. Notices required or permitted to be given under this Agreement will be in writing. The addresses of the Parties are as follows: This agreement constitutes the entire agreement between the parties, notwithstanding any oral statements or representations of any brokers or sales representatives. Any amendment, change or modification of this contract must be in writing and signed by both parties. IN WITNESS WHEREOF, the Parties, by their respective duly authorized representatives, have executed this Agreement effective as of the Effective Date. This Agreement will not become effective as to either Party unless and until executed by both Parties. "Buyer" City of Corpus Christi CHAMPION ENERGY SERVICES, LLC Champion" By: [Signature] [Signature] Name: Angel R. Escobar Name: Title: City Manager Title: Date: September 1,2010 Date: -318- Buyer Notices Champion Notices Contract Issues Invoicing Attention: Rudy D. Garza Dir.. Intergovernmental Relations � Kimberly Galan Flores Accounts Manager General Counsel Address: City of Corpus Christi 1201 Leopard St., 5th Floor City of Corpus Christi 1201 Leopard St. 13831 Northwest Fwy Suite 250 City, State, Zip: Corpus Christi, TX 78401 Corpus Christi, TX 78401 Houston, TX 77040 Telephone: (361) 826 -3082 (361)880 -3645 (281) 653 -5090 Facsimile (361) 826 -3845 (361)880 -3647 (281) 653 -5080 E -mail: rudvaaCa�cctexas.com kimberlyg cctexas.com infflta '7.championenerayservices.com Federal Tax ID #: 74- 6000574 20- 1466960 This agreement constitutes the entire agreement between the parties, notwithstanding any oral statements or representations of any brokers or sales representatives. Any amendment, change or modification of this contract must be in writing and signed by both parties. IN WITNESS WHEREOF, the Parties, by their respective duly authorized representatives, have executed this Agreement effective as of the Effective Date. This Agreement will not become effective as to either Party unless and until executed by both Parties. "Buyer" City of Corpus Christi CHAMPION ENERGY SERVICES, LLC Champion" By: [Signature] [Signature] Name: Angel R. Escobar Name: Title: City Manager Title: Date: September 1,2010 Date: -318- CHAMPION Ear e1r31wc =s Customer Initials Champion Initials EXHIBITS TO RETAIL POWER SALES AGREEMENT Customer: CORPUS CHRISTI, CITY OF Contract Date: August 24, 2010 1 EXHIBIT "A" Start Date: Term: September 01, 2010 39 months Contract Price: Consumption Variance: +-20% Contract Quantity: The monthly kWh quantity per ERCOT congestion zone shown below. Congestion Zone kWh 60,200 51,600 43,000 34,400 25,800 17,200 8,600 0 Contract Quantity Feb Apr May ul Aug Sep Oct Nov Dec EXHIBIT "B" ERCOT Costs (included in Contract Price) - Balance Energy CSC Congestion Costs - Regulation Down Service Charge - Regulation Up Service Charge - Responsive Reserve Service Charge - Non - Spinning Reserve Service Charge - Replacement Reserve Service (Fixed, Heat Rate) - Voltage Support Charge - Black Start Service Charge - RMR Reserve Service Charge - OOM Replacement Capacity Charge - OOM Energy Charge - Zonal Out -of -Merit Energy Charge - T&D Unaccounted for Energy - ERCOT System Administration Fee - Transmission and Distribution Losses - Local (tntrazonal) Congestion Charges - Interzonal Congestion Charges (CSC) - Residential Requirement EXHIBIT "C" - Renewable Energy Charge - Uplifted Wind Generation Costs Balancing Energy Neutrality Charges PUCT Credit Requirements - ERCOT Credit Requirements - Qualified Scheduling Entity Fees - REP Administration and Margin Fees Pass - through Charges (passed through at cot) TDSP Charges - regulated by Public Utility Commission of Texas and imposed and invoiced by the TDSP(s) - Customer Charges - Meter Charges - Transmission and Distribution Charges - Transmission Cost Recovery Factor - System Benefit Fund Charges - Nuclear Decommissioning Charges Delivery Point(s) No. ESI ID 1 101383000070466 - Competitive Transition Charges - Transition Charges - Excess Mitigation Credits - Utility- imposed Reactive Power Charges - Charges for services, repairs & equipment - Other Charges TDSP(s) may impose from time -to -time EXHIBIT "D" Taxes and other fees: - Municipal Franchise Fees - Gross Receipts Taxes - PUC Assessment Fee - Sales Taxes - Replacement Reserve Service (MCPE) Service Address City, State and ZIP Congestion Zone Radio Tower Corpus Christi, TX 78410 SOUTH 2 101383000080804 RAPIDS DR/KiCKAPOO DR CORPUS CHRISTI, TX 78410 SOUTH 3 10I383000080838 WOOD RIVER DR AT IDQT CORPUS CHRISTI, TX 78410 SOUTH 4 101383000080853 WOOD RIVER DR /RAPIDS DR CORPUS CHRISTI, TX 78410 SOUTH 5 101383000080887 WOOD RIVER DR /RAPIDS DR CORPUS CHRISTI, TX 78410 SOUTH 6 101383000080978 BIG CYPRESS BAYOU CORPUS CHRISTI, TX 78410 SOUTH 7 101383000081000 LAVACA RIVER CT CORPUS CHRISTI, TX 78410 SOUTH 8 101383000081026 WOLF CRK/CLEAR FORK DR CORPUS CHRISTI, TX 78410 SOUTH 9 101383000081042 WOLF CREEK CT CORPUS CHRISTI, TX 78410 SOUTH -319- HOOttin20I:0 South2010 Notth2010 •` West2010.. Jan 0 44,774 0 0 Feb 0 38,576 0 0 Mar 0 41,434 0 0 Apr 0 38,659 . 0 . 0 May 0 51,855 0 0 Jun 0 51,772 - 0 0 Jul 0 35,574 0 0 Aug 0 42,996 0 0 -- -Sep -- 0 42,628 0 0 Oct 0 47,562 0 0 Nov 0 47,950 0 0 Dec _ 0 42,178 - 0 0 Total 0 525,958 0 0 Contract Quantity Feb Apr May ul Aug Sep Oct Nov Dec EXHIBIT "B" ERCOT Costs (included in Contract Price) - Balance Energy CSC Congestion Costs - Regulation Down Service Charge - Regulation Up Service Charge - Responsive Reserve Service Charge - Non - Spinning Reserve Service Charge - Replacement Reserve Service (Fixed, Heat Rate) - Voltage Support Charge - Black Start Service Charge - RMR Reserve Service Charge - OOM Replacement Capacity Charge - OOM Energy Charge - Zonal Out -of -Merit Energy Charge - T&D Unaccounted for Energy - ERCOT System Administration Fee - Transmission and Distribution Losses - Local (tntrazonal) Congestion Charges - Interzonal Congestion Charges (CSC) - Residential Requirement EXHIBIT "C" - Renewable Energy Charge - Uplifted Wind Generation Costs Balancing Energy Neutrality Charges PUCT Credit Requirements - ERCOT Credit Requirements - Qualified Scheduling Entity Fees - REP Administration and Margin Fees Pass - through Charges (passed through at cot) TDSP Charges - regulated by Public Utility Commission of Texas and imposed and invoiced by the TDSP(s) - Customer Charges - Meter Charges - Transmission and Distribution Charges - Transmission Cost Recovery Factor - System Benefit Fund Charges - Nuclear Decommissioning Charges Delivery Point(s) No. ESI ID 1 101383000070466 - Competitive Transition Charges - Transition Charges - Excess Mitigation Credits - Utility- imposed Reactive Power Charges - Charges for services, repairs & equipment - Other Charges TDSP(s) may impose from time -to -time EXHIBIT "D" Taxes and other fees: - Municipal Franchise Fees - Gross Receipts Taxes - PUC Assessment Fee - Sales Taxes - Replacement Reserve Service (MCPE) Service Address City, State and ZIP Congestion Zone Radio Tower Corpus Christi, TX 78410 SOUTH 2 101383000080804 RAPIDS DR/KiCKAPOO DR CORPUS CHRISTI, TX 78410 SOUTH 3 10I383000080838 WOOD RIVER DR AT IDQT CORPUS CHRISTI, TX 78410 SOUTH 4 101383000080853 WOOD RIVER DR /RAPIDS DR CORPUS CHRISTI, TX 78410 SOUTH 5 101383000080887 WOOD RIVER DR /RAPIDS DR CORPUS CHRISTI, TX 78410 SOUTH 6 101383000080978 BIG CYPRESS BAYOU CORPUS CHRISTI, TX 78410 SOUTH 7 101383000081000 LAVACA RIVER CT CORPUS CHRISTI, TX 78410 SOUTH 8 101383000081026 WOLF CRK/CLEAR FORK DR CORPUS CHRISTI, TX 78410 SOUTH 9 101383000081042 WOLF CREEK CT CORPUS CHRISTI, TX 78410 SOUTH -319- CHAMPION ENdac :knvic.c Customer Initials Champion Initials EXHIBIT "D" - Continued Delivery Point(s) No. ESIID 10 101383000081059 11 101383000081067 12 101383000081075 13 101383000081083 14 101383000081091 15 101383000081109 16 101383000081117 17 101383000081125 18 101383000081133 19 101383000081141 20 101383000081158 21 I01383000081166 22 101383000081174 23 101383000081182 24 101383000081190 25 101383000081208 26 101383000081224 27 101383000081232 28 101383000081240 29 101383000081257 30 101383000081265 31 101383000083154 32 101383000083196 33 101383000083204 34 101383000083212 35 101383000083238 36 101383000083253 37 101383000083295 38 101383000083329 39 101383000083345 40 101383000083378 41 101383000083394 42 101383000083410 43 101383000083428 44 101383000083451 45 101383000083477 46 101383000083485 47 101383000083618 48 101383000084707 49 101383000127688 50 101383000130658 51 101383000130666 52 101383000130674 53 101383000130682 54 101383000130690 55 101383000130708 56 101383000130716 57 101383000130724 58 101383000130732 59 101383000130740 60 101383000130757 61 101383000130765 62 101383000172833 63 101383000179986 64 101383000179994 65 101383000180000 66 101383000180018 67 101383000180026 68 101383000180034 69 101383000180042 70 101383000180059 71 101383000180067 Service Address City, State and ZIP RED RIVER/OLMOS RIVER CORPUS CHRISTI, TX 78410 OLMOS RIVER CT CORPUS CHRISTI, TX 78410 Congestion Zone SOUTH SOUTH 1 PEACH CREEK CT RED RIVERJPEACH CRK CT CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH RED RIVER/PETRONILA CRK CORPUS CHRISTI, TX 78410 SOUTH WOOD RIVER/RED RIVER DR CORPUS CHRISTI, TX 78410 SOUTH COWHOUSE CREEK CT CORPUS CHRISTI, TX 78410 SOUTH COWHOUSE CRK/RED RIVERCT CORPUS CHRISTI, TX 78410 SOUTH PETRONILA CREEK CT CORPUS CHRISTI, TX 78410 SOUTH PETRONILA CREEK CT CORPUS CHRISTI, TX 78410 SOUTH CLEAR FORK CT CORPUS CHRISTI, TX 78410 SOUTH CLEAR FK CT /CLEAR FK DR CORPUS CHRISTI, TX 78410 SOUTH PECAN BAYOU CT CORPUS CHRISTI, TX 78410 SOUTH LAVACA RIVER/CLEAR FKDR CORPUS CHRISTI, TX 78410 SOUTH CLEAR FORK DR CORPUS CHRISTI, TX 78410 SOUTH WOOD RIVER/PECOS RIVER CORPUS CHRISTI, TX 78410 SOUTH WOOD RIVER DR CORPUS CHRISTI, TX 78410 SOUTH WOOD RIVER/CALAVERAS DR CORPUS CHRISTI, TX 78410 SOUTH SPRING CRKJATTOYAC DR CORPUS CHRISTI, TX 78410 SOUTH SPRING CRK/CALAMITY DR. CORPUS CHRISTI, TX 78410 SOUTH SPRING CREEK/HEAL DR CORPUS CHRISTI, TX 78410 SOUTH WASTESTATIONBEAL/SPRIN Corpus Christi, TX 78410 SOUTH RED RIVER/RIVER HILL CORPUS CHRISTI, TX 78410 SOUTH BLACK BAYOU CORPUS CHRISTI, TX 78410 SOUTH RED RIVER DR CORPUS CHRISTI, TX 78410 SOUTH RIVER HILL/SHAWNEETRAIL CORPUS CHRISTI, TX 78410 SOUTH SWEETWATER CREEK CORPUS CHRISTI, TX 78410 SOUTH SWEETWATER CREEK CORPUS CHRISTI, TX 78410 SOUTH SWEETWATER CREEK CORPUS CHRISTI, TX 78410 SOUTH SWEETWATER CRL/REDRIVE CORPUS CHRISTI, TX 78410 SOUTH RED RIVER/SHAWNEE TRAIL CORPUS CHRISTI, TX 78410 SOUTH RED RIVER/SWEETWATER CORPUS CHRISTI, TX 78410 SOUTH CLEAR FORK DR. CORPUS CHRISTI, TX 78410 SOUTH CLEAR FORK/RED RIVER DR CORPUS CHRISTI, TX 78410 SOUTH MEDINA SPRINGS CORPUS CHRISTI, TX 78410 SOUTH MEDINA SPRINGS/PRAIRIECK CORPUS CHRISTI, TX 78410 SOUTH PRAIRIE CREEK DR CORPUS CHRISTI, TX 78410 SOUTH PRAIRIE CRKJRED RIVER CORPUS CHRISTI, TX 78410 SOUTH CLEAR FORK DR CORPUS CHRISTI, TX 78410 SOUTH FM 624/RIVER HILL DR CORPUS CHRISTI, TX 78410 SOUTH MELEX DR/MOOREHEAD CORPUS CHRISTI, TX 78410 SOUTH SPAULDING/RIVER. HILL DR CORPUS CHRISTI, TX 78410 SOUTH REAGAN/RiVER HILL DR CORPUS CHRISTI, TX 78410 SOUTH POWELLJPINNACEL DR CORPUS CHRISTI, TX 78410 SOUTH NORTHWEST EST/PARK CORPUS CHRISTI, TX 78410 SOUTH FM 624/PINNACLE DR CORPUS CHRISTI, TX 78410 SOUTH POWELLJREGAN DR CORPUS CHRISTI, TX 78410 SOUTH REAGAN/NICHOLS DR CORPUS CHRISTI, TX 78410 SOUTH POWELL/NICHOLS DR CORPUS CHRISTI, TX 78410 SOUTH MOORHEAD /SPAULDING DR CORPUS CHRISTI, TX 78410 SOUTH SPAULDING/NICHOLS DR CORPUS CHRISTI, TX 78410 SOUTH MOORHEAD/PWEI.L. DR CORPUS CHRISTI, TX 78410 SOUTH WOODRIVER&CLEAR FORK CORPUS CHRISTI, TX 78410 SOUTH TRINITY RIV DR & FM 636 CORPUS CHRISTI, TX 78410 SOUTH TRINITY RIVER DRIVE CORPUS CHRISTI, TX 78410 SOUTH TRINITY RIVER DRIVE CORPUS CHRISTI, TX 78410 SOUTH TRINITY DR & WOODRIV DR CORPUS CHRISTI, TX 78410 SOUTH WOODR1VER DR ENTRANCE CORPUS CHRISTI, TX 78410 SOUTH RIVER PARK $ BEAL DR CORPUS CHRISTI, TX 78410 SOUTH GUADALUPE RIVER DR CORPUS CHRISTI, TX 78410 SOUTH RIVER PARK DR/PARK CORPUS CHRISTI, TX 78410 SOUTH RIVER PARK DRJPARK CORPUS CHRISTI, TX 78410 SOUTH 72 101383000180075 WOODRIVER&RIVER PARK CORPUS CHRISTI, TX 78410 SOUTH -320- CHAMPION ENtRGY RORVICs¢ } Customer Initials Champion Initials EXHIBIT "D" - Continued Delivery Points) No. ESIID 73 101383000180083 Service Address SPRING CREEKIBUTTES DR City, State and ZIP CORPUS CHRISTI, TX 78410 74 101383000180091 75 101383000180109 76 101383000180117 77 101383000180125 78 101383000192716 79 101383000192724 80 101383000192732 81 101383000192740 82 I01383000192757 83 101383000192765 84 101383000194084 85 101383000194092 86 101383000194100 87 101383000194118 88 101383000194886 89 101383000194894 90 101383000194902 91 101383000194910 92 101383000194928 93 101383000194936 94 101383000197137 95 101383000197186 96 101383000208728 97 I01383000211169 98 101383000211177 99 1013830002I2464 100 101383000249359 101 101383000250654 102 101383000253765 103 101383000266825 104 101383000267690 105 101383000267708 106 101383000267716 107 101383000267815 108 101383000269126 109 101383000269167 110 101383000269589 111 101383000270140 112 101383000270157 113 101383000270165 114 101383000270173 115 101383000270462 I16 101383000270889 117 101383000271243 118 101383000271244 119 101383000271246 120 101383000271248 121 101383000271249 122 101383000271250 123 101383000272400 124 101383000272411 125 101383000272412 126 101383000272483 127 101383000272896 I28 101383000273446 129 101383000273447 130 101383000273448 131 101383000280544 132 101383000280545 133 101383000280546 134 101383000280547 135 101383000280548 SPRING CREEK/KEEGAN DR CORPUS CHRISTI, TX 78410 Congestion Zone SOUTH SOUTH E RIVERVIEW/DRY CRK DR DRY CREEK & RAPIDS DR PECAN BAYOU /CLEAR FRK RIVERWAY & RIVER RUN RIVERWAY &RIVER RUN RIVER ROCK & CO RD 69 RIVER ROCK & RIVER RUN RIVER ROCK & RIVERSIDE RIVERWAY & RIVERSIDE PECOS AND PLATTE RV DR SL/BUTTES SLIKEEGAN &LAVACA RV CT SL/KEEGAN MIDDLE OF PECOS RV DR PECOS & SCHOSHONE DR END OF SHOSHONE DR PECOS AND PLATTE RV DR MEDDLE OF PLATTE RV DR END OF PLATTE RV DR SL/RIVERWAY &EAST DR SL/RIVER EAST&ROCK DR SL/SANTA GERTRUDIS SIGNAL LIGHT 624 -CO RD 73- SIGNAL LIG SL/BEAL SUGAR MAGNOLIA/CAAVERA SUGAR MAGNOLIA RIVERWOOD/FM636 SANTA GERTRUDIS DR BEAL DR/ THOREAU DR BEAL DR/WOODRIVRE DR LONGFELLOWS GLEN DR BEAL DR/LONGFELLOWS THOREAU DR SANTA GRETRUDES/BEAL SANTA GERTRUDIS TEAL DR RIVER WALK RAPIDS DR TRINITY RIVR/RIVERWALK RAPIDS DR RIVER WALK /END E RIVERVIEW /GERONIMO DR GERONIMO DR/GUADALUPE WHITEMAN CIR/GUADALUPE WHITEMAN CM GUADALUPE RIVERBALLARD GUADALUPE R1VIWORDSWO BEDROCK/EAST RIVRVIEW BEDROCK/BIG CYPRUS BAY BIG CYPRUS BAYOU THOREAU CIRCLE SANTA GERTRUDIS IRON RIVER/ItIVER PARK IRON RIVER IRON RIVER/SANTA GERTRU RIVER HILLS /CHANTILLY CHANTILLY DR CHANTILLY DR/CIRCLE CHANTILLY /CROSS RIVER CROSS RIVER CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH Corpus Christi, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH Corpus Christi, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH CORPUS CHRISTI, TX 78410 SOUTH -321- CHAMPION enmecv si,nvv.s Customer Initials Champion Initials EXHIBIT "D" - Continued Delivery Point(s) No. ESI ID 136 101383000280549 Service Address CROSS RIVER/PETRIDGE City, State and ZIP CORPUS CHRISTI, TX 78410 Congestion Zone SOUTH 1 137 101383000280550 PETRIDGE DR CORPUS CHRISTI, TX 78410 SOUTH 138 101383000280551 PETRIDGEBENNXVILLE DR CORPUS CHRISTI, TX 78410 SOUTH 139 101383000280552 BENNYVII.LEJGREENBRIAR CORPUS CHRISTI, DC 78410 SOUTH 140 101383000280553 BENNYV] LLEIGREENBRIAR CORPUS CHRISTI, TX 78410 SOUTH 141 10I383000280554 GREENBRIAR DR CORPUS CHRISTI, TX 78410 SOUTH 142 101383000280555 GREENBRIAR/CROSS RIVER DR CORPUS CHRISTI, TX 78410 SOUTH 143 101383000280733 FM 666 Carpus Cliristi, DC 784.10- SOUTH 144 101383000282378 2397 CR 20 /CREW BLDG CORPUS CHRISTI, TX 78410 SOUTH 145 101383000282379 2397 CR 20 /ADMIN BLDG CORPUS CHRISTI, TX 78410 SOUTH 146 101383000282380 2397 CR 20/MAINT BLDG ROBSTOWN, TX 78380 SOUTH I47 101383000282381 2397 CR 20/LECHATE PUMP ROBSTOWN, TX 78380 SOUTH 148 101383000282613 3614 FM 1889/LIFT STATI ROBSTOWN, TX 78380 SOUTH 149 101383000282693 RIVER PARK/SANTA GERTRU CORPUS CHRISTI, TX 78410 SOUTH 150 101383000282694 SANTA GERTUDIS /CIBOLO CORPUS CHRISTI, TX 78410 SOUTH 151 101383000282695 CIBOLO DRIVE CORPUS CHRISTI, TX 78410 SOUTH 152 101383000282757 2397 CR 20 /MAIN ENTRNCE ROBSTOWN, TX 78380 SOUTH 153 101383000283426 BALLARD TREE/WORDSWORTH CORPUS CHRISTI, TX 78410 SOUTH 154 101383000283427 WORDSWORTH CORPUS CHRISTI, TX 78410 SOUTH 155 101383000283921 LAKE KEMP CT CORPUS CHRISTI, TX 78415 SOUTH 156 101383000283922 LAKE KEMP CT/LAKE MEAD CORPUS CHRISTI, TX 78415 SOUTH 157 101383000283923 LAKE MCQUEENEY CORPUS CHRISTI, TX 78415 SOUTH 158 101383000284455 LAKE MEAD/LAKE MCQUEEN CORPUS CHRISTI, TX 78415 SOUTH 159 101383000284456 LAKE HAWKINS CORPUS CHRISTI, TX 78416 SOUTH 160 101383000284457 LAKE HAWKINSLAKE MEAD CORPUS CHRISTI, TX 78415 SOUTH 161 101383000284458 LAKE MEAD/PERFECTION CORPUS CHRISTI, TX 78410 SOUTH 162 101383000284459 LAKE GRANDE CORPUS CHRISTI, TX 78410 SOUTH 163 101383000284614 WRNER/LAKE MEAD CORPUS CHRISTI, TX 78410 SOUTH 164 101383000284616 W RIVER DR CORPUS CHRISTI, TX 78410 SOUTH 165 101383000284617 PERFECTION/LAKE ATHENS CORPUS CHRISTI, TX 78410 SOUTH 166 101383000284618 LAKE ATHENS CORPUS CHRISTI, DC 78410 SOUTH 167 101383000284619 LAKE PALESTINE CORPUS CHRISTI, TX 78410 SOUTH 168 101383000284620 LAKE ATHENS/LAKE CHAMPA CORPUS CHRISTI, TX 78410 SOUTH 169 101383000284621 LAKE CHAMPAGNE CORPUS CHRISTI, TX 78410 SOUTH 170 101383000284622 LAKE TEXOMA/LAKE ATHENS CORPUS CHRISTI, TX 78410 SOUTH 171 101383000284623 LAKE TEXOMA COURT CORPUS CHRISTI, TX 78410 SOUTH 172 101383000284624 SILVER LAKFJLAKE ATHENS CORPUS CHRISTI, TX 78410 SOUTH 173 101383000284625 SILVER. LAKE COURT CORPUS CHRISTI, TX 78410 SOUTH 174 101383000284626 PERFECTION LAKE CORPUS CHRISTI, TX 78410 SOUTH 175 101383000284627 TRAFFIC LIGHT /624 &CR69 CORPUS CHRISTI, TX 78469 SOUTH 176 101383000284886 RIVER HILL/NW BLVD CORPUS CHRISTI, TX 78410 SOUTH 177 101383000284955 TRAFFIC LIGHT /624 &CR69 CORPUS CHRISTI, TX 78469 SOUTH 178 101383000285132 13091 NORTHWEST BLVD CORPUS CHRISTI, TX 78410 SOUTH 179 101383000285175 2397 CR 20NALENZULA LF Corpus Christi, TX 78343 SOUTH 180 101383000285519 FM 624/CR 73A/FL L GHT Corpus Christi, TX 78410 SOUTH 181 101383000285568 FM 6241E RIVERVIEW Corpus Christi, DC 78410 SOUT.0 182 101383000285569 FM 624 /RIVERTRAIL Corpus Christi, TX 78410 SOUTH 183 101383000285577 FM 624/ TRINITY RIVER 184 101383000285578 FM 624/WOODRIVER Corpus Christi, TX 78410 SOUTH Corpus Christi, TX 78410 SOUTH 185 101383000286281 FM 624 Corpus Christi, TX 78469 SOUTH 186 101383000286411 FM 624 Corpus Christi, TX 78410 SOUTH 187 101383000286412 STREET LIGHT FM 624 Corpus Christi, TX 78410 SOUTH 188 101383000286413 STREET LIGHT FM 624 Corpus Christi, TX 78410 SOUTH 189 101383000286414 STREET LIGHT FM 624 Corpus Christi, TX 78410 SOUTH 190 101383000286415 STREET LIGHT FM 624 Corpus Christi, TX 78410 SOUTH 191 101383000286416 STREET LIGHT FM 624 Corpus Christi, TX 78410 SOUTH 192 101383000286417 STREET LIGHT FM 624 Corpus Christi, TX 77043 SOUTH 193 101383000286418 STREET LIGHT FM 624 Corpus Christi, TX 77043 SOUTH For Emergencies, Outages and Equipment Service, call your respective TDSP ("wires" company) below. TDSP Service Area ESL ID Prefix Energency Service Center Point Houston & surrounding areas 1008901 (800) 332 -7143 (800) 332 -7143 TXUED (aka Oncor) North and West Texas including DFW 1044372 (888) 313 -4747 (888) 313 -6862 AEP - CP&LIWTU Central, South and West Texas 1003278, 1020404 (866) 223 -8508 (877) 373 -4858 TNMP S. Central Coast, Far West and North TX 1040051 (888) 866 -7456 (888) 866 -7456 -322- pq CHAMPION mos 1=NE:RCaY SERVICES Champion Energy Services, LLC 13831 NW Freeway Suite 250 Houston, TX 77040 PLC License r: 10098 Questions or Comments Local: 281 653 -5090 Toll Free: 877 653 -5090 Entail: supportzchampionenergyservlces.com VVeb: v..tharnplonenergyservlces.com For Outages/Emergencies Call: Oncor Electric Delivery 1888) 313-4747 Thank you for your business! Please send all payment remittance to the following address: Champion Energy Services PO Sox 4190 Houston, TX 77210-4190 Champion Energy policy is to report unpa :.d balances to appropriate credit agencies. l:ss;z Nitari 1 A Acct # ; Bill # : 80904220697 Bill Date : 04123/09 Page: 1 of 1 CHAMPS MCCHAMPI CIO TESTY TESTOR 123 ELMBANK, STE 550 HOUSTON, TX 77005 Service at ESI ID #: 10443720001234567 00123 TEST RD #B FLOWER MOUND, TX 75177 BM Date : 04123109 Bill Period • 03/20/09 thru 04121/09 - First Bill $0.00 1 $4.830.27 50.00 Due Amount Due Date Motor type Dates Cuff Rd Prev Rd 1 Mult I Usage 03!20 - 0421 04460 09431 2 430,348.00 Lk mind Power Facto Current Charges Electric service CKWH : Commercial Energy 60,348.00 0.06075 TDSP : TDSP Pass - Through Charges.,...,, BAS003:METERING CHARGE 1.00 18.65000 BAS001. CUSTOMER CHARGE1.00 24.90000 TRN002.TRANSMISS10NCO. TRECOVERY FACTOR109.00 0.43906 M6CO24. SYSTEM BENEFIT F U N D . 60.348 00 0.00066 MSC034. ENERGYEFFICJE /NCY COST RECOVERY . -.- 1.00 2.48000 D1S001.DISTRIBIITION SYSTEM CHARGE.... - 110.00 3.55000 MSCO29:TRANSITION CHARGE 1 110.00 0.17100 MSCO25:N1JCLEAR DECOMMISSIONING CHARGE11000 0 04400 MSC036.: TRANSITION CHARGE 2... .. 11000 0.26600 TRN001: TRANSMISSION SYSTEM CHARGE ... - - -... 10900 1.19000 TDSP discretionary service charges MSC039ADVANCED METERING COST RECOVERY 1.00 4 03000 FACTOR Taxes City Tax Gross Receipts Tax... PLJCT Gross Receipts Assessment Fee State Sales Tax Payments and Adjustments Previous Balance Payments and Adjustments Total Payments/Adjustments $0.00 Total New Charges 54,830.27 Total Due $4,830.27 Qty Rate Amount $3,666.14 5704.54 516.65 524.90 547 86 539.5,3 52.48 5390.50 518.81 54.84 529.26 5129 71 $4.03 5403 S87.49 587.36 57.29 5273,42 50.00 Contract Details Usage kWh Avg Rate Amount 03 /20tur • 04!2 109 Fred Rate 00,318 00 0.06075 S3,06'6.14 The a,mrage price' /ou pad ;0, electricity this period is 50 072 per kWh Champion Energy Services. LLC 13831 NW Freeway Suite 250 Houston, TX 77040 CHAMPS MCCHAMPI CIO TESTY TESTOR 123 ELMBANK, STE 550 HOUSTON, TX 77005 Please return this portion with your payment Acct #: Bill Date: 04123'09 ,Bill #: 80904220697 Amount Due: 54,$30.27 Due by: 05109109 -323- Amount Due Alter 05 :09/09 55,049 01 Amount Enclosed : $ __..._ -... Make check payable to. Champion Energy Services, LLC f) Ctiock here t0 donate to C par, rte; r F0iY€" Partners Pe.57W1 Donate ,151.00 1155.0027 S10.00 Li Ottlef S 09022 701011000048302700005049012 Champion Energy Services, LLC PO Box. 4 190 Houston, TX 77210-4190 CHAMPION ENERGY SERVICES Web Portal Screen Shot (3 Ur , you are currently viewing rl i. r J i n 1n l i 4444 i• j' p : - " , t 6 444 - N r. 43i - a• ; d ._: : ,a V • 4,1 .el. 4441 . u1 a 4.4 :165.5;- OG.42:2410 40 0 4441 en 41 1 434 4> . 1. I, 1.1) •t rY u{ V•1 rt a - in 114 ▪ fn in 4T fi 14 iii ri w d c O r 1%'30.2009 in 43 !+1 ii !. f0 fi. .,. 11 •- .1. r N ' 113 R� r, : 1n Y 1- 1...1 3'1 N 'S 1 1 1,1 - .i O 34 .3": � 4 444 t rn ; {n - n1 .4 vi 1441 r-1 441 /4 44.4 : 441 rr N 1, 4.1 . 4.1 01 r 4441 414 new customers .44 04.65,2010- 05,10:20'11) 44a F, 0 0. PI 7 1! F. N - Q [•1 N It '3 vi r�r qs CCY S1 10;07i?009 (414 rri c3 ni CU (4 ^.. 443 - 7 C,1 - 0 1550 Z T . S. 414 ra ▪ o o 441 -• 3: a re a 37 1-{ C1 J'1 -1 r! t1 - ri - Fi :•4 p> 111 }1 .l st. . 11: . 414s 411 •1 ▪ 1'1 N 1:4 ^1 . 1a uS 4144 v - • ra Si ▪ (1 0 C] 0 4) ▪ .'e 4, 4. 4 d A 4'A A <,f a -324- 00 .` a as 0 0. 0 0 C▪ P V u q! 4 W H V H Lil Z CLO C C ;[} .5 r r W • YF • ' ado W gi LU 0 E m m VE -0 00 0 0. O O . r.� .r; L0 0 n tn. 0 Lri 00 00 00 0 N CO 0 0 0 v► n N Lo 00 0 4/• 4.0 Lmfl 00 N t!� • to 0 Cg • �L 0 n co 0 Annual SL Fees c E a, C 0 0 a L6- 00 e-1 00 m 4.0 00 00 LY ■ O iy.J 3 U o u ✓ 00 an 23 AGENDA MEMORANDUM City Council Action Date: August 31, 2010 SUBJECT: Mansheim & Helen -- Gabriel to Kostoryz & Sunnybrook to Gollihar (BOND 2008) Project No. 6491 / CIP No. ST 35 Mansheim Area Improvements (CIP FY 2010) Project No. 73971 CIP No. WW 29 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Reytec Construction Resources Inc. of Houston, Texas, in the amount of $6,890,519.50 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (Bond 2008) and Mansheim Area Improvements (CIP FY 2010) for the total base bid for Part 1 and Part 2. (TABLED ON AUGUST 17, 2010) ISSUE: This construction project consists of a voter- approved Bond Issue 2008 project (Part 1) and a CIP wastewater improvements project (Part 2). Part 1 is the Mansheim & Helen street improvements project. It includes the rehabilitation of Mansheim Boulevard from Gabriel Street to Kostoryz Road and the rehabilitation of Nesbitt Drive from McArdle Road to Gollihar Road. Part 2 consists of the Mansheim Area wastewater improvements. This project is part of the life cycle program to reduce inflow and infiltration and potential manhole failures within the Oso Water Reclamation Plant basin specifically along Mansheim Boulevard. During their meeting on August 17, 2010, the Council requested additional information about the recommended contractor, Reytec Construction Resources Inc. The city's consultant (RVE Inc.) and city staff have researched the viability of Reytec to satisfactorily construct both Part 1 and Part 2 of the Mansheim project and they found no indications that Reytec could not adequately perform the required construction activities. Reytec is a construction company based out of Houston, Texas since 1996 with over 150 employees. Per the financial statement included with their required submittals, the company grossed $36 million in contracts in 2009 and ended the year with a consolidated balance of $20.6 million. According to information provided by Reytec, there are no liens against the company and no outstanding claims for unpaid services or materials related to their projects over the last two (2) years. The resume of the superintendent submitted for the project (per the A -29 submittal) states that he has over 29 years experience in the construction industry, including recent experience with projects of the same type of construction as the Mansheim project. The A- 30 submittal from Reytec outlines the major components of the Mansheim project, the subcontractors to be used — one of which is J. Carroll Weaver, Inc., a local paving contractor — and a project schedule that forecasts the Mansheim project being completed three (3) months earlier than the 18 months allotted in the contract. The A -30 submittal also includes a monthly project cash flow. H: IHOME4Rachelle4G €NIStreeESl6491- Mansheim 8 HelenlConsuuctinn (and 7397)Iggenda Memo,doc —329— FUNDING: Funding is available from the Streets CIP (Bond 2008) and Storm Water, Water and Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean@cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Agenda Background Information Prior Project Actions Bid Tabulation Project Budget Location Maps (2) Powerpoint Presentation RIHDME4RachellelGEMSIreets16491- Mansheim & HelenSConstruction (and 7397)1Agenda Memo.doo -330- AGENDA BACKGROUND INFORMATION SUBJECT: Mansheim & Helen -- Gabriel to Kostoryz & Sunnybrook to Gollihar (BOND 2008) Project No. 6491 / CIP No. ST 35 Mansheim Area Improvements (CIP FY 2010) Project No. 73971 CIP No. WW 29 PROJECT DESCRIPTION: This project consists of two projects that were combined in the bid process as follows: D PART 1: MANSHEIM & HELEN - GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR (BOND 2008) (Project No. 6491): Consists of the rehabilitation of Mansheim Boulevard from Gabriel Street to Kostoryz Road including the removal and replacement of approximately 3,000 linear feet of 38' wide street and all existing storm sewer, wastewater and water infrastructure. It also consists of the rehabilitation of Nesbitt Drive from McArdle Road to Gollihar Road including the removal and replacement of approximately 2,600 linear feet of 28' wide street and all existing storm sewer, wastewater and water infrastructure. D PART 2: MANSHEIM AREA IMPROVEMENTS (Project No. 7397): Consists of the rehabilitation of approximately 14,850 linear feet of existing vitrified clay pipe (VCP) wastewater main by pipe bursting; installing approximately 1,200 linear feet of new gravity wastewater main; and rehabilitation and installation of manholes and replacement/extension of existing wastewater services. BID INFORMATION: On July 14, 2010, the City received proposals from three bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $6,890,519.50 to $7,389,880.90. The estimated cost of construction is $8,556,759.75. Reytec Construction Resources Inc. of Houston, Texas, was the apparent low bidder at the bid opening on July 14, 2010 with a bid of $6,889,419.50. After review of all the bids, one error was discovered in the Reytec bid, which increased the bid amount by $1,100, but it did not affect the low bid status of the contractor. Reytec Construction also properly submitted the information required in the specifications. City staff and RVE Inc. are recommending that the contract be awarded to Reytec Construction Resources Inc. in the amount of $6,890,519.50 for the total base bid for Part 1 and Part 2. CONTRACT TERMS: The project is estimated to require 540 calendar days, with completion anticipated in April 2012. . PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. H: 1HOMElRaehellelGEMl5Veets16491- Mansheim & HelenSConstruction (and 7397)1Agenda Background.doc —331— EXHIBIT "A" Page 1 of 2 The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H: 1HOMElRachelle1GEIVIStreets16491- Mannheim a HetenlConstruotion (and 7397)1Agenda Backgraund,doc —332— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Mansheim & Helen — Gabriel to Kostoryz & Sunnybrook to Gollihar (BOND 2008) Project No. 6491 / CIP No. ST 35 Mansheim Area Improvements (CIP FY 2010) Project No. 73971 CIP No, WW 29 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2, November 18, 2008 - 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. (Resolution No. 027950) 3. March 24, 2009 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc, of Corpus Christi, Texas in the amount of $653,945 for Mansheim and Helen from Gabriel to Kostoryz, Sunnybrook to Gollihar, and Johnston Drive from McArdle to Sunnybrook for design, bid, and construction phase services. (BOND 2008). (Motion No. 2009 -069) 4. June 23, 2009 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $534,830 for 2009 CIP Mansheim Area Wastewater Improvements for preliminary design, design, bid, and construction phase services, and additional services. (Motion No. 2009 -179) 5. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. May 1, 2009 — Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $14,500 for Mansheim & Helen — Gabriel to Kostoryz & Sunnybrook to Gollihar. H3HOMElRachelle1GENlStreets \6441- Mansheim & HelenlConstruction (and 7397)1Pricr Project Actions.doc —333— EXHIBIT "B" Pate 1 of 2 EXHIBIT `°B 1 Page2of2 5. January 11, 2010 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $48,500 fora total restated fee of $702,445 for Mansheim & Helen — Sunnybrook to Gollihar to remove the rehabilitation of Johnston Drive (Sunnybrook Road to McArdle Road) from the project scope of services and add the rehabilitation of Nesbitt Drive (Gollihar Road to McArdle Road) to the project scope, as well as add drainage improvements and street overlay improvements to Helen Street (Gollihar Road to Sunnybrook Road). 6. April 27, 2010 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Govind Development, LLC in the amount of $48,750 for the Mansheim Area Wastewater Improvements project. H:IHOME\RacheitelGENStreets 16491 - Mansheim 8 Heten&Construction (end 7397)1Prlor Project Actions.doc —334— 0 ra N r p 1,N W ~ W W of E CO 0 re m 0 a - 0 O z C1 O , H (7 [e ID uE F- z ta a 83 u u. to fu O to W aO1 ti 0. O R 0 0 2 m Ili 3 a In 0 w E'. m2 00 -0 2 I-1- R 0 = U a 0 0 f0 : .I 0x fa 0 ai O1 r 0 I— J k N C m a U m 0 0 0 FR 0 O ab =z3 m • �zzz f] ffi Z o fa 0 gxa O W m 0 F U o F J w F U 0a 0- DESCRIPTION wou bli 44 01.A.A 0 _ J O N z� Z mO 0 CO FM W z S Z Ci aN ad 2N =0 rn� Z N gY r J W Oi IZ a0 N 0. 8 0. 0 lV 0) 8 E 0 N .0 0 0 '0 0 CO m CI 0 6 Traffic Control, complete and in place per Lump Sum. Exploratory Excavation, complete and in place per Lump Sum 1�6 To. c c t0 0 0. 8 0 0 m 0 0 1 SUBTOTAL PART A (ITEMS Al - A5) OUIIO! ti N MI UM' O jgg o � T is a9 N 111' $ 209,587.50 g 0 f0 a C c R m a 8 U O 0 5 to } vas to- co 0 0 LL d as 8. 0) m o. c c f0 N 0) 8 a E 0 a O fo 0) es ti N a 2 o. a N c W} o 2 co 4N 0 v8 C r G c 0 N N +0) fu Fo 'O8 " (ryw $ 182,250.00 a 0 69 8. x c_ 0. fit � 0.5 N fl2 �j m fl. fU E .a 8 E 01 h 71- 0 N O z Ca Ei a �} N 5 co co -335- 0 0 0 2 m 0 0 u a as r; fu a 8 a r as d a 'C .O :0 0 O N to m C R c ca R EXHIBIT "C" Pane 1 of 12 0" N < a ?11111 N W W fn F n mw pm O O -0. ca 0 co o • CC a K J :a 1 c, N� L Q N O e O c° h ° 1- • n m C N • E 01'10 C ▪ m 0 ° }0 a � 0 CO 0 L Q m u • ;u o • 60 0 • 0.�� u x Cj o (A f' 0 N 1 0 C. n r • N T J 0 i 0 ad ▪ 0�z� 2z▪ i gai CO Ill = 8 a a ' c ▪ ir a. M 0� 20• U ▪ 0 W 2 2 2 ▪ b3 G 0 • ray IUir =u o Ili -W azd0 ca 2 z W OT I- a O O CO - CD 69 0 O a 0 N '4 4 O 0 CD z E 7 d I0 0 N; N N a Q W O T I- p- cc C9 a O CV O O 0 (O ICY O 0 H W o I0 O O O O O O 0 0 N J• w O ♦X �a (0 (D O (D 0 ✓ O 0 N O O 0 O m N 03 (D 0 0 O r 0 0 (O In 1- W DESCRIPTION r z a W 1- 0 0 M ICJ 0 O ICY O 0 O O 0 N tiL 0 c c CO O. 0 N F 0 0 0 0, F" m C C ca a 0 • lE A 0 E ct 8 LL J 0 ...E m m LL J W 0 O. U D. c N 0. U a 2 a 1ui tau LiJ LIJ 0. mplete and in 6 CU O . E 0 0 rA N } 0) 0, 8 c a EJ. m 0 m 0. 0 U LL 0 LL (Y O M ✓ CG m m O m to --336- 0Y 40 69 69 69 1- M 69 69 O O N 6, O 0 cro O 614 69 O C9 0 69 69 O c aco 64 0 a h (0 69 I0 N O fie 0 69 0 CV 69 c a m m W 0. E m m U c 0 o "a tL 0 o 0Y O C0 ADA IMPROVEMENTS 0 IV 0. c O m a 8 LL v a W a U m 0. 0 to m a 8 E O a' 0. LJ LL CO m N DRAINAGE IMPROVEMENTS CO 69 CO O O o� a 0 O 0 h 0 N c a h b 0 0 '0 0 0 CV a 0 0 O O N N 69 0 CA C'Y CO O O 0) 0 0 O IV 64 0 O O 1• 0 69 0 C m CV 0 0 tL N I✓ 0. 8 C W 0) m o. E a 0 0 0 0. C J C m 0 N lace per Linear Foo c (9 ID m E E. ll! 8 0 E 8 m Cn U. a 0. J 6 CO h rn cvY Vr N '4, N m N EXHIBIT "C" _ Page 2 of 12 a. co v A m0 o _ z V O , I- 0 J 3NN • l.V a1 z z P w w rA o W 2 we • T1 1a O o 1_ as ui 3 a yd iE 'O am AS O. 0 w } J ma 00 O 5° u- m w 1- a 0) m 0 a C1. SOr co 0 o) 1- C F O .A C m m U U d 0 o 0 J Y3 rt 4. (C) 00 CO O O 0 0 0 44 O 0 0 h v O� w E O 07 O 0 0 O M CO 0 rn O O 1¢ ro w oOa 0 c 0 w 1) 0 0 O 0 O 4} M 0 0 00 Iw 0 0 O (•▪ F 0 vi w 0 DESCRIPTION place per Verli (6 m m 0. E a Ct 8. 8 c 0 a 8 0 15 C (0 a ((5 w w W O . C 0) E 8 c .Q 0 nch Safety, complete h 7 6 2 w n CO 44 4R 0 0 P 0) 4F) 0 0 0 O O O 7 O O 69 0) N O 0 O (O ri 0 O n 1!i N a 0 In m 0 0 0 co co 4.4 141 0) N a 0 0 4., 0) N O 0 M N O N N 0 ((0 0 O 01 0 O O O a O 0 0 ✓ 0 O CO (A 0 O 0 O N M O O 0 Irk 0 O 0 0 O (.1 4A 0 0 0 N O 0 0 co 0 (0 C> 0 0 CV 1(j Q 0 0 0 0 O 0 0 0 0 N 0 0 C+) O 0 03 c z a 0 C6 c .1 0. c N E 5) 0 c rant, complete a m C G • o l0 U 0 0 O0] N U c (0 a 0 ipe Trench Safety, complete and in place per Linear 0) N H O ro .815 c W G n ▪ e 'o W " y C n 88 N o. E E 0 J2 0 0) (!1 (` d J c 16 L CS v 0 0 ro L11 0. C c E U m To v w 8 C d 0. 0) x r6 8. C c co d d E H 2 0 O x LL LL 6 LL Y- 0 40 0) 0) N VI CO C� v vo m M r• ) CO 0 CO m -337- EXHIBIT "C" Page 3 of 12 Na ILI r 2 � W U.1 W L] ❑ ia Haas - Anderson Construction, Ltd. 1420 Holy Road Corpus Christi, TX 78417 -2008 F a 0 o N N Q? �' 64 o O Q +�^' fA a o 1- O CO cam.[ 64 0 0 CO N Q v 69 o to G 1() tD °O 69 a o I� r` 69 o 0 N co CA ; 69 o co v r ui 69 a 0 a N N. 69 o Cr O (D 0 C7 69 0 0 O N u) 69 0 41 co C (� to 69 o (y T (o ai 69 a o O 0 a0 IN 69, o 0 O 0 O (O 14 a o 47 N (D O 69 a O O O O T 69 M W (J = a LL O O) (N'J 69 0 0 O W V3 M N T S 0 N (0 1R O 0 O r 4P O (7 r 69 O O O 6 O T r 69 69 O co 0 O O O T 0 r T 69 64 0 O In 1() r? T 69 co 0 to @ P) 117 O Vf 69. 0 O a 0 e0 N 59 0 O O (0 (0 C 69 O 0 10 N N T 69 O O O O d' T 69 in —�1! jI m 01 i I 9 F 9 1 i i 1 1 I 'RCN 0 1 0 I 0 1 0 I 0 1 O I .17 I O O o cs c4 0 O • m 00 v e e° B A O = X o O �+ (a 2 = as m 0 • O a 3 0 m I E O pppp m f a z z F q z w;O wCm_0 3S0as O4W la a cc 0. 41 aC bC a' gr,a as ND" ,T, E".7 Y z o a w ( m u2 st Ore Fa 0 h N O M rW z� Qtu oU. 1- P H � ❑ LY P. DESCRIPTION 0 0 69 O O a crs 69 1() CO N 69 CO N O O O 4) V3 O ✓ 0 O a0 0 0 O 0 ✓ 0 O 0 O M 0 69 0 0 0 O m 6Y 0 a 0 1n 0 1() O 0 0 0) 0) a v 0 r O 69 c x m LL! C a m 4) a E m co co m (6 Lu a ai (0 0. l0 a) i0 CO 1- Z ❑ LL[ 0 C'! 2 F v m co 4- w w 0 re a LY a (0 0 O 4- ti 0 0 a 69 0 of 0 N 69 O N 0 01 O a (0 0 O O CI (0 0 0 0 O 69 0 a 1'- 0 a O 0 0 0 C) CO 0 0 0 O O O O 11) 0 G O tF 64 (4 a, m o. 8 0 c Is, complete an 0 J a) m 1 D- J J J m L! 0 8 8 m b v 0. 0 U ai M1S a C y 0 O as 0 m w 0 LZ- m c. oeS a) 0 o a = c l9 4.. y• am• • N O as 8 O 0 'O E Iraq 6 r Line, complete and in L1 J 0 C 0. 0. c a J (7 a) C aw as « D1 a g cl N 0 • a) C5 ▪ it x8 u! Ri o a) N E to- mplete and in place per Ea G) a) ca N O LL a m 0. (4 41 m 0. E o. a) 0 (4 0 •0 c m w a) a e Ring & Cover, co 0 m O. 0 Q CO N 10 (D 1n CO a0 m —338— 0 0 E to ym E 0 01 a) L 7 m Oa5 Ci N a to 3 at °1: ;a 0 r U 3 0 l=4 E m a) F- EXHIBIT "C" P0na d of 1 7 Bid: $ 8,566,7 GO T w N a aW Ili ii5 I" W W F W Cr) OC7 fl = m W 0 CO D. CZ CO) • V M • O 0 z U o p ▪ W 1-z z • 8 w 2 LL O W bl F r a m x a • e A 0p re w O m F z a°Y z w `� og; 2 O Gaci omapf3 oI, E R ,.d NO ui W (5 U1 -s m �c a0V0. 0 re as y. 2rc em 4) Nil y d Y am a w Z m 0 g w W J ca g/- a2 0O = W OS wP A x a W o - o z a <0 Ore H O. N w 0 z 0. o. aw O re m 2 0. W a W 6s 0 0) 01 O O a a 0 N '3 O 69 c ccs a; 6) 0. m c EA ;Manhole T O N us O a O 0 O a N N 0. J m` 0 0 c 111 m E n 5 CO mplete and in O a c 5, r a so C) m a N V3 01 m O 0 N 4', N 0 N 0 co Q 1 fO 10 N CO 6) O O 61 69 0 c r a x! a 0 in 0 CO a 0 N to O a •r r a M 0 CO CO N $ 104250.00 0 0 co 0 tf) 0 0 ✓ M 01 P co m 0 O IQ �r N 1• 00, ✓ a 0 0 0 0 ti Q as U c. m w 0 E U O in place per Lin E C7 m STREET IMPR co 00 0) O u) O ace per Square c air 0. E Remove Drivew a r co m O • lG n d c ca caw 2 m c E O 8 E ▪ 5 J 0▪ r r N • d roZ E 02 Q U O CO • CL H b Ti } N a 10 0) r Square Yard. m c c m E 8 0 N 8 m 0 0 W lC 0)) Driveway, complete and in p 0 U E 0 O ❑ N G1 E CC O ❑ 67 y LL orn c C J • w` 2 a C a La E a Q1 = E • 8 co O 0) co rn J L 0) 1 LL J LL CO U N U U U 0 <o 0 0 U rn C] 0 U U N -339- EXHIBIT "C)) Page 5 of 12 !ADA IMPROVEMENTS Base Bid: $ 8,556,759.75 o o: co r. J 0 �C c q Fr�-- ;c1xN V0 a m cis u oo ▪ m O 7 0. 0 0 m V o O 0 0 O ▪ N - 4. ac c g Is 0 V O o 2 o 0 5) • WO 0 7 D 2 < O d t as J w 0 I0. - W z2 a 0. J F V o W Z 0: 0. DESCRIPTION 69 69 0 0 (0 69 O O 69 O 0 CO V3 0 69 a Q N 69 I0 t7 C! 69 a N P7 69 a eri 69 0 a O (D 69 0 u) n[ (9 u• Ori0 0 12,000.00 II $ °v d 69 0 0 O O r 69 h 24,390.00 11 $ 69 a O 0)) 16,260.00 II $ f9 O a vsi 0 0 ,0 '00 69 (9 0 0 0 0 N G) N r 69 oo 0o O 0 N h f9 69 • O N N 0 Iri (9 °a o 10 d9 '9 N TG U ▪ R co m • D. aa10 a a d 0 [Y s N ▪ n. • E ▪ U M z 6 EA I Inlet Protection, complete and in place per Each. LF ISilt Fence, complete and in place per Linear Foot. EA 1 Wood Tree Protection, complete and in place per Each. l0 co V} a m (0 0. C 'O 0) 5) 0 a 8 0 O 0 0)) re 0 69 69 0 0 N N 69 69 I C = (0 c a) as G1 d E. a 5 M. o 8 U 8 C d C • 0 0 O .d N N 6 x Ili 8ti 8 m ▪ 0 0 R: b d' = •0 C V J (0 5 ) 5 , us us FL 8 d(• 00 N a fY o.,re 5 O N W 0 10- O O h co 0 a 0 0 (D 0 0 ea 0 O O V -340- le) C7/ a co o '9 (i CO CD 69 F9 u3 • r (9 co (+7 0 N 69 0 0 r C6 CD 49 0 N (9 O O 63 .5. N v3 N O f9 4' Sidewalk, complete and in place per Square Foot. w SF !Sidewalk Ramp, complete and in place per Square Foot. 0 ✓ 1e7 (D h N 0 N 0 1') N 0 DRAINAGE IMPROVEMENTS 88.00 I $ 114,400.00 13,000.00 II $ ni 0 ■o M F) 69 1 0 0 c CO LC) N 0 0 CO 0 0 O O 0 V' E9 4,000.00 II $ 69 O O O 69 b O 69 0' N 69 O ao LO 69 a 0 la IV 6 69 oa O 00_ M co O 0 a O uy r (9 69 a o m F9 a 0 0) 0 0 O 64 0 O 69 0 0 C O 69 m J a rcL.r, complete ano in (D 0 x 0 0 fY li w (0 d 0 0. 8 aca 8 0 0 .d. d 0. E D re m 0 O u.. w J Remove Existing Curb Inlet, complete and in place per Each. 0 co 0 0 0 O (9 (9 8 t0 W M. c a • 8 O (p ▪ a m 0 0. E 10 0 2 EE J 8 d a1 re • L a 2 us 'S o) C 15 O a u. m o (0 5 . 0 • Q' 0 0 O W O (D N N N 0 N 0 N 0 CO 0 0 0 m m 0 O 5 8 rn S--- _d GS co co a:. Ct 0 a 2 s s N 2 d ca m EXHIBIT `(C" Page 6 of 12 J ZV _o , W0 �z 0 Z W E u 0 F e W C °1 a, Q 'AA a 's W a= 0 •i O Ili a ro a ,. Aa Qm S 0 C D. CO N Q 1- W N W W Q W � 0 W 0 J ctia 00 WO V Q o n0 W co 2 1-M op = p 0 o u N r. 9p a 0 O CO is 0 re Fff3 J Q v 0 F= O O 0 sr. ri O o u� rn 0 1D 64 O O C m Q 1� FA O O 0 a 10 N V} O O 0 o m r 14 0 O 0 °0 v0 64 $ 23,000.00 $ 46,000.00 O o 6 0 N lA O o 0 E4 O O 0 CO CO o 44 O O 0 �v 64 O o 0 0 69 o O 0 N °� 69 o -I 0 e i ,� C M a 4 en N C1 A = O C7 H W ? D. O O 64 O 10 N O 10 64 IDD ,- 14 O f`1 64 0 0 a 64 $ 23,000.00 $ 23,000.00 $ 4,365.00 0 14 o 10 0 64 $ 1,845.001 0 6s 00 iIDD !f! Q a w n a Cf w C J K N R m 4m 0 d ice O o o 0 N FFS O 0 .r; o0 b4 0 0 ai o ]O[7 64 0 0 0 10 ,- 69 0 0 0 rn '[3 64 0 0 a 0 0 c7 vi 0 0 o 0 o 64 O 0 0 0 a CD tFi o 0 a 0 ID r s4 O 0 0 0 0 r ff3 0 0 0 0 ]n Kj 64 O 0 0 o ao C07 64 0O'000'L $ 00'004'Z $ 'E GO 0 Q `0 2+ c m C0 - W za O o- 0 o N tR 0 0 N f9 0 o N v 64 0 0 14 0 0 r 64 0 0 0 0 m 64 0 0 co 0 r 64 O 0 O 0 °' 64 a 0 O rro 64 $ 1,500.00 $ 350.00 0 0 O 1 �i 64 $ 150.00 $ 3,500.00 M 4 d �} •C1 w C ` �f C�, N 0 = v , 0= O cI u,= C: C' r r _ Q W r Ci Q 0 0 sD 00 N 64 0 0 N Lai 1.- 110 64 0 0 7 r V [00 64 0 0 O 0 u7 co 64 0 0 10 01 01 4A 0 0 O 0 iri a 69 0 o O 0 m r to 0 0 0 0 c0 01 EH 0 0 O N o r 64 0 0 0 O 0) 6 k 0 O G V! 0 0 0 O O .p 64 0 0 CD r d9 0 0 O m V 6%i 1-.. W d O o d 615 0 q In 64 0 O 0107 64 0 O 6 64 O o r d4 0 o 6 N . 14 $ 18,000.00 $ 14,000.00 0 O O 14 O 0 O fR O O r b4 O o 6 N 64 o 0 r 69 0 0 0 7 64 $ 1.00 $ 5.00 PROJECT 1 MANSHEIM & HELEN (BOND 2008) L TO KOSTORYZ a SUNNYBROOK TO GOLLIHAR CITY PROJECT NO. 8491 PROJECT 2 MANSHEIM AREA IMPROVEMENTS CITY PROJECT NO. 7397 DESCRIPTION 18" Class III RCP, complete and in place per Linear Foot 6' X 6' RC Box Culvert, complete and in place per Linear Foot. 7' x 7' RC Box Culvert, complete and in place per Linear Foot. Select Backfill Material, complete and in place per Cubic Yard. Pipe Trench Safety, complete and in place per Linear Foot. Cast -in -Place 10' x 10' Junction Box/Manhole (Gollihar Road @ Nesbitt Drive), complete and in place per Lump Sum. 8' x 8' Junction Box/Manhole, complete and in place per Each. 7' x 7' Junction Box/Manhole, complete and in place per Each. Storm Manhole over Box Culvert, complete and in place per Each. Adjust Manhole Ring & Cover, complete and in place per Each. Manhole Trench Safety, complete and in place per Each. 5' Curb inlet, complete and in place per Each. Curb Inlet Trench Safety, complete and in place per Each. Remove and Replace Post Inlet, complete and in place per Each. cr 1.1.1 ED 6 6 0 III r 0 0 0 N u7 0 el Os 0 U U U tn. g 1113 -341- EXHIBIT "C" Page 7 of 12 o al N g NQ "1 x �W F l•• N az = m W 0 to 0) 0 ❑ Ca m 0 LL 0 Z 0 , rO 3 E2 F z w Z LL y O 0, E :L C QW 0 0. w L ❑ V Q�i W d Qm 0 am 0 w W m °- W0 8 LO 7 W wF C O O N 7 I` re 0 Z o cc X S 0 N L C T a R a 0 0 T 0 m Ea • 1- c 0 m H m .E x m m r e ca 0 (j a m 00 O 0 o c 0 Q 3 — N o L 0 4 1 0 re r 0 S W a eL CO rn CO 0 O 0 O O (0 O ` z Z 0 b O 0 0 0, 0 47 N 0, O 0, v 0 O CO 0 to 0 O ¢w G0. I— 0. O r F W D. W O. N O• F W 0 D. D. DESCRIPTION 0 0 O 0 N 0 0 0 0 0 0 v 0 c 0 0 0 0 0 0 64 a 0 0, O M N rfl O O O CO 0 0 0 0) 0 6 CO CO 64 0 1- b9 c O N O O O CO O O O m N v O O O m CD r 0 a 0, O 0 O O 0 CO O 0 0 0) 0 C N 0 0 0 N O 0 r) 0 0 v c m N E 2 LL 0, E N 7 28 v m c c 0 wa ma) 0 a 0 8 a 0 _ O N m 0 c is a in place per Linear a d a. nch Safety, co complete and in a z m 0. E m z E i ll.f 0 a C as °)o c 2 Z .a W o" (33 0. 8 2 m a • C_ a a) O 10 8 N 0 8l 0 02 a) y 0 m > m N N 0 Zaw 0, 0) 0. ete and in plac E 0 0 cti N c 0 m EL 8 N 0 Cle 0 C c 1) N 0 c • X �w .0 m w 0. 8 0 C m N 0. E 0 0 0 GO ea 8" Gate VaIv CD O O O M ors en 0 0 0 0) O c0 O O 10 Vi O 0 0 1'7 N fH O O O 0) O co O 0 v 0) F z a c�7 0, 0 0, w w uw N r 10 0 0 0 0, I0 0 41 10 0 —342— z W ui 01 i re 0. 2 W a ui ui 0.I 0. rEti c a c m r a) 8 0) Z c 0 0 E a ce CO 0 Q) 0 Yr" as W al m Q co 8 4) m 0 a m c 010 m cP3 N N WE y8 0.0 w -J 6 0 N N 10 0) 0 0) 0 1 m a = U 0 W 5.: —I ma n0 t1J 0 F =0 uJ CO NH Q W 0 = F 0. 0 0 t- o) CO 0 O N 0 0 a n 0 14) 0 0 4- '7 P7 0 a F V m O CO CO a 0 0 co 47 0 O c. 19 Fuj U 1 0 0. � d 1b 0 co N O O O O F IL 47 v O O 0 O 0 v O 0 m 49 49 O '4) N f0 co Lri 0 N O O O O O 4J N « W d CO O N F W z= a N ti 0 0 0 0 4, m m 0 0 49 0 0 ti O 0 49 0 0 O 0 0 6▪ 9 O c 0 °O 4; 4, N 0 M 19 O 0 0 4] DESCRIPTION in place per Lin cO d d1 8 W d F m O . a G c m o. 0 u 4, b. co , complete and in O IC co 0. p8 0. c w m 0 8 $_ 0 U ea Q C m f0 2 M place per Ea 16 4) a E lC Manhole Tren eke and in place per Lump Su 8 N 4) } c m W a7 Q a c 8 0 P 7 CO Tr, co W U Q c C CO � a F z LL J J !LI 6 J J 0 0 0 N 2 W f 0 0 U 0 CO U a▪ J U n c0 U co m U W N 0 m N W z U C 0 m N -343- $ 5,904,404.90 $ 5,400,620.55 $ 5,167,159.50 TOTAL BASE BID PROJECT 1 (PARTS A thru C - Items Al thru C6 0 0 O O co- w 49 $ 1,923,858.95 $ 3,392,545.95 $ 5,904,404.90 2,077,314.65 2,691,805.90 O O 0 O N V1 a N C73. T N w N 0 p 01 0) N ea SUBTOTAL PART A (Items Al thru A5 - GENERAL: SUBTOTAL PART B (Items B1 thru B63 - MANSHEIM BOULEVARD: SUBTOTAL PART C (kerns C1 thru C68) - NESBITT DRIVE: 4) O N Aiw 10 T a yr to 2 5 L BASE BID PROJECT 1 (PARTS A thru C - Ite F EXHIBIT "C" I Pace 9 of 12 0 D a T CO CL TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Pete Anaya, P.E., Director of Engineering Services BID DATE: July 14, 2010 TIME OF COMPLETION: Base Bid: 540 Calendar Days ENGINEER'S ESTIMATE: Base Bid: $ 8,556,759.75 PROJECT 1 MANSHEIM & HELEN (BOND 2006) GABRIEL TO KOSTORY2 & SUNNYBROOK TO GOLLIHAR Reytec Construction Berry Contracting L.P. DBA Haas-Anderson Construction, CITY PROJECT NO. 6491 Resources, Inc. Bay LTD Ltd. PROJECT 2 1901 Hollister Street P.O. Box 9908 1420 Holly Road MANSHEIM AREA IMPROVEMENTS Houston, TX 77080 -6803 Corpus Christi, TX 78469 Corpus Christi, TX 78417 -2008 CITY PROJECT NO. 7397 - UNIT TOTAL UNIT TOTAL ITEM I QTY I UNIT DESCRIPTION PRNIT TOTAL RICE _ PRICE PRICE I PRICE I PRICE f PROJECT 2 - MANSHEIM AREA IMPROVEMENTS Al 1 LS General, Bonds and Mobilization, complete and in place per Lump Sum. $ 35,000.00 $ 35,000.00 $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 A2 1 LS Traffic Control, complete and in place per Lump Sum. $ 28,000.00 $ 28,000.00 $ 9,000.00 $ 9,000.00 $ 7,000.00 $ 7,000.00 A3 2000 SY Full -Depth Street Repair (lncl. Hauling Off Street Excavation $ 55.00 $ 110,000.00 $ 80.00 $ 160,000.00 $ 20.00 $ 40,000.00 Materials), complete and in place per Square Yard. Remove/Replace Curb and Gutter (Incl. 6" Type A, Grade 1 A4 80 LF Base Beneath C &G to 1' BOC), complete and in place per $ 60.00 $ 4,800.00 $ 35.00 $ 2,800.00 $ 34.00 $ 2,720.00 Linear Foot. A5 250 SY Remove /Replace 4' Sidewalk, complete and in place per Square Yard. $ 54.00 $ 13,500.00 $ 48.00 $ 12,000.00 $ 4.35 $ 1,087.50 A6 2,600 SY Sod Restoration, complete and in place per Square Yard. $ 8.00 $ 20,800.00 $ 7.50 $ 19,500.00 $ 3.90 $ 10,140.00 A7 500 LF Fence Restoration, complete and in place per Linear Foot. $ 15.00 $ 7,500.00 $ 22.00 $ 11,000.00 $ 22.00 $ 11,000.00 SUBTOTAL PART A - GENERAL & MISCELLANEOUS: (ITEMS Al - A7) $ 219,600.00 - $ 229,300.00 $ 83,947.50 e a a t°II r - r iPaninn . f_r r . r,r1ARAIF QeF ........a na..- o_r_� 11 " b° I rc x 0 w yo m iO U W z W CO W a. = N s�v g re ZC U go a z 0 W N —344— 69. 0 O 1+1 69. '9 O O O 69 a O 0 r) 69 G co 69 c u3 0 C4 ID '9 69 33.00 1 $ 276,408.00 69 0 0 I0 '9 69. 0 0 N 0 C) (0 69 0 0 0 1 f: 69 0 N N V- 69 0 N 69. a a O 0 nl 69 0 O 0 N 69 0 0 6.9 O O 0 O N 64 0 0 0 69 oa O 42,000.00 11 $ 69. a O O N u9 0 O a '9 N ER 0 O C 0 69 O O C O O t�9 °o co N P1 '9 O O M $ 351,792.00 II $ O O O tl' 69 O O N °o 0 O 69 0 CO 42.00 1 $ 147,000.00 II $ 69 0 0 N N 27,930.00 II $ as M m N 87,702.00 II $ 69. 0) 0. (9 0. m 0) n E 8 0 (y LL J 0 0 7 Cf a °W a) U) D. E 8 ip 0 uJ 0 c0 s a > g c(a 72' of m • n 0. a8 a c • 0 a� a (u W a ❑ co 8 O LL > J r, a a . c y c m E. :a m ? (ll .0 m a E ix 8 LL J co a) (O N Y7 C0 (CD [n CO (1 m m N m co m EXHIBIT "C" Page 10 of 12 m ax' J O 0 0 a8r, Ou `=zz law 2 11J ea ce 0 a. o 2 O U 2 O cow co a F v 0. F a $ 199.598.00 0 0) O 0 0 to ui 0 co O 0 0 CO 0) 69 N 0 0 0 CO F Z 2 � a D- p. 0. u? Cc) 0 Z Fv 0 sr 0 0 0 us O 0 CO O 0) tD 0 0 0 0 v 69 0 )C; CO )C) O 0 0 0 0 0 0 0 0 0 0 m Q) O M (D to h O 0 0 ui N 0 0 O O O O L0 0 O 0 N 0 0 O 0 tF 0 0 0 O to 0 0 • 0 0 m (o 69 0 0 0 m 0 0 (1J N 0 0 +n DESCRIPTION z 1- w 0. 0. h LO 0 J 0 In C T. a 6 0) 0 o 0 co 0) 0 0) N E E LA] 8 a$ cto NT L° c c CD M oO °U a) Eod od V 0 0 C 5' r .§ c _m • D •i4 • C M t7 C (07 E) Z o a N p cr, • t0 G n (CO to d M C 0) 6 C W D C Ce CO CC O to 0 0 h as LL[ 8 C w m a (0 A 0 O. a c C t0 0) v 0. 0 U O CO O -345- U R a. c c 0) n E 0 to 0) .0 0 0 6 co m O U N 0 o ty Ni a Q u) to 0 0 N 69 d 2 O 0 0 u') tg C R 0) a) 0. u 0 PIPE BURSTING 0 0 ti O O 0 0 O 0 0 CO 0 O O 0 u, N 0 0 0 to co 6 EXHIBIT "C" Page 11 of 12 Base Bid: $ 8,556,759.75 a o rM ~ � W F 17^' racr 2 co zD C7 �W c.) co iL re coo • V U. LJ. 0 O � z , Z n CO LU H[iJ Z O d z ti 111 u. y o H E r,, • L • '41 in ato ° W O � a V a� aco m am 0 }a- m� a0 .O m'3J • P o a N u ti 3 a z • CF CO o E3-`• o z:i 'O N 'C a CO R a 0 x 0 J w cC Dre F Q- F 0 0 0 0 NF m • a! O a a ti 00 m l- u -I Wa O C m C 0 v a 1 0 m 0 J • uJ oa F � a 0 o °O 2 e ib C o a=x O p F t7 N x C >. o ▪ 0 x a�' O r4 F d 1= U_ a a N co 0 69 re 3 0 o0 = O zi LLIz 1- O T ▪ ca 3 s a o 10 Ix 0 1133 m DESCRIPTION F z w 1- $ 1,485,476.00 $ 1,797,975.20 $1,723,360.00 TOTAL BASE BID PROJECT 2 (PARTS A thru C - Items Al thru C5) PROJECT 2: MANSI4EIM AREA IMPROVEMENTS o o 0 co cn a n cd 0 1 h 1n q o 4) C c0 c0 V' N 69 EA V3 1,1 $ 1,485,476.00 1, 63 64 63 $ 1,797,975.2 $ 219,600.00 $1,225,710.00 0 a 0 �0 m o O M c0 CO N Ft 63 W SUBTOTAL PART A (Items Al thru A7 - GENERAL & MISCELLANEOUS: SUBTOTAL PART B (Items B1 thru B18 - WASTEWATER IMPROVEMENTS: SUBTOTAL PART C (items Cl thru C5) - WASTEWATER IMPROVEMENTS: TOTAL BASE BID PROJECT 2 (PARTS A thru C - Items Al- thru C5) —346— TOTAL BASE BID SUMMARY $ 5,904,404.90 o 0 0 m co an v_ R. In cb oo Q M r- te. 49 u, O 0 a u) co as 1,797,975.20 $ 5,167,159.50 $1,723,360.00 $ 6,890,519.50 BASE BID PROJECT 1 (PARTS A thru C - Items Al thru C6 BASE BID PROJECT 2 (PARTS A thru C - Items Al thru C5) JECT 1 AND PROJECT 2) TOTAL BASE BID (PR c 0 E m O E rn co 9. o r CO a 4 5 2 4u TES cu EXHIBIT "C" Page 12of12 _ PROJECT BUDGET MANSHEIM & HELEN - GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR (BOND 2008) Project No. 6491 MANSHEIM AREA IMPROVEMENTS (CIP FY 2010) Project No. 7397 August 31, 2010 FUNDS AVAILABLE: Streets CIP (Bond 2008) Storm Water CIP Wastewater CI P Water CIP Gas CIP Wastewater CIP $3,245,000.00 $4,295,000.00 $1,070,000.00 $1,371,000.00 $280, 000.00 $2,753,900.00 TOTAL $13,014,900.00 FUNDS REQUIRED: Construction (Reytec Construction Resources Inc.) $6,890,519.50 Contingencies $689,052.00 Consultant Fees: Consultant (RVE Inc. - Mansheim & Helen) Consultant (RVE Inc. - Mansheim WW Improvements) Consultant (Govind Development, LLC) Geotechnical Testing (Rock Engineering) Materials Testing (Rock Engineering) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Observation Services Finance Issuance Misc. (Printing, Advertising, etc.) $404,045.00 $298,520.00 $48,750.00 $14,500.00 $137,810.00 $155,037.00 $241,168.00 $486,210.00 $86,131.00 $34,453.00 TOTAL $9,486,195.50 FUNDS REMAINING $3,528,704.50 The remaining funds will be used for Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets (Project No. 6449), the construction of which is an approved part of this project. —347— EXHIBIT "Dr' Page 1 of 1 File : \ Mproject\ councilexhibits \exh6491- 7397,dwg LOCATION MAP NOT TO SCALE 4'o sr PROJECT #6491 VICINITY MAP NOT TO SCALE EXHIBIT "E" Mansheim and Helen - Gabriel to Kostoryz, Sunnybrook to Gollihar and Nesbitt Drive from McArdle to Gollihar BOND ISSUE 2008 -348- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 08 -08 -2010 WNW IMF I■1 File ; \ Mproject\ councilexhibits \exh6491- 7397.dwg LOCATION MAP NOT TO SCALE C/if4/ PROJECT #7397 VICINITY MAP NOT TO SCALE EXHIBIT "E" MANSHEIM AREA WASTEWATER IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 08 -05 -2010 OEM NMI C CO L ea 00 s O '- 0 0 N V O w O w O s2 06 t E c v) w s 0 am ca o e N 0 .. r-1 0 +a V sa), .61) o -a CD CI- 0 (Project No. 6491) mprovements ca i Q E • _ w s 0 c ca 2 aI m .. N 4-i 0 V z +j w ' � ,,u 0 •, s O C ,O ■ c a) cu L 0_ �V c 0 U Q o V V V C C CU CU 0 o E J rY3 2 2 2 I1 0 V V au 0 a. 0 f6 0 CU w Z -0 t CU }+ fa t.7 VI 0 VI f0 O 9 tO .� CD t .c t 0 QJ 0 E O .E ■ oc E O N w CD V w O L a 6 i f6 N 0 E 2 © kr) Ln b.0 pp C c 0 - 0 V .© .1• w V w CU C c 0 O 0 = Q1 c O V 00 a) 5. cc 0 VI f6 3 m fa X © c 2 0 a) s 1— nc. of Houston has 0 Ln i > 0 N (B ▪ c CU co V i lD = al O 01 CC V = = O s • cn V N i = = O ID U V .= CU C > a) CD CD CC employees. cp al 0 O = N O -0 N = . C -(1)- ca O = V co L V Q a-) c co = E O co 0 cn _c C CU 70 s_ • — -0 C CU a--1 Q > O CO N O C) is ast two (2) years. . — � V) ._ s- +� E 0 t,0 0" "ci; LD c ca co O N (EA O ii)- o , N O V 2v ) rti 0 b0 C V CO 730a) . O N > _ -I-1 ca cu co CC E H 0 2 0 oc L CD Ln WM L 3 V E E V1 •- L 0 Ri .i V n EL V •i Cc TS 0 Q u 2 L CO 0 0 t 0 13 3 a L Q L cuE 4 V 2 E to .c co c 0 L 0 a 0 c H A•■ rI . a� ▪ Q ,- Q d 0 2 c Ca CU 3 CU ▪ .12 L 0 0 . E 0 L E Cu- 3 CU i 0 4-' CD CD • L a C N Rai 3 4- CT 0 cv E cO cn CU 4-+ N SI OM CU 0 CO 0 Q.) L 0 0 0. i E -7, L c CU 0 c R3 N — .Q CU E 0 t CO +••0 cn v (.0 N O 0 0 0 £1enagad iienuef aaquaaaad aaquaanoN .sago ;ap .aquae ;deg ;sn6nv AInr aunt Ang I!adV gain! £1enagad iienuef aaquaaaad aaquaanoN .sago ;ap ..aquae ;deg ;sn6nv AInr Contract Time 0 a) a asegd P!8 000000 0 000000 0 0 0 0 0 0 0 0 000000 O O O O O O co c Lp Lp O r O M et co ti ti 00 LO N N O M N ti O Co; et N M CO to to to to $6,890,519.50 Construction (Reytec Construction Resources, Inc.) 0 O O O O O 0 O O O O O N 10 O O O O 10 et N LO O O O LO ti LO 00 CO O 01 et M CO et N u- EA EA EA EA EA Contingencies Consultant (RVE Inc. - Mansheim WW Improvements) S= d J 1= rS= - E '�4- Ew-a o u N O 0 -a c N cn o 9 N CO w c N v 2 UC92 $1,002,999.00 $9,486,195.50 $3,528,704.50 O V cw_ a) O L Q m�' t a)� O t ac c -430 a) > E > 0 a) Q > Q o cz 0_ c E 7.) .u2 _c c) L 0 O O a 4_ 4_ c O L V Q a) L O 4- a) •cr N CO a) O Z Ez s N -a O cO rn a) a) O a) C E rn a) a) H H 00 Questions? MANSHEIM BLVD. PROPOSED TYPICAL SECTION 0 Z 0 0 ww J E Q 00 H a m H cf)0 ww Z U) 0 a 0 fY a 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/31/2010 AGENDA ITEM: Approving the assignment of a lease agreement at the Airport with MDC Corpus, LLC, to TCC Davis Holdings, LLC; Authorizing the City Manager, or his designee, to execute the assignment and assumption instrument between all parties; and declaring an emergency ISSUE: MDCC desires to obtain the approval of the City to assign all of MDCC's right, title, and interest in the Lease Agreement, First Amendment, and First Assignment to TCC Davis Holdings, LLC, a Texas corporation REQUIRED COUNCIL ACTION: Approve as presented. PREVIOUS COUNCIL ACTION: MDC assigned all of MDC's right, title, and interest in the Lease Agreement and First Amendment to MDC Corpus, LLC, a Kansas corporation ( "MDCC "), by execution of that certain Assignment and Assumption of Lease and Sublease Agreement ( "First Assignment "), made effective June 1, 2000 CONCLUSION AND RECOMMENDATION: The former DHL Building located on West Glasson Rd has been vacant for approximately 12 months. As the airport continues to implement strategic land development planning of our 50+ acreas of land in our Industrial Business Centre, this new addition of a ground service delivery provider is one of many categories for land development plan at the airport. This development will also entice future cargo development on airport property. Staff recommends approval of assignment. Fred Segundo, A.A.E Director of Aviation freds@cctexas.com -375- 361.289.0171 x1258 ATTACHMENTS Exhibit A — Assignment of Lease Agreement BACKGROUND INFORMATION The City of Corpus Christi executed a lease agreement with MDC, Inc., a Kansas corporation effective December 19, 1999, subsequently amended by that certain First Amendment to Lease, executed March 28, 2000 With the approval of the City, MDC assigned all of MDC's right, title, and interest in the Lease Agreement and First Amendment to MDC Corpus, LLC, dba DHL a Kansas corporation by execution of that certain Assignment and Assumption of Lease and Sublease Agreement, effective June 1, 2000 After approximately eight (8) years in operation, DHL decided to close ground delivery operations nationwide, including Corpus Christi. The building has been vacant for approximately 12 months. The airport continues to implement strategic land development planning of our 50+ acreas of land in our Industrial Business Centre, this new addition of a ground service delivery provider is one of many proposed land use (i.e general aviation, commercial /retail, hotel, defense industrial, air cargo, warehousing, recreational, mixed use) at the airport. ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT, dated as of , 2010 (the "Assignment Agreement "), by and among THE CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation (the "Lessor"), MDC CORPUS, LLC, a limited liability company duly organized and existing under the laws of Kansas and duly authorized and qualified to do business in the State of Texas, as successor -in- interest to MDC (as defined below) ( "MDCC "), as lessee /transferor, and TCC Davis Holdings, LLC, a limited liability company duly organized and existing under the laws of Texas, ( "TCC ") as lessee /transferee; WITNESSETH: WHEREAS, the Lessor (eased certain property (the "Property ") to MDC, Inc., a Kansas corporation ( "MDC "), as lessee, pursuant to a Ground Lease dated as of October 21, 1999, by and between the Lessor and MDC, as amended by that certain First Amendment to Lease Agreement dated March 28, 2000 (collectively referred to herein as the "Ground Lease "); and WHEREAS, MDC assigned all of MDC's right, title and interest as lessee and otherwise under the Ground Lease to MDCC pursuant to that Assignment and Assumption of Lease Agreement and Sublease Agreement dated June 1, 2000, and Lessor consented to such assignment; and WHEREAS, MDCC has entered into an Agreement of Sale dated June 30, 2010 with TCC regarding the Ground Lease (the "Sale Agreement "); and WHEREAS, TCC wishes to acquire all of MDCC's rights and interests in the Ground Lease, including all valid and existing assignments; and WHEREAS, pursuant to Section 7 of the Ground Lease, MDCC's interest in the Ground Lease may not be assigned without the prior written consent of the Lessor City Manager; and WHEREAS, MDCC has requested and seeks to obtain Lessor's consent to the assignment of MDCC's interest in the Ground Lease, including the leasehold interest in the Property, to TCC; and WHEREAS, MDCC wishes to implement the assignment to and assumption by TCC of the Ground Lease; and NOW THEREFORE, THIS ASSIGNMENT AGREEMENT WITNESSETH, in consideration of the premises and other good and valuable consideration, the Lessor, MDCC and TCC do hereby agree as follows: Section 1. MDCC does hereby transfer and set over unto TCC all right, title and interest, as lessee and otherwise, in, to and under the Ground Lease as the same may have been modified, amended or assigned, to have and to hold the same unto TCC, its successors and assigns, from and after the date hereof, for the remainder of the term of the Ground Lease. Section 2. TCC, in consideration of the execution and delivery of this Assignment Agreement does hereby assume, effective upon the date hereof, for the benefit of the Lessor and MDCC, from and after the date hereof, all of the terms, covenants and conditions on the part of MDCC under the Ground Lease, as the same may have been modified, amended, or assigned, to be performed from and after the date hereof. Section 3. TCC agrees to indemnify MDCC and any and all of its owners, directors, employees, representatives and agents (individually and collectively, " MDCC's Indemnitees ") and hold MDCC's Indemnitees harmless from and against any and all claims, liens, damages, demands, actions, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including but not Limited to reasonable attorneys' fees and expenses) asserted against or incurred by MDCC's Indemnitees by reason of or arising out of any failure by TCC to perform or observe any of the obligations, covenants, terms and conditions assumed by TCC hereunder arising on or after the date hereof. MDCC agrees to indemnify TCC and any and all of its owners, members, managers directors, employees, representatives and agents (individually and collectively, " TCC's Indemnitees") and hold TCC's Indemnitees harmless from and against any and all claims, liens, damages, demands, actions, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including but not limited to reasonable attorneys' fees and expenses) asserted against or incurred by TCC by reason of or arising out of any failure by MDCC to perform or observe the obligations, covenants, terms and conditions assumed by MDCC hereunder arising prior to the date hereof. Section 4. By the Lessor City Manager's execution hereof, the Lessor consents to the assignment by MDCC to TCC of all right, title and interest under the Ground Lease, as the same may have been modified, amended, or assigned, including the leasehold interest in the Property, and Lessor consents to the imposition of a leasehold mortgage by TCC for the benefit of Navy Army Federal Credit Union to secure their loan to TCC. Section 5. TCC acknowledges and agrees that except for the specific warranties and representations specifically set forth in the Sale Agreement, MDCC has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property or Ground Lease. TCC further acknowledges and agrees that having been given the opportunity to inspect the Property and Ground Lease, TCC is relying solely on its own investigation of the Property and Ground Lease and not on any information provided or to be provided by MDCC. MDCC is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property or Ground Lease, or the operation thereof, furnished by any real estate broker, agent, employee, servant or other person. TCC further acknowledges and agrees that to the maximum extent permitted by law, the assignment of the Ground Lease as provided for herein is made on an "AS IS" condition and basis with all faults. Section 6. This Assignment Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Texas. Section 7. This Assignment Agreement shall be binding upon and shall inure to the benefit of MDCC, TCC and the Lessor and their respective successors and assigns, Section 8. This Assignment Agreement is effective upon the execution of the last signatory of this document, subject to the consummation and completion of MDCC's transfer of all right, title, and interest under the Sale Agreement to TCC. In the event that the above stated condition does not occur, this assignment and assumption is null and void and of no effect whatsoever. [SIGNATURE PAGES TO FOLLOW] THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is executed in triplicate, as of the date first hereinabove written. MDC Corpus, LLC a Kansas limited liability company By: JSD Holdings, LLC, Managing Member a Kansas limited liability company 1 Bv: ACKNOWLEDGMENT STATE OF KANSAS ) SS. COUNTY OF JOHNSON ) Dean, Managing Member BE IT REMEMBERED that on this /day of •,,1f% before me, the undersigned, a Notary Public in and aforesaid County and State aforesaid, came Jerry S. Dean a Managing Member of JSD Holdings, LLC, a Kansas limited liability company, the Managing Member if MDC Corpus, LLC, who is personally known to be the person who executed the foregoing instrument of writing, and duly acknowledged the execution of the foregoing instrument for and on behalf of MDC Corpus, LLC limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ear la - bove , it -A, 1 ary Public comm. sio — officio M. Robinson Notary Public State of Karns My Commission Expires 6 s THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is executed as of the date first hereinabove written. TCC DAVIS HOLDINGS, LLC By: Name: Title: ACKNOWLEDGMENT STATE OF 'CMG ) COUNTY OF U tC2.S ) BE IT REMEMBERED that on this }glday of i I" , fo e, . e undersigned, a ary ubli in and aforesaid County and State aforesa d, came Jul s , as 6 i3PPt of TCC Davis Holdings, LLC, a limited Iiabiliti company, who is personally known to be the person who executed the foregoing instrument of writing, and duly acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d -y and year last abov- written. dr kIL .' $ ary Public My commission expires: - 5 - -382- KIMBERLY HUGHES N' taty Public, State of Texas My Commission) g.KP reg Men 09, 2011 THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is consented to as of the date first hereinabove written. CITY OF CORPUS CHRISTI, TEXAS By: City Manager Legal form approved on . u- I' , Do ['by 4A -1"i for the City Attorney. STATE OF TEXAS COUNTY OF NUECES ACKNOWLEDGMENT ) , Assistant City This instrument was acknowledged on , by , City Manager of the City of Corpus Christi, . Texas, a municipal corporation, on behalf of said corporation. Notary Public My commission expires: -6- -383— AN ORDINANCE APPROVING THE ASSIGNMENT OF A LEASE AGREEMENT AT THE AIRPORT WITH MDC CORPUS, LLC, TO TCC DAVIS HOLDINGS, LLC; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE ASSIGNMENT AND ASSUMPTION INSTRUMENT BETWEEN ALL PARTIES; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi ( "City ") executed a lease agreement ( "Lease Agreement ") with MDC, Inc., a Kansas corporation ( "MDC "), to be effective December 19, 1999, as subsequently amended by that certain First Amendment to Lease Agreement ( "First Amendment "), executed March 28, 2000; WHEREAS, with the approval of the City, MDC assigned all of MDC's right, title, and interest in the Lease Agreement and First Amendment to MDC Corpus, LLC, a Kansas corporation ( "MDCC "), by execution of that certain Assignment and Assumption of Lease and Sublease Agreement ( "First Assignment "), made effective June 1, 2000; WHEREAS, MDCC desires to obtain the approval of the City to assign all of MDCC's right, title, and interest in the Lease Agreement, First Amendment, and First Assignment to TCC Davis Holdings, LLC, a Texas limited liability company; and WHEREAS, the City's consent to MDCC's proposed assignment and grant of authority to the City Manager is necessary to carry into effect the assignment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter, approves the assignment of the lease agreement ( "Lease Agreement "), including any and all valid and existing amendments to the Lease Agreement ( "First Amendment ") and any and all assignments of the amended Lease Agreement ( "First Assignment "), at the Corpus Christi International Airport with MDC Corpus, LLC, a limited liability company duly organized and existing under the laws of the State of Kansas and duly authorized and qualified to do business in the State of Texas ( "MDCC "), to TCC Davis Holdings, LLC, a limited liability company duly organized and existing under the laws of the State of Texas ( "TCC "). Furthermore, the City Manager, or his designee, is authorized to execute the Assignment and Assumption of Lease Agreement instrument between the City, MDCC, and TCC, an executed copy of which will be placed on file in the City Secretary's Office. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon EHord31 2 revd2 —384— 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED: August 19, 2010 Eliz- • th R. Hundley As - nt City Attorney for the City Attorney EHord312 revd2 —385— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2010 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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord312 revd2 —386— 25 NO ATTACHMENT FOR THIS ITEM