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HomeMy WebLinkAboutAgenda Packet City Council - 02/08/2011GMMGA: 14-111;1 1 =■wr AMMIr %NNW 8:30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, February 8, 2011 at 8:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to receive and discuss an FY 2012 Budget briefing on the following topics: 1) 5 -Year Forecast / Revenue Projections / Budget Facts, 2) Strategic Planning / Budget Prioritization, 3) Public Communication Plan of Budget. 11:45 A.M. - Proclamation declaring February 11 -12, 2011 as "68th Regional Golden Gloves Boxing Tournament' Proclamation declaring the week of February 7 -11, 2011 as "National School Counseling Week" Proclamation declaring the week of February 13 -19, 2011 as "National LULAC Week" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 8, 2011 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 limitado, habra un interprete ingles- espariol 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 Pastor Scott Higginbotham, Lexington Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris N. Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting February 8, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of January 25, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Committee for Persons with Disabilities * Corpus Christi Convention and Visitors Bureau * Leadership Committee for Senior Services * Mayor's Fitness Council * Mechanical/Plumbing Advisory Board * Regional Health Awareness Board 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.) Agenda Regular Council Meeting February 8, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a supply agreement for 2,930 tons of liquid caustic soda with Univar USA, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0078 -11, based on low bid for an estimated six -month expenditure of $587,392.50. The term of the contracts will be for six months with options to extend for up to nine additional six -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2010 -2011. (Attachment # 3) 4. a. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the City of Conroe, Texas to allow for the City of Corpus Christi to secure a false alarm management program competitively procured by the City of Conroe. (Attachment # 4) b. Motion awarding a service agreement with PMAM Corporation of Irving, Texas for False Alarm Management Services for a fee of 28% of the revenue collected. The term of the agreement will be for three years with automatic renewal on a bi- annual basis for additional two -year terms, or portions thereof. (Attachment # 4) 5. Ordinance appropriating $20,000 from the Radio System Capital Replacement Reserve Fund, amending the FY 2010 -2011 budget, adopted by Ordinance No. 028683 to increase appropriations by $20,000 in the No. 1020 General Fund Police Department budget to pay for software upgrades for the 800 Mhz radio system. (Attachment # 5) 6. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Corpus Christi /Nueces County Local Emergency Planning Committee (LEPC) for acquisition, management, operation, and maintenance of a vehicle for the LEPC. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a Renewal Professional Services Contract with Granicus, Inc. of San Francisco, California, in the amount of $30,600. The renewal contract is for one year, with automatic renewals of three additional one -year terms, subject to appropriation of funds, for a total amount not to exceed $122,400. (Attachment # 7) Agenda Regular Council Meeting February 8, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Ordinance authorizing the City Manager or his designee to execute Amendment No. 4 to the Lease Agreement for the Transportation Security Administration use of space at Corpus Christi International Airport, to provide janitorial services with total annual rent increasing by $16,640 from $383,705.91 to $400,345.91. (Attachment # 8) 9. Ordinance appropriating $17,500 from the Unreserved Fund Balance in the No. 1130 Arena Facility Fund for a grant from the of the Corpus Christi Business and Job Development Corporation to the Corpus Christi Convention and Visitors Bureau for a study of needed expansion and improvements to the American Bank Center (including the potential expansion of the Arena) and construction of a convention center hotel; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028252 by increasing proposed expenditures by $17,500. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement and a Ground Lease with the Corpus Christi Independent School District (CCISD) for 0.993 acre tract of land (43,255 square feet) of the Seven Oaks Addition to build a new Fire Station Number Five and an 800 square -foot Joint Use Facility to be used for CCISD educational purposes and for City business, for a term of fifty (50) years. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute a construction contract with IHS Construction, Inc. of Corpus Christi, Texas, in the amount of $629,617.17 for the Southmoreland Addition Street Improvements Phase 3B and 4B Part 3, for Total Base Bid, (Attachment if 11) 12. Motion authorizing the City Manager or his designee to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $58,483.82 for the Broadmoor Senior Center Walking Trail & Parking Lot Improvements. (CDBG & BOND ISSUE 2008) (Attachment # 12) Agenda Regular Council Meeting February 8, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13. Ordinance appropriating $26,589.46 from the Reserved Fund Balance in the Maintenance Services Fund No. 5110; transferring and appropriating $26,589.46 into the General Fund No. 1020 for repair of interior renovations to the Museum of Science & History Building; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase proposed expenditures by $26,589.46 in the Maintenance Services Fund No. 5110 and revenues and expenditures by $26,589.46 each in the General Fund No. 1020. (Attachment # 13) 14. First Reading Ordinance — Abandoning and vacating an 89,683 -, square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right -of -way; subject to compliance with the specified conditions. (Tabled on 01/11/11) (Attachment # 14) 15. 1 b. Second Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the Lease Agreement with the Texas State Museum of Asian Cultures & Education Center, regarding payment of utilities; providing for severance; and providing for publication. (First Reading -- 01/11/11) (Attachment # 15) c. Second Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the Lease Agreement with the South Texas Institute for the Arts regarding payment of utilities; providing for severance; and providing for publication. (First Reading — 01/11/11) (Attachment # 15) a. Second Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center regarding payment of utilities; providing for severance; and providing for publication. (First Reading — 01/11/11) (Attachment # 15) Agenda Regular Council Meeting February 8, 2011 Page 6 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. 16. Executive session under Section 551.076 to deliberate the deployment, or specific occasions for implementation of security personnel or devices; and/or a security audit. 17. Executive session pursuant to Section 551.071(1) (A) for consultation with attorney regarding contemplated litigation involving a municipal energy supply contract. J. PUBLIC HEARINGS: ZONING CASES: 18. Case No. 1210 -06, City of Corpus Christi: The applicant is requesting a change of zoning from the "AT/I0" Apartment Tourist District with Island Overlay to the "B- 2A110" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public /semi- public use to a tourist use. The property to be rezoned is described as 163,24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road. (Postponed on 01/25/11) (Attachment # 18) Planning Commission and Staffs Recommendation: Approval of the applicant's request for a change in zoning from the "AT/I0" Apartment Tourist District with Island Overlay to the "B- 2A/10" Barrier Island Business District with Island Overlay. Agenda Regular Council Meeting February 8, 2011 Page 7 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by City of Corpus Christi, by changing the Zoning Map in reference to 163.24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road, from the "AT /l0" Apartment Tourist District with Island Overlay to the "B-2A/I0" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public/semi- public use to a tourist use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 19. Resolution in support of slot machines at racetracks. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $5,525,000 for the Corpus Christi International Airport Consolidated Rental Car Quick Turn Around Facility for the Total Base Bid. (Attachment # 20) 21. Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; and providing for publication. (Attachment # 21) 22. First Reading Ordinance - Amending Chapter 57, Article V. of the Corpus Christi Code of Ordinances, by revising several sections in said article to provide for expanded definitions; more offenses and penalties; other specific requirements applicable to auto wreckers and auto wrecker companies; providing for a severance clause; providing for a repealer clause; and providing an effective date of March 1, 2011. (Attachment # 22) (To be considered at approximately 2:00 p.m.) Agenda Regular Council Meeting February 8, 2011 Page 8 23. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Presentation on Privatization and Reorganization Initiatives (Attachment # 23) b. Ordinance appropriating $59,699 from the Maintenance Services Unreserved Fund Balance No. 5110 for consulting services to provide a business case analysis of the Fleet Maintenance Division of the General Services Department; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing expenditures by $59,699. (Attachment # 23) c. Motion authorizing the City Manager or his designee to execute a service agreement with Mercury Associates, Inc., of Gaithersburg, Maryland, for an amount not to exceed $59,699, to provide a business case analysis of the Fleet Maintenance Division of the General Services Department. Funding is available in the Fleet Maintenance Operations budget for FY 2010 -2011. (Attachment # 23) d. Motion authorizing the City Manager or his designee to execute a service agreement with Plante Moran, PLLC, of Southfield, Michigan, for an amount not to exceed $145,000, to provide a business case analysis of the Municipal Information Services Department. Funding is available in the Municipal Information Services Operations budget for FY 2010 -2011. (Attachment # 23) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 24. Proposed FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (Attachment # 24) 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. Agenda Regular Council Meeting February 8, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 82nd Texas Legislature. ➢ State Budget Proposals ➢ Emergency Legislation designated by the Governor ➢ City Related Legislation Filed to Date ➢ Transportation Issues ➢ City of Corpus Christi Requested Legislation P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at %r3 a.m., on February 3, 2011. Armando Chapa City Secretary Agenda Regular Council Meeting February 8, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. City Council Goals 2010 -2011 .4* it 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 II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 25, 201 1 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Mark Scott Linda Strong (Arrived at 12:25 p.m.) City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kenneth Mutchlerwith Immanuel Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of January 18, 2011. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 2 - 13). There were no comments from the public. Council members requested that Items 2, 7, and 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011 -025 Motion approving the purchase and installation of one play structure and rubber tiling from PlayPower LT. Farmington, Inc., of Farmington, Missouri for a total amount of $328,497,60. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The play structure and tiles are for the replacement of Kids Place in the Cole Park Capital Improvement Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 4. ORDINANCE NO. 028928 Ordinance appropriating $4,113.80 in excess funds from the U.S. Department of Housing and Urban Development (HUD) Fair Housing 2010 National Policy Conference in the No. 1020 General Fund for Fair Housing Outreach Activities in FY 2010 -2011; changing FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $4,113.80 each. —1— Minutes — Regular Council Meeting January 25, 2011 — Page 2 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 5. ORDINANCE NO. 028929 Ordinance appropriating $117,552 from the Municipal Court Building Security Fund designated for Municipal Court facility security to include walk -thru detector services, Marshal security, two used vehicles, radios for the City Marshals, security remodeling and building security training; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $117,552. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye'; Strong was absent. 6. ORDINANCE NO. 028930 Ordinance appropriating $154,979 from the Municipal Court Technology Fund for Municipal Court technological improvements including leased workstations, laptops, printers, scanners and copiers, plus Court Software Data Base Analyst services and online payments interface; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $154,979. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 8. ORDINANCE NO. 028932 Ordinance appropriating $18,838 from the Municipal Court Judicial Improvement Fund for judicial improvements including the phone system, courtroom video system and security overtime for the Mothers Against Drunk Drivers (M.A.D.D.) program; changing the FY 2010- 2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $18,838. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 10. MOTION NO. 2011 -027 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the professional engineering contract with Stridde Callins and Associates, Inc. of Corpus Christi, Texas in an amount not to exceed $4,000 for a restated fee not to exceed $53,260 for the Selena Auditorium Lighting Control System and Infrastructure project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. Minutes — Regular Council Meeting January 25, 2011 — Page 3 11. MOTION NO. 2011 -028 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Barcom Commercial Inc. of Corpus Christi, Texas, in the amount of $54,796.49 for Westside Pony Fields Storage Building Improvements Project No. E10223. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 12. MOTION NO. 2011 -029 Motion authorizing the City Manager or his designee to execute a Special Warranty Deed granting, selling and conveying to the Wesley Community Center of Robstown, Texas, for the sum of $17,800, any right, title and interest the City may have to a certain 5 -acre tract of land located at 4015 MacArthur Street, by virtue of the absolute right of reversion contained in a Warranty Deed dated July 28, 1966, executed by the City of Corpus Christi to the Carmelite Sisters, D.C.J., recorded at Clerk's File No. 718529, in Volume 1169, Page 426, Deed Records of Nueces County, Texas. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adame abstained; Strong was absent. 13. ORDINANCE NO. 028933 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Myrtleson, LTD., (Permittee) of 615 N. Upper Broadway, Corpus Christi, Nueces County, Texas, in order to construct, install, maintain, repair, remove, or replace, a business sign encroaching 4.4 feet into the Tancahua Street Right -of -Way, which sign will be supported from the existing building located at 1205 N. Tancahua Street, in consideration of $49, a one -time Use Privilege Fee. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. Mayor Adame opened discussion on Item 2 regarding Storm Water right -of -way strip mowing. Council Member Scott expressed some concerns from residents in District 2 regarding the storm water mowing on Louisiana Parkway and the damage to backflow in that area. Director of Solid Waste and Streets Valerie Gray explained that Louisiana Parkway is mowed by the Park and Recreation Department and those services are now contracted through privatization efforts effective February 15t. In response to Council Member Scott, Assistant Director of Financial Services Mike Barrera reported that the City saved $40,000 to $50,000 from the previous contract. City Secretary Chapa polled the Council for their votes as follows: 2.a. MOTION NO. 2011 -020 Motion approving a service agreement with Maldonado Nursery & Landscaping, Inc, of San Antonio, Texas, based on best value in accordance with Bid Invitation No. BI- 0012 -11 for an estimated annual expenditure of $33,510.54, of which $16,755.27 is required for FY 2010- 2011, for Groups 5A and 7, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve -month periods, subject to the approval of the City Manager or his designee. -3- Minutes — Regular Council Meeting January 25, 2011 -- Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leaf, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 2.b. MOTION NO. 201 1 -021 Motion approving a service agreement with Aspen Lawn Care, LLC, of Corpus Christi, Texas, based on best value in accordance with Bid Invitation No. B1- 0012 -11 for an estimated annual expenditure of $85,200.94, of which $42,600.47 is required for FY 2010- 2011, for Groups 5B and 6, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve -month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. 2,c. MOTION NO. 2011-022 Motion approving a service agreement with Dorame General Repair & Lawn, LLC, of Corpus Christi, Texas, based on best value in accordance with Bid Invitation No. BI- 0012 -11 for an estimated annual expenditure of $80,436.51, of which $40,218.26 is required for FY 2010- 2011, for Group 4, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve -month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 2.d. MOTION NO. 2011 -023 Motion approving a service agreement with OJ Lawn Services, of Corpus Christi, Texas, based on best value in accordance with Bid invitation No. BI- 0012 -11 for an estimated annual expenditure of $71,593.20, of which $35,796.60 is required for FY 2010 -2011, for Groups 2 and 3, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve -month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. 2.e. MOTION NO. 2011 -024 Motion approving a service agreement with Dat A Boy Env Service, of San Antonio, Texas, based on best value in accordance with Bid Invitation No. BI- 0012 -11 for an estimated annual expenditure of $30,660, of which $15,330 is required for FY 2010 -2011, for Group 1, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve -month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. Minutes — Regular Council Meeting January 25, 2011 — Page 5 Mayor Adame opened discussion on Item 7 regarding the Municipal Court Case Manager Fund. Council Member Adler asked whether Municipal Court was hiring new case managers. Presiding Judge of Municipal Court Margie S. Flores explained that the three (3) case managers are current employees that were transferred from the Juvenile Assessment Center to Municipal Court and paid for from State funds that are collected out of Municipal Court costs. Judge Flores stated that this appropriation is to reimburse the City for those salaries. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 028931 Ordinance appropriating $144,503 from the Municipal Court Case Manager Fund for salaries, retirement and insurance for three (3) case managers hired to address all court ordered cases; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No, 028683 to increase appropriations by $144,503. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent. Mayor Adame opened discussion on Item 9 regarding an upgrade of the Corpus Christi International Airport Communications Center, Security Road and Standby Generator project. Council Member Adler asked questions regarding the use of an out of town firm to contract this work. Director of Engineering Services Pete Anaya explained that Pierce Goodwin Alexander and Linville (PGAL) was selected in 2004 for a multi -year contract for the Corpus Christi International Airport, Mr. Anaya added that the Federal Aviation Administration (FAA) requested that PGAL continue the work on this project based on the impact this project will have on other projects PGAL has designed. Mr. Anaya reported that the City is currently in the process of phasing -in other firms for the Airport. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2011 -026 Motion authorizing the City Manager or his designee to execute a professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of Dallas, Texas in an amount not to exceed $75,000, for upgrade of the Corpus Christi International Airport Communications Center, Security Road and Standby Generator - Project No. El 0075. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were absent. * * * * * * * * * * * ** Mayor Adame announced the executive session, which was listed on the agenda as follows: 14. Executive session pursuant to Section 551.074(a) of the Texas Government Code to deliberate the appointment of a City Manager. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken in open session. * * * * * * * * * * ** -5- Minutes — Regular Council Meeting January 25, 2011 — Page 6 Mayor Adame referred to Item 26 regarding the Heritage Park Vision Plan from the Friends of Heritage Park. Director of Parks and Recreation Michael Morris introduced the presentation team including Mary Lou Berven, David Brown, and Art Zeitler with the Friends of Heritage Park. Ms. Berven provided a brief background on Heritage Park; the creation of the Friends of Heritage Park organization; and the development of the master plan. Mr. Brown referred to a powerpoint presentation on the details of the master plan including a site plan of the subject property; property ownership; photos of Heritage Park; the concept for the area including entry pylons, a dance hall, shotgun homes, tourist court school house, an outdoor venue, and four additional house sites; and a video animation. Mr. Zeitler stated that the role of the Friends of Heritage Park is to look for recognition and support for Heritage Park to be economically sustainable; work with the Park and Recreation Department to develop a detailed master plan; and obtain "HC" zoning for the southern portion of the land owned by the City on Mesquite Street. The following topics pertaining to this item were discussed: commercializing the project and the sustainability; the buildings that would have to be relocated; and rezoning of the City owned property, asking property owners to rezone their property or whether property would be acquired. Mayor Adame referred to Item 27 regarding the Chaparral Street Improvements. Director of Engineering Services Pete Anaya introduced the presentation team including Raymond Gignac, Alan Ward, and Jason Helldron. Mr. Gignac presented information on the concept for Phase 1; stakeholder meetings and feedback; potential enhancements; and the parking function conversion. Mr. Ward referred to a powerpoint presentation including the existing parking spaces on Chaparral and cross streets; parking preferred options; the proposed design concepts; proposed design, renderings, tree species, drainage, storm water flow, lighting, district markers, directional signage, and paving for zones 1; proposed design for zone 2 and zone 3; proposed design for the side streets; multi -modal accessibility; and connectivity. Mr. Helldron provided information on the implementation of the plan and schedule. The following topics pertaining to this item were discussed: a status on the ordinances addressing signage and seating for the downtown area; planting options; timeline and completion of the project; reviewing other restrictive ordinances; the street closure process; deliveries or RTA bus functions; parking; residential; and drainage in the downtown area. Council Member Scott requested an update on the status on the ordinances address signage and seating in the downtown area and free parking after 5:00 p.m. Mr. Scott asked staff to inform the Downtown Management District on the City not being able to delegate authority to close streets to a private entity. Mr. Scott also requested that Mr. Gignac provided this information to the Water Street group. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Dan Vera provided a presentation on the Ocean Grip concept for Bob Hall pier. * * * * * * * * * * ** Mayor Adame open discussion on Item 21 regarding the consideration of holding meetings on the first Tuesday of the month from February through July to discuss street maintenance, to receive budget briefing, and to discuss the Island Strategic Action Committee (ISAC) functions and duties. Minutes — Regular Council Meeting January 25, 2011 — Page 7 Gabriele Hilpold, Chair of the ISAC, thanked the Council for placing this item on the agenda and provided an update on the progress of the ISAC committee including the development of three subcommittees for marketing, finance and future projects, and maintenance; and working with the Padre Island Property Owners Association, the Padre Island Business Association, the Seashore Learning Center, Mustang Island, and the Island Moon newspaper. Ms. Hilpold stated that there is a rezoning item on the agenda that is being recommended for postponement until February 8th and ISAC will provide comments on the zoning change during that meeting. Ms. Hilpold requested that Council direct staff to present items to the committee on issues regarding the beach and tourism on the Island and allow the committee to provide input on those projects. Council Member Adler thanked City Secretary Chapa for preparing a packet on ISAC. Ms, Adler stated that the Mayor is proposing holding meetings to address several budgetary issues on the first Tuesday of the month and requested that ISAC have an opportunity to visit with the Council on the goals and focus of the committee including providing input on the spending of TIF funds and information on Packery Channel. Mayor Adame explained that he would like to hold workshop meetings on the first Tuesday of the month in February to start discussions on the budget process and then place the ISAC discussion as an item in March. Several council members expressed concern that ISAC has not been involved in the process for providing input prior to items being presented to Council. Ms. Adler made a motion directing staff to prepare workshop meetings from February through July on the first Tuesday of the month regarding budgeting briefings; street maintenance and the 1SAC functions and duties. The motion was seconded by Mr. Scott. Mayor Adame opened discussion on the motion. In response to Council Member Leal, Mayor Adame said he would prefer to hold the meetings at 8:30 a.m. in the 6th floor Conference Room. Assistant City Manager Oscar Martinez provided the Council with a list of workshop topics and schedule. City Manager Escobar announced that the on Floor does not provide an opportunity for televising to the public and the Council concurred to hold the workshop meetings in the Council Chambers. Council Member Marez stated that he recognized the need and the importance of holding the workshop meetings; however, it would be difficult for him to attend extra meetings in the month. A brief discussion ensued regarding alternate times and days to hold the workshop meetings to allow for opportunities for the entire Council to participate in the workshops and accommodate staff. Mr. Scott made a motion to amend the motion to hold workshop meetings on the second Tuesday of the month at 8:30 a.m. from February through July to discuss street maintenance, to receive budget briefings, and to discuss the Island Strategic Action Committee functions and duties. The motion was seconded by Ms. Leal. The motion to amend was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Council for holding additional meetings to discuss the budget. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2011 -030 Motion to hold workshop meetings on the second Tuesday of the month at 8:30 a.m. from February through July to discuss street maintenance, to receive budget briefings, and to discuss the Island Strategic Action Committee functions and duties. —7— Minutes — Regular Council Meeting January 25, 2011 — Page 8 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame opened discussion on Item 23 regarding the Kostoryz Road Phase 1 from Horne to Sunnybrook and Kostoryz Road Phase 2 from Sunnybrook to SPID Bluff Drive Outfall. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; four bid options and recommendation; schedule; and project costs. Don Peoples, Goldston Engineering, was available to respond to questions. The following topics pertaining to this item were discussed: the waiving of minor bid irregularities; the charge for consulting fees and basic services; the complications with hydraulics on this project; the selection of an out -of -town contractor; background checks performed on Texas Sterling Construction Co.; the ten (10) open liens on record against Texas Sterling; concern with the difference in bid pricing; and the use of concrete versus asphalt. Mayor Adame called for comments from the audience. Darryl Haas, Haas - Anderson, spoke regarding the common practice of waiving bid irregularities and stated that he did not support the use of rigid concrete pavement. Abel Alonzo, 1701 Thames, spoke in support of staffs recommendation. City Manager Escobar stated that the caption for Item 23.a. was incorrect by stating "Base Bid" and asked the Council to amend the motion to state that the contract is only for Additive Alternate 3. Ms. Martinez made a motion to remove the language "Base Bid ". The motion was seconded by Mr. Marez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leaf, Marez, Martinez, Scott, and Strong, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 23.a. MOTION NO. 2011 -031 Motion waiving a bid irregularity and authorizing the City Manager or his designee to execute a construction contract with Texas Sterling Construction Co., of Houston, Texas, in the amount of $10,244,299.50 for Additive Alternate 3 for Kostoryz Road Phase 1 from Horne to Sunnybrook and Kostoryz Road Phase 2 from Sunnybrook to SPID Bluff Drive Outfall. (BOND ISSUE 2008) The foregoing motion was passed and approved as amended with the following vote: Adame, Marez, Martinez, Scott, and Strong, voting "Aye"; Adler, Elizondo, Kieschnick, and Leal, voting "No ". (Note: Mr. Elizondo originally voted "Aye" but requested that his vote be changed to "No".) 23.b. MOTION NO. 2011 -032 Motion authorizing the City Manager or his designee to execute a professional engineering materials inspection and testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $149,379.00 for Kostoryz Road Phase 1 from Horne to Sunnybrook and Kostoryz Road Phase 2 from Sunnybrook to SPID Bluff Drive Outfall. (BOND ISSUE 2008) -8- Minutes — Regular Council Meeting January 25, 2011 — Page 9 The foregoing motion was passed and approved with the following vote: Adame, Marez, Martinez, Scott, and Strong, voting "Aye "; Adler, Elizondo, Kieschnick, and Leal, voting "No ". (Note: Mr. Elizondo originally voted "Aye" but requested that his vote be changed to "No':) Mayor Adame opened discussion on Item 24 regarding the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Pavement Improvements Citywide FY2010 -2011. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background, project scope, project limits; schedule and budget. Director of Streets and Solid Waste Valerie Gray and Assistant Director of Streets Andy Leal were available to respond to questions. The following topics pertaining to this item were discussed: the existing distressed pavement areas and the Council's priority to improve streets maintenance. Mayor Adame called for comments from the audience. Tamera Otis, 730 Ashdown, stated that it is great that the City is improving the roads and addressed problems on Staples Street. Ms. Otis also spoke regarding congestion of traffic on the south side and consideration of a continuous circle around the City for alternative routes. City Manager Escobar stated that the Metropolitan Planning Organization (MPO), the Texas Department of Transportation (TxDOT), Nueces County and the City of Corpus Christi are working together to fund a study for the South Loop. Mr. Escobar also reported that Staples Street reconstruction is part of the Bond 2008 package. City Secretary Chapa polled the Council for their votes as follows: 24. MOTION NO. 2011 -033 Motion authorizing the City Manager or his designee to execute a construction contract with Grace Paving & Construction, Inc. of Corpus Christi, Texas in the amount of $1,840,000 for the Indefinite Delivery /Indefinite Quantity (IDIQ) Minor Street Pavement Improvements Citywide FY 2010 — 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame opened discussion on Item 25 regarding the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; proposed agreement for performance and completion of contract; project schedule; and budget. Mayor Adame called for comments from the audience. Darryl Haas, Haas - Anderson Construction, stated that construction would begin within seven (7) to ten days and approximately 100 calendar days to complete the project. in response to Council Member Martinez, Mr, Haas stated that there are permanent concrete barriers on the road. City Secretary Chapa polled the Council for their votes as follows: 25.a. MOTION NO. 2011 -034 Motion to authorize the City Manager or his designee to execute an agreement with Insurance Company of the West and Independence Casualty & Surety Co. (the "Surety') for the performance and completion of all obligations of the Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive, Project No. 6278 construction contract in accordance with the proposal submitted by Haas- Anderson, Ltd. (the "Completing Contractor "). —9— Minutes -- Regular Council Meeting January 25, 2011 — Page 10 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 25.b. ORDINANCE NO. 028938 Ordinance appropriating an amount of $325,394.83 received from the Insurance Company of the West and Independence Casualty and Surety Co. in the No. 3530 Street CIP Fund to be used for the completion of the Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive, Project No. 6278; changing the FY2009 -2010 Capital Budget adopted by Ordinance No. 028449 by increasing proposed expenditures and revenues by $325,394.83 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". * * * * * * * * * * ** Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1210 -04, Corpus Christi Community Improvement Corporation: The applicant is requesting a change of zoning from the "B -5" Primary Business District to the "R-1B" One - family Dwelling District resulting in a change of future land use from a medium - density residential use to a low-density residential use. The property to be rezoned is described as Extension of South End Addition, Block 6, Lots 1, 2 & 3 and the east 6 feet of Lot 6, located at the northwest corner of Coleman Avenue and Fourteenth Street. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028934 Amending the Zoning Ordinance, upon application by Corpus Christi Community Improvement Corporation, by changing the Zoning Map in reference to extension of South End Addition, Block 6, Lots 1, 2 & 3, and the east 6 feet of Lot 6, located at the northwest corner of Coleman Avenue and Fourteenth Street, from the "B -5" Primary Business District to the "R-1B" One - family Dwelling District resulting in a change of future land use from a medium- density residential use to a low- density residential use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Adler and Elizondo were absent. Mayor Adame referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting January 25, 2011 — Page 11 Case No. 1210 -05, Corpus Christi Community Improvement Corporation: The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "R-1B" One- family Dwelling District resulting in a change of future land use from a medium - density residential use to a low - density residential use. The property to be rezoned is described as Chamberlin, Block 19, Lots 15 & 16, located at the southwest corner of Marguerite Street and Twelfth Street. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 028935 Amending the Zoning Ordinance, upon application by Corpus Christi Community Improvement Corporation, by changing the Zoning Map in reference to Chamberlin, Block 19, Lots 15 & 16, located at the southwest corner of Marguerite Street and Twelfth Street, from the "1 -2" Light Industrial District to the "R-1B" One - family Dwelling District resulting in a change of future land use from a medium - density residential use to a low- density residential use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Adler and Elizondo were absent. Mayor Adame referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1210 -06. City of Corpus Christi: The applicant is requesting a change of zoning from the "AT/I0" Apartment Tourist District with Island Overlay to the "B- 2A/!O" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public /semi - public use to a tourist use. The property to be rezoned is described as 163.24 acres out of the William Bryan Survey Abstract 45 & Belli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road. No one appeared in opposition to the zoning change. City Secretary Chapa announced that staff is requesting that this item be postponed until February 8, 2011. Ms. Strong made a motion to table the public hearing until February 8, 2011. The motion was seconded by Mr. Kieschnick, The following motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. Mayor Adame referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following master plan amendment: 18. Public Hearing and an Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation and Open Space Master Plan by amending Section 2.4 Corpus Christi's Demographic Profile, Section 3.3 Corpus Christi's Park System — Existing Size, Section 4,3 Goals for the 2008 Parks, Recreation and Open Space Master Plan/Recovery Action Plan, Section 5 Public Input Regarding —11— Minutes — Regular Council Meeting January 25, 2011 — Page 12 Community Meetings, Section 6.5 Comparison of Recommended Spatial Standards to Existing Conditions in Corpus Christi, Section 6.6 Park Facility Standards and Needs, and Section 9.3 Implementation Strategy; providing for repeal of conflicting ordinances; providing for severance. Assistant Director of Parks and Recreation Stacie Talbert explained that in March 2008, the City Council approved the new priority list for development of the Park and Recreation Master Plan. City Manager Escobar stated that this action is necessary to submit to Texas Parks and Wildlife for consideration to evaluate the City for future grants. No one appeared in opposition to the master plan amendment. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 028936 Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation and Open Space Master Plan by amending Section 2.4 Corpus Christi's Demographic Profile, Section 3.3 Corpus Christi's Park System — Existing Size, Section 4.3 Goals for the 2008 Parks, Recreation and Open Space Master Plan/RecoveryAction Plan, Section 5 Public Input Regarding Community Meetings, Section 6.5 Comparison of Recommended Spatial Standards to Existing Conditions in Corpus Christi, Section 6.6 Park Facility Standards and Needs, and Section 9.3 Implementation Strategy; providing for repeal of conflicting ordinances; providing for severance. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the continuation of the juvenile curfew ordinance: 19. Public Hearing to consider continuing the existing curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Sections 33 -40, 33 -41, 33 -42 and 33 -43. No one appeared in opposition to the continuation of the juvenile curfew ordinance. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Leal, and passed. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 20 regarding the continuation of the existing curfew ordinance for minors. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 028937 Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Sections 33 -40, 33 -41, 33 -42 and 33 -43. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". -12_ Minutes — Regular Council Meeting January 25, 2011 — Page 13 Mayor Adame opened discussion on Item 22 regarding the consideration on the process for appointment of the City Auditor. Director of Human Resources Cynthia Garcia explained that this item is a request for direction on how to proceed with the Internal Auditor position. Ms. Garcia provided a brief overview of the informational packet including a survey tab; job description of other cities surveyed; the City's pay plan for executives; a draft of the proposed job description; and the City Charter amendment language. Council Member Kieschnick asked that the Council consider subcontracting the position as opposed to a staffing position. Council Member Elizondo stated that the Council needs to identify benchmarks for the auditor and have the auditor report directly to the City Council. Council Member Leal asked staff to provide her with the previous internal auditor job description and the number of staffing for that position. Council Member Marez also stated that he would like the auditor to report only to the City Council and would like to see the duties include that the auditor participate and review all contractual language and sign off on all major contracts. Mr. Marez added that he would like to see that the minimum qualifications include that a Certified Internal Auditor certification be a priority. Council Member Martinez stated that she would like to see that the position not be internal and an employee of the City. Ms. Martinez suggested that the details of the position be reviewed by the Administration Committee before coming back to the full Council for approval. Council Member Adler supported contracting the auditor position. Council Member Scott stated that the job descriptions from other cities do not mention the auditor approving major contracts. Council Member Marez responded that he was in agreement to have the Administration Committee review the duties of the position. In response to Mayor Adame, City Manager Escobar reported that the position currently is not budgeted and it is at the discretion of the Council to budget the position in the current budget or incorporate the position in the upcoming budget discussions. City Attorney Valdez stated that staff would prepare an ordinance with the Council's suggestions outlining the duties, responsibilities and staff. Ms. Martinez made a motion directing the Administration Committee to review and make recommendations to the full Council prior to the ordinance being prepared. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". * * * * * * * * * * * ** Mayor Adame referred to Item 28 regarding a presentation on Privatization /Reorganization Initiatives and announced that the item was postponed. 28. Privatizationi-Reetganization Initiative) Council Member Scott asked that this presentation be presented prior to the agenda item on the privatization on fleet management. * * * * * * * * * * * ** -13- Minutes — Regular Council Meeting January 25, 2011 — Page 14 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5 :52 p.m, on January 25, 2011. * * * * * * * * * * * ** a. COMMITTEES FOR PERSONS WITH DISABILITIES — Five (5) vacancies with terms to 2 -1 -13. 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 A PPTD. 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 *Alan Manrow 2 -01 -11 8 -31 -10 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 reappointments of Harvey Salinas, Dr. Candelario Huerta, Alana Manrow, Carlos Vargas and Darren Bates.) 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 Harvey Salinas 12 8(4exc) 67% Dr. Candelario Huerta 12 9(2exc) 75% Alana Manrow 5 3(2exc) 60% Carlos Vargas 12 10(lexc) 83% Darren Bates 12 8(2exc) 80% 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) Jonathan Michael Barlow Campign Helper, Joe Benavides Campaign. Activities include: Volunteering with Texas State Aquarium. (8 -30- 10) Dr. Larisa Ford Raymundo G. Garcia Senior Biologist, United States Fish & Wildlife Services. Received B.S. from Texas A &M University at Galveston, M.S. in Microbiology, Texas A&M University at College Station, Ph.D. from Louisiana State University and Masters in Public Administration from Texas A &M University- Corpus Christi. Activities include: Earth Day/Bay Day. Previously Served as Special Emphasis Program Coordinator - Disabilities for Region 2, United States Fish and Wildlife Service. (1 -3 -11) 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) Keron E. Hasley Kevin Horrigan William Paul Hunt Susanne M. Lunsford Joel S. Mumphord Assistant Cashier, IBC Bank. Attended Del Mar College. Activities include: United Way Allocations Committee. (4- 17 -09) 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) 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) CEO - President, Real fEstate Global Sol LLC. Attended College. Activities include: Rotary Club, PIBA and ADA. (4- 23 -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) Sabrina Ramirez Attends Texas A &M University Corpus Christi. Internship with Coastal Bend Center for Independent Living. (1 -3 -11) 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) 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. LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Nine (9) vacancies with terms to 2 -1 -12 and 2 -1 -13 representing the following categories: 6 — community representatives, 1- senior center participant, and 2 — direct service agencies. DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 3 - Direct service agencies, and 10- Community representatives. Initially, eight (8) members shall be appointed for a term of one -year and seven (7) members shall be appointed to two -year terms. ORIGINAL MEMBERS TERM APPTD. DATE *Lindsey Edwards (Agency) 2 -01 -11 7 -21 -09 ***Arnold Villarreal (Community) 2 -01 -11 12 -15 -09 Maria Clarissa Lopez (Agency) 2 -01 -12 12 -15 -09 *Patricia Byrd (Senior Ctr.) 2 -01 -11 7 -21 -09 Esperanza "Hope" Lopez (Senior Ctr.) 2 -01 -12 2 -23 -10 Vicki N. Garza (Community) 2 -01 -12 8 -26 -08 * * ** *Donna Marie Rodriguez (Community) 2 -01 -11 2 -10 -04 *Billy Ray Sayles (Community) 2 -01 -11 7 -06 -10 Ida Alvarado Hobbs (Community) 2 -01 -12 7 -06 -10 *Dotson G. Lewis, Jr. (Community), Chair 2 -01 -11 4 -08 -08 Cecilia G. Huerta (Community) 2 -01 -12 2 -24 -09 **Hubert Hall (Community) 2 -01 -11 7 -06 -10 *Gloria Gooding (Agency) 2 -01 -11 7 -06 -10 ***Caroline Szepessy (Community) 2 -01 -12 2 -23 -10 Adelfa M. Martinez (Community) 2 -01 -12 2 -24 -09 (The Leadership Committee for Senior Services is recommending the reappointments of Lindsey Edwards (Direct Service Agency), Patricia Byrd (Senior Center Participant), Billy Ray Sales (Community Representative), Dotson G. Lewis (Community Representative) and Gloria Gooding (Direct Service Agency). They are also recommending the new appointments of Henry Edward Savoy (Community Representative), Felix Zavala, Jr. (Community Representative), Rudy Martinez (Community Representative) and Jose R. Villanueva (Community Representative). 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 Patricia Byrd (Senior Center) 10 9 90% Lindsey Edwards (Agency) 10 8 80% Gloria Gooding (Agency) 4 2 50% Dotson Lewis (Community) 10 6(2exc) 60% Billy Ray Sales (Community) 3 3 100% OTHER INDIVIDUALS EXPRESSING INTEREST Olga Gonzales Retired. Attended College. AARP Certified Advocate. RSVP Volunteer at Greenwood Senior Center. Serves as President for Senior Housing Homes. Recipient of Educator Advocate - Estrella Award. (Community) (5 -13- 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. (Community) (6 -4 -09) Anne F. Lee Politically Active. Activities include: A.A.R.P., R.C. Sultanas Women's Organizations and Church Oriented Groups. (Community) (1 -3 -11) Rudy Martinez Ronald J. Moore Community Relations Director, Nurses on Wheels, Inc. Activities include: American Cancer Society, Dowtown Relay for Life, Regional Council for ACSS, Texas Region, Heart Walk and Dancing Through Downtown Diabetes Walk. (Direct Service Agency or Community) 9- 13 -10) 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. (Direct Service Agency or Community) (10 -6 -09) Bethany L. Rabinowitz Henry Edward Savoy Formerly Health Services Coordinator/Manager, Cape Fear Valley Health Systems. Received Associate of Science in Occupational Therapy from Kettering College of Medical Arts, Kettering, Ohio and Bachelor of Science in Exercise Science from Campbell University, Buies Creek, North Carolina. (Community) (10- 31 -08) Owner, Eddie Savoy Homes. Activities include: Flour Bluff Business Association and Ethel Eyerly Senior Center. (Senior Center Participant or Community) (12 -17- 10) Jose R. Villanueva, Jr. Senior Companion Volunteer. (Community) (12- 23 -09) Felix Zavala, Jr. Pastor,. El Shaddai Church. Activities include: Prayer Meetings. (Community) (8- 10 -09) c. MAYOR'S FITNESS COUNCIL -- One (1) vacancy with term to 5 -11 -11 representing the following category: At Large. (Appointed by the Mayor with approval by the Council) (Since the term ends on 5- 11 -11, it is recommended that the appointment be for a new two-year term ending 5-11-13.) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: Veteran's Wellness, Corporate Initiatives, Health Care/Medical Professionals, Worksite Wellness, College/University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth/After School Programs, Community Outreach/Special Events and two (2) at large members.. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. ORIGINAL MEMBERS TERM APPTD. DATE Jane Bell (Disability Network) 5 -11 -11 5 /11/10 Dr. Crystal Campos (Health Care /Medical) 5 -11 -12 5/11/10 ***Johnny Canales (At Large) 5 -11 -11 5/11/10 Marc Cisneros (Veteran's Wellness) 5 -11 -12 5/11/10 Rex A. Kinnison (Corporate Initiatives) 5 -11 -11 5/11/10 D. Scott Elliff ( Youth/After School), Chair 5 -11 -11 5/11/10 Timothy M. Fitzpatrick (Callege/University)5 -11 -12 5/11/10 Rick Hayley (Gov's Liaison), Vice Chair 5 -11 -12 5/11/10 Judy Lapointe Jennings (Senior Citizen) 5 -11 -12 5/11/10 Father Joseph Lopez (Faith Based Partners) 5 -11 -12 5/11/10 Grete McBath (Worksite Wellness) 5 -11 -11 5/11/10 Venessa Santos -Garza (Comm. Outreach) 5 -11 -12 5/11/10 Wade Spenst (At Large) 5 -11 -11 5/11/10 (The Mayor's Fitness Council is recommending the new appointment of Mary LaFrancois (At Large). Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Chris Barrows Victor Betancourt Jessica L. Engelbrecht Patricia Garcia Mary LaFrancois Rudy Martinez Bryan Mayhood Maintenance Technician, Anchor Resort Condominiums. Previous Owner of Exercise Studio. Previously Certified Boxing Coach. Certified Master Trainer. Activities include: Fitness Festival. (1- 10 -11) Owner, V Fit Training Center. Certified Personal Trainer. Activities include: V Fit Challenge. (1 -6 -11) Registered Dietitian, National Renal Institute, DSI. Received Bachelor of Science, Nutrition: Dietetics from Oklahoma State University and Master of Science, Nutrition from Case Western Reserve University at Cleveland, Ohio. Activities include: Registered Dietitian American Dietetic Association, American dietetic Association Renal Dietetic Practice Group, Texas Dietetic Association, Junior League of Corpus Christi, and YMCA of the Coastal Bend. (1- 10 -11) Owner /Manager, Wildfire Enterprises, Inc. Received a BA in Public Relations and MS in Counseling. Activities include: LCCAA, LCC 29, United Way, FHCAC and Junior Achievement Board. (1- 25 -11) Vice President, Human Resources, CHRISTUS Spohn Health System. Received a Bachelor's Degree in Business Administration and a Master's Degree in Organization and Management Human Resources. Certified Senior Professional in Human Resources. Activities include: Junior Achievement. (1 -5 -11) Community Relations Director, Nurses on Wheels, Inc. Activities include: American Cancer Society, Downtown Relay for Life 2011, ACSS Texas Region, Heart Walk, and Dancing through Downtown Diabetes Walk. (9- 13 -10) Director of Season Ticket Services, Corpus Christi hooks Baseball Club. Attended Texas A &M University - Corpus Christi. Activities include: Heart Walk Committee. (1 -5- 11) Melissa N. Nesmith James Scoville M.A., Allergy, Asthma, and Dermatology James Caplin M.D. Biomedical Science pre - Physician Assistant and Emergency Medicine Research Associate — Spohn Memorial. Received Associate's Degree from Del Mar College and Bachelor's Degree from Texas A &M University- Corpus Christi. (1- 21 -11) President/C.E.O., YMCA of the Coastal Bend. Received a B.A. in Leisure Administration from Iowa State University and a Master Degree in Health Care Administration from Des Moines University. (1- 25 -11) d. MECHANICAL/PLUMBING ADVISORY BOARD — Six (6) vacancies with terms to 1 -2 -13 representing the following categories: 1 — not connected with the building industry, 2 — air conditioning, 1— commercial building industry; 1— master plumber and 1— irrigator. DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to their attention. To prescribe a procedure for hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing Code and Mechanical. Code. COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years active experience in heating, ventilation, air conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. ORIGINAL MEMBERS TERM APPTD. DATE Elvin P. O'Bryan (Master Plumber) 1 -02 -12 3 -21 -06 ** *Robert Ross Pate (Not Conn. Bldg. Ind.) 1 -02 -11 2 -13 -07 *David Mathews (Air Conditioning) 1 -02 -11 7 -21 -09 Sean M. Rodriguez (Mechanical Eng.), Co -Chair 1 -02 -12 5 -13 -08 *Billy Largin (Commercial Builder) 1 -02 -11 7 -21 -09 *****James Michael Dildy (Master Plumber) 1 -02 -11 1 -18 -05 James E. Mokry,.Jr. (Plumber) 1 -02 -12 2 -09 -10 Mike Waltzer (Air Conditioning), Chair 1 -02 -12 1 -18 -05 *Julio Sanchez (Air Conditioning) 1 -02 -11 7 -21 -09 Stacy Gallagher (Home Builder) 1 -02 -12 2 -09 -10 *Karim I. Salighedar (Irrigator) 1 -02 -11 7 -21 -09 (The MechanicallPlumbing Advisory Board is recommending the reappointments of David Mathews (Air Conditioning), Billy Largin (Commercial Builder), Julio Sanchez (Air Conditioning) and Karim L Salighedar (Irrigator). The are also recommending the new appointments of Clinton Bailey (Master Plumber) and Bruce Hawn (Not Connected with the Building Industry). Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation —27— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR David Mathews (Air Cond.) 6 3(3exc) 50% Billy Largin (Comm. Build) 6 4(lexc) 67% Julio Sanchez (Air Cond.) 6 5 83% Karim I. Saligbedar (Irrigator) 6 6 100% OTHER INDIVIDUALS EXPRESSING INTEREST Kevin Akan Clinton Bailey Shawn Bodine Paul Braley Jaime Garcia Bruce Hawn Self - Employed, Air Conditioning Service and CK's Guide Service. Received Associates Degree from Del Mar College. (Air Conditioning) (3 -3 -09) President, Lamar Plumbing, Inc. Attended Del Mar College. (Master Plumber) (1 -6 -10) Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A &M University - Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (Not Connected with the Building Industry) (2 -9 -10) Master Plumber, Malek, Inc. Activities include: American Backflow Association. (Master Plumber) (1- 2710) President, Buffel Grass Seed Company, Inc. Received BS in Chemical Engineering from Texas A &I University at Kingsville, Texas. Activities include: Presidnet of Country Creek Home Owners Association Units 4 and 5 and National Engineering Honor Society. (Irrigator) (6- 25-09) Attomey/Partner, Welder Leshin, LLP. Received Degree in Petroleum Land Management from St. Mary's School of Law. Activities include: Texas State Aquarium and Earl C. Sams Foundation. (Not Connected with the Building Industry) (1 -5 -11) William Paul Hunt Chris Mundahl Roger Perez 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. (Not Connected with the Building Industry) (6- 4-09) President /Owner, AC Distribution, Inc. Activities include: President, ACCA Coastal Bend Chapter and Coastal Bend Green Build Committee. (Air Conditioning) (1 -6 -10) GM Residential and Light Commercial, Malek, Inc. Attended Del Mar College. Activities include: Vice President, ACCACB Chapter and CC Networking Group. (Air Conditioning) (12 -8 -09) Maverick C. Volesky, Jr. Supervisor, Oil Patch Petroluem. Master Plumber. (Master Plumber) (6- 12 -09) Tony Williford Service Manager, Mike Wanzer A/C. (Air Conditioning) (1- 20 -09) e. REGIONAL HEALTH AWARENESS BOARD — One (1) member representing the category of City Representative. (Representatives serve until their replacement has been appointed and their terms are unlimited.) DUTIES: To ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. COMPOSITION: Six (6) members representing a cross- section of health, environmental, and social interest. Two of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricia County. In addition, the following organizations may appointment members: 1- City of Corpus Christi, 1 — Nueces County, 1 — San Patricio County, 2 -- Port of Corpus Christi, 1 — Texas A & M — Corpus Christi, 1 — Texas A & M — Kingsville, 1 — Texas Commission on Environmental Quality, Region 14 (ex- officio /non- voting), 1 — U.S. Environmental Protection Agency, Region VI (ex- officio /non - voting), 1 - City of Corpus Christi/Nueces County Health Department (ex- officio /non- voting) and 1 — San Patricia Health Department (ex- officio /non- voting). ORIGINAL MEMBERS TERM APPTD. DATE Dr. James Mobley (San Patricio — Comm. Rep.), Chair 01 -01 -12 10 -01 -05 Tom Ballou (Port Industries) 01 -01 -13 10 -01 -03 Margie Rose (City Representative) 01 -01 -11 03 -08 -05 Patricia E. Mattocks (City — Community. Rep.) 10 -01 -11 10 -14 -08 Patty Clark (City — Community Rep.) 10 -01 -12 10 -13 -09 Ronald K. Barnard (County — Community Rep) 10 -01 -12 06 -01 -09 Dr. William G. Curtis (County — Community Rep.) 10 -01 -12 06 -01 -09 Alonso Molina (San Patricio — Community Rep.) 10 -01 -12 10 -01 -03 Vacant (County Representative) 01 -01 -13 Dennis Roberts (San Patricio Representative) 10 -01 -12 10 -01 -05 Rich Tuttle (Port Industries) 01 -01 -14 01- 01-07 Dr. Mary Jane Hamilton (TAMU — Corpus Christi) 01 -01 -12 10 -01 -05 Dr. Alvaro Martinez (TAMU — Kingsville) 01 -01 -12 05 -01 -09 Annette Rodriguez (Nueces County Health Adman) Ex- officio Delores Bacon (San Patrico Administrator) Ex- officio Shirley Quinones (Environmental Protection Region 6) Ex- officio Susan Clewis (TX Comm. on Environmental Quality) Ex- officio (City Manager Angel R. Escobar is recommending the reappointment of Margie Rose.) CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/08/11 AGENDA ITEM: RECOMMENDATION: Motion approving a supply agreement for 2,930 tons of liquid caustic soda with Univar USA, Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0078 -11, based on low bid for an estimated six month expenditure of $587,392.50. The term of the contracts will be for six months with options to extend for up to nine additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2010 -2011. ISSUE: Liquid caustic soda is used to adjust the pH level of the blended Nueces River — Lake Texana treated water to acceptable levels. The Lake Texana water has a lower pH than the Nueces River water and must be adjusted accordingly. REQUIRED COUNCIL ACTION: Ali contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted fora 6 month period. Michael arrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 -33- BACKGROUND INFORMATION In December 2010 the City issued a bid invitation, which was published in the Corpus Christi Caller - Times and issued to thirty potential bidders. Six responsive bids were evaluated that included Univar USA, Corpus Christi, DPC Industries, Inc., Corpus Christi, Texas, Valley Solvents, Corpus Christi, Texas, Altivia Corporation, Houston Texas; FSTI, Inc., Austin, Texas and General Chemical Performance Products, LLC, Parsippany, New Jersey. The option to extend the previous contract was not exercised due to the vendor's inability to maintain pricing, thus requiring the City to issue new bid invitations. Award Basis: Low Bid Price Analysis: Pricing was requested for a six (6) month or twelve (12) month contract period. As noted, the six (6) month contract reflects the lower cost of caustic soda. However, pricing has increased approximately 34% since the last contract of July 2010. Historically, this chemical has exhibited a very volatile pricing structure which reflects large price swings. The six month contract will allow for review of the market at six month intervals and is the lowest cost option for the City at this time. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 2/08/2011 5 months 1.0 Liquid Caustic Soda 1.1 50 % liquid caustic soda 1.2 25 % liquid caustic soda Award Total: BID TABULATION BI -0078-11 WATER CHEMICALS • $587.392.50 $635,247.50 $644,575.00 $721,602.00 $866,500.00 Univar USA DPC Industries, Inc. Altivia Corporation Performance Products, LLC FSTI, Inc. FSTI, Inc. Qty Unit Corpus Christi, Texas Corpus Christi, Texas Houston, Texas Parsippany, New Jersey Austin, Texas Austin, Texas 2,500 430 Tons Tons 213.50 124.75 533,750.00 53,642.50 230.75 135.75 576,875.00 58,372.50 233.75 140.00 584,375.00 60,200.00 262.60 656,500.00 151.40 65,102.00 295.00 300.00 737,500.00 129,000.00 $587.392.50 $635,247.50 $644,575.00 $721,602.00 $866,500.00 Award Total: $1,201,935.00 $1,325,891.00 $1,370,600.00 (1) DPC Industries, Inc., Corpus Christi, Texas submitted an offer only for 6 month period and NO BID for the 12 month supply agreement. (2) Valley Solvent, Corpus Christi, Texas submitted an offer for 12 month period only and a NO BID for the 6 month supply agreement. $1,443,204.00 $1,733,000.00 Univar USA (2) Valley Solvents Altivia Corporation General Chemical Performance Products, LLC FSTI, Inc. Qty Unit Corpus Christi, Texas Corpus Christi, Texas Houston, Texas Parsippany, New Jersey Austin, Texas 12 months 2.0 Liquid Caustic Soda 2.1 50% liquid caustic soda 5,000 Tons $218.50 $1,092,500.00 $242.50 $1,212,500.00 $248.75 $1,243,750.00 $262.60 $1,313,000.00 $295.00 $1,475,000.00 2.2 25 % liquid caustic soda 860 Tons 127.25 109,435.00 131.85 113,391.00 147.50 126,850.00 151.40 130,204.00 300.00 258,000.00 Award Total: $1,201,935.00 $1,325,891.00 $1,370,600.00 (1) DPC Industries, Inc., Corpus Christi, Texas submitted an offer only for 6 month period and NO BID for the 12 month supply agreement. (2) Valley Solvent, Corpus Christi, Texas submitted an offer for 12 month period only and a NO BID for the 6 month supply agreement. $1,443,204.00 $1,733,000.00 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/8/11 AGENDA ITEM: RECOMMENDATION: (A) RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF CONROE, TEXAS, TO ALLOW THE CITY OF CORPUS CHRISTI TO SECURE A FALSE ALARM MANAGEMENT PROGRAM COMPETITIVELY PROCURED BY THE CITY OF CONROE. (B) Motion awarding a service agreement with PMAM Corporation of Irving Texas for False Alarm Management Services for a fee of 28% of the revenue collected. The term of the agreement will be for 3 years with automatic renewal on a bi- annual basis for additional two year terms, or portions thereof. ISSUE: The City of Corpus Christi is requesting the use of a False Alarm Management Program competitively procured by the City of Conroe. In order for the City of Corpus Christi to do so, the City of Corpus Christi is required to execute an interlocal agreement with the City of Conroe, specifically allowing same. Interlocal agreements must be approved by City Council. REQUIRED COUNCIL ACTION: Approval of the interlocal agreement and award. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and motion. Barrer Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 Attachments Interlocal Agreement Between the City of Corpus Christi and the City of Conroe. Service Agreement between the City of Corpus Christi and PMAM Corporation. —3 9 BACKGROUND INFORMATION False Alarm Monitoring By ordinance, the City of Corpus Christi is responsible for responding to all alarm systems that are activated and reported to the Police Department. As 99% of all alarms calls are false, this places an undue burden on Police personnel that are removed from other police duties. Additionally, alarm owners are required to permit their system, register them with the Police Department and pay for all false alarms that are generated by their alarm system. However, many alarm owners fail to register their systems and therefore receive the patrol service without paying the fees associated with the ordinance. This has resulted in a leakage of revenue for the City and an ineffective use of valuable Police service. Due to limited expertise, time and resources available to manage this function, many false alarms are not being billed or permitted as required under the City's ordinance. As such, contracting out this function is estimated to increase the revenues associated with alarms which may also result in a decrease in the number of false alarms reported to the Police Department. City of Conroe Contract In July of 2009, the City of Conroe executed an agreement with PMAM Corporation of Irving, Texas for False Alarm Management Services. The agreement provides for, PMAM Corporation to manage the City of Conroe's alarm registrations, alarm permits, false alarm monitoring and all other tasks associated with the management of false alarm maintenance. The term of the agreement is for five (5) years with automatic renewal on a bi- annual basis for additional two year terms, or portions thereof. The contract is structured on a revenue sharing basis with the City of Conroe splitting all revenues generated under the contract with PMAM Corporation on a 72% 128% share, respectively. City of Corpus Christi Contract The City of Corpus Christi is interested in securing the services of PMAM Corporation under the same terms and conditions of the City of Conroe's contract. The City of Corpus Christi will enter into its own contract with PMAM Corporation which will be independent and separate of the PMAM /City of Conroe contract. As above, the City of Corpus Christi will split all revenues collected under the contract on a 72% /28% share with PMAM Corporation. INTERLOCAL AGREEMENT BETWEEN THE CITY OF CONROE AND CITY OF CORPUS CHRISTI THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement made this the day of , 2011, is by and between the CITY OF CONROE, a Texas home -rule municipal corporation ( "Conroe ") and the CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation ( "Corpus Christi "). WITNESSETH Pursuant to the authority granted by the Texas Interlocal Cooperation Act (TEX GOV'T CODE ANN. §791.001 et seq.) providing for the cooperation between local governments, the parties hereto, in consideration of the premises and mutual promises contained herein, agree to as follows: 1. Corpus Christi hereby designates its Assistant Director of Financial Services to act under the direction of and on behalf of Corpus Christi in coordinating the procurement of a False Alarm Management Program pursuant to Conroe's Services Agreement dated July 9, 2009 ( "Services Agreement ") with PMAM Corporation ( "Contractor ") under Conroe's Request for Proposal dated April 2009, titled False Alarm Management Proposal (attached and incorporated herein as Exhibit "A "), which was let in accordance with Chapter 252 of the Texas Local Government Code and all other applicable laws, and comprised of the following Exhibits, attached and incorporated herein for all intents and purposes: (1) Request for Proposal dated April 2009 .(Exhibit "A ") (2) Response to Request for Proposal dated May 11, 2009 (Exhibit "B") (3) City of Conroe Services Agreement for Alarm Management dated July 9, 2009 (Exhibit "C ") (4) Contractor's commitment dated September 24, 2.010 to allow Corpus Christi third -party status (to be treated the same as Conroe, under all terms and conditions as set forth in the Services Agreement) . (Exhibit "D") 11. By execution of this Agreement, Corpus Christi agrees to compensate Contractor according to the revenue sharing model set forth in the Services Agreement. Neither Conroe nor Corpus Christi shall assume any responsibility or liability to pay Contractor for services provided for the benefit of the other party. For any services provided that are not subject to the revenue sharing model, Corpus Christi's payment for the Contractor's services shall be made from current, available revenues. In obtaining the services of the Contractor through Conroe, Corpus Christi has relied solely on its own inspections, —41— Page 1 of 2 investigations, and due diligence regarding the services to be provided, and Corpus Christi acknowledges that Conroe has made no representations or warranties expressed or implied with respect to the services to be provided. This Agreement shall take effect upon execution by both signatories, and shall serve as each party's commitment pertaining to purchases of' the services referenced in Article 1 hereof. This Agreement has been authorized by the governing bodies of the parties hereto. N. This Agreement shall be in effect from and after the day of , 2011, the date of execution by Corpus Christi. CITY OF CORPUS C H R I S T I C I T Y OF C O N R O E by: by: ANGEL R. ESCOBAR NAME: CITY MANAGER TITLE: CONCUR: CONCUR: by: by: MICHAEL BARRERA WALLACE DODD ASSISTANT DIRECTOR, FINANCIAL SERVICES PURCHASING AGENT ATTEST: ATTEST: by: by: ARMANDO CHAPA, CITY SECRETARY MARLA PORTER, CITY SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: for the City Attorney for the City Attorney by: by: BRIAN NARVAEZ MARCUS WINBERRY ASSISTANT CITY ATTORNEY CITY ATTORNEY —42— Page 2 of 2 Services Agreement for Alarm Management CITY OF CORPUS CHRISTI SERVICES AGREEMENT FOR ALARM MANAGEMENT This agreement ( "Agreement ") is made by and between PMAM Corporation, a Texas Corporation whose address is 105 Decker Court #675, Irving, Texas 75062, hereinafter referred to as "Contractor" and the City of Corpus Christi, Texas, a home rule municipal corporation, hereinafter referred to as "City" to be effective upon approval and subsequent execution by the Corpus Christi City Manager or designee. Recitals WHEREAS, the City desires to engage the services of Contractor to provide installation, conversion, operation and service of a False Alarm Management Program including the collection services in accordance with the City's Alarm Ordinances; and NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: Scope of Services 1.1 The parties agree that Contractor shall perform such services in accordance with the terms and conditions of the City's alarm ordinance and Contractor's Proposal in response thereto, (hereinafter "Contractor's Proposal "), a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "A ". The parties' agreement consists of the following items referred to as the "Agreement Documents ". (a) Agreement by and between the City and PMAM Corporation (b) Contractor's Proposal - Exhibit A (c) Pricing and Receipt of Collections - Exhibit B In the event there exists a conflict in interpretation, the documents shall control in the order listed above or as further modified by agreement by the parties as a result of software implemented and deployed by the parties. City desires to engage Contractor to render such services as set forth in this Agreement Services Agreement for Alarm Management Alireement 1. Terms of Agreement 1.1 The initial term of this Agreement shall be for a period of three (3) calendar years. The City of Corpus Christi reserves the option of extending the Agreement(s) as an automatic renewal on a bi- annual basis for additional two (2) year terms, or portions thereof. 2. FEES AND PAYMENTS 2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in pricing included in this contract as Exhibit "B" The compensation is based on a revenue sharing model. 2.2 Payment of Special Services. At any time during the term of this Agreement, City may request that Contractor perform Special Services as laid out in the RFP document. As used herein, "Extra Work" means any work which is determined by City to be necessary for this contract, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall undertake such services after receiving the authorization from the City, and shall submit the itemized invoices with net 15 days payment terms to; City of Corpus Christi Corpus Police Department PO Box 9277 Corpus Christi, Texas 78469 3. RESPONSIBILITIES OF CONTRACTOR 3.1 Contractor agrees to and shall defend, indemnity and hold harmless City, its officers, employees, agents and volunteers from and against all claims, damages, losses and expenses, including attorney's fees and litigation costs and expenses, arising out of the performance of the work described herein, caused in whole or in part by any negligent actor omission of Contractor, any subcontractor of Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful . misconduct of City. Lack of insurance coverage does not negate Contractor's obligation under this paragraph of this Agreement. 3.2 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City. City shall have the right to contrroQl Contactor only insofar as the results of Services Agreement for Alarm Management Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 4. CIT"'s RESPONSIBILITY City shall cooperate with and assist Contractor by, among other things, making available, as reasonably requested by Contractor, management decisions, personnel, information, approvals, IT assistance and acceptance that are needed by the Contractor to carry out its obligation under this agreement. 5. INSURANCE REQUIREMENTS Contractor shall, at its own expense, purchase, maintain and keep in force during the term of this contract such insurance as set forth below. Contractor shall not commence work under this contract until it has obtained all the insurance required under this contract and such insurance has been approved by City, nor shall Contractor allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been obtained and approved. The insurance requirements shall remain in effect throughout the term of this contract. Contractor, at Contractor's sole cost, shall purchase and maintain, during the term of this Agreement, insurance coverage providing not less than the following: B. Comprehensive or Commercial General Liability: $500,000 combined single limit per occurrence for bodily injury, personal injury or death and property damage. The coverage's under this policy shall include those found in the Comprehensive General Liability Broad Form endorsement. This policy shall have no standard coverages removed by exclusions. C. Automobile Liability: $500,000 combined single limit per accident for bodily injury and property damage. Coverage should be provided as a "Code 1," any auto. D. Workers' Compensation and Employers' Liability: Statutory. Employers Liability policy limits of $100,000 for each accident, $500,000 policy limit- Disease. E Ail insurance policies, other than Professional Liability, provided under this contract shall be written on an "occurrence" basis. F. The City of Corpus Christi shall be named as additional insured on the General Liability and Automobile Liability insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by that insurer to bind coverage on its behalf. If Contractor, for any reason, fails to maintain insurance coverage which is required under this agreement, the failure shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement. Services Agreement for Alarm Management G. Each insurance policy shall be endorsed to state that coverage shall not be canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been provided to the City, or in the event of cancellation because of nonpayment of premium, that the insurer shall give written notice to the City not later than ten (10) days following cancellation, H, Insurance is to be placed with insurers with a Best rating of no less than A:VI!. Insurers must be duly authorized to transact business in the State of Texas. 1. Workers' Compensation and Employers' Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from the activities under this contract. J. Certificates of Insurance shall be submitted on the Acord form only. Certificates and endorsements effecting coverages required by this clause shall be forwarded to: Assistant Director of Financial Services PQ Box 9277 Corpus Christi, TX 78469 Upon written request of the City, Contractor shall provide to City certified copies of all required insurance policies. 6. TERMINATION OF AGREEMENT 6.1 Grounds for Termination. 6.1.1 City shall inform in writing to Contractor, if Contractor fails to perform its duties under this agreement with a 90 days window to correct the problem. Contractor shall remedy the problem with -in 90 days from the receipt of such notices. Should Contractor fail to remedy the problem with 90 days, City may terminate this agreement. 6.1.2 The City may terminate this agreement any time by giving 90 days written notice to Contractor. City shall pay all that is payable under this agreement to Contractor till the day Contractor provides services under this agreement. 6.1.3 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. Specifically, in the event the City shall terminate this Agreement: —46— Services Agreement for Alarm Management 6.1.4 All data relating to alarm permits shall be owned by the City. Upon termination of this agreement, Contractor shall deliver to the City of Corpus Christi all data in MS -SQL format. 6.1.5 Contractor retains all right and title to the Application software, including but not limited to, all publication rights, all development rights, all reproductions rights, and all rights that may follow from the commercial development of the software. The City does not acquire any ownership rights to the Application software. The Software is protected in favor of PMAM, as well as any future registered trademarks, are trademarks of PMAM. 6.1.6 The proprietary software is considered loaned to the City during the duration of this agreement as laid out in this contract and the City of Corpus Christi will not have any access to PMAM's proprietary software after the conclusion of the contract. 7. Confidentiality of City Information 7.1 At all times, the Contractor shall recognize the City's sole and exclusive ownership of all documents and information provided by the City or generated by Contractor, based on information provided by the City relating to the basic and special services, and the sole and exclusive right and jurisdiction of the City to control the use of this information. 7.2 The Contractor agrees that neither it, or its employees, subcontractors, agents, or parent company shall disclose confidential information, to any person or to anyone except as necessary to perform the basic and special services under this Proposal, including other subsidiaries within Contractor without the expressed written permission of the City or unless required to do so by law. 7.3 The Contractor shall further agree that in the event that any documents containing confidential information should be improperly used or be removed in any way from the possession or control of the Contractor or by anyone except the City or authorized representatives, the Contractor shall immediately notify the City orally and in writing, and shall join with the City at their request in taking such reasonable steps as the City may deem advisable to enjoin the misuse and regain possession of such confidential information, or steps otherwise necessary for the protection of the City's rights and the confidentiality of the information. 7.4 The Contractor agrees to return any and all data furnished and information derived hereunder promptly upon a request by the City and its authorized designee. 5 —47— Services Agreement for Alarm Management 8. GENERAL PROVISIONS 8.1 Entire Agreement. This Agreement and its attachments constitute the sole and only agreement between the parties and supersedes any prior understandings written or oral agreements between the parties with respect to this subject matter. 8.2 Assignment. PMAM may not assign this Agreement without the prior written consent of City. in the event of an assignment by PMAM to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 8.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in Harris County, Texas. 8.5 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 8.6 Deleted. 8.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail or overnight courier to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: City: City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 Contractor: PMAM Corporation 105 Decker Court #675 Irving, Texas 75062 48— Services Agreement for Alarm Management 8.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. the IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day in the year Municipality PMAM Corporation By By Assistant Director, Financial Services Attest: By: Name: Title: Approved as to Form: By: Name: Title: City Attorney Attest: —49— Pankaj Kumar, CEO By: Name. Title: Page 17 Services Agreement for Alarm Management Exhibit A - Scope of Work and Contract Requirements Scope of Work: It will be the Contractor's responsibility to provide, install, and operate the False Alarm Reduction Program based on a "False Alarm Management Solution" system hereafter referred to as a FAMS system and all other necessary equipment and services on a "software as a service" basis. The Contractor shall develop FAMS system interface to upload data from the Municipality Police Department's (PD) Record Management System (RMS) and Geographical Interface System (GIS) Systems as an integral part of maintaining compliance with the alarm ordinance. The Contractor shall accurately convert all pertinent data downloaded from the Municipality's current primary alarm and accounts /receivable databases to populate the FAMS system. Effective interfaces shall ensure that all parties share and benefit from the most current and accurate information and do not cause any disruption to the Municipality and PD!s operations. Contractor shall provide appropriate supplies and services including but not limited to; 1. Single point of contact and daily citizen assistance 2. Maintain databases: a. Alarm registrations b. Registration Holder c. Registration Holders with outstanding charges d. Non - Registration Holders with outstanding charges e. Address verification database. f. Provide real -time and tape transfer between FAMS and PD RMS system. 3. The Contractor will perform the collection of payments in accordance with the rates established by the alarm ordinance, 4. Contractor shall perform all the billing in accordance with the Municipality's alarm ordinance, as may be amended from time to time by the Municipality. 5. The system installed by the Contractor shall generate the following reports including but not limited to: a. New alarm registrations issued and fees collected b. Annual registration renewals billed and fees collected c. Registrations inactivated and reason for inactivation d. Registrations reactivated and reason for reactivation e. Number of false burglar alarms f. Number of false burglar alarms billed and fees collected Pagel 8 Services Agreement for Alarm Management g. Number of false robbery alarms h. Number of false robbery alarms billed and fees collected 1. Number of reinstatement fees billed and fees collected j. False burglary and /or robbery alarms for registration owners k. False burglary and/or robbery alarms for non - registration owners I. Suspension Report for registration holders as per ordinance if applicable. 6. The system shall be able to maintain the following critical dates: a Original registration issue date b. Annual registration renewal date c Registration suspension date if applicable d. Registration reinstatement date if applicable e. Start date for new twelve -month period upon reinstatement of registrations suspended for excessive alarms if applicable. f. Date of each false alarm, 7. The system shall have ability to identify: a Registration holder b. Non- registration holder 8. The system shall have ability to capture the following information; a Registration number b. Registration issue date c. Registration expiration date d. Registration type (commercial / residential) e. Name of business or residential applicant / holder f Site; 1) Street address and zip code of property 2) Type of property (residential 1 commercial) 3) Telephone numbers 4) Contact persons (minimum of 2) and phone number(s) 5) Type of alarm system installed (burglary, panic, robbery) g. Billing: 1) Name 2) Full mailing address (includes zip code) 3) Contact person and phone number(s) h. Registration Holder Responsible for Alarm; 1) Name 2) Complete mailing address 3) Phone numbers i. Name and telephone number of alarm monitoring company j. Name and telephone number of company that installed the alarm system k. Special Medical Concerns I. Pet Information PageI9 Services Agreement for Alarm Management 9. The system shall have ability to perform address validation against PD RMS database. 10. The system shall have the ability to maintain an alarm company master file, which includes: a Assigned code number b. Name, address, and telephone number of business c Manager's name, and telephone number 11. The system shall have the ability to automatically generate a registration number. 12. The system shall have the ability to maintain reasons for denial of issuance of registration as per the ordinance. 13. Ability to generate renewal notices and second renewal notices automatically within specified periods. 14. Ability to generate suspension notices based upon Municipality Ordinance. 15. Ability to generate notice to alarm users without permits. 16. Ability to generate notice to permit holders with one false robbery or other manually activated alarm within a 12 -month period. 17. Ability to maintain historical information on registration issuance, renewal, suspension and reinstatement on each property. 18. Ability to maintain current registrations status information. 19. Ability to maintain incident count (true /false alarms) information on each registration. 20. Ability to perform search on permit holder and business name. 21. Ability to print registrations 22. Ability to interface with PD RMS system as follows: a. Transfer on line and /or via tape a skeleton version of entire registration database from FAMS system to RMS including the following: 1) Registration number (or non - registration identifier) 2) Name 3) Location 4) Registration status 5) Expiration date 6) Last incident date and time Page 110 Services Agreement for Alarm Management 7) Alarm type 8) False alarm incident count b. Transfer on line and/or via tape incident records from RMS to FAMS including: 1) Incident number 2) Priority 3) Call code 4) Disposition 5) Date 6) Trne: (a) received (b) dispatched (c) arrived (d) cleared 7) Remarks 8) Site name and address 9) Reportee name, address, phone number 10) Dispatcher- employee number and terminal 11) Phone clerk - employee number and terminal 12) Cleared code and disposition (true /false) 13) Officer number 14) Unit(s) assigned 23. Ability to make adjustments /corrections on fees at the request of the Municipality. 24. Ability to make adjustments /corrections on fees relating to accounting errors. 25. Ability to generate incidents manually for account. 26. Ability to issue notice to registration holders with excessive false alarms. 27. Ability to issue notice to non registration holders with false alarms. 28. Ability to accept/establish temporary account numbers for non registration holders who have incurred false alarm charges. 29. Ability to transfer a temporary account number charges to a permanent account (registration) number. 30. Ability to maintain a table of fees in accordance with the Municipality Alarm Ordinance. 31. Ability to generate renewal notices and second notices for active registrations. 32. Ability to determine false alarm charges based on the Municipality Alarm Pagel11 Services Agreement for Alarm Management Ordinance. 33. Collection requirements and provisions. PMAM will design, implement and maintain a system to serve as the billing and collections agent and accounts receivable (NR) manager for the Municipality false alarm program. The Contractor will provide all hardware, software, materials, supplies, space, and staff resources as required. The system will meet the following collection specifications: a Bill format will provide stub or appropriate remittance form to accompany payment b. Bill format, registration forms, envelopes, related correspondence will identify to the customer a Contractor staffed and maintained office to answer questions about bills and related false alarm system information c. Bill content and other correspondence will provide instructions directing the customer to call a Contractor maintained and staffed phone number to answer questions about billing, bill status, and other false alarm system matters. Questions concerning the validity of any response or action taken by an employee(s) of PD regarding a specified alarm call will be directed to a representative of the police department d. All bill, correspondence and related matters will be approved by the Municipality. e. Bills will be due in time lines specified in the Ordinance and or rules and regulations as appropriate. f. Record of bill will be retained by Contractor to apply to Account Receivable system (AIR) to be maintained by Contractor. g. Contractor will develop an AIR file, which the Municipality will have access to review at any time. h. System will provide the ability for the Municipality to print a bill for customers wanting to make payment at the walk in cashier location(s) of the Municipality and to provide on -line information to the Contractor regarding such payments so that Contractor can maintain NR file. i. Contractor will provide the ability for customer to pay on -line, mail and walk -in cashier. j. Payments made by mail will be directed to a PO Box address in Irving, Texas Pagel 12 Services Agreement for Alarm Management maintained and managed by the Contractor. k. Contractor system will track bad check occurrences and occurrences where customer stop payments have been ordered. 1. Contractor will provide system for billing the customer for the appropriate bad check fee charges and charges for stop payment situations. m. When applicable, the billing and NR system will be integrated with the appeals hearing functions to be developed by the Contractor in order to provide for integration of abatements, appeals hearing results and other appeals process adjustment to the AIR system. n. Within thirty (30) days of termination, or at the end of the contract period, the Municipality will in writing request to the Contractor; and the Contractor will then turn over to the Municipality; all records, files, database and related project information and materials. 34. Ability to generate billing for alarm charges which includes the following information: a. Summary information: 1) Previous / past due amounts 2) New charges 3) Payments 4) Adjustments 5) New balance due. b. Detail information 1) Type of incident 2) Date 3) Time received 4) Reason / description 5) Charge if applicable 35. Ability to show all incidents and their associated charges during the current billing period. 36. Ability to provide itemized balance forward capabilities on billings. 37. Ability to generate the following reports: a Exception listing of registrations /non- registrations, exceeded established limitations. b. Listing of registrations by 1) Alarm company —55— which has Page 13 Services Agreement for Alarm Management 2) Registration number 3) Site address 4) Business / Owner name 5) Police Sector c. Listing of registration counts in all categories d. Listing of outstanding charges e. Monthly Alarm company roster f. An incident exception report generated during daily incident update process from RMS g. Daily activity reports including 1) New registrations 2) Renewal notices 3) Second notices 4) Account billings 5) Incidents processed Processing The Contractor shall provide the services covered under this agreement and Scope from its offices in Irving, Texas (at the present time) and make available hardware and software and services necessary to establish and provide the False Alarm Reduction program service. The computer system shall produce various notices including violations (finable and non - finable), and maintain appropriate data required. Contractor personnel shall perform all work under this agreement and supply appropriate supplies and services, including but not limited to: 1. Hardware /software to maintain all data in reference to this agreement. 2. Provide personnel to perform all pertinent duties under this agreement. Contractor's Obligation In addition to the above, the contractor shall: 1. Maintain the proposed equipment, hardware, and software, documentation, and support services for the equipment installed, including the timely incorporation of all engineering changes. 2. Ensure that all components of the system, which might be capable of corruption by virus, are virus -free and that industry proven protection mechanisms are provided. 3. Supply the Municipality with an interface document describing the type, size, location, and medium of transfer from the Municipality RMS. Pagel 14 Services Agreement for Alarm Management 4. Defer to the Municipality regarding the waiver of any false alarm fee incurred where there is question about the validity of any response or action taken by an employee(s) of the Municipality regarding a specified alarm call. 5. Send letter of violation of Municipal ordinance to alarm users without permits. 6. In addition, the Contractor shall keep records as listed below: a.Total violations per location by hour of day, day of week, week of month, month of year, or year b.Total payments received by day of week, week of month, month of year, or year c. Total number and dollar amount of delinquent offenders d.List of delinquent offenders e. Statistical report of billing and collection by fee type f. Statistical report of billing and collections by service number g. Statistical report of violation activity by service number and disposition h. Statistical report of revenue collected or billed by type (fine, late fee). i. List of outstanding fees owed (not delinquent) j. Total collections by payment date and incident or registration number. k. Number and list pursuing appeals process through Alarm Review Board /Appeals process at PD I. Disposition of all court action m. Number and list for non - finable violations by exception code 7. When possible, reports shall be produced based on the entry of variable parameters. Threshold fields shall allow a specific date range or other criteria. All report searches, when possible shall allow for multiple parameters. 8. Contact Tracking: The software shall allow personnel to record information obtained as the result of telephone calls or other communication, regarding a violation, registration status or informational change made to registration. This information shall be attached to the violation and/or registration data as a contact history file. This attached file shall record relevant data and include: 1) Date and time of contact 2) Contact's (caller) name 3) Brief comments Training 1. The Contractor shall provide training for Municipality and Police Department employees. Training shall be conducted in several sessions on an as needed basis. Page 115 Services Agreement for Alarm Management System Coordination 1. The Contractor shall coordinate with the Municipality's Department of Finance, Information Services and the Police Department to develop a system that will allow walk -in payments under the contract. 2. The Contractor shall provide during the life of the contract on -going computer hardware, software support and maintenance to ensure uninterrupted operation. 4. The Contractor under this solicitation shall establish and provide public education, awareness and information regarding the Municipality False Alarm Reduction Program. Page116 Services Agreement for Alarm Management Exhibit "B" Pricing and Rece pt of Collections This is a revenue sharing contract. The contractor shall retain 28% (28 percent) of all collections and remit the 72% (72 percent) balance to the Municipality for the total of the actual revenues generated and collected for the Municipality during the life of this contract including all adjustments for: a Alarm registration and renewal fees; b. False alarms violation fee above a mandated limit; c. Reinstatement fees; d. Late fee for false alarms, initial registration and renewal fees; Other charges imposed by the Municipality in relation to False Alarm Reduction Program except for criminal penalties. The contractor shall provide and pay for all facilities, products, labor, materials, maintenance, tools, delivery, transportation, and other facilities and services necessary to implement the FAMS system and perform the work required under this contract. The Municipality will not accept any charges from the Contractor toward the provisions or operation of this service except the revenue sharing portion proposed by the Contractor. Pagel 17 Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF CONROE, TEXAS, TO ALLOW THE CITY OF CORPUS CHRISTI TO SECURE A FALSE ALARM MANAGEMENT PROGRAM COMPETITIVELY PROCURED BY THE CITY OF CONROE. WHEREAS, the City of Corpus Christ, Texas, and the City of Conroe, Texas, desire to enter into an Interlocal Agreement in accordance with the provisions of the Texas Interlocal Cooperation Act (Chapter 791, TEXAS GOVERNMENT CODE) to allow the City of Corpus Christi to secure a false alarm management program competitively procured by the City of Conroe; • 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 Interlocal Agreement with the City of Conroe, Texas, to allow the City of Corpus Christi to secure a false alarm management program competitively procured by the City of Conroe. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: January 27, 2011. Brian Narviez Assistant City Attorney For City Attorney Page 2 oil Corpus Christi, Texas of , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott Linda Strong 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/08/2011 AGENDA ITEM: Ordinance appropriating $20,000 from the Radio System Capital Replacement Reserve Fund, amending the FY 10 -11 budget, adopted by Ordinance No. 028683 to increase appropriations by $20,000 in the No. 1020 General Fund Police Department budget to pay for software upgrades for the 800 MHz radio system and declaring an emergency. ISSUE: The capital replacement funds must be appropriated in order to be used to upgrade software for radio system. BACKGROUND INFORMATION: The Harris Software FX upgrade will bring the radio system control switch used by all City Departments to the latest software version. This will allow connection to the latest hardware equipment being purchased through various federal grants. The purchase will be made from Dailey & Wells Communications for $40,000 with the Police. General Fund providing the other $20,000 from radio equipment maintenance. The $40,000 purchase order is being handled administratively. The radio system capital replacement fund was established by the interlocal agreement between the City and the RTA. It calls for "any sums received by the City /RTA for capital contributions by governmental entities participating in the radio system shall be held in an account by the City designated as the Radio System Capital Replacement Reserve. " Each governmental entity coming onto the system is required to pay a fee of $562.50 for each radio added. REQUIRED COUNCIL ACTION: Approval of appropriation. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation D. Troy Ri Chief of P Trovr a( cc 886 -2603 Attachments tit kl1 ;s's d e exas.com ORDINANCE APPROPRIATING $20,000 FROM THE RADIO SYSTEM CAPITAL REPLACEMENT RESERVE FUND, AMENDING THE FY 10-11 BUDGET, ADOPTED BY ORDINANCE NO. 028683 TO INCREASE APPROPRIATIONS BY $20,000 IN THE NO. 1020 GENERAL FUND POLICE DEPARTMENT BUDGET TO PAY FOR SOFTWARE UPGRADES FOR THE 800 MHZ RADIO SYSTEM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,000 is appropriated from the Radio System Capital Replacement Reserve Fund, amending the FY 10 -11 budget, adopted by Ordinance No. 028683 to increase appropriations by $20,000 in the No. 1020 General Fund Police Department budget to pay for software upgrades for the 800 Mhz radio system. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of February, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved/as to form: January 24, 2011 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2011 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 The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/08/11 AGENDA ITEM: Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Corpus Christi/Nueces County Local Emergency Planning Committee ( "LEPC ") for acquisition, management, operation, and maintenance of a vehicle for LEPC. ISSUE: The LEPC Administrator is in need of a reliable vehicle for public presentations, meetings and training program throughout Nueces County. The City, with funds provided by the LEPC, will purchase a vehicle through the Houston Galveston Area Council procurement system, for the use of the LEPC Administrator. Purchase cost is included in the current LEPC Budget. LEPC will pay the City up to a maximum of $28,000 for the purchase to the vehicle. The purchase price will include the costs of the vehicle with title and registration. The LEPC will pay for the vehicle's fuel and oil changes. After the 36 month warranty runs out the LEPC will assume maintenance cost. The vehicle will revert to Fire Department property when the LEPC will no longer have use for the vehicle. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute an Interlocal Cooperation Agreement. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approving the resolution to execute an Interlocal Cooperation Agreement with the Corpus Christi/Nueces County LEPC to purchase a vehicle for the LEPC. Richard Hooks Fire Chief RLH @cctexas.com (361) 826 -3932 Attachments 1. Resolution 2. Interlocal Agreement Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI /NUECES COUNTY LOCAL EMERGENCY PLANNING COMMITTEE ("LEPC") FOR ACQUISITION, MANAGEMENT, OPERATION, AND MAINTENANCE OF A VEHICLE FOR THE LEPC NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with the Corpus Christi /Nueces County Local Emergency Planning Committee ( "LEPC ") for Acquisition, Management, Operation, and Maintenance of a Vehicle for the LEPC. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interiocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 30th day of November, 2010. R. Jay eining First ssistant'City Attorney For City Attorney LEPC VEHICLE INTERLOCALAGREEMENT RES -- 11302010 -72- Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong LEPC VEHICLE INTERLOCALAGREEMENT RES -- 11302010 —73— Page 2 of 2 INTERLOCAL AGREEMENT FOR ACQUISITION, MANAGEMENT, OPERATION, AND MAINTENANCE OF A VEHICLE FOR THE LEPC This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ( "City") and the Corpus Christi /Nueces County Local Emergency Planning Committee ( "LEPC "). Recitals NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties "), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Purpose. The purpose of this Agreement is to acquire, manage, operate, and maintain a vehicle for the use of the LEPC's Administrator, and other users authorized by the LEPC Administrator. 2. Scope of Services. a. The following services to be performed by the City: (1) The City, with funds provided by the LEPC, will purchase a vehicle through the Houston Galveston Area Council procurement system, for the use of the LEPC Administrator, and other users authorized by the LEPC Administrator. b. The following services to be performed by the LEPC: (1) LEPC will pay the City up to a maximum of $28,000 for the purchase vehicle. The purchase price will include the costs of the vehicle with title and registration. (2) LEPC will use the vehicle for public presentations, meetings, and training programs, and will allow the vehicle to be used by the City's Fire Department for City business. (3) LEPC will pay for the vehicle's fuel, oil changes, maintenance, and other needed work. 3. Implementation. The City Manager and LEPC Administrator are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. Page 1 of 4 LEPC VEHICLE INTERLOCALAGREEMENT 01202011.doc —74— 4. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 5. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 6. Administrative Services, The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 7. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 8. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 9. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 10. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 11. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 12. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect Page 2 of 4 LEPC VEHICLE INTERLOCALAGREEMENT 01202011.dac —75— without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 13. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 14. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 15. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 16. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 17. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self- insurance it should maintain for such situations. 18. No Liability of Parties to One Another, One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 19. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.Q. Box 9277 Corpus Christi, Texas 78469 -9277 Page 3 of 4 LEPC VEHICLE INTERLOCALAGREEMENT 01202011.doc -76- Corpus Christi /Nueces County Local Emergency Planning Committee: [OTHER PARTY'S ADDRESS] b. The parties to this agreement may specify to the other party in writing. 20. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 21. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 22. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Page 4 of 4 LEAC VEHICLE INTERLOCALAGREEMENT 01202011.doc -77- PARTICIPATION NOTICE I hereby notify the Parties that Corpus Christi /Nueces County Local Emergency Planning Committee has approved participation in the Interlocal Agreement for Acquisition, Management, Operation, and Maintenance of a Vehicle for the LEPC, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. 'Angel R. Escobar Date City Manager LEPC VEHICLE INTERLOCALAGREEMENT 01202011.doc —78— PARTICIPATION NOTICE I hereby notify the Parties that Corpus Christi /Nueces County Local Emergency Planning Committee has approved participation in the Interlocal Agreement for Acquisition, Management, Operation, and Maintenance of a Vehicle for the LEPC, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. r,(tM , [NAME] [TITLE] LEPC VEHICLE INTERLOCALAGREEMENT 01202011.doc _7g_ Date 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 8, 2011 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a renewal Professional Services contract with Granicus, Inc. of San Francisco, California, in the amount of $30,600. The renewal contract is for one year, with automatic renewals of three additional one - year terms, subject to appropriation of funds for a total amount not to exceed $122,400. ISSUE: Software and hardware must be maintained to allow for continued operation of the media streaming system, upgrades and improvements and to ensure that it stays compatible with other systems. Granicus, Inc. provided a quote for annual maintenance from February 1, 2011 through January 31, 2012. Granicus, Inc. is the sole provider of Granicus application software and hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: In August 2006, City Council approved selection of the Granicus system. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented Michael Armstrong Director of MIS 361 - 826 -3735 michaelar @cctexas.com Attachments Granicus contract BACKGROUND INFORMATION For a number of years, the City of Corpus Christi has provided video streaming services on the City web site for live and archived City Council meetings, public communications about major projects, public service announcements, and information on City services. In August 2006, City staff completed a bid process for video streaming services and the City Council approved selection of the Granicus system. This included servers, hardware, software, training and maintenance. Granicus video streaming provides automated archiving, "jump -to" indexing for video and documents, and keyword searches for archived media. Viewers have the ability to see the City Council meeting video along with the meeting agenda document on the same web page and quickly move both to specific items. Granicus offers redundant, high -speed network distribution with unlimited bandwidth to eliminate the problems of high bandwidth usage associated with internal and archived viewing. The Granicus system also included the future capability for the Police and Fire Departments to web cast live from their facilities for regular communications with and training for their staff. City departments, such as Human Resources, could web cast personnel meetings and training in one session with a live web cast from the City Council Chambers, with automated archives for future reference and broadcasting regarding employee benefits, policies and procedures. In June 2009, the City Manager approved a First Amendment to the Granicus Services Agreement for purchase and implementation of the Granicus' Learning Management Software System in the amount of $1,700 for the software and the monthly managed services of $2,400 including training and maintenance. MIS staff is currently working on interfacing the Learning Management System with existing databases and active directories. Once the interface is completed, the Fire and Human Resources Departments will create, manage and deliver online video training to employees, easily making training accessible to all staff and citizens. In addition, we will reduce training costs with online video training, give staff control with self -paced learning through a training portal, more training with fewer resources, and the capability to educate citizens with trainings from our web site. Currently, the City's web site provides the Media Resource Center portal with live and archived videos, which include the Public Information Offices City Snapshots, Police Department Crime Prevention videos, promotional videos for the Bayfront Marina and Museum and several videos on Environmental Sustainability. Although some production slowed due to last year's economic constraints, many are timeless such as the public safety public service announcements. We continue to stay with new emerging technology including the use of MP4 video, as well as RSS Feeds available for all media. Government agencies at the local level face enormous challenges keeping citizens engaged and staff informed. Traditional communication channels break -down when information is not published timely and cannot easily be consumed. With Granicus Open Platform, we can broaden awareness and share meetings, events, and programs, conveniently through a citizen - facing web portal. The platform is easy to use, fast to deploy, and can be managed from anywhere at anytime. The Government Transparency Suite keep constituents informed and share important policy decisions, reduce public inquiries with searchable self- service access online, import agendas and index videos live to eliminate hours of work, analyze viewership to measure and report on audience interest and reach a broader audience on mobile devices and share with online communities. —$4— The new, Citizen Participation Suite is the most productive way to collect timely and actionable feedback from citizens by increasing participation in the public meeting process, give citizens a convenient way to get involved, modernize how we collect citizen comments, get citizens to comment on the issues at hand, and educate citizens and improve the quality of feedback. City staff recommends the renewal of the Granicus video stream services agreement and the transition to the Open Platform, Government Transparency and Citizen Participation Suites, which provide significant enhancement, functionality, and efficiencies. —85— GRANICUS, INC. SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "Agreement "), dated as of (the "Effective Date "), is entered into between Granicus, Inc. ("Granicus"), a California Corporation, and the City of Corpus Christi (the "Client "). A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale various streaming media solutions specializing in Internet broadcasting, and related support services; and B. WHEREAS, Granicus desires to provide and Client desires to (i) purchase the Granicus Solution as set forth in the Proposal, which is attached as Exhibit A, and incorporated herein, to facilitate streaming and distribution of live and archived digital media content, (ii) engage Granicus to integrate its Granicus Software onto the Client Website, (iii) use the Granicus Software subject to the terms and conditions set forth in this Agreement, and (iv) contract with Granicus to administer the Granicus Solution through the Managed Services set forth in Exhibit A. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants, representations and warranties herein contained, the parties hereto agree as follows: 1. GRANICUS SOFTWARE AND MANAGED SERVICES. 1.1 Software and Services. Subject to the terms and conditions of this Agreement, Granicus will provide Client with the Granicus Software, Professional Services, and Managed Services that comprise the Granicus Solution as outlined in Exhibit A. 2. GRANT OF LICENSE. 2.1 Ownership. Granicus, and/or its third party supplier, owns the copyright and/or certain proprietary information protectable by law in the Granicus Software. 2.2 Use. Granicus agrees to provide Client with a revocable, non - transferable and non - exclusive account to access the Granicus Software listed in the Solution Description and a revocable, non - sublicensable, non - transferable and non - exclusive right to use the Granicus Software. All Granicus Software is proprietary to Granicus and protected by intellectual property laws and international intellectual property treaties. Pursuant to this Agreement, Client may use the Granicus Software to perform its own work and work of its customers /constituents. Cancellation of the Client's Managed Services will also result in the immediate termination of the Client's Software license as described in Section 2.2 hereof. 2.3 Limited Warranty; Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this Agreement, Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with its applicable written specifications for as long as the Client pays for and receives Managed Services. Client's sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. Client agrees to comply with Granicus' reasonable instructions with respect to the alleged defective Granicus Software. The applicable written specifications are provided as an exhibit to this Agreement. 64 2.4 Limitations. Except for the license in Section 2.2, Granicus retains all ownership and proprietary rights in and to the Granicus Software, and Client is not permitted, and will not assist or permit a third party, to: (a) utilize the Granicus Software in the capacity of a service bureau or on a time share basis; (b) reverse engineer, decompile or otherwise attempt to derive source code from the Granicus Software; (c) provide, disclose, or otherwise make available the Granicus Software, or copies thereof, to any third party; or (d) share, loan, or otherwise allow another Meeting Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as expressly outlined in the Proposal. 3. PAYMENT OF FEES 3.1 Client agrees to pay all costs as outlined in Exhibit A. 3.2 Monthly billing for Managed Services shall begin forty -five (45) days after the receipt of a fully executed Agreement or the receipt of a purchase order for the up -front costs, whichever occurs first, as agreed upon in Exhibit A. 3.3 Client agrees to pay all invoices from Granicus within thirty (30) days of receipt of invoice, provided that Client agrees to pay the Managed Services Fee to Granicus on a monthly basis, no later than the first day of each month in advance of services. Granicus, Inc. shall send all invoices to: Name: (rw i e L.�c,1 , e- &Dv 54 -43 t-ti 4-1C Title: f:1 6 f' CD rrt.3 Oki-1'3 h. Address: p. o . Qc •x 6271 3.4 Upon renewal of this Agreement, Granicus may include (in which case Client agrees to pay) a maximum increase of the current CPI percentage rate (as found at The Bureau of Labor and Statistics website L L- 3:iliv ti, =__ L—. ,P P ') or three (3) percent a year on Client's Managed Services Fee, whichever is larger. 3.5 Training Cancellation Policies. Granicus' policies on Client cancellation of scheduled trainings are as follows: (a) Onsite Training. For any cancellations within forty -eight (48) hours of the scheduled onsite training, Granicus, at its sole discretion, may invoice the Client for one hundred (100) percent of the purchased training costs and all travel expenses, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. (b) Online Training. For any cancellations within twenty -four (24) hours of the scheduled online training, Granicus, at its sole discretion, may invoice the Client for fifty (50) percent of the purchased training costs, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. 3.6 Additions. Granicus, at its' sole discretion, may add features or functionality to existing product suite bundles for various reasons, including to enhance Granicus' offerings, or improve user satisfaction. During the initial period of this Agreement, the customer understands that the use of these additional products is included in the originally agreed upon monthly managed services fees. At contract renewal, the customer acknowledges that this added functionality may have additional monthly managed service charges associated with it and that monthly managed services rates on renewals may have a higher rate than preceding years. 4. CONTENT PROVIDED TO GRANICUS 4.1 Responsibility for Content. The Client shall have sole control and responsibility over the determination of which data and information shall be included in the Content that is to be transmitted, including, if applicable, the determination of which cameras and microphones shall be operational at any particular time and at any particular location. However, Granicus has the right (but not the obligation) to remove any Content that Granicus believes violates any applicable law or this Agreement. 4.2 Restrictions. Client shall not provide Granicus with any Content that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) violates any Iaw, statute, ordinance or regulation, including without limitation the Iaws and regulations governing export control and e- mail/spam; (iii) is defamatory or trade libelous; (iv) is pornographic or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or activity; (v) contains any viruses, or any other similar software, data, or programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data, information, or property of another. 5. TRADEMARK OWNERSHIP. Granicus and Client's Trademarks are listed in the Trademark Information exhibit attached as Exhibit D. 5.1 Each Party shall retain all right, title and interest in and to their own Trademarks, including any goodwill associated therewith, subject to the limited license granted to the Client pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the other Party' s Trademarks pursuant to this Section 5 terminates. 5.2 Each party grants to the other a non- exclusive, non- transferable (other than as provided in Section 5 hereof), limited license to use the other party's Trademarks as is reasonably necessary to perform its obligations under this Agreement, provided that any promotional materials containing the other party's trademarks shall be subject to the prior written approval of such other party, which approval shall not be unreasonably withheld. 6. LIMITATION OF LIABILITY 6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus' services, software and deliverables are provided "as is" and Granicus expressly disclaims any and all express or implied warranties, including but not limited to implied warranties of merchantability, non - infringement of third party rights, and fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services will be uninterrupted or error free. In the event of any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to restore access. 6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, Granicus and its suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability to access the services, software, content, or related technical support; damages or costs relating to the loss of: profits or revenues, goodwill, data (including loss of use or of data, loss or inaccuracy or corruption of data); or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages and even in the event of the failure of any exclusive remedy. 7. CONFIDENTIAL INFORMATION & OWNERSHIP. 7.1 Confidentiality Obligations. Confidential Information shall mean all proprietary or confidential information disclosed or made available by the other party pursuant to this Agreement that is identified as confidential or proprietary at the time of disclosure or is of a nature that should reasonably be considered to be confidential, and includes but is not limited to the terms and conditions of this Agreement, and all business, technical and other information (including without limitation, all product, services, financial, marketing, engineering, research and development information, product specifications, technical data, data sheets, software, inventions, processes, training manuals, know -how and any other information or material), disclosed from time to time by the disclosing party to the receiving party, directly or indirectly in any manner whatsoever (including without limitation, in writing, orally, electronically, or by inspection); provided, however, that Confidential Information shall not include the Content that is to be published on the website(s) of Client. 7.2 Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information. The receiving party shall protect the Confidential Information using measures similar to those it takes to protect its own confidential and proprietary information of a similar nature but not less than reasonable measures. Each party agrees not to disclose the Confidential Information to any of its Representatives except those who are required to have the Confidential Information in connection with this Agreement and then only if such Representative is either subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality that cover the confidential treatment of the Confidential Information. 7.3 Exceptions. The obligations of this Section 7 shall not apply if receiving party can prove by appropriate documentation that such Confidential Information (i) was known to the receiving party as shown by the receiving party's files at the time of disclosure thereof, (ii) was already in the public domain at the time of the disclosure thereof, (iii) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof, or (iv) is required by law or government order to be disclosed by the receiving party, provided that the receiving party shall notify the disclosing party in writing of such required disclosure as soon as reasonably possible prior to such disclosure . 8. TERM 8.1 The term of this Agreement shall continence on the date hereof and shall continue in full force and effect for twelve (12) months after the date hereof. This Agreement shall automatically renew for an additional three (3) terms of one (1) year each, unless either party notifies the other in writing at least sixty (60) days prior to such automatic renewal that the party does not wish to renew this Agreement. This agreement may be terminated at any time upon sixty (60) days written notice, due to non - appropriation of funds during Client's annual budgetary process. If sufficient funds are not appropriated to continue the agreement in the upcoming fiscal year, then this agreement shall be terminated upon notice to Granicus. 8.2 Rights Upon Termination. Upon any expiration or termination of this Agreement, P44 10. MISCELLANEOUS. 10.1 Amendment and Waiver. This Agreement may be amended, modified, waived or canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement will not be a waiver of that provision or any further default. 10.2 Governing Law. The laws of the State of Texas shall govern the validity, construction, and performance of this Agreement, without regard to its conflict of law principles. 10.3 Construction and Severability. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect. 10.4 Independent Contractors. The parties are independent contractors, and no other relationship is intended by this Agreement. 10.5 Force Majeure. Other than payment obligations, neither party is responsible for any delay or failure in performance if caused by any event outside the reasonable control of the party, including without limitation acts of God, government regulations, shortage of supplies, act of war, act of terrorism, earthquake, or electrical, Internet or telecommunications outage. 10.6 Closed Captioning Services. Client and Granicus may agree that closed captioning or transcription services will be provided by a third party under this agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such independent third party 10.7 Granicus shall comply with the insurance requirements on the attached Exhibit F. [The remainder of this page left blank intentionally] PO -6 This Agreement consists of this Service Agreement as well as the following exhibits, which are incorporated herein by reference as indicated: Exhibit A: Proposal Exhibit B: Support Information Exhibit C: Hardware Exhibit Exhibit D: Trademark Information Exhibit E: Termination or Expiration Options Regarding Content Exhibit F: Insurance Exhibit IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, 1 ;approved as to form: --� ..;sa Agoii .8sistant T Attorney For City Attorney GRANICUS, INC. By Ed Roshitsh Its: Chief Operating Officer Address: 568 Howard Street, Suite 300 San Francisco, CA 94105 CITY OF CORPUS CHRISTI By: Name. Its: Address: Date. Pekt EXHIBIT A PROPOSAL [The remainder of this page is left blank intentionally.] Exhibit A 1/4/2011 To: City of Corpus Christi Annie Leal Customer Service Manager Via Email RE: Granicus_Proposal to_Corpus Christi ENT MV_SR 9 -6 -06 Effective February lst 2011 through January 31st 2012 Annie, Granicus looks forward in continuing our successful relationship with City of Corpus Christi. As you requested, we are submitting the following invoice which will serve as the renewal of our services as your streaming media solutions provider. The MediaManagerTM Monthly Management Services Fee of $2,550.00 for 12 months yields a total annual cost of $30,600. les been our pleasure to work with the City of Corpus Christi. At Granicus, we recognize that a great product is only part of what keeps out clients satisfied. For that reason, Granicus provides 24/7 technical support and onsite user training. We also take full responsibility for maintaining and monitoring the technology that powers your solution, so that you can avoid the cost of developing a team of streaming experts. When you need us we will be there to help. If you have any questions about our services, please do not hesitate to contact me. Sincerely, Ranikumar Annasami Account Manager Granicus, Inc. www.granicus.com • 568 Howard Street, Suite 0, San Francisco, CA 94105 • (415) 357 -3618 E ®granlcus. connecting government Pricing Monthly Managed Services (Granicus MediaManager) $1800.00 /mo Monthly Managed Services (Sectioned View Page) $50,00/mo Monthly Managed Services (Open Platform, Government Transparency and Citizen Participation Suites)* $700.00/mo Total Monthly Managed Services $2550.00/mo *Promotion: Free Month Managed Services Until July 1, 2011 on Open Platform, Government Transparency and Citizen participation Suites) - $700.00 /mo Granicus Managed Services All plans include full Managed Services, complete monitoring and maintenance of your on -site hardware and 24/7 technical and user support for your complete solution. Managed Services also include all software upgrades and bug fixes for all of the City's Granicus software components. The goal of our Managed Services program is to help the City realize the highest level of value and satisfaction from Granicus solution, without incurring additional or unexpected costs. Granicus Managed Services include the following. Technical and User Support Granicus offers continuous customer support and is dedicated to ensuring that the City is completely satisfied with Granicus products and services. Granicus staff are available to the City 24hrs a day, 365 days a year, via the contact info below. Direct (8 :00am to 6 :00pm Pacific time): 415 -522 -5216 Toll Free (8 :00am to 6 :00pm Pacific time): 877 -889 -5495 On -call Technical Support (available 24 hours, 7 days a week): 415- 637 -0520 Site: www.granicus.com Email: support@granicus.com Monitoring As part of the City's Managed Services Granicus will continually monitor, on a 24/7 basis, all the software and hardware included in your solution. Should any malfunction appear, Granicus will immediately notify the City and proceed to resolve the issue. Granicus is committed to repair or replace any non - functioning hardware, provided directly from Granicus, within. 24 hours for up to 3 years. Software Upgrades Granicus provides its software as a "Lifetime License ", and all software upgrades are included as part of your Managed Services program. This includes both the rights to use the upgraded software and any services required as part of the upgrade process. Bandwidth and Storage Through Granicus Managed Services we will provide all of the bandwidth and storage necessary to utilize your solution. The Granicus Managed Services plan includes "Unlimited Bandwidth" for streaming the City's live and on- demand content over the Internet through the Granicus Media CennterTM. www.granicus.com • 568 Howard Street, 5uie400, San Francisco, CA 94105 • (415) 357 -3618 ■ opgconnecting government The Granicus Managed Services plan also includes indefinite retention schedules for all public meetings. Sign to Accept proposal. Granicus, Inc. Return to representative: 568 Howard St., Ste 300 San Francisco, CA 94105 City of Corpus Christi Granicus, Inc. Client Signature: Signature: Date: Date: / �/. r20'% Approved as to form. Lisa Aguilar Assistant C Attorney For City Attorney www.granicus.com • 568 Howard Street, Sui 9.00, San Francisco, CA 94105 • (415) 357 -3618 EXHIBIT B SUPPORT INFORMATION 1. Contact information. The support staff at Granicus may be contacted by the Client at its mailing address, general and support-only telephone numbers, and via e-mail or the Internet. (a) Mailing Address. Mail may be sent to the support staff at Granicus headquarters, located at 568 Howard Street, Suite 300, San Francisco, California, 94105. (b) Telephone Numbers. Office staff may be reached from 8:00 AM to 7:00 PM Pacific time at (415) 357 -3618 or toll -free at (877) 889 -5495. The technical support staff may be reached at (415) 655 -2400 from 8:00 AM to 7:00 PM Pacific time. After hours or in case of a technical support emergency, the support staff may be reached at (415) 655 -2414, twenty -four (24) hours a day, seven (7) days a week. (c) Internet and E -mail Contact Information. The website for Granicus is htip : /,•';,1;,°ti;.v.ranicus.com. E -mail may be sent to the support staff at support @dranicus.com. 2. Recognized Client Representatives. Granicus strives to provide unparalleled support to its Clients by ensuring that Client staff is properly educated and is prepared to maximize its Granicus Solution. Any Client Representative who wishes to participate and receive Granicus customer advocacy services shall participate in and complete the training program that is suited for the Granicus Solution. Once a Client Representative completes the training, that Representative will be recognized in Granicus' internal system as qualified to receive support and ongoing education services. All Client Representatives are eligible to receive technical support services, regardless of participation in the training program. 3. Support Policy. When Granicus received notification of an issue from Client, a Granicus account manager or technical support engineer will respond directly to the Client via phone or e- mail with (a) an assessment of the issue, (b) an estimated time for resolution, and (c) will be actively working to resolve the issue as appropriate for the type of issue. Notification shall be the documented time that Granicus receives the Client's call or e-mail notifying Granicus of an issue or the documented time that Granicus notifies Client there is an issue. Granicus reserves the right to modify its support and maintenance policies, as applicable to its customers and licensees generally, from time to time, upon reasonable notice. 4. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Granicus will provide the Client with at least two (2) days prior notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency. In the case that emergency maintenance is required, the Client will be provided as much advance notice, if any, as possible under the circumstances. 5. Software Enhancements or Modifications. The Client may, from time to time, request that Granicus incorporate certain features, enhancements or modifications into the licensed Granicus Software. Subject to the terms and conditions to this exhibit and the Service Agreement, Granicus and Client will . use commercially reasonable efforts to perform all tasks in the Statement of Work ( "SOW "). Upon the Client's request for such enhancements /modifications, the Client shall prepare a SOW for the specific project that shall define in detail the Services to be performed. Each such SOW signed by both parties is deemed incorporated in this exhibit by reference. Granicus shall submit a cost proposal including all costs pertaining to furnishing the Client with the enhancements /modifications. -Mize- 9 5.1 Documentation. After the SOW has been executed by each party, a detailed requirements and detailed design document shall be submitted illustrating the complete financial terms that govem the SOW, proposed project staffing, anticipated project schedule, and other information relevant to the project. Such enhancements or modifications shall become part of the licensed Granicus Software. 5.2 Acceptance. Client understands that all work contemplated by this exhibit is on a "time- and - materials" basis unless otherwise stated in the SOW. Within ten (10) business days of Granicus' completion of the milestones specified in the SOW and delivery of the applicable enhancement/modification to Client, Client will provide Granicus with written notice of its acceptance or rejection of the enhancement/modification, based on the acceptance criteria set forth in the SOW. Client agrees that it will not reject any enhancement/modification so long as it substantially complies with the acceptance criteria. 5.3 Title to Modifications. All such modifications or enhancements shall be the sole property of the Granicus. 6. Limitation of Liability; Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION, GRANICUS' SOLE OBLIGATION, AND CLIENT'S EXCLUSIVE REMEDY, SHALL BE FOR GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. [End of Support Information] EXHIBIT C GRANICUS, INC. HARDWARE EXHIBIT THIS HARDWARE EXHIBIT is entered into by Granicus and Client, as an attachment to the Service Agreement between Granicus and Client, for the sale of the hardware components of the Granicus Solution (the "Hardware ") by Granicus to Client. This exhibit is an additional part of the Service Agreement and is incorporated therein by reference. This exhibit does not change any term of the Service Agreement except to the extent it is contrary to the Service Agreement. Capitalized terms used but not defined in this exhibit have the meanings given in the Service Agreement. 1. Purchase Price. The purchase price for the Hardware shall be the price specified in the Proposal. 2. Title and Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit. Delivery is F.O.B. Granicus' point of shipment. Granicus will select the shipment method unless otherwise mutually agreed in writing. The risk of loss passes to Client upon delivery to the carrier at Granicus' point of shipment. Granicus retains title to the Hardware until Granicus has received payment in full of all sums due pursuant to this exhibit. Granicus retains title to and ownership of all Granicus Software installed by Granicus on the Hardware, notwithstanding the use of the term "sale" or "purchase." 3. Acceptance. Use of the Hardware by Client, its agents, employees or licensees, or the failure by Client to reject the Hardware within fifteen (15) days following delivery of the Hardware, constitutes Client's acceptance. Client may only reject the Hardware if the Hardware does not conform to the applicable written specifications. 4. Hardware Warranty. Granicus will provide to Client any warranty provided by the manufacturer with respect to the Hardware. Granicus shall repair or replace any Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials as long as such Hardware is then under the manufacturer's warranty. 5. Service Response Time. For hardware issues requiring replacement, Granicus shall respond (via written or verbal acknowledgment) to the request made by the Client within twenty - four (24) hours. Hardware service repair or replacement will occur within seventy -two (72) hours of the request by the Client, not including the time it takes for the part to ship and travel to the Client. The Client shall grant Granicus or its Representatives access to the Hardware for the purpose of repair or replacement at reasonable times. Granicus will keep the Client informed regarding the time frame and progress of the repairs or replacements. 6. Use of Non - Approved Hardware. The Granicus platform is designed and rigorously tested based on Granicus- approved hardware. In order to provide the highest level of support, we recommend including Granicus- approved hardware in your solution. However, Granicus does afford clients with the option of utilizing their own hardware, providing that there is successful validation by Granicus technical staff. While it is Granicus' intention to provide clients that use their own hardware with the same level of customer care and continuous software upgrades, this level of service is not guaranteed. 7. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING THE MAINTENANCE PROVIDED UNDER SECTION 4 ABOVE, THE SOLE WARRANTY ON THE HARDWARE IS ANY MANUFACTURER'S WARRANTY AS PROVIDED IN SECTION 1 ABOVE, AND GRANICUS DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A 1'ioe PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT, WITH RESPECT TO THE HARDWARE. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF GRANICUS. 8. LIMITATION OF LIABILITY. GRANICUS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR. OTHERWISE, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. [end of Hardware Exhibit] EXHIBIT D TRADEMARK INFORMATION Granicus Registered Trademarks ® granicus• Granicus logo as a mark Granicus® MediaVault® Mobile Encoder® Outcast Encoder® StreamReplicator® Granicus Trademark Names TM Integrated Public Record' Intelligent Routing" LinkedMinutes"`' LiveManager' MediaCenterm' MediaManager" MeetingMemberT" MeetingServer'"' Simulcast Encoder VoteCast""` VoteCastm Classic VoteCast" Touch Client Trademarks EXHIBIT E TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT In case of termination by Client or expiration of the Service Agreement, Granicus and the Client shall work together to provide the Client with a copy of its Content. The Client shall have the option to choose one (1) of the following methods to obtain a copy of its Content: • Option 1: Video files on DVR and a compact disc (CD) that contains the index and clip name data in CSV or XIVIL format will be created and sent to the Client. This option may result in an additional charge to Client. • Option 2: Provide the Content via download from MediaManager or from a special site created by Granicus. This option shall be provided free of charge. • Option 3: Granicus shall provide the means to pull the content from the MediaVault in CSV or XML format. This option shall be provided free of charge. The Client and Granicus shall work together and make their best efforts to transfer the Content within the sixty (60) day termination period which begins on the date of termination of the agreement. Granicus has the right to delete Content from its services after sixty (60) days with prior written notice to Client to advise of the deletion date. EXHIBIT F- INSURANCE REQUIREMENTS I. GRANICUS 'S LIABILITY INSURANCE A. Granicus must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Granicus must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Granicus must furnish to the City Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as additional insured for the liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. independent Contractor 6. Personal Injury $1,000,000 Combined Single Limit Electronic Data Liability Insurance including 1. Professional Liability 2. Errors & Omissions $500,000 per claim / $1,000,000 aggregate Workers Compensation Employers Liability Applicable while on City premises Which complies with the Texas Workers' Compensation Act and Section II of this exhibit $500,000/$100,000/$500,000 C. In the event of accidents of any kind, Granicus, Inc. must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. 11. ADDITIONAL REQUIREMENTS A. Granicus must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Granicus's financial integrity is of interest to the City; therefore, subject to Granicuss right to maintain reasonable deductibles in such amounts as are approved by the City, Granicus shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Granicus's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Granicus shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Granicus shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Granicus agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Granicus shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Granicus's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Granicus's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Granicus to stop work hereunder, and /or withhold any payment(s) which become due to Granicus hereunder until Granicus demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Granicus may be held responsible for payments of damages to persons or property resulting from Granicus's or its subGranicus's performance of the work covered under this agreement. H. It is agreed that Granicus's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 4 k4F7 ®granicus. connecting government Solutions designed for government Granicus offers the first cloud platform and suite of applications designed specifically for government agencies that want to take advantage of the convenience and cost - efficiency of software -as -a- service. Our solutions enable government agencies to connect with citizens in meaningful new ways online, over mobile devices, or social networks. They also help boost staff efficiency and control costs through automated online processes that can be managed at anytime, from any location. Citizen Particlpat Ion 501TE Government Transparency SUITE Granicus Feature List Meeting Legislative Efficiency Management st,:rt:. stt -t Training Management St r=: Granicu? Open Platform Open Platform Features AR the features and benefits of the open platform are included with every Granicus purchase. Get started easily on a low cost platform that expands as your needs grow. Simply add -on additional product suites at anytime. Live & On- Demand Streaming VOY Intelligent Routing & Content Synchronization Multiple Media Formats 24!7!395 Availability & Proactive Monitoring Scream meetings end events to viewers at home, at work, or anywhere in the world live and on- demand, Intelligent routing to on -site or hosted distribution servers and data synchronization to optimize bandwidth and security. etas a arsipa a])el, �i�n3r�c=i Supports Microsoft Silvenlght, Windows Media Player, High-Definition, Wide Screen, and Adobe Flash. W Asp- Constant availability, persistent network monitoring, Intrusion detection, vulnerability assessments, and uptime guarantees. Publish multiple live or archived videos to a media portal embedded directly into your website using a standard look & feel. 1• RSS & Share Syndication Y41'' 00040 Deliver content with RSS subscription feeds, social media, and email sharing. Secure Logins and Permissions Site access restricted to authorized users end groups with tiered permission levels. Index Archived Videos 49,7mmunt ' nfe n tsLtb Rr, Content Encoding & Distribution Controls lsi Set index points In pre - recorded video for chapters or sections, post - production. ,Pr dill h h¢,ifs:061 r pk 0.ed 'e 1 p+ lV.hnt tfiedia irohi !anima; customers •••- tor no additional coal. Web -based administrative control and monitoring of encoding end distribution to on -site or hosted servers. Granlcus API ce:4t{1l Open API framework enables Integrations to other applications and in -house solutions. Partner Network Established partner network providing pre and post meeting features and functionality. " Network Assessments tRi 1 t¢.: „.r taro 4 ;„ FREE Platform Training Network assessments to eliminate network susceptibilities before installation. 4Ta 7i���i@re7olzst�it�re .', Includes free self -paced online training to setup and use the platform. �e�ket.. et 3han eltts'te xlg1riosa(+1 ra FREE Technical Support Includes free, live support from our award - winning technical team for common Issues. 5ti9 coward F1.rsis3t Su +to :100, i rr! Fr;ancla+:o- ^alilnrnia : a d EL'S r415l :35?-5618 ':a 201 t LrDtui. i!! ,. All rrwde €nary,, ,,rkn r • i jrr;es are tna err perry nt ! ?!air sesreciio-.� uwnart! ®granlcus. connecting government r nicus Feature List Product Features Apg 1patto la Document Linking & View In Player Reporting & Analytics 1 Export & Publish CC Transcripts Parse, Edit & Publish Agendas 401 wig Minutes Preparation Motion & Vote Automation Quick Notes '44 0100).. ern' Works with Microsoft Word V V Link to external documents and dynamically display documents or webpages within the video player, Real -lime analyllcs and charts to track and analyze viewership. :#040,1 €5 t es'ia,sb{uu tgxt Withithe :video: Review, edit, and export closed captioning transcripts and Instantly publish online. Y 0 1,4* ' Peitetit -ls agaitabl Parse existing agenda data, edit Items, generate, and publish an HTML agenda packet automatically. sa d,lgrt��r Pre -load agendas, attendees, motions, and notes and be better prepared for live meetings. 'at10 xi��1?1�€ntilt:,' Capture motions, votes, and results simultaneously and Instantaneously into your minutes. _. Varli.442 Supports on the fly note - taking live during the meeting. Touch - Screen Displays iCib� fn urtp': Seamlessly Integrates with Microsoft Word to edit minutes using a familiar toot. Touch- screens on the meeting dais help elected members strea}mliney meeting procedures. z.t'z§ir?$ 3 ';,`k Y'YCEr"'A} gil£i Motion & Vote Recording Automate time intensive manual and voice voting with simultaneous touch- screen voting. View Paperless Agenda Packets Public Display Monitor eComment Agenda & Form Public Comment Consolidation at10 tj`4e5 a i Resource Linking 0 4 * 0*1 Epgihs Ili'SMe time; Deliver paperless agenda packets on- screen and give real -time access to supporting documents. 41.1 e . , .40104ar 0' 0046 i W.P.O.tiag0htivpti3sat 0010* Display current agenda Item, actions, motions, and vote results on a big screen or projector. r. , k FF� ,0e t wwwir . 9,9 ? I 9 y9, t3rtt jg'd f fk . Facilitate online public comments on agenda items using a digital agenda and comment template, ;k Gt 140#0 001.�taon3 �i el ab� lgd . ,. Assemble comments centrally In real -time or export to Excet or PDF for offline analysis. Email Rules & Notifications iedFcnrr(meRt 4,49q. items Allow review at resources outside the agenda to educate citizens on an issue before commenting. + `rti t.040t rt r i s 0an Set rules to send select stakeholders individual emails by topic or region as comments are submitted. Upload trainings, time- synchronize course materials, schedule, and notify trainees automatically. 7P. 011-471101144444-44'''4;:- Course Builder & Scheduler Trainee Portal & Tracking Exams & Certifications 441410,* biisirt. Performance Tracking Trainees can take courses, request exemption, and track transcripts on- demand via a personal portal. 40.041 .0 ttt3# EeTl i ite't torte 'to $'r c it »mzp users, data, or amplOy single= slgn•on. 1/ Create exams with multiple question formats and produce custom training certificates. 4- C6. , pbrtal . 4i60 gin drfrrs ti ie 6r;10 ajiy Website ftir.pgbiic access. Track performance centrally by group or class or produce individual performance results. 06— 4:44 grdgi 01,P I CITY COUNCIL AGENDA MEMORANDUM February 08, 2011 AGENDA ITEM: Ordinance authorizing the City Manager or his designee, to execute Amendment No. 4 to the Lease Agreement for the Transportation Security Administration use of space at Corpus Christi International Airport, to provide janitorial services with total annual rent increasing by $18,640 from $383,705,91 to $400,345.91; and declaring an emergency ISSUE: The General Services Administration (GSA) contacted Airport staff concerning janitorial services for their leased airport office space. GSA has previously contracted with private firms for janitorial services. Due to several factors including cost and security concerns, the agency felt Airport custodial staff could be a viable alternative. Airport Staff prepared a proposal that met GSA's requirements and provides the Airport with additional revenue. BACKGROUND INFORMATION: The Transportation Security Administration (TSA) provides security screening at Corpus Christi International Airport (CCIA) and leases 6,993 square feet of space from the Airport at an annual rate of $383,705.91. The space is located on the first and second floors of the terminal and includes training and conference rooms. Airport Staff submitted a janitorial services proposal to GSA at an annual cost of $16,640, billed monthly. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. iik&Fernando A, Segundo Director of Aviation FredS @cctexas.com 289.0171 ext. 1213 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 4 TO THE LEASE AGREEMENT FOR THE TRANSPORTATION SECURITY ADMINISTRATION USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT, TO PROVIDE JANITORIAL SERVICES WITH TOTAL ANNUAL RENT INCREASING BY $16,640 FROM $383,705.91 TO $400,345.91; AND DECLARING AN EMERGENCY. Whereas, on October 28, 2003, the City of Corpus Christi entered into a lease with the United States General Service Administration for the Transportation Security Administration use of space at the Corpus Christi International Airport; Whereas, said lease has been amended on January 14, 2003 to increase current rentable office space; on August 17, 2004, to extend the term of the lease, and on August 29, 2006 to increase rent; and Whereas, the parties desire to execute Amendment No. 4 to provide that the janitorial services will be provided by the City, and increase the rent; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute Amendment No. 4 to the lease agreement with the U.S. General Services Administration for the use of space at the Corpus Christi Internaional Airport by the Transportation Security Administration, to provide janitorial services for increased annual rent of $16,640, increasing the annual rent from $383,705.91 to $400,345.91. A copy of the agreement is attached and will be filed with the City Secretary when fully executed. 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 , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to form: 2. 4, , 2011 By: Lisa Aguilar, A WW.stant City Attorney for City Attorney —110— Corpus Christi, Texas Day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong GENERAL SERVICES ADMINISTRATION PUBUC BULDMS SERVICE SUPPLEMENTAL LEASE AGREEMENT SUPPLEm NTAL AGR$2hSENT NO 4 DATB To LEASE NO. GS -07B -15384 ADDRESS OF PREMISES: Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78469 -9277 THIS AGREEMENT, made and entered into -this date by and between City of Corpus Christi whose address is 1201 Leopard Corpus Christi, TX 78410-2120 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease, NOW 'niC EFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended as follows: 1.) Incorporate janitorial services into the lease; . 2.) Increase the Shell Rent to include janitorial services; and 3.) All other terms and conditions of the lease agreement shalt remain in full force. IN WITNESS WHEREOF, the parties subscribe their names as of the above date. BY: City of Corpus Christi Signature (Title) Printed Name WITNESSED IN PRESENCE OF: Signature (Address) Printed Name (City, State, Zip) UNITED STATES OF AMERICA Contracting Officer Thomas Bell (Official Title) Page 1 of 4 -1 1 2- GSA Form 276 (Jul. 67) Page4of4 Supplemental Lease Agreement #4 LTX15384 1000 International Drive Corpus Christi, TX 78469 -9277 Exhibit "A" [cont.] 5. Every Two Months. Damp wipe toilet wastepaper receptacles, stall partitions, doors, window sills, and frames. 6. Three Times a Year. Dust wall surfaces within 70 inches of the floor, vertical surfaces and under surfaces. Clean metal and marble surfaces in lobbies. Wet mop or scrub garages. 7. Twice a Year. Wash all interior and exterior windows and other glass surfaces. Strip and apply four coats of finish to resilient floors in toilets. Strip and refinish main corridors and other heavy traffic areas. 8. Annually. Wash all venetian blinds, and dust 6 months from washing. Vacuum or dust all surfaces in the building of 70 inches from the floor, including light fixtures, Vacuum all draperies in place. Strip and refinish floors in offices and secondary Iobbies and corridors and break rooms. Shampoo carpets in corridors and lobbies. 9. Every Two Years. Shampoo carpets in all offices and other nonpublic areas. 10. Every Five Years. Dry clean or wash (as appropriate) all draperies. 11. As Required. Remove snow and ice from entrances, exterior walks, and parking lots of the building by the beginning of the normal working hours and continuing throughout the day. Provide initial supply, installation, and replacement of light bulbs, tubes, ballasts, and starters. Replace worn floor coverings (this includes the moving and returning of furnishings). 12, Control pests as appropriate, using Integrated Pest Management techniques, as specified in the GSA Environmental Management Integrated Pest Management Technique Guide (E4021001). —113— Gov't Initials: Lessor Initials: 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 8, 2011 AGENDA ITEM: Ordinance appropriating $17,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund for a grant from the Corpus Christi Business and Job Development Corporation to the Corpus Christi Convention and Visitors Bureau for a study of needed expansion and improvements to the American Bank Center (including potential expansion of the Arena) and construction of a convention center hotel; changing the FY 2010 -2011 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $17,500; and declaring an emergency. ISSUE: The Corpus Christi Convention and Visitors Bureau (CCCVB) hired a consultant to perform a preliminary master plan review for the Convention Center area, analyze expansion options for the Convention Center and help guide the City on addressing hotel supply factors affecting success of the Convention Center and the American Bank Center. The total cost of the study is $70,000. One - half of the cost ($35,000) will be paid by the CCCVB. One - fourth ($17,500) has been appropriated from the reserve of $500,000 maintained in the Hotel Occupancy Tax Fund and the other one-fourth ($17,500) was approved by the Business and Job Development Corporation (Type A Board) during its January 17, 2011 meeting. The $17,500 that was approved by the Business and Job Development Corporation is what is being considered as part of this Agenda item. REQUIRED COUNCIL ACTION: Council action is required to appropriate funds. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends the appropriation of $17,500 from the unreserved fund balance of the Arena Facility Fund for a grant from the Corpus Christi Business and Job Development Corporation to the CCCVB for a study. C• Ora, Margie C" Rose Assistant City Manager maraier(a.cctexas.com 361.826.3232 Attachments — C.H. Johnson Consulting Proposal C.H. JOHNSON CONSULTING, INC. EXPERTS !N CONVENTION, SPORT AND REAL ESTATE CONSULTING May 26, 2010 Mr. Keith Arnold President Corpus Christi Convention Center & Visitors Bureau 1201 N. Shoreline Blvd. Corpus Christi, TX 78401 Dear Mr. Arnold: C.H. Johnson Consulting, Inc. (Johnson Consulting) is pleased to submit this proposal to The Corpus Christi Convention & Visitors Bureau, to perform a preliminary masterplan review for the convention center area, analyze expansion options for the convention center and help guide the City on addressing hotel supply factors affecting success of the convention center. We are also able to advise the CVB and the City on its policy related to the development of the convention center district area. Johnson Consulting is a real estate economics consulting firm with specialized expertise in the development and evaluation of convention centers, arenas, hotels, and urban real estate. Our firm has worked on more than 300 convention center and convention center hotels and districts throughout the US and abroad. Some of the more recent projects include analyses for expanding the Rochester Convention Center in Rochester, NY; work on the new Nashville Convention Center (replacement) in Nashville, TN as well as helping recruit a new headquarters hotel; analyzing and serving as the government's advisor for the very attractive and successful 110 -acre convention center district in San Juan, Puerto Rico. As you know, our firm helped Ft. Worth attract the new Omni Hotel, and we have worked extensively in Texas. Notably we performed the financing analysis for the waterfront improvements now underway in Corpus Christi, and we worked on the expansion analysis for the Convention Center there as well. We also worked on the convention center expansion analysis and masterplan for the Austin Convention Center, and subsequently for its 800 room Hilton. We are skilled at organizing developing effective analyses and reports that outline priorities, costs and benefits, confirm working physical expansion plans and help develop short- and long-term strategies for development of projects. We excel at project management and typically work with other firms such as architects, engineers, financial advisors, attorneys, and specialty consultants to help see a project to evolve from an idea to fruition. We are available to begin work immediately and commit to delivering the highest quality product within a timeframe that you may need. 6 East Monroe St. • 5m Floor • Chicago, Illinois 64603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info @chjc.com -118- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESIATE CONSLILIING If you have arty questions about our proposal, please contact me at (312) 447 -2001. We truly look forward to the opportunity of serving you. Sincerely yours, C.H. JOHNSON CONSULTING, INC. CHARLES H. JOHNSON IV PRESIDENT 6 East Monroe a • 51h Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info @chjc.com -119- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING SCOPE OF WORK Our scope of work is described below. PHASE 1— CONVENTION CENTER AND HOTEL STRATEGY This phase of work will examine existing facilities, core business groups, evaluate the operations experience of current users, arid review this information in relation to convention and meetings industry performance and trends. It will also assess the hotel market and will set the vision for the long -term future of the Convention Center. Task 1- Project Orientation The Consulting Team will meet with the Corpus Christi CVB representatives to confirm the objectives of the study, develop clear lines of communication, and review project methodology. The Consulting Team will also use this opportunity to begin project fieldwork. We will: Hold a workshop with City, CVB management and tourism and hospitality representatives, among others, to review current facility issues and industry trends. We will also discuss our scope of work and study issues that require specific attention. • Gather and analyze background information related to the project. • Review previously conducted studies regarding the facility and nnarket. • Identify appropriate contacts and resources necessary to ensure complete review and assessment of issues and specific data. • Obtain information and data from client representatives and appropriate governmental agencies. • Tour the facility and potential sites for possible expansion. • Hold various meetings described in the tasks below. Task 2 - Economic and Demographic Trends Analysis Johnson Consulting will review economic, demographic, and real estate development trends for Corpus Christi with the specific intent of preparing data to compare the City to regional competitors and national peer cities. Among the data to be gathered and analyzed for Corpus Christi and a set of peer cities will be: 6 East Monroe St. • 5th Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chje.com • into @chjc.com -120- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING • Population and demographic trends. • Analysis of the commercial, entertainment, hospitality, office, and other development in the Corpus Christi and larger region that may affect the performance of the convention center and hotels. • Air service. • Transportation and access. • Hotel inventory, development trends, quality, rates, and tax revenue generation. • Convention and tourism marketing resources and strategies (target sales markets, etc.). ■ Niche markets that are natural demand categories for Corpus Christi and the State of Texas. ■ Work with client representatives to choose a set of competitive facilities to analyze in a fair share analysis with regard to meeting and trade show demand and relative penetration of demand compared to these cities. • Discrete interpretation of why Corpus Christi's penetration may or may not achieve or exceed its fair share of demand. Task S - Industry Trends and Regional Development Patterns • We will review statistics for the convention, trade show, consumer show, and local events market. The analysis will be based on primary and secondary sources of information such as Convention and Visitor Bureau research files, Meeting and Convention Magazine, Tradeshow Week, Center for Exhibition Industry Research data, and other publications and sources. We will also use the firm's extensive survey experience and information to determine and document industry trends, such as growth, selection criteria, technology, and overall industry health that will affect this project. • Over the last decade, a number of convention center facilities have been expanded and replaced in the central U.S. Some believe particular markets are overbuilt. To analyze this, a critical aspect in this analysis is a thorough understanding of how Corpus Christi can and should be positioned in relation to new or expanded facilities in the market. Among the specific analytical tasks that will be conducted in this regard: - An analysis of state, regional, and national market trends will be prepared, reflecting new or planned facilities and expansions. An analysis of the hotel support and development strategies around other regional and national convention center projects. 6 East Monroe St. • 51h Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 * Fax 312.444.1125 www.chjo.com • inio @chjc.corn -121- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING Task 4 - Existing Facility Issues Review Via focus group meetings with facility management, area hotel management, existing users, as well as our personal observation, we will obtain information and perceptions about facility size, quality, needs, and capacity of the market for additional convention facilities, hotel supply, and other required enhancements. We will also seek observations about suggested improvements regarding the viability of a separate venue, what is needed to recapture lost events, allow current events to expand and penetrate target markets, well into the future. We will also compile and analyze historical demand and financial information with the intent of looking at trends and demand constraints and operational inefficiencies that may be occurring due to facility limitations. Finally, we will analyze lost business reports and advance booking trends. The analysis will be conducted using maximum, moderate and minimum expansion scenarios to provide a range of options regarding potential expansion. Task 5 - User Analysis We will survey local, state, regional, and national event planners and promoters to ascertain their opinion of Corpus Christi as a destination, and a prospective location for convention or meetings activities. We will use the survey to: - Gather specific information on the strengths of the Corpus Christi market, Review strategies that are being used by Corpus Christi's peers to price /market their convention facilities, and - Document the competitive advantages /disadvantages for Corpus Christi as a convention destination. ■ We will also conduct personal interviews with trade show and association organizers to further understand their perceptions and insights. We expect to achieve 100 completed surveys. We will work with the CVB and other client representatives to identify survey candidates and will work with all parties to refine a base survey instrument we provide. We understand the CVB has completed a substantial amount of customer and potential user analysis. As appropriate, this information will be used to supplement our independent analysis. 6 East Monroe St. • 5'h Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info @chic.com -122- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING Task 6 — Indicated Facilities and Demand Projection Based on the findings of the market analysis, the Consulting Team will prepare recommendations regarding facility expansion development needs for the market. These recommendations will be used in the architecture and planning portion of this study. Should the market analysis determine a need for expansion, recommendations will be developed regarding: • Exhibit space. ■ Meeting room requirements. • Ballroom /banquet space. ▪ Theater /assembly seating. ■ Food service preparation and points of sale. • Parking and loading dock requirements. • Long -term phasing and expansion strategies. Using the above parameters of an expanded facility, Johnson Consulting will project demand under an expansion scenario, with the intent of measuring demand potential for the market, based on facility growth. Work will include: • Presence of a new hotel and a more attractive adjacent support environment. • Development of long -range demand projections addressing the number of events, number of event days, number of attendees, and the amount of exhibit and meeting space needed for all targeted events. • Testing of demand projections using two analytic methods: - 'Bottom -up' approach reflecting current demand, annual repeat events, events turned away, and transfers from other location, and - 'Top -down' approach reflecting analysis of comparable facility demand, relative levels of supply and demand in the overall market and anticipated future market share. • Estimating the effect that expanded facilities would have on hotel demand. • Commenting on the consequences to current customers if expansion were not to occur. Our analysis will be very clear in comparing demand under current conditions and for a future, expanded venue. This will set the stage for a comparative analysis of 6 East Monroe St. • 5«' Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info@chjc.com -123- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING current versus expanded facilities, which will be carried forward in the financial and economic and fiscal analysis. Task 7 -- Hotel Analysis and Strategy Key questions this task will answer include: ■ How have the hotels in the market performed over the past several years? • How will their performance change over time with a new hotel? • How long will it take for the new hotel to be absorbed? • Will this project have an unhealthy effect on the local tourism industry or help it prosper? Our analytical approach to answering these questions is presented below: ■ Interview representatives from major demand generators. • Analyze historical trends in the overall Corpus Christi hotel market, including the number of rooms, occupancy rates, and ADR's. ■ Identify a set of competitive hotels in the market and analyze occupancy, ADR's, and REVPAR for this competitive set over the past 5 years, based on hotel interviews and Smith • Travel Research Data. • Analyze the seasonality of demand for the competitive set. • Project future occupancy and rate for the competitive set. • Perform a market penetration analysis for the proposed hotel and estimate future room -night demand, occupancy, and ADR. Our analytical approach to analyzing these demand attributes involves the following: • Perform a market penetration analysis for the proposed hotel and estimate future room -night demand, occupancy, and ADR. • Perform a sensitivity analysis and discuss its impact on the demand penetration of the hotel. This would specifically address hotel location as it relates to performance. • Based on a supply and demand analysis that reflects market growth and room supply additions, discuss market mix by demand sector. • Project Occupancy, Market Mix and Achievable Average Daily Rate. Johnson Consulting possesses a sophisticated projection model that produces highly accurate estimates of revenues and expenses based on a thorough analysis 6 East Monroe St. • 5th Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444:1125 www.chjc.com • info@ohjc.com -124- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING and projection of every item in a hotel profit and loss statement. Questions our analysis answers include: • What sources of revenue are available and what is the hotel's potential to generate these sources? • What expenses are associated with the operation and how will expenses vary with business volume? • How much cash flow will be available to service debt and to provide a return on investment in any given period? We will use our specialized hotel analysis, developed over the course of hundreds of similar studies. The analysis will result in a pro forma operating statement for the first ten years of operation based on demand projections and a ratio analysis of revenue and expenses in the format prescribed by the Uniform Systems of Accounts for the Hotel Industry. Task 8 — Convention Center Operating Projections & Finance Considerations Johnson Consulting will review current operating policies and develop a financial projection for att expanded American. Bank Center facility. The demand profile, current cost structures, and data from comparable facilities will be used to model the operating revenue and costs of the expanded facility. Johnson Consulting has modeled numerous similar convention facilities and will draw on our experience with these facilities to prepare a ten year projection of operating revenue and expenses. The model will generate a pro forma operating statement that includes the revenue and expense items shown in the table below: 6 East Monroe $t. • 51h Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444,1125 www.chjc.com • info@chic.com —125— C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSzILTING Elements of Pro Forma Revenue Space Rentals Food and Beverage User Labor Charges Equipment Rental Parking Advertising and Sponsorships Naming Rights Premium Seating Ticket Surcharges Telecommunications Other Revenue Expenses Staffing and Benefits Contracted Services Security Utilities Insurance Repairs and Maintenance Advertising and Promotion Reserves for Replacement Supplies Management Fees Other Expenses In addition, Johnson Consulting will summarize capital requirements, net of contribution from operations, if any. Such requirements may include: - Pre - opening costs - Annual operating (income or deficit) Specialty Revenue such as sponsorships and advertising Real estate related revenue Reserves for replacement Debt service assumptions - Marketing budget - Other, as appropriate Task 9 — Economic and Fiscal Impact Analysis Johnson Consulting has performed a variety of economic impact studies in various markets for facilities ranging from convention centers to arenas to fairgrounds. For this project, it may be important to determine where impacts may occur as this data can be used to advance the project through the public review and approvals process. It will also be helpful in devising an appropriate funding strategy. For this analysis, we will: 6 East Monroe St. • 5th Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info @chjc.com -126- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING • Use data developed for the City of Corpus Christi in a recent economic and fiscal impact analysis, and the most recent ExPact survey, an excellent survey prepared by Destination Management Association International (DMAI, formerly known as the International Association of Convention and Visitors Bureau), to estimate direct spending by delegates, associations, exhibitors, and the facility itself; adjusted for local market price indices. • Identify from where attendance will likely originate. • Indicate the volume of hotel room nights generated by the project. • Identify where spending will most likely be captured. • Use the RIMS II model (an input- output model of the local economy) to estimate indirect and induced spending and employment impacts of the proposed facility for both the projected events and attendees in a stabilized year of operations, based upon the demand projections and the construction of the facility. • Summarize local and state tax structures, including all relevant State, County, City, and other municipal taxes that may be appropriate. Analyze the impact of the one -time construction activity. • Issue a report that summarizes our findings. Presentation — Market Findings and Preliminary Recommendations At the conclusion of tasks 1 thru 10, a draft strategic planning presentation will be prepared to review the market and competitive positioning analysis, outline demand that could be captured through expansion, and explore strategies used in comparable markets. This information will be reviewed during a multi-day workshop and charette with client representatives. Client feedback and directions gathered during this process will inform our analysis and activities for the duration of the study process. PHASE 2 -- HOTEL NEGOTIATION SUPPORT The City and CVB are interested in the development of the area around the Center and include the potential for a new convention hotel. The City is engaged wap a firm to work on the plan/development in a comprehensive planning process. The firm has extensive experience in convention hotel development. With the results of the Phase I work, provide technical assistance to the CVB (and the city if desired), help to evaluate proposals and suggest alternatives as necessary. 6 East Monroe St. • 5th Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info @chjc.com -127- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING Phase II work would be performed on an hourly basis or develop a defined scope of work under which firm could quote a fee. PROPOSED PROJECT SCHEDULE We will complete the Phase 1 work in draft form in ten to twelve weeks. We will hold bi- weekly conference calls to update you on the status of our work and we anticipate two trips to Lexington during the course of the assignment. The Phase 2 work can commence immediately and concurrently, or after Phase 1 work is completed. We estimate approximately eight weeks to complete the due diligence and analysis related to the hotel developer relationship. FEES Fees for the above referenced Phase 1 work are $65,000 plus reimbursable expenses. Phase 2 work is usually billed on a time and materials basis, with a not to exceed amount identified. We will negotiate for these services when ready. Our fees are based on the previously detailed scope of work. Should you determine that changes to the scope of work are necessary; our fees will be adjusted accordingly. We are prepared to commence work at your request and will complete the project in the time frame stated in this proposal. Expenses will be billed in addition to fees, as incurred. Out -of- pocket expenses will be billed in addition to fees at 1.1 times cost. Such expenses will be incurred for direct out -of- pocket costs such as report reproduction, telephone and messenger service, and travel and lodging, etc. We will also bill a $7 per hour charge for indirect costs such as telephone, fax, computer time, report preparation and production, etc. We will submit progress bills at monthly intervals during the engagement. Our estimated fees are based on the previously detailed scope of work. Should you determine that changes to the scope of work are necessary, such as updates or meetings with the municipality and rating agencies our fees will be billed on an hourly basis. 6 East Monroe 5t. • 5th Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info@chjc.com -128- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CONSULTING Johnson Consulting Hourly Rate Schedule Principal/President Senior Consultant/Project & Research Director Project Consultant Support 2010 Hourly Rates $340 $250 -$325 $175 -$240 $85 We require a $15,000 retainer and a signed copy of this letter as our authorization to proceed. REFERENCES ■ Phil Ryan Metropolitan. Development Housing Agency 7015. Sixth Street Nashville, TN 37206 P: 615.252.8410 F: 615.252.3677 E: pryan@nashvilie- MDHA.org • David Causton Metropolitan Pier & Exposition Authority McCormick Place 2301 South Lakeshore Drive Chicago, IL 60616 P: 312.791.6155 E: dcauston @mpea.com Joe Floreano Executive Director Rochester Riverside Convention Center 123 E. Main Street Rochester„ NY 14604 P: 585.232.7200 F: 585.232.1510 E: jfloreanol@rrcc.com • Jaret Barr City of Tucson Tucson Convention Center 6 East Monroe St. • 51h Floor 6 Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312,444.1125 www.chjc.com • info@chjc.com -129- C.H. JOHNSON CONSULTING, INC. EXPERTS TN CONVENTION, SPORT AND REAL ESTATE CONSULTING 255 W. Alameda St. - 10th Fl. Tucson, AZ 85701 P: 520.791.4204 E: Jaret.Barr@tucsonaz.gov CONTRACTUAL CONDITIONS Subject to the actual terms and conditions of any subsequent agreement with you, the following conditions are standard policy for Johnson Consulting and are customary for engagements of this type. Should you have any questions concerning any of these conditions, please feel free to contact us. The findings and recommendations of our research will reflect analyses of primary and secondary sources of information. Estimates and analyses presented in our report will be based on economic trends, market assumptions, and financial data that are subject to variation. Johnson Consulting will use sources that it deems reliable, but will not guarantee their accuracy. Recommendations will be made from information provided by the analyses, internal databases, and from information provided by management. It is understood in accepting this proposal that neither fees nor payment thereof is contingent upon the findings of the study. Upon receipt of invoices, payment is to be made within 30 days of receipt unless prior arrangements have been made with management. Additionally, all outstanding invoices must be current prior to the release of any draft and final reports. Johnson Consulting will have no responsibility to update its report for events and circumstances occurring after the date of its report. If you decide not to proceed with the project, or if it appears that the study will result in a finding that the project cannot achieve its required results, Johnson Consulting would, at your request, terminate its work and would only bill you for fees and expenses incurred to that point in time. If you require us to attend meetings and make presentations beyond the scope of services, Johnson Consulting will charge separately for its actual hours of professional time incurred in preparing for and attending the meetings. Professional time will be billed at Johnson Consulting's standard hourly rates plus travel and incidental expenses. Billing rates are subject to a minimum five percent increase as of January 1, 2011. Invoices outstanding after thirty days of receipt shall accrue at the interest rate of one percent per month until paid. If we need to bring action to enforce the terms 6 East Monroe St. • 5'h Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info @chjc.com -130- C.H. JOHNSON CONSULTING, INC. EXPERTS IN CONVENTION, SPORT AND REAL ESTATE CoNstaTING contained in this letter, you will be responsible to pay our reasonable attorney's fees, costs and expenses. We commit to delivering the highest quality product within the timeframe we have proposed. If you have any questions, please feel free to call me at 312-447-2010. 6 East Monroe St. • 5th Floor • Chicago, Illinois 60603 • Phone: 312.447.2010 • Fax 312.444.1125 www.chjc.com • info @chjc.com -131- Page 1 of 3 ORDINANCE APPROPRIATING $17,500 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1130 ARENA FACILITY FUND FOR A GRANT FROM THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION TO THE CORPUS CHRISTI CONVENTION AND VISITORS BUREAU FOR A STUDY OF NEEDED EXPANSION AND IMPROVEMENTS TO THE AMERICAN BANK CENTER (INCLUDING POTENTIAL EXPANSION OF THE ARENA) AND CONSTRUCTION OF A CONVENTION CENTER HOTEL; CHANGING THE FY 2010 -2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028252 BY INCREASING PROPOSED EXPENDITURES BY $17,500; AND DECLARING AN EMERGENCY WHEREAS, the voters of Corpus Christi adopted a 1/8 cents sales tax to the promotion, construction, maintenance, and operation of a multipurpose arena in 2000; WHEREAS, the sales tax revenues are administered by the Corpus Christi Business and Job Development Corporation ( "Corporation "), under the Texas Development Corporation Act, Subtitle C1 of Title 12, Texas Local Government Code; WHEREAS, on January 17, 2011, the Board of Directors of the Corporation authorized the expenditure of $17,500 from its Arena facility funds for grant to the Corpus Christi Convention and Visitors Bureau ( "CCCVB ") to cover 1/4 of the costs of a study of needed expansion and improvements to the American Bank Center (including potential expansion of the Arena) and construction of a convention center hotel; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the Corporation; and WHEREAS, the City Council believes that it is in the best interests of the citizens of Corpus Christi, Texas that the Corporation use its available arena funds to assist the CCCVB's study of needed expansion and improvements to the American Bank Center (including potential expansion of the Arena) and construction of a convention center hotel and approves that expenditure; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $17,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund is appropriated for a grant from the Corporation to the CCCVB to pay a portion of the costs of a study of needed expansion and improvements to the American Bank Center (including potential expansion of the Arena) and construction of a convention center hotel. SECTION 2. That Ordinance No. 028252, which adopted the FY 2010 -2011 Operating Fund, is changed to increase proposed expenditures in the No. 1130 Arena Facility Fund by $17,500 for a grant from the Corporation to the CCCVB for a portion of the CCCVB ABC study appropord 01272011 —1 3 2— Page 2 of 3 costs of a study of needed expansion and improvements to the American Bank Center (including potential expansion of the Arena) and construction of a convention center hotel. SECTION 3. —That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 27, 2011 R. J,aSi mining First Assistant City Attorney For City Attorney CCCVB ABC study appropord 01272011 —133— Joe Adame Mayor Page 3 of 3 Corpus Christi, Texas day of , 2011 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 The above ordinance was passed by the following vote: Joe Adarne Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong CCCVB ABC study appropord 01272011 —134— 10 AGENDA MEMORANDUM City Council Action Date: February 8, 2011 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement and a Ground Lease with Corpus Christi Independent School District (CCISD) for 0.993 acre tract of land (43,255 square feet) of the Seven Oaks Addition to build a new Fire Station Number Five and a 800 square feet Joint Use Facility to be used for CCISD educational purposes and for City business, for a term of fifty (50) years. ISSUE: The 2008 bond election approved $2,000,000.00 for the relocation and construction of a new Fire Station # 5. The current station is undersized and beyond the serviceable life for the structure and mechanical systems. The Corpus Christi Independent School District has agreed to lease 0.993 acres of land to the City located at 3105 Leopard to build a new Fire Station #5 with a Joint Use Facility. The lease of the land is for fifty (50) years at one dollar a year with an option to renew the lease for an additional term of fifty (50) years. The School District desires that a portion of the Fire Station (a minimum of 800 square feet) be designated as a Joint Use Facility. The School District will use the Facility for educational purposes and the City will use the Facility for City's business or community purposes. The City is not responsible for furnishing and equipping the Facility, unless such furnishings and equipment are needed for the City's anticipated use. The School District shall have priority use of the Facility during the Schools District's school year, unless otherwise agreed by both parties. The School District will provide the City with $193,800.00 dollars towards the cost of demolition and disposal of the structure currently on the 0.993 acres of land. The agreement has been approved by the School District and was signed and submitted on January 10, 2011. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager, or his designee, to execute an Interlace! Cooperation Agreement and a Ground Lease with Corpus Christi Independent School District. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approving the resolution to execute an Interlocal Cooperation Agreement and a Ground Lease with Corpus Christi Independent School District to build a new Fire Station #5 and designate a portion of the Fire Station as a Joint Use Facility. q\eulkhd Pete Anaya, P.E. Richard Hooks Director of Engineering Fire Chief peteanQcctexas.com rlh @cctexas.com (361) 826 -3081 (361) 826 -3932 Attachments: Exhibit A. Resolution Exhibit B. Interlocal Cooperation Agredr igmit & Ground Lease RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT AND A GROUND LEASE WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT (CCISD) FOR 0.993 ACRE TRACT OF LAND (43,255 SQUARE FEET) OF THE SEVEN OAKS ADDITION TO BUILD A NEW FIRE STATION NUMBER FIVE AND A 800 SQUARE FEET JOINT USE FACILITY TO BE USED FOR CCISD EDUCATIONAL PURPOSES AND FOR CITY BUSINESS, FOR A TERM OF FIFTY (50) YEARS. 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 Interlocal Cooperation Agreement and a Ground Lease with Corpus Christi Independent School District (CCISD) for 0.993 acre tract of land (43,255 square feet) of the Seven Oaks Addition to build a new fire station number five and a 800 square feet Joint Use Facility to be used for CCISD educational purposes and for City business, for a term of fifty (50) years. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: January 20, 2011 T. Tri Dang Assistant City Attorney For City Attorney • —138— Joe Adame Mayor Exhibit A Page 1 of 2 • Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet Exhibit A -139— Page2of2 1 THE STATE OF TEXAS §. COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ( "Agreement ") is made by and between the CITY OF CORPUS CHRISTI ("City"), a municipal corporation and home -rale city of the State of Texas, acting by and through its duly authorized City Manager, and the CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ( "District "), acting by and through its governing body, the Board of Trustees. WHEREAS, the City desires to relocate its Fire Station #5. WHEREAS, the District desires to and agrees to lease 0.993 acre tract of land (43,255 sq. ft.) of the Seven Oaks Addition to the City to build a new fire station. WHEREAS, the City agrees to construct and designate a facility for joint use of both parties. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement and the attached Ground Lease, the participating local governments ( "Parties "), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to allow the City to build a new Fire Station #5 on the ' District's real property described as 0.993 acre tract of land (43,255 sq. ft.) out of lots 1- 4, and a portion of lot 5, block 4, of the Seven Oaks Addition, and more specifically described on the attached and incorporated Exhibit "A" (hereafter referred to as the "Property"). SECTION 2. SERVICES, OBLIGATIONS, AND RIGHTS OF THE CITY. a) Prepare bid documents, manage, and, except as specifically provided in Section 3 below, pay for (1) the construction of a new fire station building and a joint use facility on district property and (2) demolition and clean -up of all existing structures. b) Designate a portion of the facility described above (a minimum of 800 square feet, including restrooms) as a Joint Use Facility ( "Facility "). The City is not responsible for furnishing and equipping the Facility, unless such furnishings and equipment are needed for the City's anticipated use. c) Maintain a schedule of availability to the Facility. The District may use the Facility for educational purposes and the City may use the Facility for City's business or community purposes. City has priority use and reserves the exclusive right to use the Facility on election days and for election events, unless otherwise —140— Exhibit B agreed by the Parties from time to time. The District shall have priority use of the Facility during the District's school year, unless otherwise agreed by the Parties from time to time. Prior to each school year, the parties' designated contact persons shall meet and cooperate to establish a schedule of anticipated use of the Facility for the upcoming school year during the District's school hours. However, such a use schedule does not modify the priority usage rights described in this paragraph or elsewhere in the Agreement. d) Provide parking spaces for City's employees and two (2) disabled parking spaces for the Joint Use Facility. The District and its employees, teachers, students, visitors, agents, and invitees to the Facility shall use Miller High School parking lot. g) Provide typical utilities (Le. electrical and computer outlets), telecommunication lines, and other infrastructure as required under applicable codes to the Facility, excluding specialized equipment. Request the removal of any District personnel, students, instructors, or visitors whose conduct or work may have a detrimental effect on safety or student learning. The City is not responsible for or in charge of supervising any District students or visitors to the Facility under any circumstances. District will provide security and/or adult supervision to the Facility during its use. Designate, mark and/or denote Rose and Pierpoint Streets ( "Side Streets ") as "Fire Lane/No Parking — Tow Away Zone ". During District events held at Buccaneer Stadium, District will provide security to ensure that the side streets will be cleared and free of obstruction for passage of the City's emergency vehicles and traffic. SECTION 1 SERVICES, OBLIGATIONS, AND RIGHTS OF THE DISTRICT. a) Provide the City with one - hundred ninety -three thousand eight hundred ($ 193,800.00) dollars toward costs of building /structure demolition/disposal, asbestos removal, Department of Safety and Health Services notification, air monitoring, A/E fees, project administrative costs, etc. All costs in excess of this amount for the demolition, planning, construction, or maintenance requirements under this Agreement shall be borne by the City. b) Provide adequate security and/or adult supervision of students and/or visitors to the Facility during its use. c) Provide janitorial services to the Facility after each District use. Keep Facility in good, clean and safe condition, and dispose of trash, rubbish and waste in the trash receptacle designated by the City. Keep all cords, wires, and equipment in Facility secured or taped down when and where applicable. d) Provide furniture and/or equipment, including telecommunication equipment, needed by the District at the Facility. All personal property and trade fixtures furnished by the District remain the property of the District, unless the 'personal property and trade fixtures are specifically donated to the City. e) Provide the City with at least five (5) business days notice prior to scheduling any educational activities at the Facility, unless the District has already reserved the Facility for particular days on the schedule provided under Section 2.c above. Activities must be confined, complied, and conformed to the District's policies. f} Reimburse the City or repair any damages caused by the District's employees, agents, students, teachers, visitors, or invitees during its use of the Facility, except as may be prohibited or provided otherwise by law. g) Keep employees, teachers, students, and visitors from entering adjoining City's premises or Fire Station #5, unless for emergency purposes. h) Keep the noise level of the Facility at a reasonable level not to violate the City's noise ordinances or to disrupt Fire Station #5 daily operation. i) Allow City to use the Buccaneer Stadium parking lot, if not in use by the District, for overflow parking. SECTION 4. PAYMENT AND FUNDS. Payment shall be made within thirty (30) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices or receipts; and/or verified statement or supporting documentation). Each party which performs services under this Agreement will do so with funds available from its current revenues. SECTION 5. TERM OF AGREEMENT. For and in consideration. of one dollar a year, along with the benefits of the Agreement stated herein, receipt of which is hereby acknowledged, the District hereby agrees to lease to the City the Property, for a term of fifty (50) years, according to the terms of the Ground Lease attached to this Agreement as Exhibit "B" ( "Ground Lease ") and incorporated fully herein. The City has the option to renew the lease for an additional term of fifty (50) years. If the City desires to exercise this option, it must notify the District in writing of its desire to extend the lease no later than one year prior to the expiration of the lease; otherwise the lease will terminate on the expiration date. The City Manager is authorized to execute any and all subsequent renewals and/or amendments to this Agreement. The Ground Lease will be irrevocable so long as the building construction by the City on the lease premises is used as a City fire station, and the District will grant the rights of ingress and egress to the lease premises. SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. SECTION 7. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. SECTION 8. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either the City or District in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) (c) Entire Agreement. This Agreement, including Attachments, represents the entire agreement between the Parties, and supersedes any and all prior agreements between the Parties, whether written or oral, relating to the subject of this Agreement, Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the seventh (7th) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. City City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 District Superintendent Corpus Christi ISD 801 Leopard Street Corpus Christi, Texas 78403 (e) Non - Waiver. Failure of any party hereto to insist on the strict performance of any of the Agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any fixture default or failure of performance. (f Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any off cer or agent of the City or District or any of its officer, agent, or employee. (g) (h) (i) No Waiver of Immunity. No party—hereto - waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and ,shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. No Third Parties Benefit. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. (j) Laws and Venue. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder, This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. (lc) (1) (m) Warranty. The Agreement has been officially authorized by the governing body of each party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. Non - Assignment. Neither this Agreement, nor any interest therein, is assignable or transferrable, in whole or in part, directly or indirectly, without the prior consent of the City and District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Contact person: The parties have designated the following individuals as their contact person to schedule activities or use of the Facility. City: Administrator Fire Department City of Corpus Christi Angel R. Escobar (Date) City Manager District: Administrator Corpus Christi Independent School District Y goria esident ATTEST: ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: (Date) Carol Board Secretary APPROVED AS TO FORM: 611011( (Date) a(44. ;"471.. January 6, 2011 T. Trisha Dang (Date) Philip D. Fraissinet (Date) Assistant City Attorney Attorney For Corpus Christi LSD For City Attorney SEVEN OAKS ADDITION VOL. 4, PG. 55 M.R.N.C.T. NOTES: - MAP TO ACCOMPANY FIELD NOTES. R.O.S. FND 1' I.P. 1 4 o w o 0 ;r w Li ... pp CO 0 N 0 i. 4 x w a a 8" WIDE HEADWALL LEGEND @FOUND IRON PIPE *FOUND 5/8` IRON ROD 4 SET 5/8` IRON ROD LEOPARD ST 5E19'50'40`E 2213.34' FL LEASE AREA 0.993 ACRES (4.3.255 SO. FT.) 3 2 SEVEN OAKS ADDITION VOL 5 PG. 2 M.R.N.C.T. 5 4' WIDE SIDEWALK `B' WIDE J HEADWALL N89'50'40'W 215.30' 6 BEARINGS ARE WITH REFERENCE TO THE NORTH BOUNDARY LINE OF BLOCK 4. SEVEN OAKS ADDMON, VOL 6, PG. 2, M.R.N.C.T. F7RESTAi10N NO. 5 RELOCATION (BOND 2008) OWNER: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, VOL 2289, PG. 611, D.R.N.0 T. BEING A 0.993 ACRE TRACT OF LAND (43.255 SO. FT) OUT OF LOTS 1-4. AND A PORTADN OF LOT 5, BLOC( 4, OF THE SEVEN 04(S ADDITION, RECORDED IN VOLUME 5, PAGE 2, MAPLOT 1, AND A PORTION OF LORT�2. BLOCK 9, SEVEN �IIIOA, RECORDED INOF NUECES COUNTY, TEXAS. ALSO BEING OUTFVOLUME 4. PACE 55, APAP RECORDS OF NUECES COUNTY, TEXAS. a b PIERPOINT 5T 8 5 SEVEN OAKS AD moN VOL 5, PG. 2 M.R.N.C.T. MESTINA ST SEVEN OAKS ADDMON VOL 5, PG. 2 M.R.N.C.T. 0 50 0 50 100 Scale in Feet CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-826-3551 Drawn By: A. JIMENEZ _ Date prawn: 10/09/2009 Checked By: O NESMITFH Project: 5245 File:CAPROJECTSVIRESTATIONI dwg‘F1RESTATIDN5.dwg SHEET 1 OF 1 GROUND LEASE between CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT and CITY OF CORPUS CHRISTI dated as of February ,2011 e1C 14 13 ! 4 l i t TABLE OF CONTENTS EXHIBITS The following exhibits are attached hereto and made a part hereof: Exhibit "A" Survey of and Legal Description of Property Exhibit "1" Amortization Schedule for Improvements GROUND LASE BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CITY CIF CORPUS CHRISTI AS OR , 2011 —149— GROUND LEASE THIS GROUND LEASE ( "Lease ") is made and entered into as of this day of 2011 ( "Effective Date ") by and between the Corpus Christi Independent School District ( "CCISD" or "DISTRICT"), a public school district organized under the Texas Education Code and a political subdivision of the State of Texas, ( "Lessor "), and the City of Corpus Christi, a municipal corporation and home -rule city of State of Texas, ( "Lessee "), pursuant to that certain Interlocal Cooperation Agreement dated as of , 2011 ( "Interlocal Agreement "), to which this Lease is attached as an exhibit and incorporated fully therein. ARTICLE I Definitions In addition to terms defined elsewhere in this Lease, the terms defined in this Article I shall, for all purposes of this Lease and the attached exhibits and all agreements supplemental hereto, have the meanings herein specified, unless provided otherwise: "Applicable Law ". shall mean all federal, state, county, and city laws, ordinances, implementing regulations, executive orders, interpreting authorities, and requirements of Governmental Authorities (as hereinafter defined) governing Lessee's construction of the Improvements, use of the Property; or any of the rights and obligations under this Lease. Additionally, "Applicable Law" shall include, but not be limited to, Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act; Title IX of the Education Amendments of 1974; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Americans with Disabilities Act; The Family Educational Rights and Privacy Act of 1974; the Texas Education Code; and Chapter 61, Subchapter CC of Title 19 of the Texas Administrative Code, the Texas Local Government Code; the Texas Government Code, and the Corpus Christi Code of Ordinances. "Business Days" shall mean any day that (a) is not Saturday or Sunday; (b) is not a public holiday as defined by Chapter 662 of the Texas Local Government Code; (c) is not a day designated as a non -work day by either CCISD or the City; and (d) both CCISD and the City are open for business. "Environment" shall mean ambient air, surface water, ground water, land surface and subsurface strata. "Environmental Laws" shall mean any federal, state, or local Iaws, ordinances, codes, rules, regulations, judicial or administrative orders or judgments, permits, licenses, or policies directed to, governing, addressing, or imposing liability or use, storage, treatment, transportation, manufacture, refinement, handling, production, disposal, or other standards of conduct with respect to or otherwise relating to (i) protection of human health, natural resources, or the environment; or (ii) manufacturing, processing, distribution, use, treatment, storage, disposal., release or threatened release, spilling, leaking, pumping, pouring, emitting, injecting, depositing, escaping, dumping, or leaking of Hazardous Materials (as herein defined). Such laws shall include, but not be limited to, the following acts, as amended: the Comprehensive GROUND LEASE BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI AS OF , 2011 —150— Environmental Response Compensation and Liability Act of 1980; the Hazardous Materials Transportation Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Clean Water Act; the Clean Air Act; the Safe Drinking Water Act; and in the regulations adopted in publications promulgated pursuant to the foregoing acts. "Governmental Authority" or "Governmental Authorities" shall mean the City of Corpus Christi, Nueces County, the State of Texas, the federal government or any other governmental entity, federal or state agency, or local political subdivision of the State of Texas that has jurisdiction and power over the Property; provided, however, that such term shall not include the Corpus Christi Independent School District. "Hazardous Materials" shall mean (a) petroleum or petroleum products, factions, derivatives or additives, natural or synthetic gas, urea formaldehyde, foam insulation, polychlorinated biphenyls, and radon gas; (b) radioactive materials, substances, and waste and radiation; (c) any flammable substances or explosives; (d) all asbestos (friable or non - friable) and lead -based paint; (e) any substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "solid waste," "toxic chemicals," "toxic pollutants," "contaminants," "pollutants," "solid waste," "hazardous wastes," "extremely hazardous substances," "restricted hazardous wastes," or words of similar import under any Environmental Law; and (f) any other substance to which exposure is prohibited, limited, or regulated under any Environmental Law. "Improvements" shall mean, collectively, all improvements, machinery, equipment, fixtures, facilities, structures and personal property of every kind and description and of a permanent nature that will be erected on the Land during the Term of this Lease by or on behalf of Lessee, including the Joint Use Facility. "Interlocal Cooperation Agreement" shall mean that agreement between the City of Corpus Christi and the Corpus Christi Independent School District dated as of 2011 to which this Ground Lease is attached as an exhibit and incorporated therein. "Joint Use Facility" shall mean that portion of the Improvements to be constructed on the Land by Lessee that shall be available for use by Lessor for educational purposes and Lessee as described in this Lease and the Interlocal Cooperation Agreement. "Land" shall mean that 0.993 acre tract of land (43,255 sq. ft.) out of lots 1 -4, and a portion of lot 5, block 4, of the Seven Oaks Addition, and more specifically described on the attached and incorporated Exhibit "A" (hereafter referred to as the "Property "). "Lease Year" shall mean each twelve (12) month period throughout the Term commencing on the first day of the first full month following the Commencement Dates (as defined herein) and expiring on the last day of the twelfth full calendar month following such date, except that the first Lease Year also includes the partial month in which the Commencement Dates occurs and the last Lease Year shall expire at midnight on the Expiration Dates (as defined herein) or earlier termination of this Lease, as the case may be. 'Property" shall mean the Land and the Improvements. "Release" shall be defined as it is in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 (22). "Term" shall mean that period of time during which this Lease is in effect as described in Article 3.1 below, unless sooner terminated under the terms of this Lease. ARTICLE 11 Grant, Easements, and Licenses 2.1 Grant. In consideration of the covenants and agreements herein made by the parties hereto, including, without limitation, Lessee's agreement to use the Property for the purposes set forth herein and to assume the responsibilities for development as set forth herein, Lessor hereby demises and leases to Lessee and Lessee hereby leases from Lessor the Land for the Term, upon the terms and conditions herein provided. 2.2 As -Is. Lessee has made a complete inspection of the Land and agrees it will accept the Land for the purposes set forth herein "AS IS" "WITH ALL FAULTS" on the Commencement Dates without recourse to Lessor; except as otherwise set forth herein. 2.3 Joint Use Agreement. Lessor and Lessee shall have the right to access and use the Joint Use Facility under the terms of and as more particularly described in the Interlocal Cooperation Agreement. . ARTICLE III Term and Termination 3.1 Lease of Land. Subject to the terms, covenants and agreements contained herein, the term of this Lease with respect to the Land is for a period of fifty (50) years, commencing on 2011 (the "Lease Commencement Date ") and expiring on _, 2061 (the "Lease Expiration Date "), unless earlier terminated in accordance with the terms hereof. The City has an option to renew the lease for an additional term of fifty (50) years which it may exercise pursuant to the terms of the Interlocal Cooperation Agreement. 3.2 Riat to Terminate. Lessor and Lessee each shall have the right to terminate this Lease at any time by delivering to the other party three hundred sixty -five (365) days prior written notice of the same, specifying the date on which the Lease shall terminate the Lease (the "Termination Date "); Except as set forth herein, in the event that the Lease is terminated by Lessor prior to 2061, Lessor shall pay Lessee for the unamortized costs paid by Lessee to construct the Improvements, including the Joint Use Facility, as set forth in an Amortization Schedule that will be provided by the City at the completion of the construction of the Improvements and which will become part of this Lease as Exhibit 1. The foregoing obligation to pay for the applicable unamortized costs of the Improvements does not apply in the event that the Lease is terminated by the Lessee for a reason other than default or breach by Lessor or if Lessor terminates the Lease because of default or breach by Lessee as set forth in Article 11. On the Termination Date, this Lease automatically shall terminate, all of the terms, covenants, and conditions of this Lease thereafter shall be null and void and of no further force and effect, and neither party shall have any further obligation or liability to the other under this Lease, except for the payment of the applicable unamortized costs as required under this Section 3.3 in the event of termination by Lessor for a reason other than default or breach of Lessee or in the event of termination by Lessee for default or breach of Lessor. During the Term, the parties agree that the Lease will be .amended to incorporate adjustments to the applicable amortization schedule for the Improvements made necessary by the actual and direct costs expended by Lessee for capital improvements to the Improvements such as replacement of roofing, HVAC equipment, and other mechanical systems. 3.3 Surrender of Property. Upon the expiration or earlier termination of this Lease, Lessee shall surrender the Property and title and ownership of all Improvements, excluding removable fixtures, personal property, equipment, and/or machinery, to Lessor. ARTICLE IV Use, Maintenance, Regulations.Liens, Operatinz Costs, and Alterations 4.1 Lessee's Use of Property - Fire Station. (a) Lessee's Use of Property. Lessee may use the Property only for the operation of a Fire Station for the City of Corpus Christi or similar function and related uses associated with such a function, or in the event that the Property is not used for a fire station or similar function through no fault of either party or in the event that both parties agree, Lessee may use the Property for any other municipal or educational purposes in partnership with Lessor that provides a mutual benefit to both Lessor and Lessee. Lessee will not use or permit use of the Property for any other purpose without the prior written consent of Lessor. Lessee shall not engage in or permit any act or omission in or about the Property that is in violation of Applicable Law. Additionally, other than in connection with the aforementioned permitted uses, Lessee shall not do or permit to be done anything that may invalidate or increase the cost of any insurance policy covering the Land. (b) Lessor and Lessee's Use of Property. Lessor and Lessee's use of the Property shall be as described in the Interlocal Cooperation Agreement under Sections 2 and 3. 4.2 Maintenance. Except as may be otherwise specifically set forth in this Lease with respect to the obligations of Lessor, Lessee shall, at all tunes during the Lease Term, at its sole cost and expense, except for damages caused by Lessor, keep and maintain the Property, the Improvements, landscaping, and lawn care, and supplemental heating and air conditioning systems serving the Improvements (including all plumbing connected to said facilities or systems installed therein) in good order and repair and in a clean and neat condition. Lessee shall be responsible for and pay for the cost of any repairs, except for damages caused by Lessor, to the Property made necessary by Lessee's use of the Property. In the event that Lessee fails to maintain and repair the Property in accordance with this Section 4.2(a) and has failed to remedy or commence the remedy and diligently pursue the cure thereof such non - performance within thirty (30) Business Days after receipt of written notice from Lessor, Lessor, at its option, may make such repairs or replacements, and Lessee, upon demand, shall pay Lessor for the cost thereof. At no time during the Tenn, except when the damages are caused by Lessor, will Lessor, through exercise of any right or privilege of this Lease, be deemed responsible to Lessee or any third party for the maintenance and/or condition of the Property. Lessor may, at its sole costs and expense, review and/or inspect the maintenance records of the last five (5) years of the lease Term prior to the surrender ofthe Property. 4.3 Operating Costs. In addition to any other costs for which Lessee is specifically required to pay or is responsible under this Lease, Lessee shall be responsible for and shall pay all Operating Costs connected to or related to the Property that accrue during the Term. For purposes of this Lease, the term "Operating Costs" shall include, without limitation, the following: (a) • refuse removal, waste disposal, janitorial services, and/or any other related service used by Lessee and Lessor shall be responsible for its own janitorial services and/or any other related services during its use of the Joint Use Facility; (b) cost of utilities (including taxes and other charges incurred in connection therewith from which Lessee or Lessor is not exempted by any Governmental Authority) provided to the Land or Improvements; (c) fuel, supplies, equipment, tools, materials, service contracts; (d) gardening and landscaping costs; and (e) costs incurred because of a violation of Applicable Law by Lessee. 4.4 Applicable Law. (a) Throughout the Term, Lessee and Lessor each shall comply with all Applicable Law including Environmental Laws. (b) Upon prior written notice to Lessor, Lessee shall have the right to contest the validity or application of any Applicable Law or Environmental Laws, by appropriate legal proceedings diligently conducted in good faith, in the name of Lessee. 4.5 Liens Arising Through Lessee. Lessee will not permit the Land to become subject to any lien in connection with its use of the Land or construction of the Improvements. Notwithstanding the foregoing, in the event any lien shall be filed against the Land based upon any action or inaction of Lessee, Lessee shall promptly take such action as will remove or satisfy the lien; provided, however, that Lessee, at its sole cost and expense, may contest the validity or amount of any such lien, and, pending the determination of such contest, postpone the removal or satisfaction thereof, except that Lessee shall not postpone such removal or satisfaction so long as to permit or cause any loss of title to all or any part ofthe Land or its appurtenances. 4.6 Liens Arisine Through Lessor. In the event any lien shall be filed against the Property based upon any action or inaction of Lessor, Lessor shall promptly take such action as will remove or satisfy the lien; provided, however, that with respect to a lien affecting the Land, Lessor may contest the validity or amount of any such lien, and, pending the determination of such contest, postpone the removal or satisfaction thereof, except that Lessor shall not postpone such removal or satisfaction so long as to permit or cause any loss of title to all or any part of the Property. 4.7 Alterations. After the completion of the construction of the Improvements, Lessee shall have the right from time to time to make, or cause to be made, at its sole cost and expense, improvements, additions, alterations, and changes (collectively "Alterations ") in or to the Land it deems necessary or desirable to carry out any activity or use permitted by Section 4.1, including any alteration, demolition, or removal of' existing Improvements or items of personal property on the Land; provided however, that any such Alterations comply with Applicable Law. All such alterations shall be performed in accordance with Sections 4.4(a), 5.1(h) and 5.1(i) of this Lease. ARTICLE V Improvements 5.1 Construction of Improvements. (a) Lessee, at its sole cost and expense, shall construct the Improvements, as provided in'this Article V. (b) The Improvements shall include a Joint Use Facility that will contain, at a minimum, 800 square feet of building space that will be sufficient for Lessor's educational purposes. Lessee shall consult Lessor regarding the design and construction of the Joint Use Facility, and Lessor shall designate and provide, within three (3) days, Lessee with a contact person and information who will review the design and construction of the Joint Use Facility, (c) Lessee agrees to design Improvements, which shall include all drawings and other documents for the development of the Property, construction of the Improvements, construction of the infrastructure necessary to serve the Property, and all signage documents (collectively, the "Construction Documents "), to be in compliance with Applicable Laws. (d) Lessee shall promptly submit proposed Construction Documents of the Joint Use Facility to Lessor for review to ensure compliance with the Applicable Laws, including the Education Code and related regulations, and consistency with Lessor's anticipated use of the Joint Use Facility. (e) Lessor shall promptly review the Construction Documents to ensure compliance with Applicable Law and consistency with Lessor's anticipated use of the Joint Use Facility and inform Lessee in writing of its objections, if any, to the Construction Documents for the failure of such Construction Documents to comply with Applicable Law or Lessor's anticipated use of the Joint Use Facility, and Lessee will revise the said Construction Documents and deliver a corrected version to Lessor for approval within a reasonable period of time, after Lessee receives Lessor's notice of disapproval and objections. Lessor shall bear the costs and expenses for any modifications and/or revisions it requests to be made to the Construction Documents except for those changes which are necessary for the design to comply with Applicable Laws, including the Education Code and related regulations, as well as the requirements of this Lease or the Interlocal Agreement. Failure of Lessor to respond to Lessee within ten (10) Business Days shall be deemed to be Lessor's approval of said submittal. Any deviations from or modifications to the Construction Documents after such Construction Documents have been approved by Lessor must be first reviewed and approved by Lessor for conformance to the above prior to issuance or construction according to the deviations or modifications. (f) Lessee may submit Lessee's site - related drawings for obtaining Permits, as hereinafter def ned, to the appropriate Governmental Authority as needed to meet Lessee's schedule, However, if the documents submitted for Permits have not been approved by Lessor and/or are not in compliance with Applicable Law, Lessee will submit drawings for Permit modifications to bring them into compliance with the Architectural Standards before construction. (g) The final Site Plan shall comply with Applicable Law. Lessee shall construct, at its sole cost and expense, all necessary infrastructure to operate the Improvements, including, but not limited to, connections, extensions and other facilities to the point of distribution to the Property or adjoining public streets or easements to bring sufficient public water supply, storm sewer, sanitary sewer, gas service, telephone, electric power required, and as may be required by this Lease and Applicable Law for Lessee's use of the Property. (h) Upon receipt of Lessor's approval of the Construction Documents, and upon receipt of all applicable Permits (as hereinafter defined), Lessee shall construct the Improvements and the infrastructure related thereto in conformance with (i) the approved Construction Documents; (ii) certain standards to be used in construction of Improvements on the Property and any related infrastructure, as required by Section 12.1; (iii) all Applicable Law; and (iv) any other requirements set forth in this Article V or in this Lease. (i) Prior to commencing construction of the Improvements, Lessee shall, at Lessee's sole cost and expense, obtain all construction permits, licenses and regulatory approvals (the "Permits ") required by Applicable Law for the construction, maintenance, occupancy, and operation of the Property. (j) Lessee shall provide one copy, either electronic or paper, of as -built drawings to Lessor within a reasonable time after the final completion of the construction of the Improvements. 5.2 Construction of Driveways. (a) Lessee, at its sole cost and expense, shall construct necessary driveways ( "Driveways ") to provide ingress and egress to the Improvements. (b) Notwithstanding anything to the contrary contained in this Lease, prior to commencing construction of the Driveways, Lessee, at its sole cost and expense, shall obtain all Permits required by Applicable Law and/or any Governmental Authority for the construction of the Driveways. Prior to termination of this Lease, Lessee shall maintain the Driveways. (c) Lessee hereby grants, establishes, and creates for the benefit of the Lessor's Property and Lessor, its agents, contractors, representatives, invitees, employees, and licensees, a non- exclusive easement for the purposes of pedestrian ingress and egress over, upon, and across the Driveways for access to and use of the Joint Use Facility. 5.3 Construction and Maintenance of Drainage System. (a) The drainage system shall consist of the bio- retention ponds, the storm sewer pipes, and inlets required or advisable for the purpose of mitigating the effect of development and redevelopment of the Property and Lessor's Property ( "Drainage System "). The Drainage System shall be located on, traverse, and serve the Property and the Lessor's Property and shall be constructed in accordance with the standards set forth in Applicable Law. (b) Lessor hereby grants to Lessee during the term of this Lease a non- exclusive license to enter upon Lessor's Property for the purpose of constructing that part of the Drainage System necessary to drain the Property. (c) Lessor shall be responsible for maintaining that part of the Drainage System that serves the Property until this Lease is terminated. 5.4 Ownership of Improvements. Lessor and Lessee agree that the Improvements shall be considered the property of Lessee during the Term and, on the expiration or earlier termination of the Lease or any part of the Lease, all Improvements physically attached or affixed, to or incorporated in or made part of the Land shall become the property of Lessor. Notwithstanding the foregoing, Lessee may remove any fixtures, equipment, machinery, and/or other personal property (collectively "Removables ") at the time of surrender of the Property to Lessor as long as such Removables do not damage the Improvements or the Land, unless Lessee repairs such damage. ARTICLE VI Taxes. Assessments, and Utilities 6.1 Tax- Exempt Status. Lessor and Lessee acknowledge that both parties are entitled to exemption from ad valorem taxation and that the Property will not be subject to such taxation. In the event ad valorem taxes are assessed against the Property at any time during the Term due to a change in Lessee's tax - exempt status Lessee, at its sole cost and expense, will defend against any such assessment. If such defense is unsuccessful and the Property is subjected to ad valorem tax liability, Lessee shall pay for any ad valorem taxes assessed against the Property. 6.2 Utilities. Lessee, at its sole cost and expense, including without limitation any impact or other fees related to the Utilities (as hereinafter defined), shall cause to be installed and maintained within the Property all facilities necessary to supply to the Land and Improvements, including, but not limited to, all water, storm sewer and drainage facilities (in accordance with the terms of this Lease and Applicable Law, sanitary sewer, gas, electricity, telephone, and other utility facilities required in furtherance of Lessee's use of the Property ( "Utilities "). Lessee shall be responsible for all costs and expenses of maintaining and servicing all Utilities, except Lessor shalt pay for any service charges associated with phone or other telecommunication charges needed for the Joint Use Facility. ARTICLE VII Security Lessee shall be responsible for the access control to the Property, however, Lessor shall be responsible, at its sole costs and expense, for providing security and/or and adult supervision of students and visitors, during its use of the Joint Use Facility. During its use of the Joint Use Facility and during Lessor - sponsored events at Buccaneer Stadium, Lessor shall provide security to enforce parking violations by its employees, students, and invitees on Rose and Pierpoint Streets and shall be responsible for maintaining those streets cleared and free of obstruction for passage of Lessee's emergency vehicle and traffic. ARTICLE VIII Insurance 8.1 Lessee's Insurance. Lessee, at Lessee's sole cost and expense, shall obtain and maintain in effect for the Term of the Lease the following insurance coverage: (a) special causes of loss (formerly known as "all- risk ") property insurance (including coverage for fire and other casualties) on the Improvements covered in this Lease, insuring against all perils on a replacement cost basis or with other reasonable coverage; (b) commercial or business automobile liability coverage with limits not less than imposed by Sections 101.023 and 101.051 of the Civil Practice and Remedies Code, including coverage for owned, non - owned, and hired vehicles; (c) commercial general Iiability coverage in accordance with Tort Claims Act limits while joint use facility being used by Lessee; (d) workers' compensation for Lessee's employees, in the amounts and types required by Applicable Law; and (e) Notwithstanding anything to the contrary contained herein, Lessee may self- insure the obligations set forth in Sections 8.1(b), (c) and (d) above. 8.2 Insurance Companies. Each of the insurance policies required under Section 8.1(a) shall be issued by solvent insurance carriers legally licensed and authorized to do business in the State of Texas and having ratings of Best's Insurance Guide, A -/VIII or Standard & Poor Insurance Solvency Review A- or better. 8.3 Additional Requirements. The parties acknowledge that Lessee is self-insured and that, except for the property insurance required under Section 8.1(a), the levels of insurance above shall be satisfied by Lessee's self-insurance. Lessee agrees to furnish a letter confirming the City's self- insured status and a copy of the certificate for the property insurance required under Section 8.1(a), demonstrating that the foregoing insurance policies are in full force and effect and will not be cancelled without thirty (30) days prior written notice to each of such parties. Lessee will provide property insurance on the Joint Use Facility and City owned contents. 8.4 Waiver of Subrogation. With respect to the coverage described in Sections 8.1 (b), (c) and (d), and 8.7 (b), (c) and (d), whenever any loss, cost, damage or expense resulting from fire, explosion, or any other casualty or occurrence is incurred by either Lessor or Lessee, or anyone claiming by, through, or under Lessor or Lessee in connection with the Property; and such party is then covered, in whole or in part, by insurance with respect to such loss, cost, damage or expense, then the party so insured hereby releases the other party from any liability the other party may have on account of such loss, cost, damage, or expense, to the extent of any amount recovered by reason of such insurance, and waives any right of subrogation which otherwise might exist in or accrue to such party on account thereof; provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof. 8.5 Blanket Policies. Lessee may obtain the insurance policies required under Section 8.1 under a blanket or umbrella insurance policy or policies covering other properties as well as the Property; provided,. however, that any such policy or policies of blanket insurance shall specify therein (or Lessee shall furnish Lessor with a written statement from the insurers under such policy or policies specifying) the amount of the total insurance allocated to the Property, which amounts shall not be less than the amounts required by Section 8.1(a) above. Except for the right of Lessee to provide coverage under a blanket or umbrella insurance policy or policies, the insurance policies required under this Article 8 must meet all other insurance requirements hereunder. 8.6 Change in Applicable Laws. In the event that any Applicable Laws are repealed, amended, or otherwise changed that would require insurance in a type or amount other than set forth herein or would operate to increase the risks of the respective parties with regard to the Property, the insurance requirements under this Article 8 will be adjusted and this Lease shall be amended to reflect the change in coverage necessitated thereby. 8.7 Lessor's Insurance. Lessor, at Lessor's sole cost and expense, shall obtain and maintain in effect for the Term of the Lease the following insurance coverage for the Joint Use Facility and District owned property; (a) special causes of loss (formerly known as "all- risk ") property insurance (including coverage for fire and other casualties) on District owned contents covered in this Lease, insuring against all perils on a replacement cost basis or with other reasonable coverage; (b) commercial or business automobile liability coverage with limits not less than imposed by Sections 101.023 and 101.051 of the Civil Practice and Remedies Code, including coverage for owned, non - owned, and hired vehicles; (c) commercial general liability coverage in accordance with Tort Claims Act limits while District use the Joint Use Facility; (d) workers' compensation for Lessor's employees, in the amounts and types required by Applicable Law; and (e) Notwithstanding anything to the contrary contained herein, Lessor may self -insure the obligations set forth in Sections 8.7(b), (c) and (d) above. 8.8 Insurance Companies. Each of the insurance policies required under Section 8.7(a) shall be issued by solvent insurance carriers legally licensed and authorized to do business in the State of Texas and having ratings of Best's Insurance Guide, A -/VIII or Standard & Poor Insurance Solvency Review A- or better. ARTICLE IX Condemnation 9.1 Termination. If, at any time during the Term, title to all or substantially all of the Property shall be taken in condemnation proceedings, such that the Property can no longer be used for its intended purpose, by any right of eminent domain or by any conveyance in lieu of or in settlement of a condemnation or eminent domain proceeding by the Governmental Authority with such jurisdiction and power over the Property ( "Condemnation "), this Lease shall immediately terminate and be of no further force or effect as of the date the Property is actually physically occupied by the condemnor. Lessor shall be entitled to all proceeds from any Condemnation relating to the Land, and Lessee shall be entitled to all proceeds from any Condemnation relating to the Improvements. 9.2 Partial Condemnation. In the event of a partial Condemnation which does not terminate this Lease, this Lease shall continue in effect as to the remainder of the Land for the balance of the Term. Proceeds from any such partial Condemnation shall be distributed in the same manner as those for a full Condemnation. ARTICLE X Assignment 10.1 Assignment and Transfer. (a) Lessee may not assign, transfer, sell, convey, or pledge this Lease or any portion, obligation or interest herein or hereunder, or all or any portion of Lessee's leasehold estate under this Lease, or sublet all or any portion of the Property to any party without Lessor's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Lessor may not assign, transfer, sell, convey or pledge this Lease or any portion, obligation or interest herein or hereunder without Lessee's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. —160— ARTICLE XI Default 11.1 Lessee Event of Default. Lessee's failure to observe or perform any material provisions of this Lease for ninety (90) days after receipt of written notice specifying such failure shall constitute an event of default under this Lease ( "Lessee Event of Default "); provided, however, that if Lessee has commenced to cure the same within such ninety (90) day period and thereafter shall prosecute the curing of same with reasonable diligence, then the time within which such failure may be cured shall be extended for such period as may be reasonably necessary to complete the same with reasonable diligence, but in no event more than one hundred eighty (180) days, unless a longer period is agreed to by the parties. 11.2 Lessor's Remedies for Lessee's Default. If a Lessee Event of Default shall have occurred and all cure periods shall have passed, Lessor shall have the right at its election, then or at any time thereafter so long as such Lessee Event of Default remains uncured, to either give written notice to Lessee of its election to (a) terminate this Lease on a date specified in such notice, which date shall not be less than ninety (90) days after the giving of such notice, or (b) pursue other remedies available to Lessor at law and equity. In the event Lessor chooses to terminate the Lease pursuant to subsection (a), thereafter the Lease shall terminate and the parties shall have no further rights, liabilities or obligations hereunder except as otherwise expressly provided for herein. 11.3 Lessor's Default. Lessor's failure to observe or perform any material provisions of this Lease for ninety (90) days after receipt of written notice specifying such failure shall constitute an event of default under this Lease ( "Lessor Event of Default "); provided, however, that if Lessor has commenced to cure the same within such ninety (90) day period and thereafter Asti prosecute the curing of same with reasonable diligence, then the time within which such failure may be cured shall be extended for such period as may be reasonably necessary to complete the same with reasonable diligence, but in no event more than one hundred eighty (180) days, unless a longer period is agreed to by the parties. 11.4 Lessee's Remedies for Lessor's Default. If a Lessor Event of Default shall have occurred and all cure periods shall have passed, Lessee shall have the right at its election, then or at any time thereafter so long as such Lessor Event of Default remains uncured, to give written notice to Lessor of its election to (a) terminate this Lease on a date specified in such notice, which date shall not be less than ninety (90) days after the giving of such notice, or (b) pursue other remedies available to Lessee at law and equity. In the event Lessee chooses to terminate the Lease pursuant to subsection (a), thereafter the Lease shall terminate and the parties shall have no further rights, liabilities or obligations hereunder except as otherwise expressly provided for herein. 11.5 No Waiver of Default. No waiver of any breach of any covenant or provision of this Lease shall be construed to be a waiver of any other covenant or provision. ARTICLE XII Environmental 12.1 Hazardous Materials. (a) Lessee hereby represents to Lessor that Lessee shall not use or permit the use of any Hazardous Materials in violation of applicable Environmental Laws in the development, construction, operation, maintenance, occupancy, or use of the Property. In addition, Lessee shall not engage in any act or omission that is in violation of any Environmental Laws. Nothing in this section shall be construed to prohibit Lessee's use of any material, hazardous or otherwise, if necessary to carry out its duties and responsibilities as an emergency responder or as it relates to Lessee's duties and responsibilities as firefighters and public safety officers. (b) Lessor hereby represents to Lessee that Lessor shall not use or permit the use of any Hazardous Materials in violation of applicable Environmental Laws in the use of the Joint Use Facility. In addition, Lessor shall not engage in any act or omission that is in violation of any Environmental Laws. 12.2 Environmental Insurance. In the event that either Lessor or Lessee elects to acquire insurance for protection against any environmental risks, the party making such election shall bear the responsibility and costs associated with acquiring such insurance. 12.3 Other Environmental Inspections and Surveys. Lessor grants Lessee the right to conduct other environmental and geophysical inspections and surveys, including such inspections that require intrusive testing on the Property, subject to the requirements under this Section 12.4. Prior to commencing such inspections and testing, Lessee shall provide notice to Lessor of the intended visit, the identity of the personnel to access the Property, and the date and time of the intended visit. During such inspections and surveys, Lessee shall ensure that activities on the Property are neat and workmanlike and that all waste materials are properly handled and disposed of. Lessee shall be responsible for the acts of all personnel accessing the Property during such inspections and surveys and shall promptly (i) notify Lessor of and (b) repair any damages resulting from such personnel's activity on the Property. Lessee shall ensure that all of its contractors conducting inspections or surveys on the Property shall indemnify and release Lessor and its agents, employees, and officials from any and all liability, including attorney's fees, arising from property damage, personal injury, or loss of life that may occur in connection with such activities. Lessee shall provide Lessor a copy of any reports produced as a result of such environmental inspections or surveys. ARTICLE XIII Limitation of Liability and Release 13.1 Mutual Release. EXCEPT IN CONNECTION WITH THE OTHER PARTY'S FAILURE TO COMPLY WITH THIS LEASE OR APPLICABLE LAWS, LESSOR AND LESSEE HEREBY RELEASE EACH OTHER AND THEIR RESPECTIVE REPRESENTATIVES, AGENTS, EMPLOYEES, AND OFFICIALS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY, OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES), ARISING FROM LOSS OF LIFE, PERSONAL INJURY AND /OR PROPERTY DAMAGE, CAUSED BY OR RESULTING FROM ANY ACT OR OMISSION OF THE OTHER PARTY, ITS REPRESENTATIVES, AGENTS, EMPLOYEES, AND OFFICIALS, IN CONNECTION WITH SUCH PARTY'S USE OR OCCUPANCY OF THE PROPERTY, OR RELATING TO THE ENVIRONMENTAL CONDITION OF THE LAND. THE PROVISIONS OF THIS SECTION 13.1 SHALL SURVIVE, AND SHALL CONTINUE IN FULL FORCE AND EFFECT FOLLOWING THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 13.2 Non - Waiver. (a) LESSEE DOES NOT WAIVE OR RELINQUISH ANY IMMUNITY OR DEFENSE ON BEHALF OF ITSELF AND ITS OFFICERS, EMPLOYEES AND AGENTS AS A RESULT OF ITS EXECUTION OF THIS LEASE AND PERFORMANCE OF THE FUNCTIONS OR OBLIGATIONS DESCRIBED HEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS CREATING ANY PERSONAL LIABILITY ON THE PART OF ANY OFFICER, DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF LESSEE. (b) LESSOR DOES NOT WAIVE OR RELINQUISH ANY IMMUNITY OR DEFENSE ON BEHALF OF ITSELF AND ITS TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS AS A RESULT OF ITS EXECUTION OF THIS LEASE AND PERFORMANCE OF THE FUNCTIONS OR OBLIGATIONS DESCRIBED HEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS CREATING ANY PERSONAL LIABILITY ON THE PART OF ANY OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE OR REPRESENTATIVE OF LESSOR. ARTICLE XIV Representations and Warranties 14.1 Lessee's Re _presentations. As consideration to Lessor to enter into this Lease, Lessee hereby represents and warrants to Lessor that, notwithstanding anything herein to the contrary, as of the Effective Date: (a) Organization. Lessee is a home -rule city organized under the laws of the State of Texas and a political subdivision of the State of Texas, with all necessary power and authority to enter into this Lease and to consummate the transactions herein contemplated. (b) Power and Authority. The execution, delivery and performance of this Lease by Lessee are within Lessee's powers and have been duly authorized by all necessary action of Lessee. (c) No Conflict. The execution and delivery hereof and the performance by Lessee of its obligations under this Lease do not violate, conflict with or result in a breach of or constitute an event of default under, and are not inconsistent with any material terms or material provisions of any contract, agreement, instrument, or Applicable Laws to which Lessee is a party or is subject or any judgment, order, or decree applicable to Lessee. (d) No Consents. Upon the execution of this Lease by Lessee, Lessee will have caused all governmental proceedings required to be taken by or on behalf of Lessee to authorize Lessee to make and deliver this Lease and to perform the covenants, obligations, and agreements of Lessee hereunder. No consent, authorization, approval, order, or other action by, and no notice to or filing with, any court or Governmental Authority or regulatory body or third party is required for the execution or delivery of this Lease by Lessee or the performance by Lessee of its covenants, obligations, and agreements hereunder, other than any such approval, which already has been unconditionally given. (e) Valid and Binding Obligation. This Lease is the legal, valid, and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization, or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. (() No Pending Litigation, Investigation or Inquiry. There is no action, proceeding, inquiry, or investigation, at law or in equity, before any court, arbitrator, governmental or other board or official, pending or, to the knowledge of Lessee, threatened against or affecting Lessee, which Lessee in good faith believes that the outcome of which would (i) materially and adversely affect the validity or enforceability of or the authority or ability of Lessee under, this Lease to perform its obligations under this Lease, or (ii) have a material and adverse effect on the consolidated fmancial condition or results of operations of Lessee or on the ability of Lessee to conduct its business as presently conducted or as proposed or contemplated to be conducted. 14.2 Lessor's Representations. As consideration to Lessee to enter into this Lease, Lessor represents and warrants to Lessee that, notwithstanding anything herein to the contrary, as of the Effective Date: (a) Organization. Lessor is a public school district under the Texas Education Code and a political subdivision of the State of Texas, with all necessary power and authority to enter into this Lease and to consummate the transactions herein contemplated. (b) Power and Authority. The execution, delivery, and performance of this Lease by Lessor are within Lessor's powers and have been duly authorized by all necessary action of Lessor. (c) No Conflict. The execution and delivery hereof and the performance by Lessor of its obligations under this Lease do not violate, conflict with, or result in a breach of or constitute an event of default under, and are not inconsistent with any material terms or material provisions of, any contract, agreement, instrument, or Applicable Laws to which Lessor is a party or is subject or any judgment, order, or decree applicable to Lessor. (d) No Consents. Upon the execution of this Lease by Lessor, Lessor will have caused all governmental proceedings required to be taken by or on behalf of Lessor to authorize Lessor to make and deliver this Lease and to perform the covenants, obligations, and agreements of Lessor hereunder. No consent, authorization, approval, order, or other action by, and no notice to or filing with, any court or Governmental Authority or regulatory body or third party is required for the execution or delivery of this Lease by Lessor or the performance by Lessor of its covenants, obligations, and agreements hereunder, other than any such approval which already has been unconditionally given. (e) Valid and Binding Obligation. This Lease is the legal, valid, and binding obligation of Lessor, enforceable against Lessor in accordance with its terms, except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization, or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. (f) No Pending Litigation, Investigation or Inquiry. There is no action, proceeding, inquiry or investigation, at law or in equity, before any court, arbitrator, governmental, or other board or official, pending or, to the knowledge of Lessor, threatened against or affecting Lessor, which Lessor in good faith believes that the outcome of which would (1) materially and adversely affect the validity or enforceability of, or the authority or ability of Lessor under, this Lease to perform its obligations under this Lease, or (ii) have a material and adverse effect on the consolidated financial condition or results of operations of Lessor or on the ability of Lessor to conduct its business as presently conducted or as proposed or contemplated to be conducted. (g) Parties in Possession; Liens. There are no tenants other than Lessor, there are no other parties in possession of any part of the Property and no one has any right to occupy any part of the Property. There are no liens, recorded or otherwise, which affect title to the Property. ARTICLE XV Notices Any notice required or permitted to be given hereunder shall be in writing and shall be (i) personally delivered; (ii) deposited in the United States mail, prepaid and registered addressed to the parties to be notified with return receipt requested; (iii) transmitted by nationally - recognized courier service; or (iv) transmitted by facsimile. For purposes of notice, the addresses of the parties shall be as follows: (a) In the case of Lessor: Superintendent Corpus Christi Independent School District 801 Leopard .Street Corpus Christi, Texas 78403 -0110 (b) In the case of Lessee: City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 All notices and other communications shall be deemed to have been duly given on (i) the date of receipt if delivered personally; (ii) seven (7) days after the date of posting if transmitted by mail; (iii) the day after delivery to the courier if transmitted by courier; or (iv) the date of transmission with confirmation if transmitted by facsimile, whichever shall first occur. Notice in any other manner shall be effective only if and when received by the party to be notified. Any party may change its address for purposes hereof by notice to the other party in the manner prescribed herein. ARTICLE XVI Covenants Binding The terrns, covenants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the successors and assigns of Lessor and the successors and assigns of Lessee and shall be construed as covenants running with the land.. ARTICLE XVII Memorandum of Lease Either party may prepare a Memorandum of Lease which shall be signed by Lessor and Lessee simultaneously (or at any time during the Term hereof) with the execution hereof, to be recorded pursuant to the provisions of law, which Memorandum shall set forth the Lease provisions, or the substance thereof, as either party desires. ARTICLE XVIII Miscellaneous 18.1 No Partnerships or Joint Ventures. Nothing herein contained shall be construed to make the parties partners or joint venturers or to make Lessor liable for any obligations incurred by Lessee in the conduct of its business and no party dealing with Lessee shall be entitled to look to Lessor or to Lessor's interest in the Property for the recovery of any sum owed by Lessee or any damages for which Lessee may be liable. Nothing herein contained shall be construed to make the parties partners or joint venturers or to make Lessee liable for any obligations incurred by Lessor in the conduct of its business and no party dealing with Lessor shall be entitled to look to Lessee or to Lessee's interest in the Property for the recovery of any sum owed by Lessor or any damages for which Lessor may be liable. 18.2 Additional Documents. Each party agrees that at any time and from time to time upon the written request of the other party, it will execute, acknowledge and deliver to the other party not later than ten (10) days after said written request such certificates or other documents as the requesting party may reasonably request in connection with this Lease. 18.3 Severability. If any term or provision of this Lease shall, to any extent, be illegal, invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be automatically as a part of this Lease, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 18.4 Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 18.5 Entire Agreement. It is expressly understood and agreed by and between the parties hereto that this Lease and the documents referred to herein set forth all of the promises, agreements, conditions, and understandings, whether written or verbal, between Lessor and Lessee relative to the subject matter contained herein and/or the Property and that there are no promises, agreements, conditions or understandings, either oral or written, between them other than. as herein set forth. 18.6 No Merger of Estates. The leasehold estate shall not merge with the fee estate in the event that the same person or entity acquires, owns or holds, directly or indirectly, the fee estate and the leasehold estate in the Property. 18.7 Choice of Law; Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law rules thereof which may direct the application of the laws of another jurisdiction. Venue shall be in Nueces County, Texas. 18.8 Table of Contents and Captions. The table of contents and the captions under the Article numbers of this Lease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease nor in any way affect this Lease. 18.9 Modifications. Each and every modification and amendment of this Lease shall be in writing and signed by Lessor and Lessee, and each and every waiver of, or consent to, or departure from any representation, warranty, covenant, or other term of this Lease shall be in writing and signed by the affected party thereto. [Signatures appear on the following page] IN WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the day and year first above written. City of Corpus Christi (Lessee) Angel R. Escobar (Date) City Manager Corpus Christi Independent School District (Lessor) Board President ATTEST: ATTEST: d f '4 Armando Chapa (Date) Carol A. cott ate) City Secretary Board Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: 112.0 1 t r January 6. 2011 T. Tri asb Dan g (D ate ) Philip D. Fraissinet et (Date) Assistant City Attorney Attorney For Corpus Christi ISD For City Attorney 11 AGENDA MEMORANDUM City Council Action Date: February 8, 2011 SUBJECT; Southmoreland Addition Street Improvements Phases 3B & 4B, Part 3 / Project No. 6525 AGENDA ITEM: Motion authorizing the City. Manager, or his designee, to execute a construction contract with IHS Construction, Inc. of Corpus Christi, Texas, in the amount of $629,617.17 for the Southmoreland Addition Street Improvements, Phase 3B and 4B, Part 3 for the total base bid. ISSUE: This project provides for the street reconstruction of a portion of the Southmoreland Addition on Watson Street from Ayers Street to 770 linear feet southeast of Ayers Street. The improvements also include new sidewalks, curb and gutter, curb ramps, and underground storm water improvements. Other work consists of the rehabilitation and replacement of deteriorating water and wastewater pipelines. The project has bid and City Council approval is required to begin construction. FUNDING: Funding for this project will come from the Community Development Block Grant Funds (CDBG), Bond 2004 Street Interest Reserves, and the Storm Water, Water, and Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the items as presented. Zaa, Eddie Ortega Director of Neighborhood Services 826 -3234 eddieo( cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Bid Tabulation Project Budget Letter of Recommendation Location Map Pete Anaya, P. . Director of Engineering Services 826 -3781 petean< ©cctexas.corn -171- HAHOME\VeImaP \GEN1STREET16525 SOUTHMORELAND PHASES 3B AND 4B PART 312 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 31 Project No. 6525 PROJECT DESCRIPTION: This project consists of the construction of a 28 -foot back -to- back street section, curbs and gutters, sidewalks, ADA requirements, driveways, underground drainage and utilities for the Southmoreland Addition Street improvements, Phase 3B & 4B, Part 3. The overall project was designed and will be constructed in phases as follows: ➢ Part 2 (Project No. 6522) — Norton Street from Ayers Street to Naples Street, and Lewis Street from Norton Street to Watson Street ➢ Part 3 (Project No. 6525) — Watson Street from Ayers Street to 770 LF southeast of Ayers Street ➢ Part 4 (Project No. 6526) — Watson Street from 770 LF southeast of Ayers Street to Naples Street, and Lewis Street from Watson Street to Clemmer Street, and ➢ Part 5 (Project No. 6527) — Naples Street from Norton Street to Richard Street. The majority of funding for the construction of Part 3 (Project No. 6525) came from the Community Development Block Grant program (CDBG) - through the U.S. Department of Housing and Urban Development. This project will directly impact a low- to moderate - income area by investing in transportation and infrastructure improvements as well as ADA accessibility. It will also improve the quality of life for the residents and improve the neighborhood, providing long -term economic benefits. The remaining balance of street funds will come from Bond 2004 Street Interest Reserve proceeds for possible street contingencies and project reimbursements. BID INFORMATION: On January 5, 2011, the City received proposals from nine bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $629,617.17 to $885,888.60. The estimated cost of construction is $690,000.00. The low bidder was IHS Construction, Inc., in the amount of $629,617.17. The consultant, Goldston Engineering, reviewed IHS Construction's required bid information and checked their references, which were favorable. In addition, IHS Construction, Inc. has successfully completed other city jobs in the past. Therefore, City staff and Goldston Engineering are recommending that the contract be awarded to IHS Construction, Inc., in the amount of $629,617.17. CONTRACT TERMS: The project is estimated to require 120 calendar days, with completion anticipated in July 2011. FUTURE ACTIONS: As funding allows, construction will be undertaken of Parts 4 and 5. H: IHOMEILYNDAS '.GEN1Streets1CDBG16265 - Seuthmorelarrd Phases 3B & 46X113/3 QNDA BACKGROUND.doc EXHIBIT "A" Pape 1 of 2 PROJECT BACKGROUND: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 1 (Project No. 6172) included all of Fannin Street and Lewis Street from Fannin Street to Norton Street. The improvements in those areas have been completed. Due to a lack of funding, subsequent improvements to other streets in the Southmoreland Addition were delayed. Consequently, the contract for professional services with Goldston Engineering, a CH2M Hill Company, was amended (Amendment No. 2) to repackage the bid documents for Southmoreland Addition Street improvements Phases 3B & 4B into four additional parts in order to accommodate available funding. Amendment No. 3 included professional services to design sanitary sewer line improvements for Part 5 (Naples Street from Norton Street to Richard Street, Project No. 6527). In 2010 Southmoreland Addition Street Improvements Phase 3B & 4B, Part 2 (Project 6522) was constructed with Community Development Block Grant - Recovery Funds (CDBG -R) -- better known as stimulus funding — through the U.S. Department of Housing and Urban Development and is completed. This project included all of Norton Street from Ayers Street to Naples Street, and Lewis Street from Norton Street to Watson Street. The poor condition of the aged infrastructure and location of the Southmoreland neighborhood was the basis for inclusion in the CDBG program. This is an older area of town and is characterized by inadequate underground storm water capacity with rolled curb and gutter sections and deteriorated water and wastewater pipelines. EXHIBIT "A" Page 2 of 2 H:IWOMEILYNDAS1GEN \Streets \CDBG16265 - Southmoreland Phases 313 & 4B, Pall &ENDA BACKGROUND.dac PRIOR PROJECT ACTIONS SUBJECT: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 3 / Project No. 6525 PRIOR COUNCIL ACTION: 1. February 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with Goldston Engineering, Inc. in the amount of $64,210 for the Southmoreland Addition Area Street Improvements, Phases 3B & 4B, for preliminary design of improvements to Norton, Fannin, Watson, Naples and Lewis streets. (Motion No. 2003 -076) 2. January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for professional services with Goldston Engineering, Inc: in the amount of $227,831 for a total restated fee of $292, 041 for the Southmoreland Addition Area Street Improvements, Phases 3B & 4B, for preparation of construction documents for improvements to Fannin Street from Ayers Street to the dead end, and Lewis Street from Fannin to Norton. (Motion No. 2005 -005) 3. February 13, 2007 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Reese Contracting in the amount of $977,777 for the Southmoreland Addition Street Improvements Phases 3B & 4B, Part 1, for the reconstruction of Fannin Street from Ayers Street to the dead end, and Lewis Street from Fannin to Norton. (Motion No. 2007 -041) 4. April 21, 2009 — Resolution adopting the FY 2009 Consolidated Annual Action Plan which includes the Community Development Block Grant, Emergency Shelter Grant, and the Home Investment Partnership programs; authorizing the City Manager or his designee to submit the FY 2009 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development (H.U.D.); and authorizing the City Manager or his designee to make changes in the FY 2009 Consolidated Annual Action Plan if required by H.U.D. (Resolution No. 028129) 5. October 27, 2009 — Resolution authorizing the City Manager or his designee to accept a grant from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant - Recovery (CDBG -R) Program and implement the grant for the following recipients: Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. d.b.a. Charlie's Place ($105,000); Coastal Bend Center for Independent Living ($25,378); CPL /Bright Biz - Direct Energy ($70,000); Nueces County Mental Health and Mental Retardation Community Center Foundation ($75,000); Neighborhood Centers of Corpus Christi Inc. ($125,000); and Westside Business Association ($100,000); and to execute all related documents. (Resolution No. 028375) --174— H:\HOME \VeImaP1GENISTREET16525 SOUTHMORELAND PHASES 3B AND 4B PART 314 AGENDA PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Pagel oft 6. October 27. 2009 -- Ordinance appropriating a grant of $911,062 from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant - Recovery (CDBG -R) Program in the 1059 Grant Fund for approved community planning and development projects and activities. (Ordinance No. 028376) 7 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) 8. February 9, 2010 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $594,295 for the Southmoreland Addition Street Improvements, Phase 3B and 4B, Part 2. (Motion No. M2010 -026) PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13. 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3. March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4. March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 5. March 28, 2002 -- Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 6. August 13. 2009 -- Administrative approval of Amendment No. 2 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, in the amount of $48,070 for a total restated fee of $340,111 for the Southmoreland Addition Street Improvements, Phases 3B & 4B, Part 2, Part 3, Part 4 & Part 5 (Project Nos. 6522, 6525, 6526 & 6527) to repackage the bid documents into five parts. 7. January 22, 2010 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, in the amount of $41,600 for a total restated fee of $381,711 for the Southmoreland Addition Street improvements, Phases 3B & 4B, Part 5 (Project No. 6527) to design sanitary sewer line improvements along Naples Street from Norton Street to Richard Street. --175— H:IHOME1VePmaP1GENISTREET16525 SOUTHMORELAND PHASES 3B AND 4B PART 3\4 AGENDA PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 2 of 2 01 Tabulated By: Laura Paul, E.LT., C.F.M. Goldston Engineering, A CH2M HILL Company Date: 11512011 Tabulation of Bids - Review Department of Engineering - City of Corpus Christi, TX Time or Completion: 120 P Engineer's Opinion of Cost: $890,000 Southmoreland Addition Street Improvements Phases 313 & 413, Part 3 Project No. 652.5 Project 111S Construction, Inc. P.O. Box 8354 Campus Christir TX 79466 Grace Paving & Construction, Inc. 4237 Baldwin Blvd. Corpus Christi, TX 78405 Fox Tree & Landscape Nursery inc. 5949 La Costa Corpus Christi, Texas 78414 Clark Pipeline Services, L.L.C. P.O. 1214 Corpus Christi, TX 78401 Reytec Constnlotion Resources, Inc. 1901 Hollister Houston, TX 77000 Item 1 DESCRIPTION OTT UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid PART A STREETS A-1 1.5' 11MAC TYPED, COMPLETE IN PLACE PER SQUARE YARD. 2,339 SY 5 12.42 $ 29,050.38 9 15.89 5 37,16671 5 11.00 $ ' 25,729.00 9 15.64 S 36,591.96 5 16.00 5 37,42460 A-2 0' LIMESTONE FLEXIBLE BASE, COMPLETE IN PLACE PER. SQUARE YARD. 2,334 SY 9 17.02 9 39,809.78 9 1738 5 40,651.82 9 15.20 3 35,552.80 9 19.76 S 46,218.64 S 18.00 $ 42,102.00 A-3 4" LIMESTONE FLEXIBLE BASE (UNDER & BEHIND CURB AND GUTTER), COMPLETE IN PLACE PER SQUARE YARD. 570 SY 5 12.65 S 7,210.50 5 16.45 $ 9,376.50 S 13.40 9 7,638,00 $ 17.29 S 9,855.30 S 15.00 $ 8,550.011 A-4 TENSARBX-1100 GEOGRID, COMPLETE IN PLACE PER SQUARE YARD. 2,929 SY $ 5.94 9 15,049.92 $ 3.86 9 11,302.08 $ 6.50 $ 19,032.00 $ 2,35 S 6,890.80 S 6.00 $ 17,568.00 A-5 PRIME COAT MC -30 @ 0.15 GAL/SY, COMPLETE IN PLACE PER GALLON. 351 GAL 5 6.93 $ 2,432.43 9 5.46 S 1,916.46 5 6,30 $ 7.211.30 $ 3.09 9 1,084.59 S 6.00 S 2,106.00 A-6 SEAL COAT, COMPLETE IN PLACE PER SQUARE YARD 2,339 SY S 4.43 S 10,361.77 $ 4.87 S 11,390.93 S 4,60 $ 10,759.40 $ 3.27 $ 7,64853 9 7.00 9 16,373.00 A,7 6" STANDARD CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT. 1,709 LF $ 13.84 $ 23,65256 5 13.76 5 23,515.84 5 13.20 $ 22,558.80 5 13.59 9 23,225,31 $ 19.00 S 30,762.00 A.8 CONCRETE DRIVEWAY, COMPLETE 114 PLACE PER SQUARE FOOT. 4,225 SF 9 6.00 S 25,350.00 $ 5.97 $ 2.5,223.25 5 7.00 S 29,575.00 9 5.97 3 25,223,25 9 8.00 $ 33,800.00 A-9 REMOVE & REPLACE PAVEMENT (PAVEMENT REPAIR), COMPLETE IN PLACE PER SQUARE YARD. 107 SY $ 60.00 5 6,420.00 $ 37.32 9 3,993,24 9 94.80 5 10,143.6D 9 37.05 5 3,964.35 $ 60.00 5 6,420.00 A-10 INSTALL FENCE (CHAIN LINK), COMPLETE IN PLACE PER LINEAR FOOT. 97 LF 9 18.72 $ 1,815.54 9 14.72 S 1,427.04 $ 28.80 5 2,793.60 0 43.23 5 4,193.31 S 32.00 5 3,104.00 A 11 OZONE ADVISORY DAY, COMPLETE IN PLACE PER EACH. 1 EA $ 608.71 9 608.7i 5 595.00 5 595,00 $ 100.00 5 100,00 $ 617.50 S 617.50 $ 500.00 9 500.00 A-12 TRAFFIC CONTROL, COMPLETE IN PLACE PER LUMP SUM 1 LS S 4,756.11 $ 4,758.11 $ 2,856.00 $ 2,850.00 $ 11,741.50 0 11,741.50 $ 24,700.60 9 24,700,00 $ 6,000.00 9 6,00000 A-13 STORMWATER POLLUTION PREVENTION PLAN, COMPLETE IN PLACE PER LUMP SUM. 1 LS $ 1,238.78 $ 1,238.78 $ 2,973.011 S 2,975 00 S 4,994.40 5 4,994.40 0 6,175,00 9 6,175.00 9 2,000.00 5 2,00090 A-14 MOBILIZATION/BONDS/INSURANCE, COPLFsTE IN ['LACE PER LUMP SUM. I LS $ 30,000.00 9 39,000.00 S 17,850.00 $ 17,650.00 $ 13,232.50 9 13,232.50 0 30,875.00 $ 30,875.00 9 20,000.00 $ 29,000.00 „., Subtotal PART A STREETS S 197,758.78 5 190,240.67 5 1960661.90 9 227,243.54 $ 226,709.01n PART 0 STORM WATER B -I 5' CURB INLET, COMPLETE IN PLACE PER EACH. 2 EA $ 2,952,29 0 5,704.58 $ 2,616.81 $ 5,233.62 $ 6,272.30 S 12,544,60 $ 2,439.13 $ 4,878.26 $ 3,000.00 S 6,00000 13-2 5' EXTENSION FOR CURB INLET, COMPLETE IN PLACE PER EACH. ' 5 EA 5 1,61136 5 8,056.60 5 1,114.79 $ 5,573.95 5 1,133.40 5 5,667,00 9 804.50 5 4,322.50 $ 1,000.40 $ 5,000.00 13-3 18" RCP CLASS 3, COMPLETE IN PLACE PER LINEAR FOOT. 66 LF S 71.91 5 4,746.06 $ 29.47 $ 1,945.02 5 16330 $ 10,777.80 $ 78.01 5 5,148.66 $ 123.00 $ 8,11800 B-4 36" RCP CLASS 3, COMPLETE IN PLACE PER LINEAR FOOT. 222 LF $ 165.00 S 36,630.00 S 103.02 0 22,870.44 $ 94.30 S 20,934.60 $ 129.00 S 26,640,09 5 174.00 $ 39,628.00 B-5 42" RCP CLASS 3, COMPLETE 1N PLACE PER LINEAR FOOT. STANDARD 35 LF $ 242.57 5 8,489.95 $ 149.41 5 5,229.35 5 193.60 S 6,77600 S 145.73 $ 5,10055 $ 210.00 $ 7,350.00 $-6 MANHOLE (TYPE 5), COMPLETE IN PLACE PER EACH.2 STANDARD EA 5 0,000,00 9 16,000.00 0 6,065.43 $ 12,130,86 5 5,457.30 $ 10,914.60 $ 6,892.00 $ 17,784.00 $ 10,000.00 9 20,000,00 B,7 MANHOLE (TYPE B), COMPLETE IN PLACE PER EACH, 1 EA 9 3,778.94 9 3,778.94 $ 2,759.61 $ 2,759.61 0 4,238.90 $ 4,238.90 9 3,581.50 5 3,581.50 $ 4,000.00 $ 4,000.00 B-8 TRENCH SAFETY (PIPES), COMPLETE 1N PLACE PER LINEAR FOOT. 332 LF S 6.19 S 2,055.08 $ 6.70 $ 2,224.40 $ 6.60 $ 2,191,20 S 1.24 $ 411.68 $ 5.00 $ 1,660.00 9:2107 GPJWg2R411 Otter CC SOM6mmebnd 004110n Ceelge Niem01F4-810001UMENTSTan527,0.5'16-014 Taro4Pa,l al 731101 11 Old Ta b -WAN Page 1,111 Tabulation of Bids - Review Department of Engineering - City of Corpus Christi, TX Tabulated By: Laura Paul, E.I.T., C.F.M. Goldston Engineering, A CH2M HILL Company Time or Completion: 120 Date:11512011 Engineers Opinion of Cost: 5690,0011 Southmoreland Addition Street Improvements Project Phases 313 & 413, Part 3 Project No, 6525 IHS Construction, Inc. P.O. Box 8354 Corpus Christi. TX 78468 Grace Paving & Construction, Inc. 4237 Baldwin Blvd. Corpus Christi. TX 78405 Fox Tree & Landscape Nursery Inc. 5949 La Costa Corpus Christi, Texas 78414 Clark Pipeline Servlees, LLC. P.O. 1214 Corpus Christi, TX 78401 Reytec Construction Resources, Inc. 1901 Hollister Houston, TX 77080 Item DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid B-9 TRENCH SAFETY (MANIIOLES), COMPLETE IN PLACE PER EACH.TRENCH 3 EA $ 1,402,75 $ 4,208.25 S 261.01 $ 783.03 $ 43130 S 1,293.90 $ 1,235.00 9 3,705.00 $ 100.00 0 300.00 B-10 SAFETY (INLETS), COMPLETE IN PLACE PER EACH. 2 EA S 420,83 5 841,66 $ 302.26 S 604.52 $ 4313 0 $ 862.60 S 1,235.00 5 2,470.00 S 100.00 0 200,00 B-11 CURB INLET SILT FENCE, COMPLETE IN PLACE PER EACH. 2 EA $ 156.74 $ 313.48 5 177.31 S 354.62 $ 233.10 $ 466.20 S 185.25 S 370.50 $ 100.00 $ 200.00 B-12 SODDING, COMPLETE 1N PLACE PEP. SQUARE YARD 818 SY 5 6.70 5 5,480.60 5 6.65 5 5,439,70 $ 6.10 S 4,989.80 5 4.94 5 4,040.92 $ 6,00 $ 4,908.00 H -l3 MOBILIZAT'ION/80NDSIINSUItANCH, COMPLETE 1N PLACE PER LUMP SUM_ 1 LS 5 11,900.00 5 11,000.00 $ 7,140.00 5 7,140.00 $ 7,32730 $ 7,327,30 5 9,262.50 $ 9,262.50 5 10,00400 $ 10,000.00 8-14 EXCAVATIONS, COMPLETE IN PLACE PERxerlt 2 EA 5 152.18 5 304.36 $ 516.46 S 1,932.92 5 1,207.70 5 2,415.40 5 1,852.50 $ 3,705.00 $ 1,100.00 $ 2,200.00 Subtotal PART 13 STORMWATER 1 rS 197,609.76 5 73,322.04 s 91,399.90 S 91,421.07 $ 108,564.00 PART C WATER C-1 8" C9011 PVC WATERLINE, COMPLETE 114 PLACE PER LINEAR FOOT. 890 LF 9 2800 5 ' 24,920.00 $ 19.29 $ 17,168.10 5 47.70 5 42,453.00 5 44.42 5 39,53180 $ 71.00 5 63,190.00 C»2 FERE HYDRANT ASSEMBLY (INCL VALVE & TEE), COMPLETE IN PLACE PER EACH. 3 EA S 3,940.18 5 11,120.54 5 8,257.34 $ 24,772,02 $ 3,42330 $ 10,269.90 S 3,149.25 9 9,447.75 5 4,400.00 S 13,200.00 C-3 8" x 8" TAPPING SLEEVE & VALVE W/ BOX, COMPLETE IN PLACE PER EACH. 1 EA $ 3,063.60 $ 3,063,60 $ 5,386,54 S 5,386.54 $ 2,580.90 0 2,580.90 9 3,303.63 $ 3,303.63 S 5,000.00 $ 5,000.00 C-4 6" x 6' TAPPING SLEEVE & VALVE W/ BOX, COMPLETE IN PLACE PER EACH. 1 EA $ 2,401.15 $ 2,401.15 S 3,828.83 5 3,820.83 5 1,984.90 • 5 1,984.90 S 2,741.70 S 2,741.70 $ 4,500 00 $ 4,500.09 C-5 8" VALVE W/ BOX, COMPLETE IN PLACE PER EACH. 6 EA $ 1379.73 ' 5 8,27838 5 3,464.11 $ 20,764.66 5 1,296.80 $ 7,780,80 5 1089.63 9 ' 6,483.78 $ 600.00 $ 4,800.00 C-6 8"x 8" CROSS, COMPLETE IN PLACE PER EACH. 1 EA $ 859.57 5 85937 $ 1,177.58 5 1,177.58 $ 596,70 5 596.70 5 617.50 S 61730 $ 350.00 5 350.00 C-7 8" x 8" TEE, COMPLETE IN PLACE PER EACH. I EA 0 525.34 5 52534 5 1,015.13 $ 1,015.13 5 493.00 $ 443.00 $ 370,50 $ 37030 $ 260.00 5 260,00 C-8 8" x 4" TEE, COMPLETE IN PLACE PER EACH. I EA $ 506.97 5 506.97 5 798.82 $ 796.82 $ 316,00 $ 316.00 S 185.25 $ 185.25 5 410.09 5 419.00 C-9 8" Ml 45° BEND, COMPLETE IN PLACE PEREACH 4 EA $ 287.56 5 1,150.24 1 823.85 0 3,295.40 S 346.00 5 1,384.00 5 216.13 S 864.52 $ 23405 5 920.00 C 10 B" x 6" REDUCER, COMPLETE IN PLACE PER EACH. 1 EA S 360.55 S 360.55 $ 527.47 S 527,47 $ 314.90 5 314.90 S 185.25 $ 185.25 5 320,00 $ 320.00 C -I k 8" PLUG, COMPLETE IN PLACE PER EACH. I EA $ 140,94 $ 140.44 $ 381.69 $ 381.69 $ 203.40 5 203.40 5 60.28 S 80.28 5 600.00 $ 800.00 C-12 6" MI PLUG, COMPLETE IN PLq.CE PER EACH. 1 EA 9 119.86 $ 119.86 $ 283.64 $ 283.64 5 186.40 $ 186.40 $ 61.75 $ 61.75 5 700.00 5 700,00 C-13 4" MI PLUG, COMPLETE IN PLACE PER EACH 1 EA 5 100.70 5 100.70 5 182.25 5 112.25 $ 171.00 S 171.00 $ 61,75 5 61.75 $ 500.90 S 500.00 C-14 WATER SERVICE LINE (RESIDENTIAL - LONG SIDE CONNECTION), COMPLETE TN PLACE PEREACH. 10 EA $ 764.93 9 7,649.30 9 1,721.99 $ 17,219.90 $ 1,283.40 $ 12,834.00 S 2,309.45 $ 23,044.50 5 1,500.00 $ 15,000.00 C-15 WATER SERVICE LINE (RESIDENTIAL - SHORT SIDE CONNECTION), COMPLETE IN PLACE PER EACH. 6 EA 5 589.91 S 3,539.46 $ 1,189.66 5 7,137.96 5 894.60 5 5,367.60 9 1,358.50 5 8,1510.0 $ 1,000.00 $ 6,00000 C -l6 TRENCH SAFETY (WATERLINES), ESS) COMPLETE IN PLACE PER LINEAR FOOT. 890 LF $ 2.63 5 2,340,79 $ 5.95 $ 5,295.50 S 2.50 S 2,225.00 0 124 5 1,103.60 5 0.10 5 89.00 C -I1 MOBILIZATION/BONDS/INSURANCE, COMPLETE IN PLACE PER LUMP SUM, 1 LS $ 7,500.00 S 7,500.00 5 13,090.00 $ 13,090.00 $ 6,769.40 $ 6,769.40 5 7,410.00 $ 7,410.00 S 12,000.00 $ 12,000,00 C-19 PRE -CONSTRUCTION EXPLORATORY EXCAVATIONS, COMPLETE IN PLACE PER EACH. 2. EA $ 152.18 $ 304.36 5 516.46 $ 1,032.92 $ 1,207.70 $ 2,415,40 5 1,652.50 S 3,705.00 $ 1,10400 - S 2,200.00 Subtotal PART C WATER 1 1 1 $ 75,591.66 S 1231378.41 $ 98,298.30 5 107,401.56 $ 130,239.00 4.:2002 GD0.020241l Cby of CC - 5o0lgulm elaul 08890 Design Mo,,411-81000CUMENTSWads 2,3,45105015 Tabs1PM 34 2011 01-1104 -04,uoime P402,11 rn N W co tt. Tabulation - of,Bids - Review Department of Engineering - City of Corpus Christi, TX Tabulated By: Laura Paul, E.LT., G.F.M. Goldston Engineering, A CH2M HILL Company Tlmo c[ Completion: 120 Date: 11512011 p Snuthmoreland Addition Street Improvements Project Phases 3B & 48, Part 3 Project No. 6525 IHS Construction, Inc. P.O. Box 8354 Corpus Christi, TX 78468 Grace Paving & Construction, inc. 4237 Baldwin Blvd. Co us Christi. TX 78405 Fox Tree 4 Landscape Nursery Inc. 5549 La Costa ' Corpus Christi Texas 78414 sneer's Clark Pipeline Services, L.L.C. P.O. 1214 Cornua Christi TX 78401 ()Onion of Cost: 5690:000 Reytec Construction Resources, Inc. 1901 Hollister Houston TX 77060 i Item 1 DESCRIPTION QTY UNIT UNIT PRICE AMOUNT I UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid 1 1 I PART D WASTEWATER 13-1 12" INC WASTEWATER LINE, COMPLETE IN PLACE PER LINEAR FOOT. 835 LF $ 45.00 5 37,575.00 5 26.90 5 22,461.50 S 70.40 $ 58,784,00 $ 108.99 5 . 91,006.65 0 93.00 8 77,655,00 13-2 4' DIAMETER WASTEWATER MANHOLE, COMPLETE IN PLACE PER EACH. 5 EA $ 4,500.00 5 22,500.00 $ 9,996.00 $ 49,960,00 $ 8,324.70 $ 41,623.50 S 4,569.50 $ 22,847.50 $ 7,500.00 S 37,500.00 D-3 REHABILITATE EXISTING WASTEWATER MANHOLE, COMPLETE IN PLAN. PER EACH. 1 EA S 4,947.39 $ 4,947,39 S 6,108.95 $ 6,106,95 $ 21,343.80 8 2E343.80 6 3,828.00 S 3,828.00 5 6,500.00 5 8,500.00 D-0 WASTEWATER SERVICE LINE (RESIDENTIAL - SHORT SIDE CONNECTION), COMPLETE IN PLACE PEREACIL 18 EA 5 801.31 S 14,423.58 $ 1,301.73 $ 23,431.14 $ 855.70 S 15,402,60 5 1,068.28 S I9,229.04 $ 1,000.00 S 18,000.09 D-5 WASTEWATER SERVICE LINE (RESIDENTIAL - LONG SIDE CONNECTION), COMPLETE 1N PLACE PER EACH. 14 EA 6 929.83 5 13,017,62 5 1,409.79 5 19,737.06 $ 1,044.10 6 14,617.40 - S 1,883.38 S 26,36732 5 1,700.00 S 23,800,00 -1 -6 WASTEWATER SERVICE LINE (COMMERCIAL -SHORT SIDED CONNECTION), COMPLETE IN PLACE PER EACH. 1 EA 6 1,014.79 S 1,014.79 S 1,547.50 S 1,547.50 $ 1,805.50 $ 1,105.59 5 1,179.43 5 1,179.43 $ 1,000.00 5 1,000.00 13-7 WASTEWATER SERVICE LINE (COMMERCIAL -LONG SIDE CONNECTION), COMPLETE IN PLACE PER EACH. 1 EA 5 1,111.36 $ 1,111,36 5 1,733.51 5 1,733,51 5 1,28430 6 1,284.30 S 1.968,35 5 1,988.35 $ 1,900.00 5 1,900.00 D-8 TRENCH SAFETY (MANHOLES), COMPLETE IN PLACE PER EACH. 5 EA $ 157.61 $ 769,05 $ 178.50 5 892.50 5 517,50 $ 5,587.50 $ 1235,90 5 6,175.00 $ 100.00 $ 500.00 I]-9 TRENCH SAFETY (PIPES), COMPLETE IN PLACE PER LINEAR FOOT. 835 LF 3 4.31 S 3,596.81 5 5.95 5 4,968.25 5 1,70 S 2,254.50 S 1.24 $ 1,035.40 5 LW $ 835.00 D-10 MOBILIZATION/BONDS/INSURANCE,L1 PER, COMPLETE IN PLACE PER LUMP SUM. 1 LS S 12,000.00 5 12,000.00 $ 7,973,00 5 7,973.00 $ 9,545.20 $ 9,545.20 $ 7,410.99 $ 7,410,00 $ 16,000.00 $ 16,000.90 D-11 PRE -CONSTRUCTION EXPLORATORY EXCAVATIONS, COMPLE it. IN PLACE PER EACH. 2 EA 5 152.18 S 304.36 S 240.38 S 480.76 5 1,207.70 $ 2,415.40 S 8,852.50 $ 3,705.00 $ 1,100.00 5 2,200.00 D-12 GROUT FILL ABANDONED WASTEWATER LINE, COMPLETE AND IN PLACE PER LINEAR FOOT. 100 LE 5 20.37 5 2,037.00 S 27,85 $ 2,785.00 5 26.80 S 2,660.00 5 6.65 5 865.00 6 12.00 S 1,200,00 Subtotal PART D WASTEWATER S 113,3I9.00 _ $ 142,499.17 S 12,843.70 S 185,63669 $ 189090.00 PARTE ADA ELEMENTS - E-1 ADA CURB RAMPS, COMPLETE IN PLACE PER EACH. 14 EA 5 1,39058 5 13,905.60 $ 1,170.01 6 11,700,10 5 678.20 5 6,782.00 $ 1,482.00 $ 14,826.00 S 1,400,00 S 14,000,00 E-2 CONCRETE SIDEWALK, COMPLETE IN PLACE PER SQUARE FOOT. 5,005 SF $ 456 6 24,324.30 5 4.00 $ 20,020.00 $ 5.40 S 27,027.00 5 4.22 S 21,121.10 5 6.00 3 30,030.00 Subtotal PART E ADA ELEMENTS S 38,230.10 S 31,720.10 S 33,809.00 S 35,941.10 5 44030.00 PART F DEMOLITION F-[ DEMOLITION, COMPLETE IN PLACE PER LUMP SUM 1 LS 5 97,817.87 5 97,117.87 5 61,495.72 5 61,495.72 5 ' 80 95.72 $ 56,4110.10 5 58,400.10 5 58 400.10 $ 47,364.48 $ 47,369.48 5 47 69.46 5 50,000.00 $ 50,000.00 S 50009.00o Subtotal PART F DEMOLITION 97 17.87 • - SUBTOTAL PART A STREETS 5 197,758.78 5 190,240.67 $ 196,061.90 S 227,243.54 $ 226.709.00 SUBTOTAL PART B STORM WATER $ 107,609.76 5 73,322.04 $ 91,399.90 5 91,421.07 5 100,564:0 SUBTOTAL PART C WATER $ 75 581.66 S 123 378.41 5 98,298.30 5 107.401.56 5 130,239.00 P.120V{GEM02024-11 Chi oI CC . Seuthmme0M /Wigan Oedon Memoll1-e10 UOCUMENTSIpe0n 2.3,4,�r1g5-Bp Tabs -Tort 31 2011 01 11 Bid Tab •LO.d,, Page 3 06 - - Tabulation of Bids - Review Department of Engineering - City of Corpus Christi, 'IX Tabulated By: Laura Paul, 0.1.1., C.F.M. Goldston Engineering, A CH2M HILL Company Time of Completion: 120 Date: 1/5/2011 Engineers Opinion of Cast: $6901000 Scuthmoreland Addition Street Improvements Project Phases 313 & 4B, Part 3 _ _ Project No. 6525 IHS Construction, Inc. P.O. Box 8354 Corpus Ghrlstl� TX 78488 Grace Paving & Construction, Inc. 4237 Baldwin Blvd. Corpus Christi, TX 78405 Fox Tree & Landscape Nursery Inc. 5949 La Costa Coyus Christi Texas 78414 Clark Piperne Services, LLC. P.O. 1214 Corpus Christi" TX 78401 i Reytac Construction Resources, Inc. 1901 Hollister Houston, TX 77080 Item 1 DESCRIPTION CITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid SUBTOTAL PART D WASTEWATER $ 113,319.00 $ 142,099.17 $ 173,843.70 $ 185,638.89 $ 189y090.00 SUBTOTAL PARTE ADA ELEMENTS $ 38,230.10 $ 31,720.10 $ 33809.00 $ 35,941.10 $ 44,030.00 SUBTOTAL PART F DEMOLITION $ 97,117.87 $ 81,495.72 $ 58,400.10 $ 47,359.48 $ 50,000.09 _ TOTAL BID $ 629,817.17 $ 542 255.11 $ 851,812.90 $ 695 013.44 $ 748 632.00 C.0 CORRECTED UNIT PRICE EXTEN$ION P:170E2 0E!U402l124.11 Cody or cc-saulhmldend AddMon Design Me :1111.RM 000UMENTBPaIn 2,3.4,5185 -Bid Tai, 'et31 0011 01 11 EU -rob -ur.xtlm Page 4 as Tabulated By: Laura Paid, E.I.T., C.F,M. Goldston Engineering, A CH2M HILL Company Date: 5/6/2011 Soulhmoreland Addition Street Improvements Project Phases 3B & 42. Part 3 Pro ct No. 6525 DESCRIPTION Item A-1 A-2 A-3 A-4 A-5 Base Bid PART A STREETS Tabulation of Bids - Review Department of Engineering - City of Corpus Christi, TX 1.5" H MAC TYPE D, COMPLETE IN PLACE PER SQUARE YARD. 8" LIMESTONE FLEXO3LE BASE, COMPLETE IN PLACE PER SQUARE YARD. 4" LIMESTONE FLEXIBLE BASE (UNDER & BEHIND CURB AND GUTTER), COMPLETE IN PLACE PER SQUARE YARD. TENSAR BX -1100 GEOGRID, COMPLETE IN PLACE PER SQUARE YARD. PRIME COAT MC -30 ® 0.15 GAL/SY, COMPLETE E./PLACE PER GALLON. A-6 A-7 A-8 A-9 A-10 A -I 1 A-12 A-13 A-14 O & L Young Construction P.O. Box 260429 Corpus Christi. TX 78426 QTY UNIT UNIT PRICE 2,339 2,339 SY S 13.58 SY S 15.22 Leoncitos, Inc. P.O.Box 270898 Corpus Christi, TX 78427 AMOUNT 5 31,763.62 9 35,599.58 UNIT PRICE S 14.77 14.77 AMOUNT 5 34,547.03 34,547.03 UNIT P Garrett Construction P.O. Box 1028 1n$fes de, TX 78362 RICE AMOUNT $ 8.75 5 13.55 Time of Completion: 120 Engineer's Opinion of Cost: 5690,000 5 20,466.25 5 31,693.45 Berry Contracting LP dba Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 UNIT PRICE 9 11.00 S 14.00 AMOUNT $ 25,729.00 S 32,746.00 570 2,928 SY $ 11.07 SY 5 2.90 S 6,309.90 S 8,491.20 5 14.77 $ 5,03 $ 8,41890 S 14,727,84 $ 11.00 5 3.55 5 6,270.00 $ 10,394.40 5 2.50 S 3.60 5 1,425.00 S 10,549.80 SEAL COAT, COMPLETE IN PLACE PER SQUARE YARD. 6" STANDARD CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT. CONCRETE DRIVEWAY, COMPLETE IN PLACE PER SQUARE FOOT. REMOVE & REPLACE PAVEMENT (PAVEMENT REPAIR), COMPLETE IN PLACE PER SQUARE YARD. INSTALL FENCE (CHAIN LINK), COMPLETE IN PLACE PER LINEAR FOOT. 351 GAL 5 9.84 S 3,453.84 S 4.90 5 1,719.90 $ 4,65 S 1,632.15 5 5.00 5 1,755.00 OZONE ADVISORY DAY, COMPLETE IN PLACE PER EACH. TRAFFIC CONTROL, COMPLETE IN PLACE PER LUMP SUM. STORMWATERPOLLUTION PREVENTION PLAN, COMPLETE IN PLACE PER LUMP SUM. MOBILIZATION/BONDS/INSURANCE, COMPLETE IN PLACE PER LUMP SUM. Sublets/ PART A STREETS 2,339 1,709 4,225 107 97 1 1 1 SY $ LF $ 5.84 12.86 SF 5 6,85 SY S 55.67 LF 5 34.00 EA S 2,53720 LS $ 5,687.43 1S 5 2,762.50 LS 5 15,152.19 $ .13,659,76 $ 21,977.74 $ 28,941.25 9 5,956.69 5 3,296.00 5 2,537.20 5 5,667.43 S 2,762.50 $ 15,152.19 S 12.26 $ 21.46 S 5 5 6.13 14.77 30.65 5 4,777.88 S 6,130.20 S 01,665.03 5 28,676.14 S 36,675.14 $ 25,899.15 0,560.39 5 2,973.05 5 4,777.88 S 6,130.20 5 18,665.03 5 2.35 $ 14.55 S 9.00 5 63,55 5 35.25 S 500.00 $ 4,123,65 $ 2,24910 5 52,106.90 185 90.90 S 219 7,78 5 5,496.65 S 24,865.95 S 36,025,00 5 6,799.85 S 3,419.25 500,00 5 4,123.65 S 2,249.20 S 52,106.90 $ 3.00 5 21.00 5 7.00 $ 38.00 $ 41.011 $ 500.00 $ 14,000.00 1 13,000.00 S 8,188.00 S 7,017.00 S 35,889.00 5 29,575.00 S 4,066.00 $ 3,977.00 5 500.00 S 14,000.00 S 13,000.00 5 6,188.00 S 208 042.70 B-1 PER EACH. PART 13 STORM WATER 5' CURB INLET, COMPLETE IN PLACE 13-2 B-3 PER LINEAR FOOT. 5' EXTENSION FOR CURB INLET, COMPLETE IN PLACE PER EACH. 18" RCP CLASS 3, COMPLETE IN PLACE E-0 B-5 B-6 13-7 B-8 36" RCP CLASS 3, COMPLETE IN PLACE PER LINEAR FOOT. 42" RCP CLASS 3, COMPLETE IN PLACE PER LINEAR FOOT. STANDARD MANHOLE (TYPE 5), COMPLETE 114 PLACE PER EACH. STANDARD MANHOLE (TYPE B), COMPLETE IN PLACE PER EACH. 2 5 66 EA 5 2,395.48 EA S 1,124.90 LF $ 122.26 5 4,790.96 5 5,624.50 5 8,069.16 $ 7,211,44 5 1,310,02 S 188.69 S 188 07,80 S 14,422.88 5 6,550,10 S 12,453.54 $ 3,340.10 $ 832.15 5 • 81.35 5 6,680.20 5 4,160,75 5 5,369.10 S 3,500,00 $ 1,300,00 S 220.00 S 7,000.00 S 6,500,00 $ 14,520.00 1 222 LF 5 144.70 32,141.16 $ 109.36 24,277.92 $ 133.45 29,625.90 226.00 50,172.00 35 LF 5 221.00 5 7,735.00 S 225.22 S 7,882.70 S 187.80 $ 6,573.00 5 350.00 $ 10,500.00 TRENCH SAFETY (PIPES), COMPLETE IN PLACE PER LINEAR FOOT. 2 1 332 EA $ 13,054.00 EA $ 6,903.24 LF 5 4.42 S 26,108.00 S 8,903.24 S 1,467,44 5 6,303.68 5 4,899.01 7.72 S 12,607.36 $ 4,899.01 5 2,063.04 $ 8,630.40 9 6,006.55 $ 11.45 5 17,260.60 5 6,006.55 5 3,801.40 $ 11,000,00 $ 6,000,00 5 2.50 S 22,000.00 $ 6,000.00 S 830.00 P32002_DEN402024-1l CIF/ of CC- SmMmorelad R44 S Design JOemo511-0D OOC11laENT85PaIe 2,3,45105-104Ta1:,1Pa431 Z011 01 118N Tab-tO.M,a Pogo Sofa Tabulation of Bids - Review Department of Engineering - City of Corpus Christi, TX Tabulated By: Laura Paul, ELT., C..M. Goldston Engineering, A CH2M HILL Company Time of Completion: 120 Date: 115!2011 En : lneer's O. inlon of Cost: 5690 000 • Southmoreland Addition Street Improvements Project Phases 36 8 4B, Part 3 Project No. 6525 0 & L Young Construction P.O. Box 260429 Corpus Christi. TX 78426 Leoncftas, Inc. P.O.Bnx 270098 a Corpus Christi, TX 78427 Garrett Construction P.O. Box 1020 L Ingleside TX 76362 Berry Contracting LP dba Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 item • DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid B-9 TRENCH SAFETY (MANHOLES), COMPLETE IN PLACE PER EACH. 3 EA $ 552.50 $ 1,657.50 $ 505.74 $ 1,517.22 S 572.75 5 •1,718.25 $ 400,00 5 1,200.00 B-10 'IRENCHSAFETY(WLETS),COMPLETE IN PLACE PER EACH. 2 EA 5 33!.50 $ 663.00 $ 505.74 S 1,011.48 $ 572.75 5 1,145.50 $ 400.00 $ 800.00 S-11 CURB INLET SILT FENCE, COMPLETE IN PLACE PER EACH. 2 EA 5 223.88 5 447.76 5 0.92 5 1.84 $ 150.20 $ 300.40 5 200,00 $ 400.00 B-12 SODDING. COMPLETE IN PLACE PER SQUARE YARD. 618 SY $ 3.79 5 - 3,100.22 5 7.11 S 5,815.98 5 17.00 $ 13,906.00 5 16.95 5 13,865.10 B 13 MOBLIZATTON160NDSIWSUIiATNCE, COMPLETED{ PLACE PER LUMP SUM. 1 LS $ 10,152.19 $ 10,152.19 $ 6,871.95 5 6,871.95 $ 6,000.00 $ 6,000.00 $ 8,188.00 5 9,188.00 8-14 " EXCAVATIONS, COMPLETE IN PLACE PER EACH. 2 EA 5 2,408.90 5 4,817180 5 1,375,74 $ 2,751.48 5 624.80 S 1,649.60 $ 1,300.00 5 2,690.00 Subtotal PART B STORMWATER J 5 115,677.93 $ 103,626.50 5 184,197A5 5 144575.10 PART C WATER C -t 8" C900 PVC WATERLINE, COMPLETE IN PLACE PER LINEAR FOOT. 890 LF 5 26.93 $ 23,967.70 5 54.68 S 48,665.20 5 45,80 $ 40,762.00 S 73.00 5 64,970.00 C-2 FIRE HYDRANT ASSEMBLY (INCL VALVE & TEE), COMPLETE IN PLACE PER EACH. 3 EA $ 2,795.11 5 8,385.33 $ 3,997.63 5 11,992,69 $ 4,696.35 5 14,089.05 $ 4,300.00 5 12,900.00 C-3 8" x 8" TAPPING SLEEVE & VALVE W/ BOX, COMPLETE IN PLACE PER EACH. 1 EA 5 6,023.64 $ 6,023.64 5 3,904.90 $ 3,904,90 5 3,550.90 $ 1,559.90 $ 2,700.00 5 2,700.00 C-4 6" x 6' TAPPING SLEEVE & VALVE W/ BOX, COMPLETE IN PLACE PER EACH. I EA $ 5,521.15 5 5,521.05 $ 2,308.39 $ 2,308.39 5 3,207.25 5 3,207.25 5 2,000.00 5 2,000.00 C-5 8" VALVE W/ BOX, COMPLETE IN PLACE PER EACH 6 EA 5 1,546.63 $ 9,292.98 $ 1,511.09 5 9,066.54 S 1,489.10 5 8,934,60 5 1,500.00 5 9,000,00 C-6 ee x 8" CROSS, COMPLETE IN PLACE PER EACH. 1 EA S 1,021.87 5 1,021.87 $ 692.47 $ 692.47 $ 687,25 $ 687.25 $ 350.00 5 350,00 C-7 BA LL TEE, COMPLETE IN PLACE PER 1 EA $ 853.19 5 853.19 5 514.69 $ 514,69 5 572.75 5 572.75 S 400.00 $ 409.00 C-8 8" x 4" TEE, COMPLETE IN PLACE PER EACH. 1 EA $ 733.10 5 733,10 ' $ 36806 5 368.06 S 916.35 5 , 916.35 $ 850.00 5 859.00 C-9 8" MJ 45° BEND, COMPLETE IN PLACE PEREACH 4 EA 3 537.00 $ 2,146.00 $ 400.92 5 I,603.68 5 515.45 5 2,061.60 5 250.00 $ 1,000.00 C -I9 8" x 6" REDUCER, COMPLETE IN PLACE PER EACH. 1 EA $ 352,17 $ 352.17 5 364.38 $ 364.38 •?f S 515,45 $ 515.45 S 400.00 $ 40000 Gl! 8" MI PERPLUG, COMPLETE IN PLACE PER 1 EA 5 245.57 $ 245,57 $ 233.68 5 233.68 $ 114.55 5 114.55 $ 125.00 S 125.00 C-12 6' MO PLUG, COMPLETE IN PLACE PER EACH, 1 EA $ 229.27 $ 229.27 $ 213.70 5 213.70 $ 114.55 $ 114.55 $ 500.00 $ 509.00 G13 4" MI PLUG, COMPLETE IN PLACE PER EACH, • I EA 5 214.50 5 214,50 $ 195.68 5 195.68 5 114.55 $ 114.55 $ 250.00 5 250.00 C-14' WATER SERVICE LINE (RESIDENTIAL - LONG SIDE CONNECTION), COMPLETE IN PLACE PER EACH. 10 EA $ 1,402,44 5 14,024.40 5 1,475.91 5 14,759.10 5 1,718.20 $ 17,182.00 5 1,300.00 5 13,000.00 C-15 WATER SERVICE LINE (RESIDEN'IJAL - SHORT SIDE CONNECTION), COMPLETE 114 PLACE PER EACH. 6 EA $ 881.21 5 5,287.60 $ 1,029.63 S 6,177.79 5 1,603.65 $ 9,621.90 $ 1,100.00 5 6,600.00 C-16 TRENCH SAFETY (WATERLINES), COMPLETE IN PLACE PER LINEAR FOOT. 990 LF $ 4.42 $ 3,933 80 S 2.94 5 2,616.60 5 5.75 5 5,117.50 S 6,00 $ 5,340.00 C-17 MOBILIZATION/BONDS/INSURANCE, COMPLETE IN PLACE PER LUMP SUM. 1 LS $ 10,152.19 $ 10,152.19 5 6,148.59 $ 6,146.59 5 9,650,90 5 9,850.90 5 8,18800 $ 8,188.00 C-18 PRE -CONSTRUCTION EXPLORATORY EXCAVATIONS, COMPLETE IN PLACE PER EACH. 2 EA 5 2,839.85 $ 5,679.70 $ 1,375.74 $ 2,751.48 5 1,718,20 $ 3,436.40 $ 1,400.00 $ 2,800.00 Subtotal PART C WATER $ 98066.24 $ 111,677.81 $ 120,849.75 $ ' 131,373.00 F32002 6EI1A U 4.11 CSy al CC- Soon mwNand Addem➢m� Melnd11-01000CUME0ISPada],3,4,5' OId Taxs1pSR3, 20110111 Bid Tab .t1r u Pereeara — Tabulation of Bids - Review Department of Engineering - City of Corpus Christi, TX Tabulated By: Laura Paul, ELT., C.F.M. ' Goldston Engineering, A CH2M HILL Company Completion: Time of 120 Date: 115!2011 - - - - -- -- ---- En .- ._..... Southmoreland Addition Street Improvements Project G & L Young Construction - 0 • Inion of Cast: $690 000 ----- - - Leeneltos, Inc. Phases 3B & 4B, Part 3 P.O. Box 260429 P.O.Box 270898 ecE No. 6525 Co us Christi. TX 78426 - Co • us Christi TX 78427 Garrett Construction P.O. Box 1028 In Berry Contracting LP dba Bay Ltd. R.O. Box 99013Pro Nem DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT a Vesicle, TX 78362X UNIT PRICE AMOUNT CoCe � vs Christi TX 78469 UNIT PRICE AMOUNT Base Bid PART D WASTEWATER D-1 12" PVC WASTEWATER LINE, COMPLETE IN PLACE PER LINEAR FOOT, 835 LF $ 62.88 $ 52,504.80 9 8992 $ 67,568.20 $ 65.90 $ 71,726.50 $ 115.00 5 96,025.80 D-2 4' DIAMETER WASTEWATER MANHOLE, COMPLETE IN PLACE PER EACH. 5 EA 5 11,275.00 $ 56,375 00 $ 9,637.65 S 48,188.25 $ 9,163,65 9 45,818.25 $ 11,100.00 9 55,500.00 D-3 REHABILITATE EXISTING WASTEWATER MANHOLE, COMPLETE IN PLACE PER EACH. 1 EA 'S 13,770.09 5 13.77000 5 9,924.79 S 9,924.79 5 14,318.15 , $ 14,318.15 $ 15,000.00 $ 15,00099 D4 WASTEWATER SERVICE LINE (RESIDENTIAL - SHORT SIDE CONNECTION), COMPLETE IN PLACE PER EACH. IB EA $ 703.91 0 12,67038 $ 964.02 S 17,712.36 5 1,374.55 3 24,741.99 5 790.00 S 14,220,00 D-5 WASTEWATER SERVICE LINE (RESIDENTIAL - LONG SIDE CONNECTION), COMPLETE IN PLACE PER EACH- 14 EA $ 1,254.12 S 17,557.66 5 1,204.17 S 16,802.38 $ 1,603.65 S 71,451.10 5 1,530.00 9 21,420.00 , D-6 WASTEWATER SERVICE LINE (COMMERCIAL -SHORT SIDE CONNECTION), COMPLETE IN PLACE PER EACH. 1 EA 5 742.60 5 742,60 $ 1,272.26 S 1,27226 $ 2,061,80 0 2,061.80 L. S 1000.00 $ 1,00060 D 7 WASTEWATER SERVICE LINE (COMMERCIAL - LONG SIDE CONNECTION), COMPLETE IN PLACE2,2,176.35 PER EACH. 1 EA 5 1,311.60 0 1,311.60 5 1,477.01 5 1,477.01 ••' $ 176,35 5 0 1,700.00 S 1,709-40 D-8 TRENCH SAFETY (MANHOLES), IN PLACE PER EACH. 5COMPLETE EA $ 552.50 5 2,762.50 $ 606.89 5 3,034.45 3 6$715 5 3,436.25 S 500.00 $ 2,590.00 D-9 TRENCH SAFETY (PIPES), COMPLETE IN PLACE PER. LINEAR FOOT. 635 LF - 5 4.42 5 3,690.70 5 3.19 0 2,663.65 S 5.75 $ 4,801.25 5 432 S 3,607.20 D-10 MOBILTZATIONlBOND5IIVSURANCE COMPLETE IN PLACE PER LUMP SUM. 1 LS $ 13,577.69 5 13,57769 . $ 8,101.67 5 8,101.67 5 9,850.90 5 9,85099 $ 8,188,00 $ 0.188.00 D-11 PRE -CONSTRUCTION EXPLORATORY EXCAVATIONS, COMPLETE IN PLACE PER EACH. 2 EA $ 2,790.12 9 5,580.24 S 1,375.74 S 2,751.41 5 1,718.20 5 3,436,40 5 1,400.09 5 2,800.00 13-12 GROUT FILL ABANDONED WASTEWATER LINE, COMPLETE AND IN PLACE PER LINEAR FOOT. 100 LF S 45.10 5 4,510.00 $ 6.13 5 613.00 5 34.35 S 3,435.00 5 30.50 $ 3,050.00 Subtotal PART 13 WASTEWATER __- 5_ 185053.191- S 180109,50.-�i, .. 1.1 . S 22591020 PART E ADA ELEMENTS E-1 ADA CURB RAMPS, COMPLETE IN PLACE PER EACH. 10 9 940.00 5 9,400.00 $ 1,53235 $ 15,325.50 5 1,431.45 $ 14,314.50 5 1,900.00 $ 19,000.00 E-2 CONCRETE SIDEWALK, COMPLETE IN PLACE PER 5 r UARE FOOT. 5,005 $ 532 $ 26,626.60 5 5.21 5 2.6,076.05 5 5.00 5 25,025.00 $ 4.50 5 22,52239 Subtotal PART E ADA ELEMENTS $ 36026,60 $ 41,40155 S 39 79,50 • PART FION © -,_ $ 136503.70 S 155090.00 , , 11.1111. 0 155,000.00 , F -I C DEMOLITION,ION, COMPLETE IN PLACE PER LUMP SUM. 1 5 01,141.40,1.40' $ 13114 S 139,256.96 S 139,256.96 5 136,503.70 Subtotal PART F DEMOLITIONo- S 139 6.96 ii I l -_ 5 155 000.00 WI 111 MI, SUBTOTAL PART A STREETS $ 185,590.90 $ 219 337,78 5 208,042.70 $ 1BB 407.80 SUBTOTAL PART B STORM WATER $ 115.677.93 $ 103,626.50 $ 104,191.45 $ 144,575.10 SUBTOTAL PART C WATER 5 98,066.24 S 111,677.81 $ 120,049.75 S 131,373.00 1.:12007_GEIIA02024-11 Min! CC • 1,18n,aebnd A000000090 00090 Melnoll1-&D DOGLIMENTSI Nle 2,3,4.545.D6 TebStPa,t 3l 21111 01 11 8h: Tab-Lludst Tabulation of Bids - Review Department of Engineering - City of Corpus Christi, TX Tabulated By: Laura Paul, E.1.T., C.F.M. Goldston Engineering, A CH2M HILL Company Time of Completion: 120 Date: 11512011 Engineers Opinion of Cast: 5690,000 Southmoreland Addition Street Improvements Project Phases 3B 8. 4B, Pa113 Pro ect No. 6525 G & L Young Construction P.O. Box 260429 Corpus Christi. TX 78426 Leoncitos, Inc, P.O.Box 270898 Carus Christ, TX 76427 Garrett Construction P.O. Bax 10266 Ingleside, TX 78362 Bony Contracting LP dba Bay Ltd. P.O. Box 9908 Corpus Christl, TX 78469 Meet DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base BId SUBTOTAL PART 0 WASTEWATER $ 165,053.19 5 180,109,50 $ 208,253.05 5 225,010.20 SUBTOTAL PARTE ADA ELEMENTS $ 36,026.60 $ 41,401.55 $ 39,339.50 5 41,522.50 SUBTOTAL PART F DEMOLITION 5 131,141.40 $ 135,256.96 $ 136,503.70 5 155,000.00 TOTAL BID $ 751,556.26 $ 795,4'10,10 $ 817,186.55 5 885,968.60 CORRECTED UNIT PRICE EXTENSION P?2002 GEIWC0Z¢11 Clyel CC-SoWlmeadd Add9on els* MMmm111.910 OOCIIMENTsWads 2.44.5, [,-91dT&sS' t 31 20118111Mel Tab -Lr ,, Page 6 0l 6 PROJECT BUDGET SOUTHMORELAND ADDITION STREET IMPROVEMENTS PHASES 3B & 4B, PART 3 (Project No. 6525) February 8, 2011 FUNDS AVAILABLE: Community Development Block Grant Funds $454,646.53 Bond Issue 2004 Interest Reserves $33,942.07 Storm Water CIP 107,609.76 Water CIP 75,581.66 Wastewater CIP 113,319.00 Total 785,099.02 FUNDS REQUIRED: Construction (JHS Construction, Inc.) (Base Bid) $629,617.17 Contingencies (5 %) 31,480.00 Consultant Fees: Consultant - (Goldston Engineering, a CH2M Hill Company) 48,070.00 Testing - (Rock Engineering - Geotechnical & Material Testing) 24,053.85 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 12,592.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 15,750.00 Construction Observation Services (not included in Consultant Services)22,036.00 Misc. (Printing, Advertising, etc.) 1,500.00 Total $785,099.02 Estimated Project Budget Balance $0.00 EXHIBIT "D" Page 1 of 1 H:4 HOMEILYNOASIGENIStree tslCOBG16265 - Southmorelar,d Phases 3B & 413, Part 3IPRA.}f 4 BIJOGET.xis 1 14110 CH2MHILL rok CH2M HILL 210 S. Carancahua, Suite 200 Corpus Christi, TX 78401 Tel 361.888.8100 Fax 361.089.8600 January 13, 2011 3 72469 Mr. Pete Anaya. P.L. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus ,Christi, Texas 78469 -9277 RE: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 3 City Project No. 6525 Dear Mr. Anaya: On January 5, 2011 bids were received and opened on the subject project. There were nine (9) bidders as follows: Base Bid — I. IIIS Construction, Inc. 2. Grace Paving & Construction. Inc. 3. Fox Tree & Landscaping Nursery Inc. 4. Clark Pipeline Services, L.L.C. 5. Reytec Construction Resources. inc. 6. G &L Young Construction. Ltd, 7. Leoncitos, Inc. 8. Garrett Construction 9. Berry Contracting L.P. DBA I3ay Ltd. Engineer's Opinion of Cost $ 629,617.17 $ 642.256.11 $ 651.812.90 $ 695.0 1 3.44 $ 748.632.00 $ 751.556.26 $ 795,410.10 $ 817,186.95 $ 885,888.60 $ 690.000.00 All nine proposals from the bidders were checked for mathematical errors and a few were found as shown in the table below: —185— EXHIBIT "E" Page 1 of 2 Southmoreland Addition Street Improvements, Phases 3B & 4B, Part 3 Engineer's Recommendation for Contract Award Contractor Error Grace Paving & Construction r 2 Unit Price Extension Errors Clark Pipeline Services, L.L.C. 20 Unit Price Extension Errors Reytcc Construction Resources, Inc. 1 Unit Price Extension Error Leoncitos, Inc. 32 Unit Price Extension Errors Two (2) of the three (3) low bidders (IHS Construction, Inc. and Grace Paving & Construction, Inc.) submitted A -28, A -29, & A -30 Special Provisions. The information supplied by the apparent low bidder, IHS Construction, Inc. (IHS) appears to be complete and in order as follows: A -28 IHS President, Ismael H. Salazar, submitted a letter stating there were no liens or claims against them at this time, or within the past two years. Mr. Salazar supplier a list of thirteen (13) references that included the Corpus Christi Army Depot, the US Navy, TxDOT, the National Park Service and the City of Corpus Christi (see Attachment A — Documentation of Reference Checks). A -29 IHS President, Mr. Salazar, submitted a resume for the Project Superintendent Fred Vega to fulfill the special provision requirements that field administration staff have 5+ years experience in their roles as superintendent and foremen. A -30 IHS President, Mr. Salazar, submitted a list of major components of the work, a list of products to be incorporated into the project, a schedule of values, a schedule of anticipated monthly payments, the only MBE firm listed is HIS, subcontractors participating in the project have not yet been determined, and preliminary progress schedule, as required by this special provision. Based upon all of the above, and subject to the availability of funds, it is my recommendation that IHS Construction, Inc. be awarded the contract on the subject project. Additionally, we recommend the firm Rock Engineering and Testing Laboratory, Inc. to be contracted for material testing. With this letter, Attachment A — Documentation of Reference Checks and Attachment B - Tabulation of Bids is provided for your information. Sincerely, GOLDSTON ENGINEERING, A CH2M HILL COMPANY TI3PE Firm No. F -2297 Don S. Peebles, A.E. —186— EXHIBIT "E" Page 2 of 2 Mproject\ council exhibits\ exh6525b. d w �ff 4 r 624 B LOCATION MAP NOT TO SCALE PROJECT LOCATION COR?U$ C9 PIS2I DAY flittill//////101 gSTO I ti PROJECT LOCATION \U Rp +s7 4 � cq OR Vi Ns Ts 41° R,. r P PROJECT # 6525 Q*' PHASE 3B & 48, PART 2 (COMPLETE) PHASE 3B & 48, PART 3 BM PHASE 3B & 48, PART 4 &5 (FUTURE) VICINITY MAP NOT TO SCALE EXHIBIT "P" Southmoreland Addition Street Improvements Phases 3B and 4B, Part 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 2 -08 -2011 EV NM l0I 12 AGENDA MEMORANDUM City Council Action Date: February 8, 2011 SUBJECT: Broadmoor Senior Center Walking Trail & Parking Lot Improvements (CDBG & BOND 2008) Project No. E11002 / CIP No. PR 14 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Barcom Commercial Inc. of Corpus Christi, Texas, in the amount of $58,483.82 for Broadmoor Senior Center Walking Trail & Parking Lot Improvements. (CDBG & BOND 2008) ISSUE: The Broadmoor Senior Center, located at 1651 Tarlton Street, has been in operation since 1990. The senior center has recently undergone some expansion and renovation to further provide for the center's visitors. In order to continue to grow and expand the center's usefulness, an area for the visitors to enjoy the outdoors is needed. This project will consist of constructing a 660 linear foot, l0 -foot wide concrete path. The path will include several areas to sit and will also be landscaped with several shade trees. The center's asphalt parking lot is also in need of repair. Several areas near the entrance off of Wayside Drive have failed completely and there are several large potholes. This project will address those issues and repair the parking area. FUNDING: Funding is available from the Community Development Block Grant program and the Bond Issue 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. Eddie Ortega Director of Neighborhood Services 826 -3234 eddieo @cctexas.com Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean(c�cctexas. corn Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Location and Project Layout —191— li:I1-10ME1RachellelGEN4Parks & Recreation4E11002- Broadmoor Walking Trail 8 Parking Lot Imps\Agenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Broadmoor Senior Center Walking Trail & Parking Lot Improvements (CDBG & BOND 2008) Project No. E11002 / CIP No. PR 14 PROJECT DESCRIPTION: This project for the Broadmoor Senior Center, which is located at 1651 Tarlton Street, will consist of layout and construction of a 660 linear foot, reinforced concrete sidewalk /walking path that is 10 feet wide. The path will also consist of 8 pads where park benches will be attached. Landscaping and irrigation will be done as part of a separate contract. The project will also consist of parking lot repairs and improvements. The parking lot repairs will consist of saw cutting the existing asphalt, removal of the existing asphalt and base material, compaction of the existing sub -base, addition of new fill material and compaction, 2" thick course of HMAC, and a 1" overlay. CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion anticipated in May 2011. PROJECT BACKGROUND: The Broadmoor Senior Center, located on Tarlton Street, has been in use since the early 1990's. As part of the Bond Issue 2008, the center has undergone some renovations that include an addition to the original building, which adds a large activity room and two additional bathrooms. The project also consisted of some minor concrete work, landscaping, and irrigation. For the center to continue to develop and serve the people of the community, it was proposed to provide a walking path around the area west of the building. The path will provide an area for the centers' visitors to enjoy the outdoors. The path will also provide several park -style bench seating areas located at various locations around the layout. This project has been requested by the Parks and Recreation Department and is ready to begin construction. ADDITIONAL INFORMATION: The area will be landscaped and irrigated as part of a separate contract through the Parks and Recreation Department. METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call'' general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing H:47-1OMElRaehellelGEN\Parks & Recreafion4E11002- Broadmoflr Walking Trail & Parting Lal impslAgenda Backgraund.doc EXHIBIT "A" Page 1 of 2 scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: • Allows a better defined scope with cost for the customer. D Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. D Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. • Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the 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. 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. EXHIBIT "A" Page 2 of 2 H:1HOMEIRechellelGENWParks & Recreation1E11002- Broadmoor Walking Trail & Parting Imps4Agenda Background.cfoc PRIOR PROJECT ACTIONS SUBJECT: Broadmoor Senior Center Walking Trail & Parking Lot Improvements (CDBG & BOND 2008) Project No. E11002 / CIP No. PR 14 PRIOR COUNCIL ACTION: 1. April 15, 2008 -- Resolution adopting the FY 2008 -FY 2012 Consolidated Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 -FY 2012 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 -FY 2012 Consolidated Plan if required by HUD. (Resolution No. 027663) 2. April 15, 2008 — Resolution adopting the FY 2008 Consolidated Annual Action Plan, which includes the Community Development Block Grant (CDBG), Horne Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or his designee to make changes in the FY 2008 Consolidated Annual Action Plan if required by HUD. (Resolution No. 027664) 3. 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) 4. 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) 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). M:IMOMESReohella1GENParks & RecreationlE11002- Braadmoor Walking Trail & P_rl jri9 _pps1PRIOR PROJECT ACTFONS.dacx EXHIBIT "B" Page 1 of 1 PROJECT BUDGET BROADMOOR SENIOR CENTER WALKING TRAIL & PARKING LOT IMPROVEMENTS Project No. E11002 February 8, 2011 FUNDS AVAILABLE: Community Development Block Grant (FY 08-09)...... ....... $58,483.82 Bond Issue 2008 Parks... $11,696.76 ......................... Total... $70,180.58 FUNDS REQUIRED: Construction (Barcom Commercial Inc.)... $58,483.82 Contingencies ........ ...................... $5,848.38 Engineering Services $1,169.68 Construction Inspection $1,169.68 Survey/Layout............................... ......... .......... ..... ........ ........ $1,754.51 Testing............ $1,462.10 Misc (Printing, Advertising, etc.).., ................. ............................... $292.42 Total. $70,180.58 ESTIMATED PROJECT BUDGET BALANCE... ..... ........... .......... ....... $0.00 EXHIBIT "C" 1 OF 1 BARCOM'S SCOPE CONCRETE PATH, BENCH PADS, AND PARKING LOT REPAIRS. PARKS & RECREATION SCOPE LANDSCAPING DESIGN, IRRIGAITON DESIGN, PURCHASE, ASSEMBLY, AND INSTALLATION OF THE BENCHES. NTS 8' WOOD BENCH W/ BACKS TYP. 8 LOCATIONS `_a WAYSIDE ST. 13 AGENDA MEMORANDUM City Council Action Date: February 8, 2011 SUBJECT: Corpus Christi Museum of Science & History Interior Renovations Project No. E11008 AGENDA ITEM: Ordinance appropriating $26,589.46 in the Reserved Fund Balance in the Maintenance Services Fund No. 5110; transferring and appropriating $26,589.46 into the General Fund No. 1020 for repair of interior renovations to the Museum of Science and History Building; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase proposed expenditures by $26,589.46 in the Maintenance Services Fund No. 5110 and revenues and expenditures by $26,58.9.46 each in the General Fund No. 1020. ISSUE: The Corpus Christi Museum of Science & History has been in operation since 1957. The museum routinely receives public feedback about the museum facilities and the substandard condition of the restrooms is the greatest single recurring complaint. The six public restroom facilities inside the museum facility are in need of repairs and upgrading to continue to serve the museums' customers. This project will address those issues, and will also provide for some much- needed updates to comply with the Americans with Disabilities Act (ADA). The project was requested by the museum staff and is ready to begin construction. The repairs will be made through the Job Order Contract with Alpha Building Corporation. FUNDING: Since FY 2006 -2007, $100,000 per year has been reserved in the Maintenance Services Fund for building maintenance needs. At the end of FY 2009 -2010, $400,000 had been reserved for this need. Renovations to the Corpus Christi Museum of Science & History building's restrooms is a proper use of this reserve. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Rick Stryker Director of the Museum 826 -4660 ricks @cctexas.com Eddie Houlihan Asst. Dir. Of Management & Budget 826 -3792 eddieho @cctexas.com —199— Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean(a�cctexas.com Additional Support Material Exhibit "A" Background information Exhibit "B" Project Budget Exhibit "C" Location Map BACKGROUND INFORMATION SUBJECT: Corpus Christi Museum of Science & History Interior Renovations Project No. E11008 PROJECT DESCRIPTION: The project for the Corpus Christi Museum of Science & History consists of several improvements and renovations to the facilities & public restrooms. Improvements include removing and replacing existing counter tops, broken sinks and mirrors, a heavy cleaning of all surfaces, painting of several areas, installation of a new suspended ceiling in one restroom, replacement of several light fixtures, and updating of some electrical items. The project scope also includes some ADA improvements to the facilities' two ADA compliant restrooms. This project will also address and replace the vinyl cove base in several areas around the museum and provide for the installation of new VCT tile in the education office. CONTRACT TERMS: The project is estimated to require 80 calendar days, with completion anticipated in June 2011. PROJECT BACKGROUND: The Museum serves over 70,000 people annually. Over one - quarter of these visitors are children. There are three sets of public restroom facilities in the Museum and heavy use has contributed to their deterioration. Visitor surveys continue to give a poor rating to the condition of the restrooms. The original restrooms were installed in 1967, with additional restrooms added in 1974 and 1990. A Job Order Contract is an appropriate vehicle to address the needed restroom improvements. METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction- related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: ➢ Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in Tess than one month, significantly shortening the procurement time. H:1HOMElRachelle \GEN \Public Faciiities1E110013- Museum Restrooms Renovation_ktalyackground.l)OCR EXHTBIT "A" Page 1 of 2 > Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. > Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. H:4HOME1Reatrelle4GEN4Public Facililies4E11008- Museum Restrooms Renovations4A2rtf ackground.DOCX EXHIBIT "A" Page 2 of 2 PROJECT BUDGET CORPUS CHRISTI MUSEUM OF SCIENCE & HISTORY INTERIOR RENOVATIONS Project No. E11008 February 8, 2011 FUNDS AVAILABLE: General Fund Fund (No. 1020) $26,589.46 Total $26,589.46 FUNDS REQUIRED: Construction (Alpha Building Corporation) $22,533.44 Contingencies $2,25134 Engineering Services $788.67 Construction Inspection $788.67 Misc. (Printing, Advertising, etc.) $225.33 Total $26,589.46 ESTIMATED PROJECT BUDGET BALANCE $0.00 EXHIBIT "B" 1 of 1 CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY CORPUS CHRISTI MUSEUM OF SCIENCE & HISTORY RESTROOMS RENOVATIONS -203- CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: February 8, 2011 Public hearing and first reading ordinance to consider abandoning and vacating an 89,683- square foot portion of the North Country Club Place and South Country Club Place public street rights -of- way, out of the Country Club Place Subdivision, said public rights -of -way, being located north of Interstate Highway 37 right -of -way, subject to compliance with the specified conditions. This item was continued at the Council meeting of January 11, 2011 to February 8, 2011 in order to allow time for the property owners' agent comply with staff conditions. ISSUE: City of Corpus Christi is requesting the street abandonment and vacation to help alleviate any and all cost by the City for the public maintenance of the public street right -of -way in the immediate area and to control access to the area. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the vacating and abandonment of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance in accordance with City of Corpus Christi, Code of Ordinances §49 -12 (a), all grants of establishment or closing of public streets, alleys, or other public ways street closure must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for ali streets, alleys, or public ways, and items of record must be submitted to the Assistant City Manager for Engineering and Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Juan Perales, J ., P.E. Assistant City anager Engineering and Development Services Email: JohnnyP @cctexas.com Telephone: 361 -826 -3828 H:IPLN- DIRISPECIAL SERVICESIW ILLIE MEDINAICITY COUNCIL AGENDA 20101STR- CLOSN. COUNTRY CLUB PL\COUNCIL AGENDA MEMO.DOC —207— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: The City of Corpus Christi, is requesting the abandonment and vacation of an 89,683 - square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way, located north of Interstate Highway 37 right -of -way. The public rights -of -way to be abandoned and vacated are located in an "R -1 B" One - Family Dwelling District. City of Corpus Christi is requesting the street abandonment and vacation to help alleviate any and - all cost by the City for the maintenance of the public street rights -of -way in the immediate area and to control unauthorized access to the area. On Monday, November 22, 2010, the Traffic Advisory Committee held a meeting to discuss the proposed street closure. The street closure was endorsed by the Traffic Advisory Committee. The public rights -of -way to be abandoned and vacated will become a controlled private access easement to provide continuous access to the property owners in the area. All public and franchised utilities were contacted. All existing utilities will remain in place. The existing right -of -way will remain as a utility easement. If the property owners wish to vacate the utility easement at some point in the future, the existing utilities must be relocated at the owners' expense. Staff recommends that the Owners pay the net fair market value of $24.665.00 for the abandonment and vacating of the 89,683- square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way. Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications 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 permitting any construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. The Owners have been advised of and concur with the conditions of the right -of -way abandonment. EXHIBIT A H:1PLN- DIRISPECIAL SERVICESSW ILLIE MEDINAICITY COUNCIL AGENDA 20101STR- CLO \N. COUNTRY CLUB PLICOUNCIL AGENDA MEMO.BCKGRND INFO.DOC -208 -- EXHIBIT B Page 1 of 9 ORDINANCE Page 1 of 3 ABANDONING AND VACATING AN 89,683- SQUARE FOOT PORTION OF THE NORTH COUNTRY CLUB PLACE AND SOUTH COUNTRY CLUB PLACE PUBLIC STREET RIGHTS -OF -WAY, OUT OF THE COUNTRY CLUB PLACE SUBDIVISION, THE PUBLIC RIGHTS -OF- WAY BEING LOCATED NORTH OF THE INTERSTATE HIGHWAY 37 RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, the fee simple owners of the servient estate, Citgo Refining and Chemicals, Flint Hill Resources, Magellan Terminal Holdings, and Markwest Javelina Co., LLC., through their agent Citgo Refining and Chemicals ( "Owners' Agent) are requesting the abandonment and vacation of an 89,683- square foot portion of the North County Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right -of -way. The rights-of-way to be abandoned and vacated are located in a "R- IB" One - Family Dwelling District; WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 11, 2011, 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 an 89,683- square foot portion of the North County Club Place and South Country Club Place public street rights -of -way, subject to the provisions below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An 89,683- square foot portion, out of the Country Club Place Subdivision, being North County Club Place and South Country Club Place public street rights -of- way, located just north of Interstate Highway 37 right -of -way, as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, and as is shown on Exhibits A, B, and C (the metes and bounds description of the public rights- of -way being abandoned and vacated, a three page drawing depicting public rights- of -way being abandoned and vacated, and a map showing the ownership of the servient estates), is abandoned and vacated, subject to compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the public street rights -of -way in Section 1 is conditioned upon compliance with the following: a. That the Owners' Agent pay the fair market value of $24,665.00, for the total of the property interest released by the City, which is an 89,683- square foot portion of North County Club Place and South Country Club Place public street Country Club Place ROW Closure Ord 12302010a —209— EXHIBIT B Page2of3 Page2of9 rights-of-way, out of the Country Club Place Subdivision, acquired by owners through this abandonment and vacation action, under Code of Ordinances §49- 12 (c). The payment must be tendered prior to City Council action. b. All of the abandoned and vacated rights - of-way must be maintained and dedicated as public utility easements. c. Within 180 days of the approval of this ordinance, the owners or the Owners' Agent shall record, at the owners' expense, the grant of the closing of the public street rights of way and retention of the public utility easements in the real property records of Nueces County, Texas, as required by §49- 12(a), Code of Ordinances. d. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys, or public ways and items of record (such as public rights -of -way and easements), must be submitted to the Director of Development Services, as required by §49- 12(a), Code of Ordinances. Country Club Place ROW Closure Ord 12302010a —210— EXHIBIT B Page 3 of 3 Page 3 of 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: This 30t" day of December, 2011: Carlos Valdez City Attorney Country Club Place ROW Closure Ord 12302010a -211- EXHIBIT B Page 4 of 9 North & South Country Club Place Street Closure - #8598 STATE OF TEXAS COUNTY OF NU ECES BEING a variable width street right -of -way known as North Country Club Place and South Country Club Place containing 2.06 Acres (89,883 Sq. Ft.) out of Country Club Place, as shown on plat thereof recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas. This 2.06 Acre tract being more particularly described by metes and bounds as follows: COMMENCING at a Found 5/8" Iron Rod on the northwesterly right -of -way of Poth Lane at the easterly corner of Lot 11 -A as described in Volume 1395, Page 134 of the Deed Records of Nueces County, Texas and shown on Plat of Country Club Place recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas; THENCE S29°51'52'W along the northwesterly right -of -way of Poth Lane, a distance of 109.43' to a point on the northerly right -of -way Interstate Highway 37; THENCE N87 °34'54 'W along the northerly right -of -way of Interstate Highway 37, a distance of 261.11' to the Point of Beginning of this tract; THENCE S89 °18'16' W continuing along the northerly right -of -way of Interstate Highway 37, a distance of 60.23' to a Found 5/8" Iron Rod on the westerly boundary line of Lot 57, said Country Club Place, the beginning of a curve concave to the southwest whose radius point bears N87 °49'23' W a distance of 78.48'; THENCE along said curve having central angle of 67 °14'35 ", a radius of 78.48', and a length of 92.11' to a Point on the northerly boundary line of said Lot 57; THENCE N60 °26'07' W along Lots 56 and 57, said Country Club Place, a distance of 163.83 to a Point, the beginning of a curve concave to the south whose radius point bears S16 °46'11' W a distance of 99.58'; THENCE along said curve having central angle of 73 °25'36 ", a radius of 99.58', and a length of 127.61' to a Point at the northerly corner of Lot 55, said Country Club Place; THENCE S26 °22'55W along said Lot 55, a distance of 100.68' to a Point on the northerly right - of -way line of Interstate Highway 37; THENCE S87 °31'09' W along Interstate Highway 37, a distance of 91.59' to a found TxDOT Highway Monument; THENCE N27 °26'21 "E along Lots 39, 40, and 41, said Country Club Place, a distance of 160.54' to a found 5/8" Iron Rod, the beginning of a curve concave to the west whose radius point bears N66 °41'28 "W a distance of 92,58'; EXHIBIT A Page 1 of 2 —212— EXHIBIT B Page 5 of 9 THENCE along said curve having central angle of 79 °11'18 ", a radius of 92.58', and a length of 127.95' to a Point on the northerly boundary of said Lot 39, said Country Club Place; THENCE N59 °47'10' W along Lots 38 and 39, said Country Club Place, a distance of 163.00' to a Point, the beginning of a curve concave to the south whose radius point bears S20 °45'45 "W a distance of 98.94'; THENCE along said curve having central angle of 71 °03'02 ", a radius of 98.94', and a length of 122.69' to a Point on the northerly corner of Lot 37, said Country Club Place; THENCE S27 °03'36 "W along Lot 34 through 37, said Country Club Place, a distance of 312.00' to a Point on the northerly right -of -way line of Interstate Highway 37; THENCE S83 °07'36 "W along Interstate Highway 37, a distance of 73.10' to a Point on the easterly boundary line of Lot 25, said Country Club Place; THENCE N26 °55'52 "E along Lots 22 through 25, said Country Club Place, a distance of 342.86' to a Found 5/8" Iron Rod, the beginning of a curve concave to the south whose radius point bears S60 °20'59 "E a distance of 149.46'; THENCE along said curve having central angle of 84 °23'48 ", a radius of 149.46', and a length of 220.15' to a Found 5/8" Iron Rod at the southwesterly corner of Lot 18B, Country Club Place as recorded in Volume 45, Page 240 of the Map Records of Nueces County, Texas; THENCE S59 °58'47 "E along Lots 12 through 18B, said Country Club Place, a distance of 585.56' to a Point, the beginning of a curve concave to the west whose radius point bears 830°29'46'W a distance of 139.81'; THENCE along said curve having central angle of 57 °56'20 ", a radius of 139.81', and a length of 141.38' to the POINT AND PLACE OF BEGINNING and containing 2.06 Acres (89,683 Sq. Ft.) of land. Bearings are based on State Plane Grid Coordinates, Texas South Zone, NAD83 as per the City of Corpus Christi Monument "SN 160 ". State of Texas County of Nueces 1, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 307" day of November, 2010 .CA LA/4 Russell D. Ochs State of Texas License No. 5,241 EXHIBIT A Page 2 of 2 -213- Oer TOTAL LAYOUT MAGELLAN TERMINAL HOLDINGS, LP. LIVE .G4 Oak 7LOCATIOOON 1,4AP NOT TO SCALE NOTES: - MAP TO ACCOMPANY FIELD NOTES -BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES, micas SDUIH ZONE. NAD 63, AND BASED ON CRY OF CORPUS CHRISTI GPS MONUMENT "SN 160; NORTHING - 17.162.765. T6, FASTING 1,315,953.37. - &1515 OF BEARINGS IS A COLURNATION OF THE NORTH BOUNDARY UNE OF COUNTRY CLUB PLACE, THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 37 AS PER DIVOT DATA, AND FIELD OBSERVATIONS INTERSTATE HIGHWAY 37 FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89,683 SQ. FT.) 200 LEGEND • FND. IRON ROO ® FND. IRON PPE O TND. TX DOT MONUMENT 00 Scale in Feet STREET CLOSURE — COUN1RY CLUB PUCE ADDITION OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTAINING 2.06 ACRES (89,683 SO. FT.), OUT OF THE COUNTRY CLUB PLACE. AS SHOWN IN VOLUME 4, PAGE 3, UAP RECORDS OF NUECES COUNn; TEXAS, AND BEING THE RIGHT -OF WAY OF SA10 COUNTRY CLUB PLACE. CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division 361--826-3551 Drown 8r A. JIMENEZ Checked 8r 0. NESMITH TT/23/ZdtW Project: 8598 File:CAPROUECTS\DEM 761‘C0UNTRY CLUB PLACE\SHEET LOW( SHEET 1 OF 3 LEGEND 15 F140. IRON ROO O END. IRON PIPE END. TX DOT MONUMENT D 36" METAL POWER POLE 0 POWER POLE E. GUY WIRE Pp4 GAS VALVE PIPELINE MARKER "% , 15 TELEPHONE RISER ge MAGELLAN TERMINAL HOLDINGS, LP, 14 } CHAIN LINK FENCE } 11-A VOL. 1395, PG, 134 O.R.N.C.T. 36" POWER POLE TRANSMISSION LINE 0 ti INTERSTATE HIGHWAY 37 FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89.883 SQ. FT.) NOTES: - MAP TO ACCOMPANY FIELD NOTES - BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES, TEXAS SOUTH ZONE, NAD $3 AND BASED ON CRY OF CORPUS CHRISTI CPS MONUMENT "5N L60", NORTHING - 17,182.765.16, E.AsnNG - 1.316.953.37. -BASIS OF BEARINGS 15 A COLLUINATION OF THE NORTH BOUNDARY UNE OF COUNTRY CLUB PLACE THE NORTH RIGHT-OF-WAY UNE OF INTERSTATE HIGHWAY 37 A5 PER IXDOT DATA, AND FIELD OBSERVATIONS I I -9 VOL 997. P05. 525-52B D.R.N.C.T. 9187'34'5414 261.11 P.0.5. TX DOT MON DEARS 5 11-55.20" W - 2.05' h UNE TABLE UNE HEARING DISTANCE 11 5 89'1816 W 60,23 L2 S 8T31139 W 91,59 L3 SEE SHEET 3 73'25'36" CURVE TABLE CURVE - DELTA RADIUS ARC LENGTH TANGENT CI 6714'35' 78.48 92.11 52.19 C2 73'25'36" 99.58 127.61 74.26 C3 SEE SHEET 3 04 SEE SHEET 3 C5 SEE SHEET 3 C6 57.56420" 1 130.51 1 141.38 I 77.40 100 1 00 Scole In Feet STREET CLOSURE - COMM` CLUB PLACE ADDITION OWNER: CITY of CORPUS CHRISTI BEING A TRACT OF LAND CONTAINING 2.06 ACRES (89,693 SO. Fr), OUT OF THE COUNTRY CLUB PLACE, AS SHOWN IN VOLUME 4, PAGE 3, MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING THE RIGHT--OF-WAY OF SAID COUNTRY CLUB PLACE 1 CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-828-3551 Drown By A. JIMENEZ Chocked By: O. NESMITH 7I/2I/2010 Projeel: 8598 RIe:C:\PROJECTS\C0UNTRY CLUB PLACA0WG\SHEET 2,DWG SHEET 2 OF 3 LEGEND • END. IRON ROD PIPELINE 't' \ 11 4ha MD. TX DOT MONUMENT PND_ IRON PIPE .• \ MARKERS .1- Pl-AC 'r• 0 36- METAL POWER POLE LJ� • �' 0 POWER POLE pU�r•P -"' 19 A GAS VALVE 4d. ECENCE uNx VE- CUT WIRE C" 75 4! 74.1 L. PIPELINE MARKER 18 TELEPHONE RISER y 21 POWER POLE L. Or `4 4 1 es�RNZoo. 23 24 POWER POLE 36- POWER POLE TRANSMISSION UNE WATER VALVE TELE. RISER 26 PL -.GAS - -.GA5 VALVE INTERSTATE HIGHWAY 37 NOTES: 25 - MAP TO ACCOMPANY FIELD NOTES -BEARINGS ARE 845E0 ON STATE PLANE GRID COORDINATES, TEXAS SOUTH ZONE, N40 83, AND BASED ON CITY OF CORPUS CHRISTI GPS MONUMENT "SN 150; NORTHING - 17,182, 785.16, EASING - 1.316,563.37. - 8A515 OF BEARINGS 15 A COLLMINAIION OF THE NORTH BOUNDARY LINE OF COUNTRY CLUB PLACE. THE NORTH RIGHT-OF-WAY UNE OF INTERSTATE HIGHWAY 37 A5 PER TXDOT DATA AND FIELD OBSERVATIONS FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89,683 SQ. FT.) UNE TABLE CURVE UNE BEARING 1 DISTANCE Li SFE SHpET2 Cis L2 5 8731 09 W 91.59 1.3 5 8$4735' W 73.10 CURVE TABLE CURVE DELTA I RADIUS [ARC LENGTH !TANGENT C1 $EE SKEET 2 C2 SEE SHEET 2 Cis 79'11'1 92.58 127.95 76.57 04 71'03'021 98.94 122.69 70.64 C5 64'23"4@' 149.46 220.15 135.51 C6 SEE H 2 1100 0 100 200 ScnIe In Feet STREET CLOSURE — COUCTRI' CLUB PLACE AAORAN OWNER; CITY OF CORPUS CHRISTI BEM A TRACT OF IMO CONTAINING 2.06 ACRES (89,683 S0. FT.,), OUT OF 1715 COUNTRY CLUB PLACE, AS 51 -TOWN IN VOLUME 4, PAGE 3, LAP RECORDS OF NUECES COUNTY. TEXAS. AND 8E7C THE RICHT-0F-WAY OF SMD COUN1RY CLU PUCE CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division 361-826-3551 Drown By: A. JIMENEZ Checked Sy 0. NESMITI7 11/23/2010 Project: 8598 F1e:C:\PR0JECTS‘C0U4TRY CLUB PLACE‘DWG‘SHEET IOW L_____SHEET 3 OF 3 8118IHX3 UNTRY CLUB PLACE STREET CLOSURE ® Citgo Refining and Chemicals ►�+iE Markwest Javelins Co. EFlint Hills Resources 10 Magellan Terminal Holdings INTERSTATE 37 INTERSTATE 37 INTEI PROPOSED STREET CLOSU F\ P. D 150 300 wPPc=Feet N COUNTRY CLUB PLACE Proposed Public Right of Way Closure 11/15/2010 Prepared Ay: SRR Department of DevelnpmenrServlres EXHIBIT C Page 1 of 2 -218- 12 r z 21 In 0 0 0, m m 0, r r- 0 0 0 0 c z 0 F m z 0 Y 0 la IV54 ja coP LO z 0 0 z z 0 a c m Z m n 0 0 z b n TOTAL LAYOUT . , 1 MAGELLAN TERMINAL HOLDINGS, LP. LOCATION MAP NOT TO SCALE NOTES: - MAP TO ACCOMPANY FIELD NOTES - BEARINGS ARE BASED ON STATE PLANE GRIP COORDINATES, TEXAS SOUTH ZONE NAD 83. AND BASED ON CITY OF CORPUS CHRISTI GPS MONUMENT 5N 1601, NORTHING - 17,162,765-T6, EASTING - 1,-315,98137. - BASIS OF BEARINGS 1S A COLLMINATTON OF THE NORTH BOUNDARY UNE .OF COUNTRY CLUB PUCE THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 37 AS PER MOOT DATA, ANO FJELD OBSERVATIONS INTERSTATE HIGHWAY 37 FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES 099.683 SQ. FT.) LEGEND • FND. IRON ROD • FND. IRON PIPE Q CND. TX DOT MONUMENT 20o 00 Scale In Feet SWEET CLOSURE - =raw CLUB PLACEE AVOMON OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LANG CONTAINING 2.05 ACRES (69,683 SO. FT.), OUT OF THE COLINTRY CLUE! PLACE, AS vow 1N VOLUME 4, PAGE 3, APAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING THE RIGHT -CF -WAY OF SV0 COWRY' CLUB PLACE atiNo CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division 361-826-3557 Grown By: A. JIMENEZ Checked 8y. 0. NESMI H 11/2,3/2010 Project: 8598. F7le:CAPROJECTS`DEM 761\COUNTRY CLUB PLAC'SHEET 1.DWL Page 1 of 3 ORDINANCE ABANDONING AND VACATING AN 89,683- SQUARE FOOT PORTION OF THE NORTH COUNTRY CLUB PLACE AND SOUTH COUNTRY CLUB PLACE PUBLIC STREET RIGHTS -OF -WAY, OUT OF THE COUNTRY CLUB PLACE SUBDIVISION, THE PUBLIC RIGHTS -OF- WAY BEING LOCATED NORTH OF THE INTERSTATE HIGHWAY 37 RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, the fee simple owners of the servient estate, Citgo Refining and Chemicals, Flint Hill Resources, Magellan Terminal Holdings, and Markwest Javelina Co., LLC., through their agent Citgo Refining and Chemicals ( "Owners' Agent) are requesting the abandonment and vacation of an 89,683- square foot portion of the North County Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right -of -way. The rights -of -way to be abandoned and vacated are located in a "R- IB" One - Family Dwelling District; WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 11, 2011, 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 an 89,683- square foot portion of the North County Club Place and South Country Club Place public street rights-of-way, subject to the provisions below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An 89,683- square foot portion, out of the Country Club Place Subdivision, being North County Club Place and South Country Club Place public street rights-of- way, located just north of Interstate Highway 37 right -of -way, as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, and as is shown on Exhibits A, B, and C (the metes and bounds description of the public rights- of -way being abandoned and vacated, a three page drawing depicting public rights- of-way being abandoned and vacated, and a map showing the ownership of the servient estates), is abandoned and vacated, subject to compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the public street rights -of -way in Section 1 is conditioned upon compliance with the following: a. That the Owners' Agent pay the fair market value of $24,665.00, for the total of the property interest released by the City, which is an 89,683 - square foot portion of North County Club Place and South Country Club Place public street Country Club Place ROW Closure Ord 12302010a —220— Page 2 of 3 rights -of -way, out of the Country Club Place Subdivision, acquired by owners through this abandonment and vacation action, under Code of Ordinances §49- 12 (c). The payment must be tendered prior to City Council action. b. All of the abandoned and vacated rights -of -way must be maintained and dedicated as public utility easements. c. Within 180 days of the approval of this ordinance, the owners or the Owners' Agent shall record, at the owners' expense, the grant of the closing of the public street rights of way and retention of the public utility easements in the real property records of Nueces County, Texas, as required by §49- 12(a), Code of Ordinances. d. Prior to permitting any construction on the land, an up-to-date survey, abstracted for all streets, alleys, or public ways and items of record (such as public rights -of -way and easements), must be submitted to the Director of Development Services, as required by §49- 12(a), Code of Ordinances. Country Club Place ROW Closure Ord 1230201Da —221— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: This 30th day of December, 2011: tilVVAI/VA/C(id, Carlos Valdez City Attorney Country Club Place ROW Closure Ord 12302010a —222— North & South Country Club Place Street Closure - #8598 STATE OF TEXAS COUNTY OF NUECES BEING a variable width street right -of -way known as North Country Club Place and South Country Club Place containing 2.06 Acres (89,663 Sq. Ft.) out of Country Club Place, as shown on plat thereof recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas. This 2.06 Acre tract being more particularly described by metes and bounds as follows: COMMENCING at a Found 5/8" Iron Rod on the northwesterly right -of -way of Path Lane at the easterly corner of Lot 11 -A as described in Volume 1395, Page 134 of the Deed Records of Nueces County, Texas and shown on Plat of Country Club Place recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas; THENCE S29 °51'52' W along the northwesterly right -of -way of Path Lane, a distance of 109.43' to a point on the northerly right -of -way Interstate Highway 37; THENCE N87 °34'54 "W along the northerly right -of -way of Interstate Highway 37, a distance of 261.11' to the Point of Beginning of this tract; THENCE S89 °18'16 "W continuing along the northerly right -of -way of Interstate Highway 37, a distance of 60.23' to a Found 5/8" Iron Rod on the westerly boundary line of Lot 57, said Country Club Place, the beginning of a curve concave to the southwest whose radius point bears N87 °49'23 'W a distance of 78.48'; THENCE along said curve having central angle of 67 °14'35 ", a radius of 78.48', and a length of 92.11' to a Point on the northerly boundary line of said Lot 57; THENCE N60°26'07'W along Lots 56 and 57, said Country Club Place, a distance of 163.83' to a Point, the beginning of a curve concave to the south whose radius point bears 816°46'11'W a distance of 99.58'; THENCE along said curve having central angle of 73 °25'36 ", a radius of 99.58', and a length of 127.61' to a Point at the northerly corner of Lot 55, said Country Club Place; THENCE S26 °22'55 'W along said Lot 55, a distance of 100.68' to a Point on the northerly right- of-way line of Interstate Highway 37; THENCE S87 °31'09 "W along Interstate Highway 37, a distance of 91.59' to a found TxDOT Highway Monument; THENCE N27 °26'21 "E along Lots 39, 40, and 41, said Country Club Place, a distance of 160.54' to a found 5/8" Iron Rod, the beginning of a curve concave to the west whose radius paint bears N66 °41'28' W a distance of 92.58 —223 — Exhibit A THENCE along said curve having central angle of 79 9118 ", a radius of 92.58', and a length of 127.95' to a Point on the northerly boundary of said Lot 39, said Country Club Place; THENCE N59 °47'10' W along Lots 38 and 39, said Country Club Place, a distance of 163.00' to a Point, the beginning of a curve concave to the south whose radius point bears S20 °45'45"W a distance of 98.94'; THENCE along said curve having central angle of 71°03'02", a radius of 98.94', and a length of 122.69' to a Point on the northerly corner of Lot 37, said Country Club Place; THENCE S27°03'36'W along Lot 34 through 37, said Country Club Place, a distance of 312.00' to a Point on the northerly right -of -way line of Interstate Highway 37; THENCE 583°07'36'W along Interstate Highway 37, a distance of 73.10' to a Point on the easterly boundary line of Lot 25, said Country Club Place; THENCE N26 °55'52 "E along Lots 22 through 25, said Country Club Place, a distance of 342.86' to a Found 5/8" Iron Rod, the beginning of a curve concave to the south whose radius point bears S60 °20'59" E a distance of 149.46'; THENCE along said curve having central angle of 84 °23'48 ", a radius of 149.46', and a length of 220.15' to a Found 5/8" Iron Rod at the southwesterly corner of Lot 18B, Country Club Place as recorded in Volume 45, Page 240 of the Map Records of Nueces County, Texas; THENCE S59 °58'47 "E along Lots 12 through 18B, said Country Club Place, a distance of 585.56' to a Point, the beginning of a curve concave to the west whose radius point bears S30 °29'46 'W a distance of 139.81'; THENCE along said curve having central angle of 57 °56'20 ", a radius of 139.81', and a length of 141.38' to the POINT AND PLACE OF BEGINNING and containing 2.06 Acres (89,683 Sq. Ft.) of land. Bearings are based on State Plane Grid Coordinates, Texas South Zone, NA083 as per the City of Corpus Christi Monument "SN 160 ". State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 30TH day of November, 2010 Russell D. Ochs State of Texas License No. 5,241 —224— TOTAL LAYOUT MAGELLAN TERMINAL HOLDINGS, LP. NOTES: LOCATION MAP NOT TO SCALE �2 1 -MAP TO ACCOMPANY FIELD NOTES -BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES, TEXAS SOUTH ZONEE, NAD 83, AND BASED ON MY OF CORPUS CHRISTI GPS MONUMENT 'SN 160 , NORTHING . 17,182,765.16, FASTING w 016,963.37. -BASIS OF IS A COLLMINATTON THE_ TH BOUNDARY LINE BEARINGSCOUNTRY CLUB PLACE, THE NORTH PER RIGHT-OF-WAY DATA, AND FIELDLINE OF OBSERVATIONS HIGHWAY 37 AS NS INTERSTATE HIGHWAY 37 ' FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89.683 SQ. FT.) LEGEND • FND. IRON ROD O FND. IRON PIPE Q FWD. T% DOT MONUMENT 200 00 Scale In Feet STREET aOSURE - COUNIRr CLu8 RACE ADOV11CN OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OP LAND CONTAINING 2.06 ACRES (69,683 50. FT). OUT OF THE COUNTRY CLUB PLACE, AS SHOWN IN VOLUME 4, PAGE 3, ALAP RECORDS OF NUECES COUNTY. TEXAS. AND BEING THE RICHT-OF-WAY OF SAID COUNTRY CLUB PLACE. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-826-3551 Drown 8!" AL JIMENEZ Checked 8y O. NESMITH 11/2.3/2010 Project: 8598 FIIe:C: \PROJECTS\DEM 761‘COUNTRY CLUB PLiCE1SHEET I.DW4 SHEET 1 OF 3 LEGEND 15 • FND. IRON ROD O FND. IRON PIPE 17 FNO. TX DOT MONUMENT O 36" METAL POWER POLE O POWER POLE E 6111' WIRE A GAS VALVE PIPELINE MARKER,'7 IO TELEPHONE RISER o ? 14 MAGELLAN TERMINAL HOLDINGS, LP. CHAIN LINK FENCE 11-A VOL. 1395. PG. 134 D.R.N.C.T. 36" POWER POLE TRANSMISSION LINE INTERSTATE HIGHWAY 37 FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.08 ACRES (89,683 SQ. FT.) NOTES' -MAP TO ACCOMPANY 17ELD NOTES --BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES TEN4s SOUTH ZONE. NAD 83. AND BASED Q�NAI CITY or CORPUS CHRISTI CPS MONUMENT SN tool NORTHING +. 17.182765.16. FASTING ++ i,ai6,9633T, -BASIS OF BEARINGS IS A COLLMINATTON OF THE NORTH BOUNDARY UNE OF COUNTRY CLUB PLACE. THE NORTH RIGHT -OF' -WAY UNE OF INTERSTATE HIGHWAY 37 AS PER TxDOT DATA, AND FIELD OBSERVATIONS f1 VOL 997, P55. 525-528 D.R.N.C.7_ N57'34'541Y 261.11 P.0.8. TX DOT MON BEARS 5 1 r55'20" W -- 2.05' P.O.C. FND. 5/8" IR. i UNE TABLE UNE BEARING DISTANCE L1 5 59'18'16' W 60.23 L2 5 8T31'013- W 91.59 L3 SEE SHEET 3 , CURVE TABU: CURVE DELTA RADIUS ARC LENGTH TANGENT 01 67'14'35' 78.45 92.11 52.19 02 73' 5'36` , 99.513 127.61 74.26 03 SEE SHEET 3 C4 SEE SHEET 3 05 SEE SHEET 3 C5 _57'56'20'1139.811 141.38 J 77.40 Scale In Feet SIRIZT CLOSURE — C1OUN1RY CLUB PLACE ADDMON OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTAINING 206 ACRES (89,883 SO. FT.), OUT OF THE COUNTRY CLUB PLACE. AS SHOWN IN VOLUME 4, PAGE 3, MAP RECORDS OF NUECES COUNTY. TEXAS, AND BEING THE RIGHT-OF-WAY OF SAID COUNTRY CLUB PLACE i'r•�d CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-826-3551 Drown By: A. JIMENEZ 11/23/2010 Checked By O. NESM/IH Project: 8598 F1Ie:C:‘PROJECTS1COUNTRY CLUB PLACEIOWGVHEEET 20WG SHEET2 OF .3 LEGEND FND. IRON ROD WI FRO. IRON PIPE U FND. Tx DOT MONUMENT O 36' METAL POWER POLE O POWER POLE F GUY WIRE 1r6 CAS VALVE L PIPELINE MARKER Q TELEPHONE RISER MARKERS C SSSS U �L'N G'� UN.. Nr �GPIPELINE C3• M 19 O / CHAIN LINK A-. z0 7q• c9 FENCE , VOL". l6 4 t7 21 r8 SRH /0l:It1l 168 C.) Rir POWER POLE 23 24 POWER POLE 25 36" POWER POLE TRANSM15510N UNE WATER VALVE TELE. RISER -I.. A PL GAS VALVE NOTES: 26 INTERSTATE HIGHWAY 37 — MAP TO ACCOMPANY F1EL0 NOTES — BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES. TEXAS SOUTH ZONE, NAD 83. AND BASED ON CRY OF CORPUS CHRISTI GPS MONUMENT '3614 160: NORTHING - 1 7,182, 765.16. EASTING - 1..316,963.37. — BASIS OF BEARINGS IS A COLLMINATION OF THE NORTH BOUNDARY LINE OF COUNTRY CLUB PLACE THE NORTH RIGHT—OF—WAY UNE OF INTERSTATE HIGHWAY .37 AS PER TXDOT DATA. AND FIELD OBSERVATIONS FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.08 ACRES 09,663 SQ. Ft) UNE L1 L2 1.3 UNE TABLE SEARING 1 DISTANCE SEE SHTEr 2 5 8731 09 W I 91.59 5 83'07'35" W J 73.10 CURVE TABLE CURVE DELTA 1 RADIUS [ARC LENGTH 1 TANGENT C1 SEE SHEET 2 C2 SEE SHEET 2 C3 79'71 79't1'1892.55 127.95 1 76.57 C4 71133'02 98.94 122.69 70.54 64l1.41 1349.46 220.1,5 !35.51 SE nic6 Seale In Feet STRIFE: CLOSURE - comm. CLUB PLACE A1212I71ON OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTAIN/NC 2.06 ACRES 09.60 SO. Fr). ). DUT OF THE COUNTRY CLUB PLACE; AS SHOWN 114 VOLUME 4, PAGE 3 MAP RECORDS OF NUECES COUNTY. TEXAS AND BEING THE RIGHT—OF—WAY OF SAID COUNTRY CLUB PLACE. orego WM. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 367-826-3551 Drawn By: A. JIMENEZ Checked By O. NESMAH x1/23/2010 Project: 8598 File:C:\PR0JECTS‘COUNTRY CLUB PLACODIVD►SHEET 3DWC SHEET 3 OF C U NTRY CLUB PLACE STREET CLOSURE Citgo Refining and Chemicals Markwest Javelina Co. Flint Hills Resources Magellan Terminal Holdings INTERSTATE 37 INTERSTATE 37 INTE 15 First Reading - 1/11/11 Second Reading - 2/8/11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 11, 2811, AGENDA ITEM: A. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH THE TEXAS STATE MUSEUM OF ASIAN CULTURES & EDUCATION CENTER, REGARDING PAYMENT OF UTILITIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. B. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE USE AGREEMENT WITH THE SOUTH TEXAS BOTANICAL GARDENS & NATURE CENTER REGARDING PAYMENT OF UTILITIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. C. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH THE SOUTH TEXAS INSTITUTE FOR THE ARTS REGARDING PAYMENT OF UTILITIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION ISSUE: Lease agreements with South Texas Botanical Gardens & Nature Center, Texas State Museum of Asian Cultures & Education Center and South Texas Institute for the Arts need to be amended to allow the City to waive any or all of City utility charges and to allow the entities to be added to the City's electric service provider account. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: City staff recommends approval of the ordinance as submitted.. Attachments: Ordinance Alotta Eddie Houlihan Assistant Director, Management & Budget EddieHo @cctexas.com (361)826 -3792 —231— BACKGROUND INFORMATION Due to budgetary constraints the City was unable to support many of the art groups with Hotel Occupancy Tax revenue at the same level as in the past. In order to provide some assistance to the Texas State Museum of Asian Cultures & Education Center, the South Texas Botanical Gardens & Nature Center and South Texas Institute for the Arts the City has agreed (contingent upon Council approval) to waive any or all of City utility charges to include water, waste water and gas charges. The City has also agreed (contingent upon Council approval) to allow the three entities to be added to the City's electric service provider account in order to realize savings due to a lower per kilowatt hour charge. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH THE TEXAS STATE MUSEUM OF ASIAN CULTURES & EDUCATION CENTER, REGARDING PAYMENT OF UTILITIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Lease Agreement with the Texas State Museum of Asian Cultures & Education Center regarding payment of utilities. A copy of the amendment shall be filed with the City Secretary. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall 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. The amendment takes effect on the 61st day following City Council approval. That the foregoing ordinance was re for the first time and passed to its second reading on this the f a day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal 41050d. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: a 3, i.� By: Lisa Agui , Assistant City Attorney Y for the City Attorney Third Amendment to the Lease Agreement with Texas State Museum of Asian Cultures & Education Center Whereas, on March 15, 1994, the City of Corpus Christi authorized a twenty (20) year lease with the Museum of Oriental Cultures for use of the building located at 1809 N. Carancahua Street, Corpus Christi, Nueces County, Texas; Whereas, the Museum of Oriental Cultures is now known as the Billie Chandler Fine Arts Foundation dba Texas State Museum of Asian Cultures & Education Center; and Whereas, the parties desire to amend the lease agreement ( "Lease Agreement ") with respect to payment of utilities; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 18 D of the Lease Agreement is revised to read as follows: "D. Utilities. (1) Lessee shall obtain, at its own expense, all utility services garbage collection, janitorial services, security services, and similar services during the Lease period. However, subject to City's annual budget process, and upon 'written notification from the City Manager, the City agrees to waive any or all of the following City utility charges for the individual fiscal year as indicated in the written notification: a) Water b) Waste Water c) Gas, except Asian Cultures Museum continues to be responsible for the Purchase Gas Adiustment portion of its City gas utility bill (2) Additionally upon execution of this Amendment No, 3 by the parties, the City shall arrange for the Texas State Museum of Asian Cultures & Education Center to be added to the City's retail electric service provider account. The City shall bill the Texas State Museum of Asian Cultures & Education Center monthly directly with payment due within twenty calendar days. City reserves the right to cancel electric service to Texas State Museum of Asian Cultures & Education Center for late payments." 2. All other terms and conditions of the previously executed Agreements between the parties as amended which are not inconsistent herewith shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Agreement, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this day of , 2011, by the authorized representative of the parties. —235— ATTEST: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM THIS Lisa Agui1 Assistant City Attorney For the City Attorney City of Corpus Christi, Texas `Angel R. Escobar City Manager DAY OFD ,2010: Texas State Museum of Asian Cultures & Education Center By: Name: Title: z' Date: /eiy /S/ /!> ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE USE AGREEMENT WITH THE SOUTH TEXAS BOTANICAL GARDENS & NATURE CENTER REGARDING PAYMENT OF UTILITIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center regarding payment of utilities. A copy of the amendment shall be filed with the City Secretary. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall 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. The amendment takes effect on the 61st day following City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the 1t' day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong That the foregoing ordinance was read for the second time and passed finally on this the day of Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal , 2011, by the following vote: John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: . •:;.Z 3, 1 By: Lisa A uila Assista Li g nt City Attorney for the City Attorney SECOND AMENDMENT TO THE AGREEMENT WITH SOUTH TEXAS BOTANICAL GARDENS & NATURE CENTER Whereas, on March 17, 1997, the City of Corpus Christi ( "City ") authorized sixty (60) year Agreement with the Corpus Christi Botanical Society (now known as the South Texas Botanical Gardens & Nature Center) ( "Botanical Gardens ") for use of approximately 180 acres of land adjacent to Oso Creek; Whereas, the parties desire to amend the agreement with respect to payment of utilities; Now, therefore, the parties agree as follows: 1. Article XII of the Agreement is revised to read as follows: "XII. UTILITIES. The Botanical Society agrees to furnish at its sole expense water, electricity, and any other utilities sufficient to service the maintenance and operation of the Botanical Garden and improvements existing on the property. However, subject to City's annual budget process, and upon written notification from the City Manager, the City agrees to waive any or all of the following City utility charges for the individual fiscal year as indicated in the written notification: a) Water b) Waste Water c) Gas, except Botanical Gardens continues to be responsible for the Purchase Gas Adjustment portion of its City gas utility bill Additionally upon execution of this written agreement by the parties, the City shall arrange for the Botanical Gardens to be added to the City's retail electric service provider account. The City shall bill the Botanical Gardens monthly directly and the Botanical Gardens shall issue payment within twenty calendar days. City reserves the right to cancel electric service to Botanical Gardens for late payments." 2, All other terms and conditions of the previously executed Agreements between the parties as amended which are not inconsistent herewith shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Agreement, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this day of , 2011, by the authorized representative of the parties. ATTEST: City of Corpus Christi, Texas Armando Chapa `Angel R. Escobar City Secretary City Manager —239— APPROVED AS TO LEGAL FORM THIS 3' DAY OF N" , 2010: Lisa Agin-, Assistant City Attorney For the City Attorney South Texas Botanical Garden & Nature Center, Inc. By: Name: A i a/ & fra, frt .- Title: EX Earn v E bie CT t' Date: ib /i87 /r o ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH THE SOUTH TEXAS INSTITUTE FOR THE ARTS REGARDING PAYMENT OF UTILITIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Lease Agreement with the South Texas Institute for the Arts regarding payment of utilities. A copy of the amendment shall be filed with the City Secretary. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall 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. The amendment takes effect on the 61st day following City Council approval. That the foregoing ordinance was i-ead or the first time and passed to its second reading on this the f / day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal Asenf- John E. Marez Nelda Martinez Mark Scott Linda Strong That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: De 23, av i z Lisa Aguilar, assistant City Attorney for the City Attorney Joe Adame Mayor Page 1 of 2 SECOND AMENDMENT TO LEASE AGREEMENT WITH SOUTH TEXAS INSTITUTE FOR THE ARTS Whereas, on September 21, 2004, the City of Corpus Christi authorized a 30 year lease with Art Museum of South Texas, known now as the South Texas Institute for the Arts ( "STIA "), Whereas, the parties desire to amend the agreement regarding the provision of utilities; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 5 of the Lease agreement is revised to add a new subsection H to read as follows: "H. Utilities. (1) Subject to City's annual budget process, and upon written notification from the City Manager, the City agrees to waive any or all of the following City utility charges for STIA for the individual fiscal year as indicated in the written notification: a) Water and b) Waste Water. (2) Subject to City's annual budget process, and upon written notification from the City Manager, the City agrees to waive certain monthly City utility charges for Gas (cost of gas and cost of service only) up to a volume of gas equal to the amount consumed by STIA in the same month in the City's prior fiscal year. (3) City solid waste services provided by the City to STIA shall be charged in accordance with applicable City ordinance. City shall not impose any fees for solid waste service not specifically authorized by ordinance. City shall not charge STIA for any solid waste services until services have been provided or delivered to STIA. (4) Additionally upon execution of this written agreement by the parties, the City shall arrange for the STIA to be added to the City's retail electric service provider account. The City shall bill the STIA monthly directly and the STIA shall issue payment within twenty calendar days. City reserves the right to cancel electric service to STIA for late payments." 2. All other terms and conditions of the previously executed Agreements between the parties as amended which are not inconsistent herewith shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Agreement, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this day of , 2011, by the authorized representative of the parties. ATTEST: City of Corpus Christi, Texas Armando Chapa `Angel R. Escobar City Secretary City Manager —243— Page 2 of 2 APPROVED AS TO LEGAL FORM THIS ,),y DAY OF P.e c..x --yam , 20112 Lisa A I r, Assistant City Attorney For the City Attorney South Texas Institute for the Arts Nam Title: Date: ; ' ®1 1 6 16 NO ATTACHMENT FOR THIS ITEM 17 NO ATTACHMENT FOR THIS ITEM 18 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: February 8, 2011) Case No. 1210 -06: February 8, 2011 City of Corpus Christi: The applicant is requesting a change of zoning from the "AT/10" Apartment Tourist District with Island Overlay to the "B -2M0" Barrier island Business District with Island Overlay resulting in a change of future land use from a public /semi- public use to a tourist use. The property to be rezoned is described as 163.24 acres out of the William Bryan Survey Abstract 45 & Belli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road. PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION (December 8, 2010): Approval of the applicant's request for a change in zoning from the "AT/I0" Apartment Tourist District with Island Overlay to the "B -2N10" Barrier Island Business District with Island Overlay. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation Juan Perales,'Jr., P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361 - 826 -3828 Attachments: 1. Zoning Report 2. Island Strategic Action Committee Information 3. Planning Commission Minutes 4. Ordinance H:1PLN- DIRISHARED11. PLANNING COMMISSION12011 CC\JAN 201111210416 CITY OF CC {PACKERY CHANNEL)11210.06 AGENDA MEMO.DOC -255- CITY COUNCIL ZONING REPORT Case No.: 1210 -06 Planning Commission HearingzDate: December 8, 2010 Applicant: City of Corpus Christi Owner: Same as Above Representative: Daniel McGinn Legal Description/Location: 163.24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road. From: "AT/I0" Apartment Tourist District with Island Overlay To: "B- 2A/IO" Barrier Island Business District with Island Overlay Area: 163.24 acres Purpose of Request: Multi -use land development. 'o a° j, ., N b to 1 ,,� WEast Existing Zoning District Existing Land Use Future Land Use Site "AT/10" Apartment Tourist District with Island Overlay Vacant Public /Semi - public North "AT" Apartment Tourist District & "ATIPUD -2" Apartment Tourist District/Planned Unit Development Vacant & Low Density Residential Tourist & Medium Density Residential South "B- 2A/I0" Barrier Island Business District with Island Overlay Vacant Tourist Gulf of Mexico -- -- West "B- 2A/IO" Barrier Island Business District with Island Overlay Vacant Tourist Area Development Plan: The subject lots are located in the Mustang and Padre Island Area Development Plan (ADP) and are planned for a public /semi - public use. The proposed change in zoning to the "B- 2A/I0" Barrier Island Business District with the Island Overlay is consistent with the Mustang and Padre Island ADP and the adopted Future Land Use Map. Map No.: 028,027 Zoning Violations: None Staff's Summary: • Requested Zoning: The requested change of zoning to the "B/2A-I0" Barrier Island Business District with the island Overlay is to provide for development of the Packery Channel Area. Most of the projects are of a public nature and include, dredge areas, public restrooms, etc. • Transportation and Circulation: State Highway 361 (SH361) is a "RA3" Primary Rural Arterial and Zahn Road is a "C1" Minor Residential Collector. SH361 provides access between Mustang Island and Padre Island. Zahn Road is a Collector that serves as beach access and traffic flow from the single family residential neighborhood. —256 -- City Council Zoning Report Case No: 1210 -06, City of Corpus Christi Page 2 Street R.Q.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2008 SH 361 250' R.O.W., 76' paved No Change "RA3" Primary Rural Arterial NIA Zahn Road 60' R.O.W., 40' paved No Change "Cl" Primary Residential Collector N/A • Relationship to Smart Growth: The proposed rezoning has positive implication relating to smart growth. The proposed development will provide public services and infrastructure needs. The proposed rezoning encourages some commercial development, public parking, access, and boat facilities. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Mustang and Padre Island Area Development Plan (ADP) slate the subject property for public /semi- public uses. The proposed change in zoning is consistent with the Mustang and Padre Island ADP and the adopted Future Land Use Map. The ADP encourages improving areas for public activities, which is being contributed via a boat ramp facility and public access areas. Further improvements include public restrooms, increased ADA compliance, Beach vendors and public parking lots. With these improvements, the ADP requirements of increasing the tourist atmosphere by providing public facilities and other potential commercial entities will meet established plans. Plat Status: The subject property is not platted. Department Comments: • The subject property is an area of Packery Channel and the surrounding public beach areas. • The improvements included in the proposal cover a wide variety of public needs. Examples of the public improvements consist of public parking areas, conservation areas, vendors, public restrooms, and marina facilities. • The infrastructure improvements are also of significance. These improvements include, dredge areas, improved ADA access to facilities, maintenance right -of -way, a lift station, dune areas, and utility corridors. • Based on the information provided concerning the proposed improvements, the public would greatly benefit, provide amenities for both residents and visitors, and improve the overall tourist image of the area. Planning Commission's and Staff's Recommendation: Approval of the change of zoning from the "AT/I0" Apartment Tourist District with Island Overlay to the "B-2A/I0" Barrier Island Business District with Island Overlay. -257- City Council Zoning Report Case No: 1210 -06, City of Corpus Christi Page 3 Number of Notices Mailed Total — 92 within 200' notification area; 4 outside notification area Favor -- 3 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0% As of January 12, 2011 Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use 5. Site Plan HAPLN- DIR\SHAREDII. PLANNING COMMISSIOM2010 PC12010 ZONING REPORTSSDEC. 201011210.06 CITY OF CORPUS CHRISTI (AT TO B- 2A).DOC -258- 11.22 /zvro Prepared By: SRR Departmem of Development Services CASE. 1210 -06 1. SUBJECT PROPERTY f1.222010 Prepared t3y: SRR Departme9r of Developmenr SerilfeeS CASE: 1210-06 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP a.5sit,11114Foi.A, -1 Ihn':1-ed iiii ireqt 2 bght hit3tr:ai D'anel .4 at tioent 1 I iz'a'cy IiiI Plcles6.1 Zul L:D l'ateno.11.1It ,,,a-tnwrot-Totir,s1Diztriet :41A One PAW* NeElnj �viict 11e0113-alifx-r: e•Amess -03tsr.,t R-18, Qii6, EatriV D-;-etirr4 Eis,14:t 110014.01w.r. rail* EnreEinj Dk FlAine. :)it [1,145,19 rwrio D3Oki EId( ziA One O rUy IhkCting DiAkt EA,inenh R E 13r.,k1c)11,1 Dihtrk 1 t,e,lemt Letrxt ia...,n1,01$5*(winy El,rriwy $.1.•ines$ 3P Per,r0 PrEmars, Eulinf,so Cae Dishict 7- A Tjavel -Trailer Pad; iT:istiet Cowo$ Et-A...111-*FitEP DM, 'F'-=B 1.1nr,u1Ictved1+5,111.2, Pa■k Faim Rural Ultiet T.-EC fUn.,,s1aclu.11-loile Subde,vc-r, Itsloti,;tV4-;u1Nuo lAnttmat4 D5stnct fi ,S,,,h14,C=PT0Auf 0 2C,Cf&:,r7L, io favor A 2.cy co x At:ra"...1,N1;,:;,#1‘e-Vw.,nt40, I.?) Opp CVAZIP CASE: 1210 -06 3. SITE- EXISTING LAND USE ER Estate Residential LDR Low Density Res. Med Density Res. F}DR High Density Res. Mobile Home Vacant Professional Oflice CaM Commercial MDR VAC PO i:11 Light Industrial Hl Heavy industriat Pubiie Semi- Public Park r5F1 Drainage Corridor LCPJ Conservation/Preservation Water cea 1 Pit j jwrRI Map Scale: 1 .2400 t 1%22'2010 Prepared 9y: SRR Department of Development Services WATER 11.,22,20E0 Prepared 8y. SRR Department of Devefopmenr Services D MDR A!N PO cons CASE: 1210 -06 4. SITE- FUTURE LAND USE Agricultural!Rurai TOR Tourist Estate Residential EMI Research/Business Park Low Density Res. Ex Light lndustrial Med Density Res. High Density Res. Mobile Horne Vacant Professional Office Commercial Transportation Plan &riving Proposed e� Expressways gimp ,Arterials ••••••••• Collectors IM Parkway DD7 l Railroad F L Wr J Heavy Industrial Public Semi- Public Park Drainage Corridor PSP II SDP ] Dredge Placement Water Conservation/Preservation CP 1 Map Scale: 1:2,400 JTEC4P t_. 1LOCATION MAP o2 SUBJECT PROPERTY Er ww Cicy of Corpus Christi ©MEE ©EMI El ©ElER EED MEI MECO �EEEI El EMI El® in EMI ECEI ®_ EMI MIMEM MO EMI—EZEB Packery Channel Development Plan Map Development Areas Possible prime commercial lease area Utility corridor Dune area Public parking and access to the channel and Zahn Road 5. Public access (resteems/ bath facilities with Americans with Disabilities Act (ADA) accessibility to the jetties 6. Maintenance Right Of Way (ROW) for channel and possible future sidewalk (100 feet) 7. Former dredge disposal area (Passible future development or lease area) 8A. Future commercial and/ or City development 8B. Future commercial and / or City development 8C. Future commercial and/ or City development 9. Boat ramp facility with possible manna administration building and access road 10. Public beach/ vendors 11. Conservation area 12. Commercial development (for water activities) 13. Lftstation 14. Pubic parking lot 15. Seawall with Americans with ADA access 16. Public access including ADA access along jetties ISLAND STRATEGIC ACTION COMMITTEE (ISAC) Packery Channel Area Rezoning (Case No. 1210 =06) Case No. 1210 -06 City of Corpus Christi (Packery Channel) was pulled from the January 25, 2011 City Council Agenda to allow additional time for the Island Strategic Action Committee to review. • Case was presented to the Island Strategic Action Committee on November 9, 2010 by Daniel McGinn, Project Manager with Development Services. (See attached Minutes) • Daniel McGinn sent an email dated January 20, 2011 to ISAC members requesting additional comments. As of January 27, 2011, no responses were received. -269- Island Strategic Action Committee Meeting Minutes November 9, 2010 1. Cali to order > Chair called the regular meeting of the Island Strategic Action Committee to order at 5:45pm on November 9, 2010. 2. Roll call Chair conducted a roll call. Committee members present: David D. Kurz John A. White Sr. Gabriele Hilpold Charles Mader R. Bryan Gulley Paul Schexnailder J.J. Hart Jyoti Rakesh Patel Colleen McIntyre James Needham Committee members not present: Ronald A. Voss Gregory Smith John Trice Staff members present: Johnny Perales, ACM — Engineering and Development Services Pete Anaya, Director of Engineering Services Carlos Valdez, City Attorney Dan McGinn, Development Services Jason Brady, Police Department 3. Approval of Minutes for Mav - November Committee: Agrees to review May thru November minutes and approve them at the next meeting December 71h. Committee will receive the minutes within 10 days before the next meeting and a copy of the action request form attached. > Johnny Perales: Explains the responsibilities for Martha Quiroz which will include record minutes, email the minutes, agenda and action request forms to committee, or if committee have any question contact Martha at 826 -3081 or by email marthaq @cctexas.com 1 of 2 —270— 4. Public Comment A Packery Channel/ Southside Access Road. ➢ Gaby Hilpold — requested to have a City representative from Parks & Recreation for next meeting to discuss issues at Packery Channel. ➢ Johnny Perales - A request form will be use at every meeting and will be distributed to the committee with the Agenda item. This action request form will have the date requested, action request and staff assigned. ➢ Johnny Perales: information regarding how the retirement housing projects are subsidized, some are paid out of federal and state grants. • Pete Anava: Updates for Billing's & Clem, contract awarded November 16, Phase 2 moving forward with permit (Wetlands /Mitigation) about 6 to 8 months to start work. > Charles Mader: High level of interest in project, would like to get feed back from City construction inspector. > Gabv Hilpold: proposes for Charles Mader to contact Ken Kaper. > Pete Anaya: Water tower has been functioning correctly • Pete Anava: Aquarius project is under design by Urban Engineering. > Carlos Valdez: Golf Cart use on public streets was discussed and will have something by January, Port Aransas has ordinance that the City will have to look into. 5. Discussion of the By -laws with possible action 6. Presentation by Dan McGinn - Zoning change for the Packery Channel Development Area > Dan McGinn: Future Plan with GLO, property under lease by the State. This requires commercial subleases and potential development. improvements project for Force Main #13, Tortuga Dunes Subdivision, Zahn Road, and Boat ramp /Access Road. • Bryan Gulley- Needs information regarding the light under the TxDot Bridge crossing Packery Channel for next meeting. 7. Committee Reports 8. Schedule Next Meeting > Next meeting is scheduled for December 7, 2010 at 5 :30pm 9. Adjournment > Chair adjourned the meeting at 6:36pm 2 of 2 -271- Daniel McGinn - Packery Channel Zoning Case From To: Date: Subject: CC: Attachments: Daniel McGinn cmader @stx.rr.com; colleenmci @msn.com; creg @pioneerresorts.com; gabihilpold @yahoo.com; info @bryangulley.com; james.needham @tamucc.edu; jawhitesr @aol.com; jjhart9869 @yahoo.com; johntrice @yahoo.com; jpatelcc @gmail.com; kentuckymo @yahoo.com; lapatronaranch @gmail.com; pschex2O00 @aol.com 1/20/2011 5:32 PM Packery Channel Zoning Case Chris Adler; Deborah Brown; Holly Houghton; Jay Reining; Joe Adame; Johnny Perales; Mark Scott; Miguel Saldana Agenda Memo Packery Zoning 1.20.11.pdf; packery_dev_plan.pdf ISAC Members, Please see the attached City Council packet concerning the agenda item for the rezoning of the GLO property, that the City of Corpus Christi currently has under lease. This item was presented to the committee during the November ISAC meeting as an update to ongoing projects for the Island. The item was scheduled to go before the City Council on January 25th, but will be tabled to the February 8th meeting to allow for any additional comments your group may have. Please review the attached information at your earliest convenience and provide me with any comments or concerns by January 27th, so they can be included with the February 8th City Council packet... Please.give me a call if you have any questions or would like additional information about the zoning change request. Attached: City Council agenda memo Proposed Development Plan (Color)(As presented during the Nov. meeting) thank you, Dan Daniel McGinn, AICP, CFM Senior Project Manager City of Corpus Christi 2406 Leopard St. Corpus Christi, TX 78408 DanielMfaa cctexas.com Office- (361)826- 3595 Cell- (361) 779 -1615 file://C:\Documents and Settingsldanielm \Local Set? iis7Temp \XPgrpwise14D387196City... 1/27/2011 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall December 8, 2010 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza, Chairman Johnny Perales, P.E., Assistant City Manager, A. Javier Huerta, Vice - Chairman Engineering & Development Services James Skrobarczyk Miguel S. Saldana, AICP, Senior City Planner Johnny R. Martinez Robert Payne, AICP, Senior City Planner Evan J. Kelly Andrew Dimas, City Planner John C. Tamez Deborah Brown, Assistant City Attorney Govind Nadkarni Ashley Satterfield, Recording Secretary Mark Adame *Absent* John Bell, Legal Consultant John Taylor Si usted quiere dirigirse a is comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:33 p.m, and a quorum was declared. B. ZONING 1. New Zoning Andrew Dimas, Development Services, presented New Zoning, Case No. 1210 -06 City of Corpus Christi. Staff recommended approval. f. Case No. 1210-06 City of Corpus Christi: A change of zoning from the "AT/I0" Apartment Tourist District with Island Overlay to a "B-2A/I0" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public /semi - public use to a tourist use. The property to be rezoned is 163.24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road. Commissioner Skrobarczyk inquired about the former dredged area and Daniel McGinn, Development Services, responded the property is state -owned with a contract that the City generate a development plan. Vice - Chairman Huerta inquired about sub - leasing the subject property and Mr. McGinn stated that sub - leasing the property is a requirement of the contract. Commissioner Skrobarczyk asked if the development plan was business oriented and Mr. McGinn stated the development was business oriented. The public hearing was opened. Neil McQueen, 4213 Estates Drive, Water Shore and Beach Advisory Committee member, and Costal Bend Chapter of the Surf Rider Foundation member, came forward and expressed concern with the dunes, flood protection, and the wetlands. Mr. McGinn responded —273— Planning Commission Minutes December 8, 2010 Page 2 the development will be behind the 1,000 foot dune protection line and the property is in a high velocity and COBRA flood zone. Mr. McGinn continued that the City will protect the wetlands. Cliff Schlabach, 122 Whiteley, Vice - Chairman of the Surf Rider Foundation, and Beach Maintenance Committee member, came forward and expressed concerns with protecting the dunes. Johnny French, 4417 Carlton Street, came forward and expressed concerns with ADA access and lack of parking. Vice- Chairman Huerta stated that the case was being considered for a change in zoning and the issues will be addressed when development beings. The public hearing was closed. Motion to approve staff's recommendation was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Adame absent. H:1PLN- DIR\SHAREDII. PLANNING COMMISSION12011 CCJAN 201111210 -06 CITY OF CC {PACKERY CHANNEL)11210 -06 MINUTES EXC.DOC -274- Page 1 of 3 ORDINANCE— AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO 163.24 ACRES OUT OF THE WILLIAM BRYAN SURVEY ABSTRACT 45 & BALLI SURVEY ABSTRACT 1998, LOCATED BETWEEN STATE HIGHWAY 361 AND THE GULF OF MEXICO AND ALONG THE SOUTH SIDE OF ZAHN ROAD, FROM THE "AT/I0" APARTMENT TOURIST DISTRICT WITH ISLAND OVERLAY TO THE "B- 2A/I0" BARRIER ISLAND BUSINESS DISTRICT WITH ISLAND OVERLAY RESULTING IN A CHANGE OF FUTURE LAND USE FROM A PUBLIC /SEMI- PUBLIC USE TO A TOURIST USE; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of City of Corpus Christi, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 8, 2010, during a meeting of the Planning Commission, and on Tuesday, February 8, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 163,24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road, from the "AT/I0" Apartment Tourist District with Island Overlay to the "B- 2A/lO" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public /semi- public use to a tourist use (Zoning Map 028,027) (Exhibit A- Planning Commission's & Staff's Recommendation). SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. H:\PLN- DIRISHARE011. Planning Commission12011 CCWan 201211725®-'06 City of CC (Packery Channel)11210 -06 Ordinance.doc Page 2 of 3 SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This of of P borah Walther Bro Assistant City Attorney For City Attorney , 2011 1121A- DIRISHAREDI1. Planning Commission12011 CC\Jan ?Qf21tQ;06 City of CC (Packery Channel)11210 -06 Ordinance.doc Page 3 of 3 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla C. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1PLN- DERISHAREDI1. Planning Commission12011 CCIJan 20112 0 -06 City of CC (Packery Channel)11210 -06 Ordlnance.doc RE I S A N D 1i/2v2010 Prepared By: SRA Department of Development Servlees CASE: 1210 -06 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: AT/10 TO: B -2AII0 ORDINANCE NO. -41 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2 -8 -11 AGENDA ITEM: RESOLUTION IN SUPPORT OF SLOT MACHINES AT RACETRACKS BACKG ROUND With the current session of the legislature underway, much discussion in Austin is centered around the budget and how the State of Texas will address the significant revenue shortfall of $15 to potentially $27 Billion for the next biennium that will impact all areas of the budget from Public and Higher Education to various grant programs. Many legislators have suggested that no new taxes will be passed nor will the "Rainy Day" fund be tapped into to help close this revenue gap, which means that other sources of revenue will likely have to be identified. While I'm not convinced that the legislature will move in the direction of full blown casino style gaming in Texas, there may be an opportunity to expand gaming at race track and Indian tribal facilities in the State. This resolution is consistent with the City of Corpus Christi approved Legislative Agenda and allows City Council to send a clear message to our delegation that we support expanded gaming at existing facilities AT A MINIMUM as a means to help solve our State's budget issues. REQUIRED COUNCIL ACTION: Adoption of the attached Resolution. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution. udy D. Garz Intergovernm —al Relations Di rudyga @cctexas.com 361- 826 -3082 Page 1 of 3 RESOLUTION IN SUPPORT OF SLOT MACHINES AT RACETRACKS WHEREAS, The Texas horse and greyhound racing industry is a significant employer with a major impact on the economy of the State of Texas, currently generating $5.5 billion in economic activity and providing 36,000 permanent jobs; WHEREAS, Texas does not permit slot machines, but all of the states adjacent to Texas (Louisiana, Arkansas, Oklahoma, and New Mexico) permit slot machines at their race tracks; WHEREAS, the increased revenue from slot machines in other states has enabled their race tracks to substantially increase purses for individual races as well as enhance the facilities and operations, giving them a distinct advantage over race tracks located within Texas; WHEREAS, the racing industry in Texas is slowly, but surely, declining as a result of the economic advantages held by the industry in the adjacent states due in part to small purses for winners as well as inability to maintain facilities and more expensive programs in Texas; WHEREAS, allowing state - monitored slot machines limited to the confines of the race tracks located in Texas would allow them to compete on an equal footing with their out of state competitors and would provide needed additional tax revenue for Texas; WHEREAS, slot machines in Texas would raise an estimated $1 billion in additional state tax revenue each year; WHEREAS, more than 40 sectors of the state's economy would benefit from an infusion of $8.5 billion in economic activity and the addition of more than 70,000 new permanent jobs; WHEREAS, numerous statewide polls show that a majority of Texans favor bringing slot machines to racetracks and that Texans want the right to vote on the issue; WHEREAS, various groups from the racing industry and thousands of other Texans have joined together in supporting the public campaign, Win for Texas, to encourage the Texas legislature to pass legislation allowing slot machines at the current licensed race tracks and recognized Indian tribal lands. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi supports Win for Texas and strongly urges the members of the Legislature of the State of Texas, and in particular its legislative members from or who represent the City of Corpus Christi to actively pursue Slots at Tracks Resol 01312011 —282— Page 2of3 appropriate legislation enabling the race tracks and recognized Indian tribal sands within the State of Texas to operate slot machines on their properties. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 31th day of January, 2011. R. Jay Reining First Assistant City Attorney For City Attorney Slots at Tracks Resol 01312011 —283— Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Slots at Tracks Resol 01312011 —284— Page 3 of 3 20 AGENDA MEMORANDUM February 08, 2011 SUBJECT: Rent Car Quick Turn Around Facility - Project #10030 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $5,525,000.00 for the Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility for the Total Base Bid (Project #10030). ISSUES: Council must authorize the execution of the contracts in excess of $50,000.00. The construction will result in a modem, consolidated rent car quick turn - around facility for the five rent car concessionaires. FUNDING: Funding is available from Airport Capital Improvement Funds, current and future Customer Facility Charge (CFC) Revenue. The project will require additional certification of funds and appropriation of FY2011 -2012 CFC Revenue. RECOMMENDATION: Approval of the motions as presented. 9.5'r0 Fred Segundo Director of Aviation 361-289-0171 ext. 1213 freds(a�cctexas.com Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 peteanacctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Consultant's Recommendation Letter Exhibit E. Location Map Pagel oft CA DOCUME- 11MARIOT- 11LOCALS- 11Temp \XEgrpwlselAwdConstrMemo.DOC —287— BACKGROUND INFORMATION SUBJECT: Rent Car Quick Turn Around Facility - Project #10030 PROJECT DESCRIPTION: The project provides for the construction of a consolidated rental car facility for the preparation, cleaning, washing and maintenance of automobiles belonging to five renal firms. The facility will include administrative offices, five vehicle maintenance bays, three car wash stations, two fueling canopies with 12 vehicle fueling stations. The project includes site improvements consisting of 219,017 -sf of concrete pavement, concrete lined storm sewer ditches, swales, fencing, sodding and seeding, utility connections, site lighting, oil -water separator, site grading, security fencing, pavement markings, fire vault, 2- 12,000 gallon fuel tanks, structural foundation supports, and fuel inventory/dispensing system. The project includes an 8 -in water line and a new 8 -in sanitary sewer line that will be connected to the existing utility lines. A 700 -ft long drainage channel with an 8 -ft wide concrete lined bottom will be excavated and a 55 -ft 6' x 4' box culvert will be installed to cross Glasson Road. ADDITIONAL INFORMATION: There are five individual facilities currently operated by the rent car firms. The consolidated proposed facility is to be designed to allow the operation of up to seven firms based on new concession and rental agreements that are being negotiated. The new facility will consolidate maintenance and rental facilities commonly known as a Quick Turnaround Area (QTA). The new facility will be used to fuel, clean (wash and vacuum), light maintenance (no heavy maintenance), consisting of oil changes, tire changes / repairs, etc. The facility will also be used to store the fleet of rental car vehicles that serve the Corpus Christi International Airport (CCIA). The shared, or common facility components, include: • Fuel and Vacuum Positions — Equipment - Tank, Dispenser, Overhead Reels (Air, Water) — Revenue Control and Leak Detection Monitoring Systems • Car Wash Bays — Equipment, Reclaim System, Pre -Wash Area • Employee Areas - Restrooms, Locker Rooms, Break Rooms The individual, or exclusive facility components, include: • Dirty / Clean Storage Space (Separate, not Secured) • Maintenance Bays — Equipment — Lifts, Fluids and Parts Storage, Overhead Reels • Administration Space H:1 HONl EIKEVINSI GENAIR _restoredti20041mprovements1100 02 ,tr4TAIAwdConstrBkgExhA.doc Exhibit A Page 1 of 3 — Offices, Support Space The Rental Automotive Car (RAC) industry tenants at the airport has a current fleet of 1,600 -plus vehicles. The operation for the rental car fleet includes the transport of returned vehicles (prior to a customer departing from CCIA) from the airport terminal area to the expanded QTA facility and then back again upon servicing the vehicle, and as the need for a rental car is realized. A facility program questionnaire was distributed to the RAC Industry for both existing and proposed requirements. This information was collected by PGAL and is only documented in aggregate form (as RAC Companies prefer individual information kept confidential). The results of the survey are as follows: Component Current Proposed* Dirty / Clean Cars 150 Increase Storage Cars 200 Increase Total 350 575 Fuel Positions 10 12 (dual stacked) Fuel Storage 27,000 gallons 24,000 gallons Car Wash Bays 5 exclusive 3 shared Maintenance Bays 4 exclusive 5 shared Administration Areas 1,600 sf 4,000 sf Employee Areas na 1,500 Total Building Area 10,000 13,580 *List of Building uses does not reflect all building area uses (i.e. car wash areas, equipment storage, other storage, etc.). The proposed building will be approximately 13,580 SF in area, with two adjacent canopies that will protect the fueling operation from weather. The building will contain administrative office space, maintenance bays / equipment, car wash bays / equipment, employee areas and storage, and will be designed and constructed utilizing "green" principles threaded throughout the development, The project will be the first LEED certified building project undertaken by the City. BID STRUCTURE: The project was bid as a base bid with allowances and one additive alternate to substitute concrete in lieu of asphalt in central areas of the parking lot. The additive alternate is not recommended for award. The bid savings of substituting asphalt for concrete in the central areas of the parking lot is not deemed cost effective. BID INFORMATION: Bids from eight (8) firms were received, and publicly opened on Wednesday, December 16, 2010. The total of the total of bids ranged between $5,525,000.00 and $6,387,467.00. The consultant's opinion of probable cost was $5,527,601.00. See Exhibit B. H:I HOME\ KEVENS\ GEN\ A[ R_ restored12004kmprovements1100312�httE .arQTAIAwdConstrBkgExhA.doc Exhibit A Page 2 of 3 The two apparent low bid was submitted by Barcom Commercial, Inc. of Corpus Christi, Texas. The information required to review their proposal was reviewed along with information from the next two low bidders (Teal Construction Co., of Corpus Christi, Texas and Satterfield Pontikes Construction, Inc. of San Antonio, Texas). Review indicates that the bid submitted by Barcom was complete, they have the financial capacity to undertake the project, their proposed approach to the project is reasonable, and their personnel are qualified to manage and complete the project. FUNDING: Funds are available from the Certificates of Obligation and Customer Facility Charges (CFC). The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 330 calendar days of notice to proceed. Construction Completion is anticipated during January 2012. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed the bids and recommend award of the Base Bid to Barcom Commercial, Inc. of Corpus Christi. The consultant recommends that the contract be awarded to Barcom based on their review of qualifications. See Exhibit D. Barcom is an established local contractor that has been in business for many years, and successfully completed many commercial and City projects. FUTURE COUNCIL ACTION: Council will be requested to: • authorize any change orders as may be required; and • appropriation of CFC revenue anticipated to be received in FY2011 -2012. Customer Facility Charges were approved by Council to support the project in late in FY 2009 - 2010. A total of $117,698.00 was received between June 5, 2009 and July 31, 2010. CFC Revenue for FY 2010 -2011 is budgeted to be $750,000. The estimated CFC Revenue for FY 2011 -2012 through January 31, 2012 is $375,000.00. H:IHOMEIKEVlNSIGEN\ AIR _restored120041mprovements11DO ak— rQTAlAwdConstrBicgExhA.doc Exhibit A Page 3 of 3 PRIOR ACTIONS PRIOR COUNCIL ACTIONS: The Council awarded a multi -year contract for architectural/engineering services to Pierce Goodwin Alexander and Linville (PGAL) of Houston, Texas in 2004 in accordance with the required FAA selection procedures. Compliance with FAA regulations in the selection, award, contracting and payment procedures is necessary to receive FAA funding. FAA grants traditionally paid 80% of the capital cost of eligible projects. FAA is currently paying 95% of the eligible project costs. Specific actions previously taken by Council in regard to the contract with PGAL were: June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute an architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $1,375,025 for multiple Airport Improvement Projects including Runway 13/31 Rehabilitation, Overlay, Blast Pads, Shoulders and Edge Lighting; Airfield Drainage Improvements Ph. 3; Runway 13 Localizer Relocation; and the CCIA Master Plan Update (Motion No. 2004 -224); August 29, 2006 — a. Ordinance Appropriating $376,950 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services Associated with Engineering and Design of the West GA Apron and Drainage Improvements, Phase V at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted By Ordinance No. 026908 to Increase Appropriations by $376,950; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $376,950 for the Corpus Christi International Airport West General Aviation Apron Rehabilitation and Drainage Phase V Improvement Projects (Motion No. 2006 -272); December 12, 2006 — a. Ordinance Appropriating $75,000 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted by Ordinance No. 026908 to Increase Appropriations by $75,000; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $75,000 for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 (Motion No. 2006 -399). July 10, 2007 — Motion authorizing the City Manager, or his designee, to execute Exhibit A -1 Page 1 of 4 —291— Amendment No. 11 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects (Motion 2007 -176); August 19, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility (Motion 2008 -221); October 21, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection (Motion No. 2008 -273); January 13, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $175,987.00, for a restated not to exceed total fee of $3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services (Motion 2009 -004); July 14, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, including allowance, and Additive Alternatives 1 — 2 with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount not to exceed $2,053,000.00 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility (Motion 2009 -192); September 8, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 23 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $212,150.00, for a restated not to exceed total fee of $3,310,747.60 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009 -246); December 8, 2009 --- Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $100,023.50, for a restated not to exceed total fee of $3,410,771.10 for additional construction management and inspection services, which was requested by FAA, for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009- 340); and Exhibit A -1 Page 2 of 4 —292 -- April 27, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 25 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $517,000.00, for a restated not to exceed total fee of $3,927,771.10 for design, bid and construction phase services for a new Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility. (Project #10030) (Motion 2010 -097). July 20, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 26 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $97,087.83, for a restated not to exceed total fee of $4,024,859.13 for additional construction management and inspection services for Taxiway Rehabilitation Project No. 10019, Taxiway Signage /Lighting Project No. 10020, Airfield Drainage Phase 6 Project No. 10021, and Airfield Perimeter Road Improvements Project No. 10027. (Motion 2010 -177) December 14, 2010 - Motion authorizing the City Manager, or his designee, to ratify services provided and to execute Amendment No. 27 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $59,932.95, for a restated not to exceed total fee of $4,084,792.08 for additional construction management and inspection services for Airfield Equipment, Storage and Maintenance Facility Project No. 10068. (Motion 2010 -302). PRIOR ADMINISTRATIVE ACTIONS: September 13, 2005 — Administrative award of Amendment No. 1 to PGAL for engineering services in the amount of $6,340.00 to provide drawings, plans and specifications and change order coordination for repair of runway pavement damage repair caused by contractor's pipe jacking and boring operations by placing pipe at two locations by the open cut method. February 16, 2006 - Administrative award of Amendment No. 2 for engineering services to PGAL in the amount of $4,785.00 for design a runway guard light system to be constructed on Taxiway "A" at the approach end of Runway 31 and 35 to be constructed via a change order to be negotiated with the City's Runway 13/31 Rehabilitation contractor. April 18, 2006 - Administrative award of Amendment No. 3 for engineering services to PGAL in the amount of $4,785.00 for design grade adjustments to improve drainage and eliminate slope criteria deficiencies at ends of Runway 13/31 within the RSA. May 19, 2006 - Administrative award of Amendment No. 4 for engineering services to PGAL in the amount of $22,658.00 for design services necessary for open cutting of Taxiways A, B, D and E for storm sewer crossing originally specified to be bored. Work was associated with Change Order No. 7 and funds for the boring were deleted from the contractor's contract price. September 11, 2006 - Administrative award of Amendment No. 6 for engineering services to PGAL in the amount of $22,000.00 for providing the services of a title company to research and provide descriptions of all easements and other encumbrances that may affect the development of the Master Plan Update or future land use. Exhibit A -1 Page 3 of 4 —293— May 15, 2007 - Administrative award of Amendment No. 9 for engineering services to PGAL in the amount of $8,000.00 for two Master Plan presentations (Planning Commission and City Council). June 14, 2007 - Administrative award of Amendment No. 10 for engineering services to PGAL in the amount of $5,610.00 for design services to effect immediate repairs to the downstream headwall for Drainage Line MD -1 to repair erosion and other damage to secure the area from further damage through a change order to the Runway 17 -35 Improvements, March 27, 2008 — Administrative award of Amendment No. 12 for engineering services to PGAL in the amount of $9,336.00 for a boundary survey required as part of Airfield Drainage Phase VI suitable for the City to acquire either in whole or a portion of a 15,858 -acre tract of land that will be crossed by the realignment of Main Ditch 1 (MD -1). April 10, 2008 - Administrative award of Amendment No. 13 for engineering services to PGAL in the amount of $1,500.00 to revise bid, contract, and project documents to include additive alternate bid documents for Phase VI Drainage based upon the request of the Federal Aviation Administration and the City. April 28, 2008 — Administrative award of Amendment No. 14 for engineering services to PGAL in the amount of $14,100.00 for Conceptual Planning Services for the proposed redevelopment of the Rental Car (RAC) Facilities at CCIA. December 5, 2008 — Administrative award of Amendment No. 17 for engineering services to PGAL in the amount of $9,020.00 for additional design phase services for the CCIA Drainage Phase 6 Improvements. September 9, 2008 -- Administrative Award of contract for geotechnical services to Professional Services Industry in the amount of $7,005.00. March 9, 2009 - Administrative award of Amendment No. 19 for engineering services to PGAL in the amount of $1,750.00 telecommunications consulting services for the CCIA Airfield Equipment and Maintenance Facility. March 9, 2009 - Administrative Award of contract for Amendment No. 1 for geotechnical services to Professional Services Industries in the amount of $787.00 for a restated not to exceed fee of $7,792.00. March 31, 2009 - Administrative award of Amendment No. 20 for engineering services to PGAL in the amount of $5,676.00 for field utility location and survey services consulting services for the CCIA Airfield Equipment and Maintenance Facility. June 18, 2009 - Administrative award of Amendment No. 21 for engineering services to PGAL in the amount of $17,350.00 to prepare plans, specifications, bid and contract documents for Taxiway B4 Widening as a stand alone construction project. August 20, 2009 - Administrative award of Amendment No. 22 for engineering services to PGAL in the amount of $ -0- for Construction Management and Inspection (CMI) services for the CCIA Perimeter Road Improvements project (CC PN 10027), August 20, 2009 - Administrative Award of contract for engineering materials inspection and testing services to Profession Services Industries in the amount of $43,306.00. Exhibit A -1 Page 4 of 4 —294— CORPUS CHRISTI INTERNATIONAL AIRPORT - CCIA RENTAL CAR QUICK TURNAROUND FACILITY - BID TABULATION Engineers Estimate (4/22110) Base Bid AIIOWanCeS Alternate t Subtotal $ 5,511,101 $ 16,500 total $ 5,521,601 Project: CCIA Rental Car Quick Turn Around Facility TIME OF COMPLETION: 330 Days PGAL CC PROJ NO. 10030 (AP -135) PGAL PROJ NO. R1000458 TABULATED BY: Jeff Weiner, PGAL DATE PREPARED: January 11, 2011 Barcom Commercial, Inc. Teal Construction Company Jeffrey C. Stone Builders nc., dba Summit Marshall Company, Ltd. BIDS OPENED: Thursday, December 16th, 2010 5826 Bear Lane 51106 IH 37 15825 Tomball Parkway #5 P.O. Box 4995 Corpus Christi, TX 78405 Corpus Christi, TX 78407 Houston, TX 77086 Corpus Christi, TX 78469 361-851-1000 361-882-4825 281-580-1699 361-883-4369 61D QUANTITIES DESCRIPTION AMOUNT AMOUNT AMOUNT AMOUNT SUBTOTAL - BASE BID $ t508,500 $ 5,581,500 $ 5,733,500 $ 5,780,000 SUBTOTAL - ALLOWANCES (soils, AT&T lines, AEP power lines, excavations) $ 16,500 $ 16,500 $ 16,500 8 16,500 SUBTOTAL - BID ALTERNATE NO. 1 fasohalt vs. concrete pavement in lot) $ (25,000) $ - $ 20,000 $ - $ (100,000) $ - $ 141,700 $ - ( n TOTAL BID: ( $ 5,525,000 $ 5,598,000 $ 5,750,000 1 $ 5,796,500 Project: CCIA Rental Car Quick Tum Around Facility CC PROJ NO. 10030 (AP -135) PGAL PROJ NO. R1000458 TABULATED BY: Jeff Weiner, PGAL DATE PREPARED: January 11, 2011 Satterfield & PonUkes Construction, Inc. Journeyman Construction, Inc. KJM Commercial, Inc. SafeNet Services, LLC BIDS OPENED: Thursday, December 16th, 2010 12015 Starcrest Drive 13330 Leopard Street, Suite 24 1814 Holly Road 1321 Glenoak Drive San Antonio, TX 78247 Corpus Christi, TX 78410 Corpus Christi, TX 78417 Corpus Christi, TX 78418 210-572-4700 361-241-0002 361-991-5600 361-937-9300 BID QUANTITIES DESCRIPTION AMOUNT AMOUNT AMOUNT AMOUNT SUBTOTAL - BASE BID $ 5,714,000 $ 5,821,500 $ 5,875,500 $ 6,370,967 SUBTOTAL - ALLOWANCES (soils, AT&T lines, AEP power lines, excavations) $ 16,500 $ 16,500 $ 16,500 $ 15,500 SUBTOTAL - BID ALTERNATE NO. 1 (asphalt vs. concrete pavement in lot) $ (28,000) $ - 5 (113,000) $ - $ (71,000) $ - $ 297,134 $ - TOTAL BID: $ 5,730,500$ 5,838,000 1 $ 5,892,000 $ 6,387,467 Notes: 1. PGAL recommends That Bid Alternate No. 1 is not accepted, and that the entire parking area be constructed with concrete pavement. Exhibit B Page 1 o 1 PROJECT BUDGET CORPUS CHRISTI INTERNATIONAL AIRPORT RENTAL CAR QUICK TURN AROUND FACILITY Project No. 10030 February 8, 2011 FUNDS AVAILABLE: Certificates of Obligation CFC Receipts thru December'10 CFC Receipts January - July 2011 CFC Receipts Estimate August - January 2012 FUNDS REQUIRED: Construction (Barcom Commercial) Contingencies (5.7 %) Consultant Fees: Consultant (PGAL, Inc.) Basic Fee $458,000 (8.3 %) Additional Svcs. $59,000 Materials Testing (Rock Engineering) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt /Constr Mgt) Construction Observation Services To be Negotiated Finance Administration Misc. (Printing, Advertising, etc.) 5,510,098.80 444,335.50 305,664.00 375,000.00 TOTAL $6,635,098.30 $5,525,000.00 $300,000.00 $517,000.00 $44,308.00 $28,000.00 $18,000.00 $125,000.00 $48, 000.00 $18,600.00 TOTAL $6,623,908.00 ESTIMATED PROJECT BUDGET BALANCE $11,190.30 EXHIBIT "C" Page 1 of 1 January 12, 2011 Mr. Kevin Stowers City of Corpus Christi Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, Texas 78401 RE: Bid Award Recommendation Corpus Christi international Airport, Rental Car Quick Turnaround Facility (QTA) City of Corpus Christi Project No. 10030, AP -135 Dear Mr. Stowers: PGAL is pleased to present our Bid Award Recommendation for the proposed CCIA Rental Car Quick Turnaround Facility (QTA) and related facilities to the City of Corpus Christi for your review and approval. We are recommending the construction contract be awarded to Barcom Commercial Inc., of Corpus Christi, Texas, based on our analysis of the bid information received at the bid opening on December 16, 2010. Our bid evaluation concurs with the totals submitted by each contractor on their signed proposal forms. The total project bid by Barcom was $5,525,000, inclusive of allowances and the acceptance of bid alternate No. 1. The second and third highest responsive bidders were Teal Construction Inc., of Corpus Christi and Satterfield & Pontikes Construction, Inc., of San Antonio, with bids of $5,598,000 and $5,730,500 respectively. The City has contacted the three low bidders and has provided the requested items A -28, A -29 and A -30 of the contract documents. These documents have been reviewed and we find no issues with the information submitted. We look forward to the successful development of this project for the City of Corpus Christi and the Corpus Christi International Airport. If you have any questions or comments, please feel free to contact me at 281- 850 -0955 or jweiner @pgai.com. Sincerely, Jeffrey A. Weiner, AIA Principal Attachments: Consolidated Quick Turnaround Area (QTA) Bid Tabulation Evaluation cc: Mr. Fred Segundo, Mr. Enrique Castillo, Ms. Grace Gonzalez - CCIA 5555 San Felipe Suite 1000 Houston, TX 77056 Ip] 713 622 1444 IFj 713 968 9333 -297- Exhibit D Page 1 of 1 L File: \Mproject \councilexhibits \exh 10030a.d wg NUECES 4Q, F.M. 824 �Y RI�R �nd I � �� � cows r I 77_ -• c3LZtls?r Ray f ArpMCGLUN R0. i W . PAINT ' . 5 */ iA/- %., LOCATION MAP NOT TO SCALE BOCKHOLT RD JOE MIREUR ROAD MCGLOIN ROAD PROJECT # 10030 BEAR LANE EXHIBIT "E" CCIA CONSOLIDATED RENT A CAR QUICK TURN AROUND FACILITY -29Z- art COUNCIL EXHIBIT CITY DEPARTMENT OFpENGINE RING' S TEXAS PAGE: 7 of 1 DATE: 02 -08 -2011 i M w.r 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 8, 2011 AGENDA ITEM: Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; providing for publication, and declaring an emergency. ISSUE: Amending the ordinance to establish a policy to regulate illegal smoking products and related paraphernalia in the city. BACKGROUND: At the Corpus Christi Police Department's Compstat meeting on December 8, 2010 concerns were raised regarding the sale and use of illegal smoking products and related paraphernalia in the city. The United States Drug Enforcement Administration has designated the illegal smoking products described in the attached ordinance as controlled substances with many adverse side effects, which include dizziness, panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, tremors, seizures, and death. Police officers however, are concerned that the existing law is inadequate to combat the use, possession, sale, ingestion, or smoking of illegal smoking products and related paraphernalia in the city. The Texas Legislature has not yet addressed illegal smoking products. In light of these issues, a stronger enforcement approach to illegal smoking products and related paraphernalia is necessary to protect the health, safety, and general welfare of the citizens of this city. A person who violates this section shall subject to a fine not to exceed $2000 dollars and a violation is a strict liability offense. REQUIRED COUNCIL ACTION: Approval of the amendment. RECOMMENDATION: Staff recommends approval of the amendment as presented. DT-&c.- a_ D. Troy Ri �"�i Chief of Police trovracctexas.com 886 -2603 Attachments: Ordinance Illegal Smoking Products and Related Paraphernalia Background K-2 Showed up in city in early 2010 at mom and pop shops, small grocery stores and smoke shops. Sold as incense and labeled "not for human consumption" (They jokingly refer to how you feel if you happen to inhale it) Cost $15 to $30 per gram. (Marijuana retails for $5 per gram) Is a mixture of dried herbs, flowers, tobacco that is coated with a synthetic chemical that mimics the effects of THC. Sold under brand names of K-2, Spice, Genie, Sage, Solar Flare , Pep Spice, Fire n Ice, Salvia and many other names. Looks similar to potpourri Over 1500 youth sought treatment at hospitals in late 2010 due to the negative health effects of smokable incense. On November 24 , 2010, The Drug Enforcement Administration declared K-2 and like substances (also referred to as fake pot) were creating an "imminent public health crisis" and that a one year ban on the substance was implemented on December 24, 2010. The punishment for possessing this substance would be treated equal to that of Cocaine. The Texas State Legislature is working on a ban of these substances in the current legislative session. K-2 and like substances do not show on current drug tests. K-2 Web site www.k2incense.org/ (-2 A www.k2incense.org/ K.2 Web site Info You Pay For K2 Incense, We Ship! We welcome orders from EVERYWHERE! No restrictions! **Most discreet K2 Herb shipping, packaging, billing!** Guaranteed safe delivery to your home or military base, or your money back! Now, have it in your hands in 3 days or less (99% of the time)! Don't fall for poor quality counterfeits K2 Smoke blends being peddled by your local stores and fake "K2 Incense" websites, www, k2 in cense. orq K2 smoke is not a substitute for Ma-r-ijuana! - XX_Anyone, who intends to misuse our products and use K2 herb as a recreational drug or medicinal drug will be denied purchasing privileges!-"*_ No sales to any one under the age of 18! www.k2incense.org/ Effects of Ingestion • Paranoia • Strong euphoria • Laughter • Brightening of colors • Dry Mouth, Dilated pupils • Strong aural hallucinations (HIGH doses) • Amplifies effects of other drugs • Hallucinations • Increase in relaxation • With high doses, the simplest tasks can seem very intense. • Drowsiness Paraphernalia Chamber P1p! ChIllum F Pipe Chiller/ Water Plpes Page 1 of 5 ORDINANCE AMENDING CHAPTER 33, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW ARTICLE (IX) TO REGULATE ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA AND BY SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; WHEREAS, the City of Corpus Christi finds that establishing a policy to regulate illegal smoking products and related paraphernalia will provide for a more safe, secure and aesthetic environment for the citizens and the city; WHEREAS, products containing all or some of the above substances are currently being marketed in the City of Corpus Christi under the following commercial names: "K -2," "K -2 SUMMIT," "K -2 SEX," "GENIE," "DASCENTS," "ZOHAI," "SAGE," "SPICE," "KO KNOCK -OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCATAN FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA DIVINORUM." WHEREAS, it is anticipated by the council that new products will be marketed under different names which will be subject to this definition if they contain any of the chemical components set forth below. WHEREAS, the city council has determined that the use of these products is a danger to the public health, safety, and welfare because the adverse side effects from the use of the illegal smoking products hereinafter defined include dizziness, panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, tremors, seizures, and death. WHEREAS, the United States Drug Enforcement Administration has temporarily designated the illegal smoking products hereinafter defined as controlled substances. The council finds, however, that existing law is inadequate to combat the use, possession, sale, ingestion or smoking of illegal smoking products in the city. WHEREAS, the council finds that, in order to promote the public health, safety and welfare of the citizens of this city, illegal smoking products as defined below should be prohibited in the city of Corpus Christi. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 33, Code of Ordinances, is amended by adding a new article (DO, to read as follows: h:lfeg- dirlalisonflalisonl hlalison's ordinances12011 k -2 ordinance.doc —316— Page 2 of 5 "Sec. 33. Offenses and miscellaneous provisions. "Sec. 33 -124. Illegal Smoking Products and Related Paraphernalia Prohibited. "(1) Definitions. For the purposes of this subsection: "a. Illegal smoking product means any substance, however marketed, which can reasonably be converted for smoking purposes, whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparative chemical: "1. Salvia divinorum or salvinorin A, all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof. any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts, including Salvinorin A; "2. 2 4(1R, 3S)- 3- hydroxycyclohexy11- 5- (2- methyloctan -2 -y1) phenol (also known as CP47, 497) and homologues; "3. (6aS,10aS)- 9- (hydroxymethyl) -6, 6- dimethyl -3 (2-methyloctan-2-yl)- 6a,7,10, 10a- tetrahydrobenzo [c]chromen- l- ol)(also known as HU -211 or dexanabinol); "4. 1- pentyl- 3- (1- naphthoyl)indole (also known as JWH -018); "5. 1- butyl- 3- (1- naphthoyl)indole (also known as JWH -073); "6. 1- pentyl- 3- (4- methoxynaphthoyl)indole (also known as JWH -081); "7. 1- [2- (4- morpholinyl )ethyl]- 3- (1- naphthoyl)indole (JWH -200); "8. 5-( 1, 1- dimethylheptyl)- 24( 1R, 3S )- 3- hydroxycyclohexanol;CP -47, 497; or "9. 5 -1, 1-dimethyloctyl)-2-[1R,3S-3-hydroxycyclohexyl]- phenol(cannabicyclohexanol; CP -47, 497 C8 homologue). "b. Illegal smoking paraphernalia means any device, equipment, or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials and may include., but is not limited to: "1. A metal, wooden, acrylic., glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; "2. A water pipe; "3. A carburetion tube or device; h:lleg- dirlafisonllalisonl hlalison's ordinances12011 k -2 ordinance.doc —317— Page3of5 "4. A smoking or carburetion mask; "5. A chamber pipe; "6. A carburetor pipe; "7. An electric pipe; "8. An air -driven pipe; "9. A chillum; "10. A bong; or "11. An ice pipe or chiller. "c. Person means an individual, firm, corporation, partnership, organization, association, wholesaler, retailer, any licensed or unlicensed business, or other legal entity. "(2). Offense. "(a). It shall be unlawful for any person to use, possess, purchase, barter, give., publicly display, deliver, sell, offer for sale, or transfer any illegal smoking product. "(b). It shall be unlawful for any person to cause any illegal smoking product to be sold, delivered or transferred to another person. "(c). It shall be unlawful for any person to use or possess illegal smoking paraphernalia with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product. "(d). The culpable mental state required by Chapter 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation is a strict liability offense. SECTION 2. A person violating any term or provision of this article shall be subject to a fine not to exceed $2000.00. A person commits a separate offense for each day during which a violation is committed, or for possession of each item described under this ordinance. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final iudgment of a court of competentiurisdiction, 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 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. h:lleg- dirlalisonflalisonf Maiison's ordinances12011 k -2 ordinance.doc —31 8-- Page 4 of 5 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: This the day of , 2011. Alison J. Logan Assistant City Attorney For the City Attorney haleg- dirlalisonllalisonl hlalison's ordinances12011 k -2 ordinance.doc —319 -- Page 5 of 5 Corpus Christi, Texas Day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong h:lleg- dirlalisonllalisonl Malison's ordinances12011 k -2 ordinance.doc —320 -- 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02108/2011 AGENDA ITEM: AMENDING CHAPTER 57, ARTICLE V. OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING SEVERAL SECTIONS N SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE OFFENSES AND PENALTIES; OTHER SPECIFIC REQUIREMENTS APPLICABLE TO AUTO WRECKERS AND AUTO WRECKER COMPANIES; PROVIDING FOR A SEVERANCE CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2011. ISSUE: The purpose of the revision is to increase accountability and improve a service that is provided to our citizens, often on behalf of the police department. REQUIRED COUNCIL ACTION: Approval of the revision, PREVIOUS COUNCIL ACTION: The ordinance was last revised 1/10/2006. A presentation on the revisions was made to City Council on 12/14/2010. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the revision. D. Troy Ri Chief of Polio trovracctexas. com 886 -2603 Attachments ✓ Modified ordinance J :10512051PATDOCSIAGENDAIWRECKER ORDINANCE AGENDA 02.08.201 1.doc -323 -- BACKGROUND INFORMATION The Corpus Christi Police Department has worked to revise the current ordinance that governs auto wreckers (chapter 5, article V). This ordinance governs the use and service of wreckers within our city limits. Most importantly, it outlines the use of "rotation" wreckers by the Police Department. "Rotation" wreckers are the list of 18 wrecker companies that have applied and been accepted to be utilized by the department when any wrecker is needed in the course of police action. Examples of this include vehicles that have been involved in accidents (incident management tow) and vehicles that are being impounded. All incidents of wrecker use involving the Police Department in any fashion are considered to be "non- consent" tows by the state. In addition to our city ordinances, wreckers are governed by section 2308 of the Texas Occupations Code (TOC) and by the Texas Department of Licensing and Regulation (TDLR). The proposed revision to the ordinance will create increased accountability amongst the rotation wrecker companies and will bring us in line with TOC 2308 and with TDLR. The revisions initially began under Chief Smith at the request of several wrecker companies who felt that the ordinance was outdated. The process was shelved during the change of leadership within the department. Chief Riggs directed that the revised ordinance be finished after contact with the wrecker companies and determining that our internal management of the rotation list needed to be improved. Winter 20091Sorinq 2010 - During this time period, several wrecker companies met as a group with police department representatives to provide suggestions on the revision of City Ordinance Chapter 57 Article V. It should be noted all of the wrecker companies were aware the city ordinance pertaining to wrecker operations was in the process of being revised. During the initial meetings with the wrecker companies, suggestions were received and taken into account; however, the group of wrecker companies soon fell into discord and no longer met collectively. June 2010 - The owners of Statewide Wrecker and Texas Wrecker met with Chief Riggs and expressed their desire to get the revised ordinance completed and to have input into the process. Chief Riggs informed them that the process was underway and they would have a venue for input. On June 23, 2010, Chief Riggs spoke to all of the rotation wrecker companies expressing to them that the ordinance was being revised and that there were some problems with the accountability and performance of the rotation wrecker companies. October 2010 - Al! rotation wrecker companies were emailed the working draft of the ordinance revision on October 26, 2010. A meeting was held October 29, 2010 to review the proposed revisions. Answers to their questions were emailed on November 4, 2010 in order to ensure all companies had the most complete information possible. On November 23, 2010, the final draft was emailed to all rotation wrecker companies. December 30, 2010 - Rotation wrecker companies met with PD and City representatives to discuss their concerns. Further revisions were made based on their input, and include the following: • Sec 57 -220: Language concerning "towing work for compensation" in the definition of rotation wrecker removed • Sec 57 -221: Language changed from Texas Transportation Code to Texas Occupations Code • Sec 57 -223: The word "complaint" was removed and changed to "disciplinary actions" in reference to notifying CCPD of TDLR actions against an owner or wrecker company J' 10512051PATDOCSIAGENDAIWRECKER ORDINANCE AGENDA 02.06.2011.doc —324— • Sec 57 -223: Proposed requirement that a wrecker must have been in business for 3 years prior to rotation application reduced to 2 years • Sec 57 -223: Companies conducting non - consent tows with category A (light) wreckers must have at least two wreckers. Companies towing under category B (heavy) wreckers need only have one heavy wrecker. • Sec 57 -223: A prior proposed revision stated that no owner may have more than one company on the rotation list. This provision has been eliminated. • Sec 57 -232: All wrecker drivers must be named (instead of listed) on owner's liability insurance policy • Sec 57 -238: Language altered to permit forwarding of telephone calls to wrecker company's office • Sec 57 -248: Companies employing a new rotation driver must conduct a drug test on that driver within 90 days of his expected employment • Sec 57 -254: Fee for normal non- consent tow increased from $90 to $110 • Sec 57 -254: Rate for heavy wreckers changed to $325 for town, and $275 per hour for any recover activity. All specialized equipment costs may be passed on to the vehicle owner plus a 25% up charge Proposed Changes to the Ordinance The proposed changes to the ordinance were crafted in such a manner as to: 1. increase accountability of wrecker companies and the police department, 2. bring the City in line with state law and regulations, and 3. reduce the amount of time CCPD patrol officers must wait for a wrecker. A summary of the significant changes is as follows: • Sec 57 -220: All definitions have been amended to reflect state law & regulations. • Sec 57 -221: Offenses added for submitting false documents & consuming alcohol or controlled substances while on duty as a wrecker operator. Separate "Chief of Police Regulations" eliminated (these were a separate set of regulations and rules for the wrecker companies that existed within the PD.) • Sec 57 -223: Wrecker companies on rotation must have at least 2 wreckers for class A (regular duty) towing. Class B (heavy) towing requires only one wrecker. • Sec 57 -223: To obtain a rotation permit, the company owner must provide an affidavit listing any discipline by regulatory agency (Texas Department of Licensing & Regulation). Rotation companies must notify the Chief within 10 days of any regulatory discipline. • Sec 57 -223: In order to obtain a rotation permit, the owner must provide an affidavit showing that they have been in business in Corpus Christi for at least two years prior to application (current rotation wreckers are grandfathered). Additional wrecker companies are sometimes created in name only in order to occupy multiple spots on the rotation list in order to increase income for the same owner. The goal of this section is to prevent this by providing an equal opportunity for all wrecker companies and ensure that our rotation wreckers can provide a certain level of service to our citizens on behalf of the Police Department. • Sec 57 -223: Owner and drivers must successfully pass criminal background check. • Sec 57 -226: The fees that wrecker companies pay the city to be on the rotation list will stay the same. Rotation wreckers pay a $315 application fee and $126 per permitted wrecker. Non rotation wreckers pay a $100 permit fee and $126 per wrecker. This is prorated by their application date. • Sec 57 -233: Rotation permit may be denied or revoked if the wrecker company owner has a criminal conviction for a felony offense, class B misdemeanor, or violations of chapter 2308 of the Texas Occupations Code or Texas Department of Licensing and Regulations guidelines. J :10512051PATDOCSIAGENDAIWRECKER ORDINANCE AGENDA 02.08.2011.doc -325- • Sec 57 -245: When a wrecker is requested by a police officer, their response time may not exceed more than 30 minutes. The existing ordinance states that their response time may exceed 30 minutes due to several conditions. This creates a situation in which it is difficult to hold the companies accountable for their response time. • Sec 57 -248: The owner of a rotation wrecker company must supply the following within 5 days of expected employment of a wrecker driver: full name, date of birth, social security number, copy of all drivers' licenses, current address and each address where driver has resided for previous 10 years, whether driver has been arrested and corresponding information. Owner must also provide evidence that the driver has passed a drug screen within 30 days of application. • Sec 57 -248: The background check of a wrecker driver has been modified and is now the same as what is currently required by city ordinance for taxi-cab drivers. Since the rotation wrecker drivers are responding on behalf of the PD, we must ensure the character of the driver is sufficient to responsibly take possession of someone's vehicle and the property within. • Sec 57 -248: Rotation wrecker drivers must be drug tested within 90 days of hire with a wrecker company and the test results must be furnished to PD within 90 days of hire. Owner must also inform PD of any driver convicted of any offense listed in section within 5 days of conviction. Owner must also notify PD in writing of any change of driver's home address within 5 days of the change. • Sec 57 -254: The fee for regular wrecker tows will be increased from $90 per tow to $110 per tow. This reflects the increased cost of gas and general operating expenses. • Sec 57 -254: Category B wrecker (heavy wreckers for large trucks and semi - trailers) fees raised to $325 for the tow and $275 per hour thereafter for any recover work (rigging, winching, cleanup, etc). Prior fee was $200 with other fees applied depending on what had to be done on the scene. This change better reflects the owner's investment in the expensive heavy wreckers. • Sec 57 -258: Language was added to outline how to obtain a "Tow Fee Study ", which is a study to determine fair market value of a non - consent tow (this means a rotation list tow). Other cities ordinances were consulted for the changes, as follows: o The requesting companies must have accounted for at least 50% of non - consent tows for preceding 12 months o Must deposit $5000 with City Manager o If study is not conducted, money is refunded less $500 admin fee o City must complete study within 120 days o City Manager must present findings to council, and written notification will be given to wrecker companies for date and time of presentation o Council may change fees based on study findings o City is not required to conduct more than one study in a two year period. Concerns of the Wrecker Companies During the revision process, we received a great deal of feedback from the wrecker companies, both positive and negative. Some of their concerns were valid and resulted in changes to the ordinance. Here is a summary: • Concern: The non - consent regular tow fee needs to be increased from the current $90. PD response: The fee has been raised to $110 per tow. • Concern: If a rotation wrecker takes more than 30 minutes to reach a scene, they will be penalized. • PD Response: We are aware there will be situations in which more than 30 minutes is required. We will look at each situation individually and use the discretion and decision making that is central to the enforcement of nearly all laws. J :10512051PATDOCSIAGENDAIWRECKER ORDINANCE AGENDA 02.08.2011.doc -326- • Concern: Some companies wanted the drivers to be responsible for providing drug test results and criminal conviction information to the department, as opposed to the wrecker company owners. PD response: The wrecker company owners are responsible for the behavior and character of their employees. Wrecker drivers are often responding to a scene at the request of the PD, and we must ensure the safety of the citizens involved and account for their property. • Concern: How often must drug tests be performed? PD response: In accordance with TDLR, which requires a test once per year and "randomly" as defined by the company owner. The companies must additionally drug test a driver for hiring within 90 days of hiring. • Concern: Initial proposed fee increase was not enough for heavy wreckers. PD response: Research showed this concern to be very valid. We responded by raising the proposed fee amount to $325 for the tow and $275 per hour for recovery work. • Concern: There was a proposed wording change in the section on fees from "shall" to "may" in reference to applying a $100 application fee to the total fee. PD response: This concern was also valid. The proposed revision was changed to back to "shall ". • Concern: The proposed revision states that if a company is on their rotation day (this means the PD will call them first for all wrecker requests that day), they cannot refuse a police call for service because all of their wreckers are tied up on non -police tows. PD response: The revision does in fact state exactly that. We are asking the companies to ensure that at least 1 wrecker is available on their rotation day, which is once every 18 days. We feel this is acceptable in order to provide the needed level of service for our citizens. In summary, the Police Department believes the proposed revisions to City Ordinance Chapter 57 Article V creates an ordinance that results in a better service to our citizens while ensuring the City and wrecker companies remain compliant with State regulations. J :10512051PATDOCS\AGENDAIWRECKER ORDINANCE AGENDA 02.08.2011.doc —327— Revision to City Ordinance Chapter 57, Article V What the Ordinance Entails • The ordinance governs the use and service of wreckers within our city limits. Most importantly, it covers the use of "rotation" wreckers by the PD. "Rotation" wreckers are the wreckers on the list of companies we currently use for all non -consent tows (any tow involving a police response -accidents, impounds, etc). 2 Rotation Wreckers • Rotation wreckers are dispatched at the request of a responding police officer. They impound cars for the officer, or in the case of an accident, clear the road and tow the vehicles to their respective storage facilities. The involvement of a rotation wrecker is at the request of the PD, and because of this we expect a level of accountability. State Law ■ Wreckers are also governed by Chapter 2308 of the Texas Occupations Code (TOC) and by the Texas Department of Licensing and Regulation (TDLR), which enforces all regulations. 4 Purpose of the Revision • The proposed revision will create increased accountability amongst rotation wrecker companies and bring us more in line with TOC and TDLR. It will also increase efficiency and decrease the amount of time patrol officers sit waiting on a wrecker. 5 Timeline • Revision was started under Chief Smith and then shelved during the department's leadership changes. Chief Riggs directed that the revision be finished after contact with the wrecker companies and determining that our internal management of the rotation list needed to be improved. 6 Timeline • Winter 2009/Spring 2010 ■ Several wrecker companies met as a group to provide suggestions and input for the revision. Their suggestions were received and taken into account. The group soon fell into discord and no longer met collectively. • June 2010 ■ Owners of Statewide Wrecker and Texas Wrecker met with CCPD. They expressed their desire to get the revision completed and requested to have input into the process. 7 Timeline • June 23, 2010 m Chief Riggs met with all rotation wrecker companies and expressed to them that the revision was underway and that there were problems with the accountability and performance of the rotation wreckers. 8 Timeline • October 2010 ■ Draft of revision sent to all companies on 10/26/10. All wrecker companies met with CCPD on 10/29/10 in order to give them an overview of the revision and to get their input. As many questions as possible were answered and notes were taken on other questions. Those answers were emailed to all companies on 11/4/10. Since then, companies have received all revisions and all calls, emails, and letters have been answered. 9 Timeline • December 30, 2010 ■ City representatives meet with several wrecker companies to hear their concerns. Several changes were made based on their input. They are as follows: • Sec 57-220 & 221 -changes in language • Sec 57-223- "complaint" removed and changed to "disciplinary action" • Sec 57-223 -towing company must be in business for 2 years to be eligible for rotation list 10 Changes since last meeting • Sec 57 -223 -Proposed revision barring one owner from having two companies on the rotation list removed • Sec 57 -223 -Only one category B wrecker required • Sec 57 -232 -All wrecker drivers shall be named (not listed) on owner's liability insurance policy • Sec 57 -238 -Calls to wrecker company may be forwarded • Sec 57 -248 -Rotation drivers must be drug tested within 90 days of their expected hire • Sec 57 -254 -Fees for normal tow increase from $90 to $110. Fees for heavy tow increase to $325 for tow and $275 per hour for recovery work. Costs of specialized equipment (cranes, etc.) may be passed on to vehicle owner including a 25% up charge ii Proposed Changes • Sec 57-220 ■ All definitions have been amended to reflect state law and regulations • Sec 57-221 ■ Offenses added for submitting false documents and consuming alcohol or controlled substances while on duty as a wrecker driver. Separate "Chief of Police" regulations eliminated. 12 Proposed Changes • Sec 57-223 ■ Companies towing under class A wreckers must have at least two wreckers. Companies towing under class B are required to have only one. This will help ensure that each company on rotation on a given day can respond in a timely manner to a PD request for service. 13 Proposed Changes • Sec 57-223 (cont) al In order to obtain a rotation permit, owner must provide affidavit showing that they have been in business for at least 2 years prior to application (current companies grandfathered). This prevents companies from splitting to occupy multiple spots on rotation list. Currently, a wrecker company can be created and instantly have a certain amount of business from the city regardless of their ability or performance. 14 Proposed Changes • Sec 57-223 (cont) ■ Owner and driver must successfully pass criminal background check. • Sec 57-226 ■ The yearly fees the companies pay will not increase. Rotation wreckers currently pay $315 application fee and $126 per permitted wrecker. Non rotation wreckers pay $100 permit fee and $126 per wrecker. This is prorated by their application date. 15 Proposed Changes • Sec 57-233 • Permit may be denied if owner has a conviction for a class B misdemeanor or above, or violation of Ch 2308 of TOC or of TDLR regulations. • Sec 57-245 • When a wrecker is requested by an officer, the wrecker has 30 minutes from notification to arrive at scene. Prior ordinance said response time may exceed 30 minutes given certain conditions. This created a situation in which holding companies accountable for response time was difficult. The revision gives us the ability and discretion to enforce the time limit. Discretion is a necessity in all areas of policing. 16 Proposed Changes • Sec 57-232 ■ Requires rotation wreckers to carry worker's compensation insurance or occupational safety insurance in amounts required by law (TDLR does not currently require this). After consultation with risk management and legal, we still believe it is in the city's best interest to require this. 17 Proposed Changes • Sec 57-248 ■ Owner must supply the following within 5 days of expected employment of a driver: • Full name • DOB • Ss# and all DL#'s • Current address and each address where driver has lived for previous 10 years • Any arrests and corresponding information • Evidence of passed drug screen within previous 30 days 18 Proposed Changes • Sec 57-248 ■ Background check of drivers has been modified to be the same as the current ordinance for taxi drivers. Our citizens should expect that the driver that is responding on behalf of the PD has an acceptable background. Background check includes..... 19 Proposed Changes • Sec 57-248 • Things considered in driver's background check • Theft/dishonesty crimes • Assaultive/harassment crimes • Solicitation of prostitution • Sexual abuse crimes • Crimes of alcohol/drug abuse • Traffic offenses • Extent to which approval would provide opportunity to reoffend • Extent and nature of past criminal activity • Age when crime committed • Amount of time lapsed since crime • Conduct and work activity prior to and since criminal activity • Evidence of rehabilitation efforts • Other evidence of personal fitness submitted by driver (recommendations) 20 Proposed Changes • Sec 57-248 • Rotation wrecker drivers must be drug tested within 90 days of hire with wrecker company, and results of test must be furnished to PD within 90 days of hire. • Owner must inform PD within 5 days of the driver being convicted of any crime. • Owner must inform PD within 5 days of any change of address of driver. 21 Proposed Changes ■ Sec 57-254 ■ Fees for regular wreckers increased from $90 per tow to $110 per tow. ■ Past fees for regular wreckers and years changed: ■ 1988-$45 ■ 1993-$50 ■ 2002-$75 ■ 2006-$90 ■ Average city regulated maximum fee for standard non- consent tow is $111. Range is $70 (El Paso) to $150 (Austin). *12/08 TDLR study. 22 Proposed Changes • Sec 57-254 • Heavy wrecker fees raised to $325 for the tow (all inclusive). Any necessary recovery work (rigging, winching, cleanup, etc) will be at $275 per hour. This separates the tow and recovery and reflects the investment the owners have in the trucks. This is a raise from current rates. • Clause added that when specialized equip is needed, the cost plus 25% may be passed on to vehicle owner. 23 Proposed Changes • Sec 57-258 • Language added to provide a process to obtain a "tow fee study". Other ordinances consulted for changes as follows: • Requesting companies must have accounted for at least 50% of non- consent tows for previous 12 months • Must deposit $5000 with CM • If study is not conducted, money refunded less $500 • City must complete study within 120 days • CM present study findings to Council and written notification made to companies for date and time • Council may change fees based on study • City is not required to conduct more than 1 study in 2 year period 24 Wrecker Company Concerns ■ Concern- Regular tow fee needs to increase from the current rate of $90. ■ Response- We agreed. Rates were increased to $110 per tow. 25 Wrecker Company Concerns • Concern- Some companies wanted the drivers to be responsible for providing drug test results and criminal conviction information to PD. • PD Response- Company owners must take responsibility for the behavior and character of their employees. We must ensure the safety of our citizens, their vehicles, and the property within the vehicle. 26 Wrecker Company Concerns ■ Concern- How often must required drug test be performed? ■ PD Response- In accordance with current TDLR regulations, which specify once per year, and then "randomly" as defined by the owner. Drug test must also be administered within 90 days when new driver is hired. 27 Wrecker Company Concerns ■ Concern- Initial proposed fee for heavy wreckers was not enough. ■ PD Response- Research showed this concern to be very valid. We responded by increasing the rate to $325 for the tow, and $275 per hour for any recovery work. The cost of specialized equipment may be passed on to vehicle owner plus a 25% up charge. 28 Wrecker Company Concerns • Concern- There was a proposed change of wording from "shall" to "may" in reference to applying the $100 application fee to the total permit fee. • PD Response- The wrecker companies were correct. The wording was changed back to "shall". 29 Wrecker Company Concerns • Concern- Revision states that a company on rotation must have at least one wrecker available to respond. They cannot refuse a call for service because they are on non -police tows. • Response- We ask that companies have at least one wrecker free. We feel that this is acceptable in order to provide the needed level of service. If this is not acceptable to them, then the companies may leave rotation. It is a privilege, not a requirement. 30 Wrecker Company Concerns ■ Concern- That the PD has "rushed" the revision through and not provided an avenue for input. ■ Response- This revision has been working in some form for nearly two years. Companies were emailed drafts, met with, and all questions were answered (in person, letters, and phone calls) . We have continued to receive input, and all suggestions were taken into account. 31 Wrecker Company Concerns ■ Concern- We should raise the requirement for cargo insurance beyond the current level of $50k. ■ Response- The current TDLR requirement is for $50k of cargo insurance, and risk management does not believe it is necessary to exceed the state regulations. Legal checked the ordinances of several other cities and found none that required more than the state. 32 Conclusion • The Police Department believes the proposed revisions to City Ordinance, Chapter 57, Article V creates an ordinance that will result in better service to our citizens while ensuring the City and wrecker companies remain compliant with state regulations. 33 AN ORDINANCE AMENDING CHAPTER 57, ARTICLE V. OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING SEVERAL SECTIONS IN SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE OFFENSES AND PENALTIES; OTHER SPECIFIC REQUIREMENTS APPLICABLE TO AUTO WRECKERS AND AUTO WRECKER COMPANIES; PROVIDING FOR A SEVERANCE CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 57, Vehicles for Hire, Article V, Auto Wreckers, is amended by revising the Article to read as follows: "Sec. 57 -220. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Auto wrecker: Means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle. The term does not include: La,) a motor vehicle owned and operated by a governmental entity, including a public school district: th) a motor vehicle towing: a race card al a motor vehicle for exhibition: or al an antique motor vehicle; j) a recreational vehicle towing another vehicles al a motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated in the furtherance of a commercial enterprise: al a motor vehicle that is controlled or operated by a farmer or rancher and used for towing a farm vehicle: or ti a motor vehicle that: (1) is owned or operated by an entity the primary business of which is the rental of motor vehicles: and only tows vehicles rented by the entity. Certificate of insurance: A certificate prescribed by and filed with the chief of police in which an insurance carrier or surety company, approved in this state warrants that a towing company for whom the certificate is filed has the minimum coverage as required by Chapter 2308 of the Occupations Code. Chief of police: The chief of the police department of the City of Corpus Christi or his designated representative. -361- City: The City of Corpus Christi. Closest wrecker: The owner of an auto wrecker permit which is located geographically closest to the scene of an emergency situation can be dispatched for an emergency disregarding the rotation list. This does not mean an auto wrecker which happens to be near the scene. Consent tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Disabled vehicle: Any motor vehicle located on any public street, alley, or sidewalk area which is incapable of being driven under its own power due to mechanical breakdown, collision, or for any other reason. Driver's license: Has the meaning assigned by Section 521.001 of the Transportation Code. Drop fee: The price to be charged in lieu of a towing fee where, after an auto wrecker has been dispatched to, or is at the scene of a tow, and has started to physically attach or connect the vehicle to the auto wrecker, and the vehicle has not been towed from the scene when the vehicle owner requests its release. Emergency situation: A serious vehicle accident or similar situation in which the rapid arrival of an auto wrecker would considerably reduce a life or death risk or in which extreme blockage of a major thoroughfare is involved. Impounded vehicle: Any vehicle which police officers are authorized to impound and remove under the provisions of any ordinance of the City of Corpus Christi, any law of the State of Texas, or any contract or agreement with any law enforcement agency. Incident: An unplanned randomly occurring traffic event that adversely affects normal traffic operations Incident management tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Nonconsent tow: f. 2308.002 of the Occupations Code. Has the meaning assigned by Section Normal tow: All measures necessary to transport a disabled vehicle including but not limited to: double hook -up, multiple tow (vehicle and small trailer), cleaning of an accident scene; it does not include: winching, changing tire(s), use of dolly(ies), on -scene delays caused by other than the wrecker driver, or a second wrecker to tow or assist the first wrecker on a single disabled vehicle, which have additional fees. Owner: The person, corporation, or partnership which has an auto wrecker permit and owns any auto wrecker which is permitted by article V. Owner includes all owner's employees and agents and shall be plural if the context so requires. Parking facility: parking. Has the meaning assigned by Section 2308.002 of the Occupations Code. Parking facility authorized agent: Has the meaning assigned by Section 2308.002 of the Occupations Code. -362- 3 Parking facility owner: Has the meaning assigned by Section 2308.002 of the Occupations Code. Private property impound: A nonconsent tow from private property. Private property tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Public roadway: Has the meaning assigned by Section 2308.002 of the Occupations Code. Rotation list: The list set up by section 57 -243 which determines the order in which auto wreckers are sent to tow a vehicle for the police department. Rotation wrecker: An auto wrecker company permitted to conduct police- initiated rotation or incident management tow and impound towing - = within the territorial limits of the city. Rollback wrecker: A tow truck equipped with a moveable bed, which is. adapted for winching a vehicle onto the bed for the purpose of recovering and transporting that vehicle. Scene: The location of a disabled or impounded vehicle. Unauthorized vehicle: A vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner. Vehicle: Has the meaning assigned by Section 2308.002 of the Occupations Code. Vehicle owner: Has the meaning assigned by Section 2308.02 of the Occupations Code. Vehicle storage facility: Has the meaning assigned by Section 2308.02 of the Occupations Code. Wrecker company: - - _ Means an individual, association, corporation, or other legal entity that controls. operates, or directs the operation of one or more tow trucks over a public roadway for compensation within the territorial limits of the city. Sec. 57 -221. Offenses; penalty. Unless otherwise stated. a culpable mental state is not a required element of an offense under this article. A person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof shall be punished as prescribed by section 1 -6. Each day that a violation continues shall constitute a separate offense. (a) A person commits an offense if the person intentionally or knowingly without consent of the vehicle owner, operator, or authorized representative of the owner tows or causes the towing of a vehicle from private property, other than an abandoned, junked, iIlegaIly parked, trespassing, repossessed, or unauthorized vehicle, (b) A person commits an offense if the person intentionally or knowingly tows or causes the towing of a vehicle from any public street, right -of -way, beach, or public property without the consent of the vehicle owner or operator, or at the direction of a sworn peace officer acting in his official capacity. (c) A person conunits an offense if the person intentionally or knowingly tows or causes the towing of a vehicle as an unauthorized vehicle, in accordance with the Texas T-FanspeFt-atien Occupations Code, from a parking facility that is does not have a properly sign posted sign, or that the vehicle owner has not received proper notice, or that the vehicle was not left in violation of section 681 -011- 2308.254 of the Transpertatien Occupations Code, or that the vehicle was in or obstructing a paved driveway or abutting public roadway used for entering or exiting the facility. -363- 4 (d) A person commits an offense if the person :: = :: : - . _ - .. - = violates any section of this article. any rules or regulations promulgated by the chief of police the Texas Department of Licensing and Regulation, or Chapter 2308 of the Occupations Code. , (e) =. A person commits an offense if the person charges or collects a fee that is not authorized or is greater than the amount authorized by this article (1) A person commits an offense if the person allows an unapproved driver to operate an auto wrecker. fg) A person commits an offense if the person submits a falsified application, affidavit, business records, certification, training, drug or alcohol testing results. (h) A person commits an offense if the person consumes any alcoholic beverage or uses any controlled substance while on duty or operates an auto wrecker. i A erson commits an offense if the erson o grates an auto wrecker without a valid ermit issued by the chief of police. fj) A person commits an offense if the person works or allow another person to work at a vehicle storage facility without a license issued by the Texas Department of Licensing and Regulation. Sec. 57 -222. Permit required.;-Pen. Unless allowed by another law or regulation, a wrecker company or an auto wrecker operator shall not operate or cause an auto wrecker to be operated on the public roadways within the territorial limits of the city unless the auto wrecker displays, in accordance to Section 57 -229, a current permit issued by the chief of police for the auto wrecker under this article. A separate permit is required for each auto wrecker. Sec. 57 -223. Application, contents, fees. (a) [General.] Any person, firm, corporation, or partnership desiring to operate one (1) or more auto wreckers for compensation in the city shall make an original or renewal application for an auto wrecker permit or an auto wrecker rotation list permit to the chief of police as follows. (b) Original application. An applicant shall submit: (1) An original application current phone number of all owners. —364— with the name, address, and 5 a. If the owner of the auto wrecker is a partnership, the application shall contain the partnership's name, address, and phone numbers and the names, addresses, and phone numbers of all partners. b. If the applicant is a corporation, the application shall state the corporate name, the office address, and phone number of the corporation, together with the names, addresses, and phone numbers of the president and secretary of the corporation. (2) For an auto wrecker permit, the-owner-shall a list of each wrecker the owner wants to permit and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration for each wrecker. The permit issued by the chief of police is only valid to the person and for the wrecker applied. A person who succeeds to the ownership or operation of a wrecker service, and is not identified on a current wrecker service application, must submit a new application to the chief of mike, (3) For a rotation list permit, the -owner a list of each wrecker the owner wants to permit, the certification (category A or category B auto wrecker, see section 57 -254), and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration for each auto wrecker. Wrecker company must have at least two 2 ro erl o eratin e A wreckers and one 1 ro erl operating type B wrecker that are fully equipped, in accordance to Section 57 -224, for each category wrecker company is applying for a permit. All auto wreckers must be available for twen -four 24 hours a da service when dis ' etched or assi • • ed a call for service re ardless of the assigned rotation schedule published by the chief of police each month. (4) Owner-shall provide pProof of ownership of all auto wreckers listed on the auto wrecker permit or rotation list permit issued application. (5) Owner - shall previde -a A current certificate from the county tax assessor - collector to prove that all city taxes on all property, real and personal, to be used in connection with the owner's auto wrecker business are paid. (6) For an auto wrecker rotation list permit, the owner shall provide a copy of a deed to or lease for the proposed location for the auto wrecker business and storage facility and written verification of the zoning of the proposed location from the city planning department. (7) a-A written statement that he will comply with the provisions of this article and of all other ordinances, statutes and state laws applicable to motor vehicles and auto wrecker businesses. Further, that owner will ensure that all owner's auto wrecker drivers will complyianee with said laws . (8) Owner -shall provide a-A copy of owner's Texas Sales and Use Permit. (9) A copy of owner's certificate of occupancy at the proposed business location. (10) For an auto wrecker rotation list permit, the-owner-shall provide a copy of the owner's current Texas Vehicle Storage Facility License issued by the Texas Meter Department of Licensing and Regulation (11) A copy of owner's certificate of insurance; in the amounts required by Chapter 2308 of the Occupations Code see Secti on 57 232. (12) A list of all owner's auto wrecker drivers, including each ene'-s driver's name, Social Security number, date of birth, drivers license number and state of license. All owners and drivers must successfully pass a criminal background check. —365— 6 (13) A sworn affidavit indicating whether the owner and wrecker company have ever been disciplined by any agency that regulate auto wrecker business including the Texas Department of Licensing and Regulation and the chief of police. The affidavit should state the disciplinary agency, nature of the complaint or violation, date, location. and the penalty imposed. Owner and wrecker corn an are re uired to noti the chief of olice in writing and within ten 10 da s from the date in which they receive notice of any disciplinary actions taken against the owner or wrecker company during the permit term. (14) For a rotation list permit. the owner shall file an affidavit of ownership and provide business records. if requested by the chief of police, to demonstrate that the wrecker company has been established within the territorial Iimits of the city for at least two (2) years, and a sworn statement of whether the owner or wrecker coin an is currents under an invests lion or disci lin action by any agency that regulate auto wrecker business. The chief of police may deny a rotation list permit to a company that is currently under investigation or has received disciplinary actions, or to a company that is established after March 1, 2011 and does not meet the two (2) years business requirement. (c) Renewal application. To renew and maintain continuous Iicensure. the renewal requirements under this section must be completed prior to the expiration of the permit. A late renewal means the permit holder will have an un- permitted period from the expiration date of the expired permit to the issuance date of the renewed permit. During the un- permitted period, a tow truck may not be used, caused to be used or operated for towing on the public roadway within the territorial limits of the city. OwneF An applicant shall provide submit a renewal application that contains the name address, and current telephone number of all owners, and the following: (I) Written confirmation of any changes in to information supplied by pfevieus in the original application or renewal application. (2) A current certificate or gut receipt marked paid from the county tax assessor - collector that all city taxes on all property, both real and personal property, used in connection with the owner's auto wrecker business are paid. The chief of police may deny, suspend or revoke a permit if taxes of the preceding year are not paid in full by January 31 of each year. (3) For an auto wrecker rotation list permit, a copy of owner's current Texas Vehicle Storage Facility License issued by the Texas Department of Licensing and Regulation. (4) . = A current certificate of insurance in the amounts required by Chapter 2308 of the Occupations Code. (5) A copy of owner's current Texas License and Receipt and Texas Tow Truck Registration issued by the Texas Department of Licensing and Regulation to each auto wrecker listed in the application. (6) A copy of the Toxin Tee Truck Registration insurance cab card certificate issued by the Texas Department of Licensing and Regulation for each new auto wrecker listed in the application. (7) A list of all owners' current auto wrecker drivers and the required information [see section 57- 223(b)(-1-12)]. (8) Owner and driver must successfully pass a criminal background check. (9) A copy of continuing education record on all drivers. Continuing education courses must meet the guidelines set forth by the Texas Department of Licensing and Regulation. -366- 7 (10) A sworn affidavit indicating whether owner and wrecker company have ever been disciplined b an a enc that re late auto wrecker business includin the Texas Department of Licensin and Regulation and the chief of police. The affidavit should state the disciplinary agency, nature of the complaint or violation. date, location. and the penalty imposed. Owner and wrecker company are required to notify the chief ofpolice, in writing and within ten (10) days from the date they receive notice of any disciplinary actions taken against the owner or wrecker company during the permit term. (11) For a rotation list permit the owner shall file an affidavit of ownership and provide business records. if requested by the chief of police. to demonstrate that the wrecker company has been established within the territorial limits of the city for at least two (2) years, and a sworn statement of whether the owner or wrecker company is currently under any investigation or disciplinary action by any agency that regulate auto wrecker business. The chief of police may deny a rotation list permit to a company that is currently under investigation or has received disciplinary actions. or to a company that is established after January 1, 2011 and does not meet the two (2) years business requirement. (d) Original application or renewal application. The application for an auto wrecker or auto wrecker rotation Iist permit or renewal application shall be accompanied by an application fee of one hundred dollars ($100.00). the owner shall pay the permit fees as provided in section 57 -226. 1 e, . If application or renewal is approved, - No more than one permit shall be issued to any auto wrecker company or owner of multiple auto wrecker companies that are established after March I, 2011. This section does not impede the city's right not to issue a permit to any towing company. (e) Inspection. Upon receipt of the application, the required €bregaing information and fees, a police department representative will inspect the applicant's auto wrecker and storage facility, in accordance with the provisions of sections 57 -224 and 57 -240. Sec. 57 -224. Application and certification. (a) The chief of police or the police chiefs designee shall review each auto wrecker permit application and eaeli-auto wrecker rotation list permit application for compliance with this article, and shall inspect and certify each Misted auto wrecker, business location, and storage facility for rotation list permits if each- listed the auto wrecker meets the requirements of a rotation list category A or category B auto wrecker, and if the business location and storage facility are acceptable and properly zoned. (b) Category A. A category A auto wrecker shall meet the following requirements: (1) Be not less than one (1) ton (minimum ten thousand (10,000) pounds gross vehicle weight) in capacity, as reflected on the manufacturer's certificate. If the unit does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the chief of police. (c) (2) Be equipped with a power winch, winch line, and boom, with a factory-rated lifting capacity of not less than eight thousand (8,000) pounds, single -line capacity. If a hydraulic wheel lift is installed, it must have a factory-rated capacity of not Tess than four thousand (4,000) pounds. If the unit does not have an established factory-rated lifting capacity, then such capacity shall be determined by a testing procedure approved by the chief of police. Category B. A category B auto wrecker shall meet the following requirements: —367— (1) Be over twenty -six thousand (26,000) pounds gross vehicle weight in capacity, as reflected on the manufacture's certificate. If the unit does not have a manufacture's certificate, then the gross weight shall be determined by a testing procedure approved by the chief of police. (2) Be equipped with a power operated winch, winch line, and boom with a factory-rated lifting capacity of not less than thirty-five thousand (35,000) pounds, single or double line capacity. If the unit does not have a factory-rated capacity, then said capacity shall be determined by a testing procedure approved by the chief of police. (d) Each auto wrecker and the equipment thereon shall be in good mechanical condition and shall comply with all applicable city ordinances and state laws. Each auto wrecker shah have brakes that meet braking performance requirements under all loading conditions. (e) Each auto wrecker at all times shall carry the following as standard equipment in good working order, except as otherwise noted: (1) A tow sling or hydraulic Iift which is sufficient to prevent the swinging of any equipment being transported. (2) Steel safety chains of a three- eights -inch link for category A auto wreckers and of one -half- inch link for category B auto wreckers. (3) One (1) ten -pound BC (or two (2) five -pound BC) fire extinguisher that is properly filled and located so that it is readily accessible for use. (4) One (1) crowbar or wrecking bar of not less than thirty-six (36) inches in length with a wedge head. (5) One (1) broom of a type designed for pushing with an eighteen (18) inch head and a handle of not Iess than thirty -six (36) inches. (6) One (1) flat -edged shovel of at least nine (9) inches with a handle of not less than thirty-six (36) inches. (7) Three (3) portable red emergency reflectors. (8) Towing dollies in working condition, category A rollback wreckers and category B wreckers are exempted. (9) A box or bucket to carry glass and debris cleaned from streets when picking up a wrecked vehicle. (10) Rope or wire suitable for securing doors, hoods, trunks, etc. (11) A spotlight or flashlight. (12) Outside rearview mirrors on both sides of the truck. (13) One (1) set of operating tow lights (for towed vehicle). (14) Wheel chocks: minimum two (2) each. u A reflective, brightly colored safety vest, shirt, or jacket whiob must be worn by the auto wrecker operator and employee ed at all times while workina outside the auto wrecker; the reflective vest, shirt or jacket must meet the ANSI /ISEA requirements for high visibility safety apparel. -368- 9 (16) Auto wrecker operator and employee shall wear gloves. long pants, hard toe or steel toe shoes, and shirts long enough to remain inside the trouser belt Iine and keep the operator or employee's skin covered. All operators and employees shall maintain a neat appearance while on duty. (f) Each auto wrecker must be labeled in accordance with Chapter 86 of the Texas Department of Licensing and Regulation Administrative Rules. eleaAy-legible, (g) Each auto wrecker shall be equipped with a radio receiver set or portable telephone capable of clearly receiving transmissions by the owner's dispatcher. (h) All auto wreckers shall have flashing or rotating overhead warning lights that are in good working order, with lenses free of oxidation, that rotate; that and are clearly visible during daylight hours, and that in compliancey with the applicable provisions of the Texas Transportation Code. (i) If an auto wrecker is transporting a vehicle which does not have functioning lights, the auto wrecker driver must supply the towed vehicle with functioning lights. These lights must provide safe lighting of the towed vehicle. These lights, including turn signals, brake, and clearance Iights, must be actuated by the auto wrecker. (j) The owner or and driver of each auto wrecker shall comply with all regulations governing auto wreckers contained in this article or any applicable laws of the City of Corpus Christi or the State of Texas. (k) All auto wreckers including rollback wreckers must have the capability to, and actually put, the impounded vehicle on the ground for the vehicle impound control officer's inspection at the city's impound lot and inventory prior to the impound control officer accepting the vehicle. The impound control officer shall not be required to climb onto any auto wrecker to inspect or inventory an impounded vehicle. After inspection, the owner or auto wrecker driver will put the vehicle into the parking spot assigned by the impound control officer. (I) All auto wreckers must keep a current certificate of registration for tow truck service issued by the Texas Department of Licensing and Regulation. vehicle tag, motor vehicle inspection sticker, tow truck license displayed, and liability insurance certificate in the cab at all times. Said certificate of registration and insurance or a true and correct copy thereof must be provided by owner or any tow truck operator to the chief of police at any time upon request. The chief of police or his designee may inspect tow trucks at any time. Sec. 57 -225. Notice of disappreval denial of application or renewal; correction 01 do f e s, The chief of police or the police chiefs his designee shall give owner written notice of failure the denial of any application or renewal; and the owner has the right to appeal the chief of police's decision in accordance to Section 57 -233. _ ; = . - = - • - = thirty (30) days to remedy any Sec. 57 -226. Permit issuance; fees. (a)- The chief of police shall issue an auto wrecker permit or auto wrecker rotation list permit to each an owner whose application complies with all requirements of this article upon owner's payment of Lan auto wrecker operation fee_ of-one hundred twenty -six dollars ($126.00) for each auto wreckers and ,• -369- bean auto wrecker rotation list permit fee: 10 three hundred fifteen dollars ($315.00) pane KT -an auto wrecker permit fee: shall-be one hundred dollars ($100.00). b) -j) The one hundred dollars ($100.00) application fee shall be applied to the auto wrecker permit fee above, if the permit is approved. e The one hundred dollars ($100)application fee shall be forfeited if an original or renewal application is denied. Seer 57 -227 _Netiee of dani , appeal. Sec. 57 -228. Permit term. (a) Each auto wrecker and rotation list permit shall be issued for one (1) year from January 1 to December 31. (b) If any auto wrecker or rotation list permit is issued for less than one (1) year the three hundred fifteen dollar ($315.00) permit fee and one hundred twenty -six dollar ($126.00) operation fee per auto wrecker shall be prorated based on the number of months remaining until December 31. (c) Renewal fees will be paid in the same manner as set out above. (d) There will be no refund of permit fees or operation fees. Sec. 57 -229. Permits numbered; identification on vehicle; drop fee sign. (a) Bash An auto wrecker and rotation list permit issued by the chief of police shall be numbered consecutively and each permit holder shall affix the permit number in clearly legible numerals to all doors of eaeh the auto wrecker covered by said the permit. All identifications and permit numbers shall be permanently affixed in letters no less than two (2) inches high. (b) The chief of police shall issue annual permit decals for each permitted wrecker. The decals shall be affixed to the river's -side wi..dow windshield of eaeh the permitted wrecker. Sec. 57 -230. Substitution of vehicle; fees. An owner may substitute an unpermitted auto wrecker for one which has been permitted upon providing written notice of intent to substitute. The notice shall contain all information required by section 57 -223, and the owner shall pay a twenty dollar ($20.00) inspection fee for each substitute auto wrecker. If the substitute auto wrecker complies with the requirements of section 57 -223, owner's permit shall be amended to add the substitute auto wrecker and delete the previous auto wrecker eweef es. Sec. 57 -231. Adding vehicles; fees. —370— 11 Owner may add one (1) or more additional auto wreckers to the permit by filing a supplemental application containing all information required by section 57 -223. If the additional auto wrecker complies with the requirements of sections 57 -223 and 57 -224, owner's permit shall be amended to add the additional auto wrecker(s). The fee for adding auto wreckers to a permit shall be one hundred twenty-six dollars ($126.00) prorated based on the number of months remaining until December 31, provided, the minimum fee for adding an additional auto wrecker shall be fifty dollars ($50.00). Sec. 57 -232. Insurance. (a) An eOwner shall section maintain liability insurance for each auto wrecker to meet the requirements of Chapter 2308 of the Occupations Code and any other federal and state laws. In addition, owner shall maintain workers' com ensation or occu ational safe insurance for their em to ees in the amounts and es re wired by law. A11 such policies . except workers' compensation or occupational safety insurance, shall be primary to any other insurance. At the time of initial registration, and upon renewal, a certificate of insurance must be filed with the chief of police. The certificate must certify the type and amount of insurance coverage. and Owner shall provide immediate notice to the chief of police prior to any cancellation or material changes in the policy. (b) Unless state Iaw permits an auto wrecker to be self- insured. any insurance required for an auto wrecker must be obtained from an insurer authorized to do business in this state pursuant to the Texas Insurance Code. Insurance covering permitted auto wrecker must be kept in full force and effect at all times. The certificate of insurance must contain a provision obligating the insurer to give the chief of police thin 4(301 -day-notice in accordance with the policy provisions before the effective date of apolicy cancellation date. Y. _regu ents -e€all in . All auto wrecker drivers shall be named or listed on owner's liability insurance policy. (d) A permit issued under this article shall automatically be suspended upon the cancellation or expiration of the insurance policy and will not be reinstated until owner or wrecker company provides satisfactory proof of insurance certificate to the chief of police verifying that all required coverages are met. (e) The policies shall contain a clause naming the city as an additional insured. The chief of police shall have authority to increase the abese insurance requirements upon thirty (30) days` written notice to all owners or wrecker companies. (f) An original copy of the renewal certificate of insurance shall be provided to the chief of police at least fifteen (15) days before the ending date of any insurance in effect for each owner. Failure to comply will result in the owner wrecker company being deleted automatically from the rotation list until the next monthly rotation list is published following the receipt of said renewal certificate. f g) Owner shall keep evidence of insurance in a form approved by the chief of police in the cab of each permitted auto wrecker. (h) Owner shall fully indemnify and hold the city harmless from all claims, actions, and lawsuits for ersonal in' or roe dama a arisin in connection with services provided by wrecker com an . Owner and wrecker company are solely responsible for all vehicles towed by auto wrecker and for all properties inside vehicles. Sec. 57 -233. Denial, Ssuspension, probation and revocation of permit -- Procedure, appeal. -371- 12 (a) The chief of police may deny an application, suspend. or revoke a permit if the applicant, owner or wrecker company has: (I) a criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application. for a felony or a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500.00; (2) violated anvprovisions of Chapter 2308 of the Texas Occupations Code rules or regulations promulgated by the Texas De artment of Licensing and Re ulation an rovisions of the ci ordinance, or rules or regulations promulgated by the chief of police including an order for sanctions or administrative penalties; (3) knowingly submitted false or incomplete information on the application, or the applicant failed in any material way to comply with this article; or (4) the applicant or owner has had a permit revoked under this chapter. thiNotwithstanding any penal provisions contained in this Code, the chief of police shall be authorized to deny, revoke, suspend, or place on probation any auto wrecker or rotation list permit for a violation of the state law, city ordinance or any other rules or regulations governing the operation of an auto wrecker, if committed by an auto wrecker owner, his agents or employees. Such denialLsuspension1 er revocation, or probation shall be made in accordance with the following procedures: (I) Upon complaint by any person or the chief of police own motion against any owner, agent or employee of a wrecker company for violatingea of any provision of arty the city ordinance, the chief of police and Texas Department of Licensing and Regulation rules or regulations governing auto wrecker }sprite, or any state Jaw, the chief of police or his designee, after giving five (5) days' notice of the grounds of such complaint to the wrecker company = '. , shall hold a hearing After proper notice was giving and the owner fails to appear for the hearing, the chief of police or his designee may proceed with the hearing by taking testimony or evidence from any person or witnesses who were present. For a good cause and at the chief of police or his designee's sole discretion, a hearing may be rescheduled o ne time at the owner's request provided that the chief of police or his designee receive the written reschedule request at least two (2) working days before said hearing. At the conclusion of said hearing, the chief of police or his designee may issue: a. a warning to the owners; b. deny the permit; er-eley permanently revoke or suspend the permit or may d._put the permit on probation. Previous warnings, probations or suspensions within the preceding two (2) years may be considered by the chief of police or his designee in making the decision. (2) If the chief of police or his designee suspends the permit, aid the suspension shall not be FEW ft-pepieE1-4-not more than sixty (60) days. If the chief of police places a permit on probation, the peried -of probation shall not be for not more than six (6) months, The chiefs action shall be final. (3) If the chief of police or his designee revokes a permit permanently, er— suspends, place a permit on probation, or deny a permit, he shall notify the owner in writing The notice shall be deemed sufficient if pasted deposited in the United States mail addressed to -372- 13 the owner's business address as contained in the original or renewal application for a permit et-the or by electronic mail or facsimile. The owner shall have the right to appeal the chief of police's decision to revoke a permit or deny a permit application. within ten (10) days from the date of the notice of revocation or denial. by sending a letter addressed to the city manager stating that an appeal from the - ruling€ -the chief of police's decision is desired. If an appeal is perfected, as—hetein—ptevided7 the ruling of the chief of police's decision shall be suspended* pending a hearing by the city manager or his designee. The city manager or his designee shall promptly, anti -within thirty (30) days, hear such appeal and shall either sustain, modify, or revoke the g-ef the chief of police's decision. If no appeal is taken free the ruling , or if it is untimely filed. or if the city manager or his designee does not hear the appeal within thirty (30) days from receiving the notice of appeal, the—reling-of the chief of police's decision shall be final and the permit is denied, revoked or suspended. When a permit revocation is upheld, the owner shall remove, within five (5) working days., the city permit number from the sides of all wreckers previously permitted and the annual permit decal from the windshields. Sec. 57 -234. Same -- Waiting period after revocation. No person, firm, partnership or corporation whose auto wrecker or rotation list permit has been revoked shall be eligible to apply for a new permit for a period of at least one (1) year from the date of revocation. Sec. 57 -235. Promulgation of regulations. The chief of police is authorized to issue rules and regulations relating to a--ewner''s the operation of wed auto wreckers consistent with the provisions of this article and designed to effectuate the general purpose of this article. Violation of any provisions of the chief of police rules and regulations may result in suspension or revocation of the auto wrecker permit and/or denial or removal from rotation list. The appeal process described in Sec. 57 -233 will apply to alleged violations of any such provisions. Sec. 57 -236. Maintenance of place of business and equipment. No owner may operate a permitted auto wrecker business and storage facility, unless he maintains his place of business, his storage facility, and all of his equipment in a manner that continuously complies with the provision of this article and the zoning, fire prevention, and other ci ordinances of the city. Sec. 57 -237. One company per business location. Only one (1) permitted auto wrecker business and storage facility may operate by at any one (1) business address and/or location, regardless of whether the same person, partnership, or corporation owns more than one (1) permitted auto wrecker business. If two (2) or more auto wrecker businesses were in operation at the same business address and/or location prior to March 8, 1988 they are exempted from this section. However, any owner whose auto wrecker or rotation list permit is suspended or revoked by the chief of police, or who voluntarily removes himself from the wrecker rotation list, or who fails to renew his permit shall lose the exemption and may not resume auto wrecker operations at the same business address and/or location as another permitted auto wrecker business. Each owner may only operate auto wreckers which are permitted to him in response to any call for service from the police department. Sec. 57 -238. Twenty - four -hour service. gash eOwner and wrecker company who holding a rotation list permit shall maintain sufficient personnel and auto wreckers to provide twenty -four -hour a day auto wrecker service . Each owner and wrecker company shall have at least one (1) telephone number which is answered twenty- four -hours a day, seven-(7)-days-a-week -373- 14 Sec. 57 -239. Vehicle storage facility; attendant at business address and storage area. An auto wrecker rotation list permit shall be issued only to an owner who has a properly zoned vehicle storage facility at its business address which meets the following requirements: (a) The storage area shall be completely enclosed with a wire or wooden fence at least six (6) feet in height or as required by the zoning ordinance, whichever requirements are greater, including a gate which is locked at all times when the owner, OF an agent or employee is not at the storage area. The fence shall be continuously maintained in good condition. (b) The storage area shall have an all- weather surface macadam, limestone, iron ore, gravel, caliche, or shell that enables the safe and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow, at all times, regardless of prevailing weather conditions. The surface shall also be free of overgrown vegetation. (c) The storage area shall have a sign at the entrance which is clearly readable from the street setting out the name of the auto wrecker business, the street address, correct telephone number, and the hours vehicles will be released to vehicle owners. such as concrete, asphalt, black -top, stone, (d) The storage area shall have a sign setting out the per diem charge for storage and all other fees which may be charged by the owner. This sign shall be clearly visible to a vehicle owner prior to the payment of any fees. (e) Owner shall maintain adequate illumination levels throughout the vehicle storage facility which shall not be less than - 250 -watt element for each 1/4 acre of storage area. (f) Owner, his employee, or agent shall be at the auto wrecker business address and shall have access to the vehicle storage facility, and all vehicles stored there, during normal business hours. A person who works at the vehicle storage facility must be licensed by the Texas Department of Licensing and Regulation and must produce the license upon request of the chief of police. The vehicle storage facility attendant must have the authority to release vehicles. (g) Owner shall have a publicly listed phone which is answered at the business address twenty-few-94) during normal business hours using the name permitted to owner. Use of an answering service which places the police dispatcher on hold, er-an answering machine or voice mail; is prohibited. (h) The police, dispatcher shall not be placed on hold to answer other incoming calls. Placing the police dispatcher on hold prior to obtaining all pertinent information may subject an the owner to being moved to the bottom of the rotation list at the chief ofpolice-shief-s discretion. (i) _, : •- . ' • - : : _ - ..- : - :: - '.• : . ::. .. : . - . . : - .. .. :: .hat- eOwner must provide at least five (5) days written notice to the chief of police chief at loant vo (5) days after before the business address or phone number is changed. Sec. 57 -240. Inspection of vehicle storage facility. Prior to the issuance of an auto wrecker rotation Iist permit, the chief of police or his designee shall inspect the vehicle storage area to determine that it meets the provisions of section 57 -239 and that it is reasonably secured to protect stored vehicles against theft and vandalism. The inspector shall also check with the department of planning to ascertain whether the storage area is located in a zoning district which allows auto wrecker businesses and vehicle storage facilities. Any auto wrecker company which holds a permit issued under this chapter shall permit inspection of its vehicle storage facility at any time deemed necessary by the chief of police. Failure to hermit -374- 15 inspection within eight (8) hours of a request by the chief of police or his designee shall be deemed rounds for revocation ofpermit. Sec. 57 -241. Prerequisite to towing impounded or disabled vehicles. (a) No auto wrecker shall winch, right, or tow any vehicle which exceeds the auto wrecker's weight limitations, except in case of an emergency as determined by a certified peace officer at the scene. (b) Rotation list or incident management tow. Impounded vehicles towed by police- initiation off the rotation list shall be taken to the city impound lot. Disabled vehicles shall be taken to the wrecker's vehicle storage facility. The auto wrecker dispatched for a rotation list or incident management tow shall be the next scheduled rotation wrecker, unless the owner or driver of the vehicle to be towed requests the on -scene police officer to send another permitted auto wrecker prior to the time the next scheduled rotation wrecker is dispatched to the scene. (c) Consent tow. The auto wrecker dispatched for a consent tow shall be the next scheduled rotation wrecker unless the vehicle owner or driver: (1) Personally calls an auto wrecker of his/her preference; or wrecker belonging to the owner may be called by the owner for a consent tow. (d) No vehicle shall be towed by an auto wrecker which does not display a Texas tow truck plate, a Texas license plate, and a City of Corpus Christi wrecker permit decal. (e) In a situation where safety or time dictates otherwise, the peace officer on the scene may direct actions inconsistent with these requirements. Sec. 57 -242. Transfer of disabled vehicles by wrecker not under permit. No disabled vehicle shall be moved by any auto wrecker not covered by a required permitted unless the owner or driver of said disabled vehicle personally calls an auto wrecker of his own preference prior to the time that the next scheduled rotation wrecker has been dispatched to the scene. Sec. 57 -243. Dispatching in rotation. (a) The chief of police ehiel -shall establish an equitable rotation list system comprise of the evmers all auto wrecker companies holding auto wrecker rotation list permits, where each owner wrecker company is dispatched in rotation to a police - initiated or incident management tow. No police officer or dispatcher shall cause any auto wrecker to go to the scene of a disabled or impounded vehicle other than the next scheduled rotation wrecker unless: (1) The closest wrecker is sent because: a. An extreme emergency situation exists where a human life is at stake; or b. An accident has blocked a traffic lane on the Harbor Bridge, Nueces Bay Causeway, JFK Bridge or causeway, Interstate Highway 37, State Highway 77, State Highway 286, State Highway 358, State Highway 44/358 interchange, or the respective highway access road intersections where traffic congestion is causing traffic to backup on those highways; or -375- 16 (2) The owner or driver of a disabled or impounded vehicle wants to use another auto wrecker than the next scheduled rotation wrecker and requests that company prior to the next scheduled rotation wrecker being dispatched to the scene. (b) If the owner or driver of a disabled vehicle wants to use an auto wrecker company not on the rotation list, the owner or driver must contact that company directly but not through the police officer or dispatcher. (c) No police officer shall suggest or recommend that the owner or driver of a disabled vehicle call any auto wrecker company other than the next scheduled rotation wrecker. (d) However, in a situation where safety or time indicates otherwise, the peace officer on the scene may direct actions inconsistent with these requirements. Sec. 57 -244. Soliciting wrecker business on city streets prohibited; presence at scene of collision as prima facie evidence of violation. this section.(a) A person commits an offense if: (1) the person arrives at the scene of a traffic accident or an incident to perform a nonconsent or incident management tow of a motor vehicle without first being contacted by the police department or vehicle owner; (2) the person directly or indirectly solicits. on streets located in the city, towing services, includin towin removin re airin wreckin storm tradin seIIin or purchasing related to a vehicle that has been damaged in an accident to the extent that it cannot be normally and safely driven; or (3) the person enters the scene of a traffic accident, an incident, or other area under the control of a peace officer without the permission of the peace officer. The resence of an auto wrecker that was not dis etched b the olice de artment or re uested by the vehicle owner at or near the scene of an accident in the city after the accident or prior to the removal of all disabled vehicles shall be prima facie evidence of solicitation in violation of this section. Sec. 57 -245. Responding to calls. (a) Each owner or wrecker company on the rotation list shall have sufficient personnel. equipment, and auto wreckers to respond to all tow assignments given by the police dispatcher. O e- ssarie rResponse time shall - ie-pfeuipt-and shall not exceed thirty (30) minutes after the police dispatcher's notification of the assignment. (b) The owner, his agent or employee shall not refuse an assignment except for safety reasons or if all owner's auto wreckers are already performing other police tow work. If the owner, his agent or employee refuses an assignment, he must notify the police dispatcher of the reason. Documentation may be required if the reason is auto wrecker equipment failure or prior tow work. (c) If an owner or wrecker company -376- fails to respond or refuses an assignment, 17 the police chief at his diocretion may revoke or suspend or place on-prebation -an the wrecker company or owner's auto wrecker rotation list permit. (d) A revocation or suspension may be appealed in the manner set out in section 57 -233. Sec. 57 -246. Removal of wreckage and debris, etc., at the scene of an accident. The owner shall completely remove from an accident scene all resulting wreckage and debris, including all broken glass and metal fragments, before leaving the scene. This debris shall be properly disposed of, and shall be removed to the extent that the debris will not enter the gutters, storm sewers, streams, and public rights -of -way. Property not belonging to the auto wrecker company shall be collected and removed from the scene but shall not be disposed of without the property owner's prior consent. See. 57 -247. Notice of location of storage facility. (a) If the vehicle owner or driver of a disabled vehicle is at the scene and capable of receiving information, Owner wrecker company shall notify the vehicle owner or driver of the disabled vehicled l givinge him or her a fee schedule and a card which notifies him or her that the disabled vehicle will be towed to owner's vehicle storage facility unless the vehicle's owner or operator requests that the vehicle be towed elsewhere. (b) The card shall contain the business's name, address, phone number, hours during which the vehicle can be reclaimed, and a statement that there will be charges for all services provided: (c) Failure to provide the card and fee schedule may result in revocation or suspension or probation of owner's auto wrecker or rotation list permit, which may be appealed as set out in section 57 -233. Sec. 57 -248. Auto wrecker drivers. (a) An auto wrecker driver must hold a driver's license and at least ei _teen 1 W years of ages and be trained, in accordance to the Texas Department of Licensing and Regulation, in the use and operation of any specialized equipment to be used manner of in towing disabled and impounded vehicles for the police department. (b) An auto wrecker driver must be familiar with the city road system in order to be able to respond promptly respond to the scene and any request for service. (c) The chief of police may request documentation of training or demonstration of a potential driver's ability to tow a disabled or impounded vehicle and/or test his/her knowledge of the city roadway system prior to approving a driver. Driver is required to complete continuing education courses approved by the Texas Department of Licensing and Regulation. (d) Only approved auto wreckers drivers may perform towing operations and operate permitted auto wreckers. An invoice with an unapproved auto wrecker driver police -will not be paid by the police department. (e) Owner and wrecker company shall require drug and alcohol tests of drivers who will be new to the rotation wrecker Iist and must submit drug and alcohol test results to shy the chief of police (test results must be from a test taken within 90 days from the date of expected employment) and the following information at least three five (3-) working days before the expected employment of an auto wrecker driver: W driver's full name, including any aliases; date of birth; -377- 18 social security number; {) copy of current Texas and all other states driver's licenses issued to the driver within five (5) years prior to the submission of the application; (5) current address and each address where driver has resided in the ten (10) years prior to the application: (6) whether driver has been arrested for any criminal offense in this state or any other state or country, the date of the arrest or confinement. and the place, court and case number:, (7) evidence that the applicant has passed a drug screening test administered within fifteen (15) days preceding the date of the application., (8) driver must submit himself or herself at such times and places designated by the police chief or his designee to be photographed and fingerprinted; (9) complete any fortes required by the chief of police or his designee to obtain or perform criminal history or background check; and (10) such other information as the chief ofpolice or his designee finds relevant. The chief of police shall conduct a criminal history or background check on all auto wrecker drivers and send a written approvale or denialy. within ten (10) working days, to the owner or wrecker company indicating whether the driver is eligible to operate an auto wrecker denial. The chief of police shall investigate or cause to be investigated the character, experience, and qualifications of the driver's in order to determine the driver's fitness to operate an auto wrecker consistent with the ublic safe and welfare and shall consider whether a rovin the driver would constitute an unreasonable risk to the public safety and welfare. The chief of police shall consider whether the driver has been guilty of a criminal act directly related to the occupation of auto wrecker. In determining whether the criminal act directly relates to said occupation, the chief of police shall consider: a. The nature and seriousness of the crime; b. The relationship of the crime to the operating an auto wrecker, for example, the following are deemed to have such a relationship because of the danger to the public and their property and potential for criminal activities enhanced by the large number of public contacts: i. Theft and other crimes of dishonesty, ii. Assaultive and harassment crimes, iii. Solicitation of prostitution, iv. Sexual abuse crimes, v. Crimes of alcohol or drug abuse, or vi. Traffic offenses; c. The extent to which the approval might offer an opportunity to engage in further criminal activity of the same type: d. The extent and nature of the past criminal activity. -378- 19 e. The age of the driver when the crime was committed, f. The amount of time elapsed since the driver's last criminal activity; g. The conduct and work activity of the person prior to and following the criminal activity h. Evidence of rehabilitation efforts; i. Other evidence of personal fitness submitted by the driver such as recommendations from prosecution, law enforcement, correctional officers. (f) Owner or wrecker company shall supply submit the above required driver's information on all approved drivers to the chief of police chief semiannually on June I and December I. Owner shall notify the chief of police chief within five (5) working days after termination of any driver. (g) No auto wrecker may be operated by any driver who has received three (3) moving violation or traffic citations within the preceding twelve-month period, unless all three (3) rations violations arose out of one (I) accident incident. Unless directed otherwise by a police officer, auto wrecker driver shall adhere to all traffic regulations. (h) Owner shall require each driver to submit to an alcohol and drug testing in accordance to Chapter 2308 of the Occupations Code and Chapter 86 of the Texas Department of Licensing and Regulation Administrative Rules and shall submit the results to the chief ofpolice within five (5) working days. Drivers are required to sign a consent form authorizing the test and permitting release of test results to the Corpus Christi Police Department. The failure or refusal by a driver or applicant to cooperate fully by signing necessary consent forms or other required documents or the failure or refusal to submit to any test or any procedure under this chapter in a timely manner will be grounds for denial, revocation or suspension of permit. The submission by a driver or applicant of a urine sample that is not his/her own or is a diluted specimen shall be grounds for denial, revocation or suspension of permit. (1) Owner shall inform the chief of police in writing of any towing operator convicted (including pleas of guilty and nolo contendere) of any offenses listed in this section within five (5) working days of the conviction. (1) Owner shall notify the chief of police, within fifteen (15) days, in writing of any changes to driver's home address. Sec. 57 -299. Reassembly of parts. Whenever it is necessary to disassemble parts to a vehicle in order to tow said vehicle, the owner or wrecker company shall reassemble such parts upon reaching his storage facility if requested by the vehicle owner or if the vehicle is to be reclaimed by the vehicle owner. Sec. 57 -250. Storing wreckers on public streets or rights -of -way prohibited. No owner shall store any disabled vehicle or auto wrecker on the public streets or rights -of -way. Sec. 57 -251. Dispatching of category A and category B wreckers. When the police dispatcher assigns a rotation wrecker to the scene of a disabled or impounded vehicle, the assignment will include how many and what category of auto wrecker shall be sent to the scene. The owner, his agent or employee will advise the police dispatcher how many of its permitted auto wreckers are available at the time of the call. -379- 20 Owner shall not refer an assignment to another auto wrecker company, even if the owner owns the other company. Any such referral may result in revocation or suspension of owner's auto wrecker permit, which may be appealed as set out in section 57 -233, at the chief of police chief: discretion. If an auto wrecker is not at owner's business Iocation, or if an auto wrecker has been assigned to the scene of a disabled or impounded vehicle and not already on its way back to owner's business address at the time of the police dispatcher's call, an auto wrecker is not available for being assigned a new scene. Neither owner nor his agents or employees shall drive a disabled or impounded vehicle which they have been assigned to tow. Sec. 57 -252. Officer at the scene. A police officer shall stay at the scene of an accident until the scene is completely cleared whenever practical. Sec. 57 -253. Emergency dispatches. No auto wrecker shall be dispatched on an emergency run under " Signal 17 `ernergene• l+ without a police escort. Sec. 57 -254. Maximum auto wrecker service and storage fees. The following towing fees shall be paid by the person reclaiming the towed vehicle: (a) Police - initiated nonconsent rotation list or incident management tow fees will be paid to the city at the city vehicle impound lot. (b) All other fees will be paid to the auto wrecker company according to that company's policy. (c) If a vehicle owner or operator pays a drop fee and the police officer at the scene authorizes requests the release of a vehicle after an auto wrecker has arrived at the scene and started physically attaching the vehicle to the auto wrecker; and but before the vehicle has been towed from the location, then the auto wrecker owner or driver shall release the vehicle . (d) Maximum towing, storage and administrative fees. 1. All permitted wreckers other than rotation list category B wreckers: a. Normal rotation list non - consent tow (includes double hook up and towing of truck and trailer as one unit) ... $ 9400- 110.00 b. Private property impound ... 85.00 c. Drop fee ... 50.00 d. Tire change rather than use dollies: i. One tire ... 15.00 ii. Two tires ... 20.00 Required use of dollies, go jacks or skates ... 30.00 21 e. Additional labor such as winching for removal from a ditch or water, righting an overturned vehicle or for similar unusual circumstances (all inclusive) ... 30.00 f. Total maximum towing fee including the use of dollies and additional labor, but excluding additional time at the scene and unusual distance Rotation list tow ... -135:00170.00 Private property impound tow ... 145.00 g. Additional fee for each half -hour or portion thereof at the scene in excess of one -half hour not caused by delay on the part of the permit holder, per 30 minutes ... 15.00 h. Unusual distance charge: i. Additional fee for a tow originating from the area within city limits west of Callicoate Road to US 77 ... 5.00 ii. Additional fee for a tow originating from US 77/11137 and from the area within city limits west of US 77/IH 37 ... 15.00 iii. Additional fee for a tow originating from the area within city limits east of the JFK Causeway to Fish Pass ... 5.00 iv. Additional fee for a tow originating from the area within city limits north of Fish Pass to Port Aransas city limits ... 15.00 i. Cleanup only, no tow required ... 35.00 2. Category B auto wreckers: a. NeFfaa:1-nNonconsent tow (includes double hookup and towing of tractor and trailer as one unit, removal of shaft or axle, application of air to brake system, and additional labor such as winchina for removal from a ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances and cleanup) ... 200.00 400.00 (up to three (3) hours) b. Additional fee Lexceeding the maximum three (3) hours allowed in Sec. 57- 254(d)(2)(a)) (includes hoer -such as double hookup and towing of tractor and trailer as one unit, removal of shaft or axle, application of air to brake system, and additional labor such as cleanup. winching for removal from ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances (°' ye) per 4- 30 minutes -... 20.00 75.00 c. Private property impound (include double hookup and towing of tractor and trailer as one unit, removal of shaft or axle, application of air to brake system, and additional labor such as cleanup, winching for removal from ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances per - hour... 50.00 400.00 -381- (e) 22 d. Working time, Additional costs (specialized equipment such as crane, backhoe, fork lift) per -hour ...- 20actual cost (within industry standard) for leasing or renting equipment plus a maximum of 25% up charge. 3. Daily storage fees: Storage for all or part of the first 24 hours, and for each subsequent 24 -hour period or part thereof: a. Recovered stolen vehicles ... 5.00 b. Vehicles not longer than 25 feet ... l-S-OA 20.00 c. Vehicles longer than 25 feet ... 30.00 35.00 4. Impoundment fee for any action that is taken by or at the direction of the owner or operator of the facility and is necessary to preserve, protect, or service a vehicle stored or parked at the facility ... 20.00 5. Notification fees for: Vehicle registration research, certified letters, newspaper advertisements and preparation necessary to inform the last registered owner and lien holder(s). Can be charged only if actually performed ... 50.00 Multiple vehicles. 1. When a vehicle and trailer are both towed by one auto wrecker, only one (1) towing fee shall be paid to the owner. If the vehicle and trailer are too large or too heavily loaded to be safely towed by a single wrecker, another wrecker may be used and an additional fee charged. 2. When more than one (1) vehicle is transported by one (1) auto wrecker, e.g., motorcycles or parts of vehicles, only one (1) towing fee shall be paid to owner. (f) Invoices. 1. Each customer invoice shall include the owner's company name, business address and phone number, permit number, name of the auto wrecker who performed the specific assignment being invoiced, date and time of assignment, date and time assignment completed (Le., delivery of the vehicle), hours when vehicles can be reclaimed, and an itemized statement of charges. A fee schedule listing the maximum towing, storage, etc. fees shall be attached to each - consent tow invoice. 2. The city shall provide each owner with the basic fee schedule copies to attach to the consent tow customer invoices. Failure to attach the fee schedule shall be grounds for revocation or suspension of owner's permit, unless the vehicle owner or agent consents to the omission. 3. Only service provided by an auto wrecker permitted under an auto wrecker or rotation list permit number shall be invoked ' employee to that permit; service provided under any other permit number other than the permit number under which it is billed is in violation of this ordinance and shall be grounds for revocation of the permit. 4. Each o wner shall invoice the police department for nonconsent (impound) or incident management tows, which shall include an itemized statement of charges and an explanation of all charges above the normal towing only fee. -382- 23 5. The chief of police will review each invoice and either approve,. 0E-reject or modify charges for services rendered. ig) An auto wrecker company and owner shall charge no fees for servicing a police initiated nonconsent or incident management tow in excess of the fees authorized under city ordinance for vehicles towed. Further. the auto wrecker owner shall not obligate the vehicle owner in a nonconsent or incident management tow to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. The chief of police may require the auto wrecker owner or wrecker company to reimburse the vehicle owner or operator for any overcharges or unauthorized charges. Any overcharges or unauthorized charges shall be reimbursed to vehicle owner within five (5) business days and the chief of police may suspend the auto wrecker company permit if its fails to comply. Sec. 57 -255. Notification to permit holders of pending changes to permit regulations. Holders of permits under Article V of this chapter of the City Code shall be notified by the City of Corpus Christi of any pending changes in Article V. Sec. 57 -256. Cease and desist order. The chief of police may issue a cease and desist order as necessary to enforce this article if the chief of police determines the action is necessary to prevent a violation of this article and to protect public health and safety. Sec. 57 -257. Logs required to be kept for tow. Each wrecker service company on the rotation list shall keep a record of each vehicle towed for the rotation list, the make model, color, license number of said vehicle, the name of the person requesting the pull. the location where the vehicle was picked up, and the location where deposited. This log of rotation tows will be open to the police department inspection at any time. It shall be unlawful for a wrecker company or owner to fail or refuse to produce this Iog to the police department for inspection. Sec. 57 -258. Towing fee study. (a) In this section. a "towing fee study" is a study to determine the fair market value of a non - consent tow originating in the City, considering financial information provided to the City by the wrecker company requesting the study. (b) A wrecker company may request that the City conduct a towing fee study by filing a written request with the city manager by certified mail, return receipt requested, or by hand delivery. (c) Within 90 days after the filing of an initial request, additional wrecker companies may join the request by filing written requests in accordance with Subsection (b). (d) The City shall conduct a towing fee study if the initial reauestor and the additional requestors, if any: (1) accounted for not less tows erormed in the Ci durin the preceding twelve month period, as determined by the city manager; and (2) deposit with the city manager a fee of $5,000. (e) If the towing fee study is not conducted the City shall refund the fee, less an administrative fee of $500. (0 Each wrecker company requesting the towing fee study shall cooperate with the City to conduct the study and such wrecker company shall provide to the City information determined by the city manager to be reasonably necessary to determine the fair market value of towing services regulated under this article. -383- 24 (g) The City shall complete a towing fee study not later than the 180th day after receiving all information required under Subsection (fl. (h) The city manager shall present to the city council the results of the towing fee study. The city manager shall give each wrecker company that owns or leases auto wrecker registered with the City_written notice of the time date and Location of the ci council meetin at which the stud is to be considered. The notice must be sent by United States regular mail to the wrecker company's address listed in the latest registration application on file with the chief of police. (i) Based on the results of the towing fee study. the city council may change the non- consent towing fees. The maximum fees must represent the fair market value of the services of a wrecker company performing non - consent tows originating in the City. (i The City is not required to conduct more than one towin fee study within a two -year time period . measured from the date the city council most recently considered a towing fee study." 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 all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance. SECTION 5. This Ordinance takes effect March 1, 2011. -384- That the foregoing ordinance was read for the first time and passed to its second reading on this the , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick Linda Strong Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler That the foregoing ordinance was read for the second time and passed finally on this the day of 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick Linda Strong Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: February 1, 2011 • Alison J. Logan Assistant City Attorney For City Attorney -385- 25 day of 23 CITY COUNCIL AGENDA MEMORANDUM DATE: February 8, 2011 AGENDA ITEM: A. Privatization & Reorganization Initiatives - Presentation B. Ordinance appropriating $59,699 from the Maintenance Services Unreserved Fund Balance No. 5110 for consultant services to provide a business case analysis of the Fleet Maintenance Division of the General Services Department, changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing expenditures by $59,699, and declaring an emergency. C. Motion authorizing the City Manager or his designee to execute a service agreement with Mercury Associates, Inc., of Gaithersburg, MD, for an amount not to exceed $59,699, to provide a business case analysis of the Fleet Maintenance Division of the General Services Department. Funding is available in the Fleet Maintenance Operations Budget for fiscal year 201012011. D. Motion authorizing the City Manager or his designee to execute a service agreement with Plante & Moran, PLLC, of Southfield, MI, for an amount not to exceed $145,000, to provide a business case analysis of the Municipal Information Services Department. Funding is available in the Municipal Information Services Operations Budget for fiscal year 2010/2011. ISSUE: The presentation provides an update on the city's current economic challenges, preliminary budget preparations, evaluation of privatization of services, and rethinking how to create a competitive and sustainable City. Goals and approach to adopting a "Managed Competition Process & Culture" will be discussed including evaluation of privatization /consolidation opportunities, what other cities are doing, application of "10 Principles of Privatization, and status on request for proposal (RFP) for a business case evaluation for potential privatization of MIS, Facility Maintenance, Fleet, and Citywide Mowing & Grounds Maintenance. Finally, staff will conclude the presentation with a discussion on "Next Steps ". Following the presentation, staff will discuss action required to award contracts with Mercury Associates and Plante & Moran for a business case evaluation for potential privatization of Fleet Services and Municipal Information Services (MIS), respectfully. REQUIRED COUNCIL ACTION: Approval of the ordinance and motions. Oscar R. Martinez Assistant City Manager OscarM@ cctexas. co m 361 - 826 -3897 -389- BACKGROUND INFORMATION During the budget presentation last year, City Council indicated an interest in seeking alternatives to providing services currently provided by municipal government through privatization and outsourcing. The City identified four City functions or services as potential candidates for a privatization effort: Facility Maintenance, Comprehensive Ground Maintenance, Fleet Maintenance and Municipal Information Services. In order to assist staff in determining whether these City functions would make a good business case for privatization, the City identified the following five major tasks that should be performed in order to determine whether the City function will make a good privatization initiative as delineated in attached Exhibit A - Business Case Analysis — Overview. 1) Strategic Fit 2) Options Appraisal 3) Commercial Aspects 4) Affordability 5) Achievability In relation to the above, the firms will perform analysis which encompasses a review of the City function including: research and analysis of assigned city functions in relation to the • strategic objectives of the overall function of the City; an economic analysis of the cost, benefit and risk of privatizing the City function; determination if a commercial source is readily available to assume the City function; identification of possible funding sources including the departmental budget and or other programs affected by the City function and an estimate of the timeline that would be required for full implementation of privatizing such services. The consultant will deliver a final report of each assigned City function analyzed. Included in the report will be the supporting data and description of the methodology used in the analysis and a recommendation whether to privatize the City function; along with the reasons for making that determination. Although the City determined the above tasks are one method of identifying whether a City function would make a good privatization initiative, the City is not bound to this business case model and are open to other models that the consultant may prefer to use to accomplish the services. Layered Approach for Proposal Selection Two separate committees reviewed and evaluated the proposab based on the following criteria: 1) Experience of the firm in performing similar types of analysis 2) Specific examples of government functions that have been privatized at the recommendation of the consultant 3) Cost of the proposal The initial working committee was appointed by the Assistant City Managers over the respective functions and was comprised of representatives from Human Resources, Purchasing, Water, Parks & Recreation, and the assistant city manager's office. The working committee then provided a recommendation to the Assistant City Managers who then sought the input of the appropriate Department Heads. All parties concurred with the recommendations: 1) Mercury for Fleet and 2.) Plante & Moran for MIS, Selection of Mercury Associates for Fleet Services Mercury Associates was selected to perform the business case evaluation for potential privatization of Fleet Services. Mercury Associates is uniquely qualified to assist the City as it is the largest dedicated fleet management consulting firm in North America having over 500 clients with fleets as few as 50 to 50,000 vehicles and pieces of equipment. Clients include the federal government; many states, including Texas, California, Oregon, Washington, etc.; counties across the nation (such as Harris County); and cities such as Fort Worth, San Antonio, Houston, Reno, Portland, Seattle, Boise, Austin, Charlotte, Orlando and Vancouver. Mercury Associates also provides fleet consulting services in the private sector, municipal utilities, transit districts, and universities. Mercury Associates most recently performed the competitive assessment for the City of Fort Worth Fleet Services for potential privatization. Due to the complexity, risk, and significant impact Fleet Services have on other core city related services such as Police, Solid Waste, and utility departments, a firm with the breadth and depth of fleet knowledge is incumbent on providing the best, most objective solution for the city. Mercury Associates provides the critical expertise needed to fully evaluate the City's Fleet Services at the best value. Mercury's proposal was more fully developed with full resources to perform the analysis lending itself to a much more detailed and comprehensive assessment than those provided by other proposers. Their significant involvement in the assessments of other Fleets will allow them to benchmark our Fleet against the best in the private and public sectors including the identification of competitive gaps. The cost above includes travel and expenses and provides for approximately 312 hours of staff time to complete the project. Selection of Plante & Moran for Municipal Information Systems (MIS) Plante & Moran was selected to perform the business case evaluation for potential privatization of Municipal Information Services (also referred to as Information Technology or IT). Plante & Moran is uniquely qualified to assist the City as it is one of the largest consulting and accounting firms nationally, with extensive experience in serving the public sector, with -391 - special expertise in Information Technology. Plante & Moran has recent and significant experience in performing IT sourcing related projects in many cities including the City of Carrollton. Significant expertise with municipal IT operations and IT assessments has been conducted in Round Rock, TX; Mesa, AZ; Des Moines, IA; Flagstaff, AZ; etc. Due to the complexity, risk, and significant impact IT services have on other core city related services, Plante & Moran provides the critical expertise needed to fully evaluate the City's IT services at the best value for the City. Their proposal is more fully developed describing their methodology, including data gathering and analysis -- lending itself to a much more detailed and comprehensive assessment than those provided by other proposers. They will provide extensive cost data for services currently provided by MIS; this data may influence a change in allocation methodology. Finally, Plante & Moran's work with other cities will allow them to benchmark the City's IT Services against others in the private and public sectors. The cost above includes travel and expenses and provides for approximately 700 hours of staff time to complete the project. The additional hours are reasonable when considering the broad spectrum of services provided by the Municipal Information Services Department. Facility Maintenance & Comprehensive Grounds Maintenance For Facility Maintenance, no proposal provided a significant response to the City's RFP and since a considerable amount of internal analysis has been performed on Facility Maintenance, the committee determined that the expense for developing a business case analysis was not warranted. Instead, a managed competitive approach to providing services should be pursued. This could vary from providing services on an as needed basis with an outsourced labor pool to developing a Request for Proposal for outsourcing of Facility Maintenance. In either case, current internal staff will be subject to the Reduction in Force policy. For Comprehensive Grounds Maintenance, similar responses were received. Further evaluation has revealed that multiple departments currently outsource a great portion of this type of work. The committee agreed that an internal team could evaluate and provide suggestions on achieving greater economies of scale across multiple departments. Exhibit A Business Case Analysis - Overview 1. Strategic fit: the strategic case This aspect of the business case explains how the scope of the proposed project fits within the existing business and IT /estate strategies (where relevant) of the organization; and the compelling case for change, in terms of the existing and future operational needs of the organization. Minimum content needed for this section: description of the business need and its contribution to the organization's business strategy, objectives, why it is needed now, key benefits to be realized, key risks, critical success factors and how they will be measured; main stakeholders. Questions you must address: • How well does the proposed way of meeting the requirement support the organization's objectives and current priorities? • If it is a poor fit, can the scope be changed? • Is the project needed at all? • Have the stakeholders made a commitment to the project? 2. Options appraisal: the economic case This aspect of the business case, in accordance with HM Treasury's Green Book, documents the wide range of options that have been considered within the broad scope identified in response to the organization's existing and future business needs. It aims to arrive at the optimum balance of cost, benefit and risk. Minimum content needed for this section: high level cost/benefit analysis of (ideally) at least three options for meeting the business need (where applicable); include analysis of 'soft' benefits that cannot be quantified in financial terms; identify preferred option and any trade- offs. Note that options appraisal must be carried out in detail before selecting a preferred option. Questions you must address: • Has a wide range of options been explored? • Have innovative approaches been considered and/or collaboration with others? • If not, why not? • Has the optimum balance of cost, benefit and risk been identified? If not, what trade -offs need to be made e.g. foregoing some of the benefits in order to keep costs within budget; taking carefully considered risks to achieve more substantial benefits? 3. Commercial aspects: the financial case Where there is an external procurement, this section outlines the potential commercial arrangement. Most of this information will be produced for the Outline Business Case. Minimum content required for this section: proposed sourcing option, with rationale for its selection; key features of proposed commercial arrangements (e.g. contract terms, contract length, payment mechanisms and performance incentives); the procurement approach /strategy with supporting rationale. Questions you must address: • Can value for money be obtained from the proposed sources (e.g. partners, suppliers)? • If not, can the project be made attractive to a wider market? -393- 4. Affordability: the financial case Assessment of affordability and available funding. Links proposed expenditure to available budget and existing commitments. Minimum content for this section: statement of available funding and broad estimates of projected whole -life cost of project, including departmental costs (where applicable). Questions you must address: • Can the required budget be obtained to deliver the whole project? • If not, can the scope be reduced or delivered over a longer period? • Could funding be sought from other sources? 5. Achievability: the project management case This section addresses the 'achievability' aspects of the project. Its primary purpose is to set out the project organization and actions which will be undertaken to support the achievement of intended outcomes including procurement activity (where applicable) or detailed study with existing providers. Minimum content for this section: high level plan for achieving the desired outcome, with key milestones and major dependencies (e.g. interface with other projects); key roles, with named individual as the project's owner; outline contingency plans e.g. addressing failure to deliver service on time; major risks identified and outline plan for addressing them; provider's plans for the same, as applicable, skills and experience required. Questions you must address: • Can this project be achieved with the organization's current capability and capacity? • If not, how can the required capability be acquired? • Can the risks be managed — e.g. scale, complexity, uncertainty? • Does the scope or timescale need to change? Page 1 of 2 ORDINANCE APPROPRIATING $59,699 FROM THE MAINTENANCE SERVICES UNRESERVED FUND BALANCE NO. 5110 FOR CONSULTING SERVICES TO PROVIDE A BUSINESS CASE ANALYSIS OF THE FLEET MAINTENANCE DIVISION OF THE GENERAL SERVICES DEPARTMENT; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING EXPENDITURES BY $59,699; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $59,699 from the Maintenance Services Unreserved Fund Balance No. 5110 is appropriated for consulting services to provide a business case analysis of the Fleet Maintenance Division of the General Services Department. SECTION 2. That the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 is changed by increasing expenditures by $59,699. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of February, 2011. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: January 28, 2011 L. Brian Narvaez Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott Linda Strong CONTRACT Consultant Services Analysis on Privatization of City Fleet Services Service Agreement No. THIS Analysis on Privatization of City Fleet Services CONTRACT (this "Agreement ") is entered into by and between Mercury Associates, Inc (the "Contractor") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Analysis on Privatization of City Fleet Services in response to Request for Proposal No. BI- 0057 -11 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the best valued proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform Analysis on Privatization of City Fleet Services in accordance with Request for Proposal No. B1- 0057 -11. 2. Term. This Agreement is for approximately months commencing on and continuing through 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Assistant City Manager of Public Works or his designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. A02210.004.01' Rev. 9 -96 —397— 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Assistant City Manager of Public Works or his designee will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 315), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or the Contractor's proposal to Request for Proposal No. BI- 0057 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Assistant City Manager of Public Works or his designee. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. AG2210.004.ajr Rev. 9 -96 —398— 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0057 -11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor five (5) work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence in the workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Assistant City Manager of Public Works or his designee P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 826 -3230 e -mail : OscarM @cctexas.com AG2210.004.ajr Rev. 9 -96 —399— IF TO CONTRACTOR: Contractor Contact Address: City, State, Phone No.: E -Mail Mercury Associates, Inc Randall G. Owen 16051 Comprint Circle Gaithersburg, MD 704 -906 -8898 rowen @mercury- assoc.com 20877 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMJXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. AG2210.004.ajr —400— Rev. 9 -96 SIGNED this 25 day of January , 2011. Contractor Mercury Associates, Inc Rat, 0 r,45.,, Randall G. Owen Title: Senior Vice- President CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services APPROVED THIS Z. DAY OF A,a.0 e,i2.1 , 2011. CARLOS VALDEZ, CITY ATTORNEY By: ./--, Brian Narvaez Assistant City Attorney Exhibit A: Request for Proposal No. BI- 0057 -11 Exhibit B: Consultants response to Request for Proposal No. BI- 0057 -11 Exhibit C: Insurance Certificate AG2210.004.ajr Rev. 9 -96 —401— CONTRACT Consultant Services Analysis on Privatization of City Information Technology Services Service Agreement No. THIS Analysis on Privatization of City Information Technology Services CONTRACT (this "Agreement ") is entered into by and between Plante & Moran, PLLC (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Analysis on Privatization of City Information Technology Services in response to Request for Proposal No. BI- 0057 -11 which is incorporated and attached as Exhibit A; follows: WHEREAS the City has determined Contractor to be the best valued proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as 1. Services. Contractor will perform Analysis on Privatization of City Information Technology Services in accordance with Request for Proposal No. BI- 0057 -11. 2. Term. This Agreement is for approximately months commencing on and continuing through 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Assistant City Manager of Community Services or her designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. AG2210.004.ajr Rev. 9 -96 —402— 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Assistant City Manager of Community Services or her designee will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or the Contractor's proposal to Request for Proposal No. B1- 0057 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Assistant City Manager of Community Services or her designee. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. AG2210.004.ajr Rev. 946 —403— 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0057-11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor five (5) work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence in the workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Assistant City Manager of Community Services or her designee. P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 826 -3220 e -mail: MargieR @cctexas.com AG2210.004.ajr Rev. 9 -96 —404— IF TO CONTRACTOR: Contractor Plante & Moran, PLLC Contact Adam Rujan Address: 27400 Northwestern Highway, PO Box 307 City, State, Southfield, MI 48037 -0307 Fax No.: 248 -352 -2500 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of , 2011. AG2210.004.ajr Rev, 9 -96 —405— Contractor Plante & Moran, PLLC Adam Ru Title: Partner CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services APPROVED THIS 2- DAY OF kNVe, , 2011. CARLOS VALDEZ, CITY ATTORNEY By: Brian Narvae Assistant City Attorney Exhibit A: Request for Proposal No. BI- 0057 -11 Exhibit B: Consultants response to Request for Proposal No. BI- 0057 -11 Exhibit C: Insurance Certificate AG2210.004.ajr Rev. 9 -96 -406- nn() 11111 5, HI CD 0 CO ta) Z' � S i. em Q° 141 CD (1) Budget Principles for Fiscal Year 2071 ■ Reinvestment in General Fund services • Staff accountability to provide best service at most competitive price (insure that we have the best talent to meet our needs) 031 • City Council should encourage long term perspective ■ Staff will implement & manage services to achieve Council's long term perspective Economic Challenges Continue Ready for the Challenge ■ Already begun budget meetings with departments ■ Refreshing the Balanced Scorecard ■ Preparing departments for grant cuts ■ Evaluating privatization of services ■ Rethinking how we prepare budget Limited Resources ■ Two choices ? ■ Cut services or programs ■ Raise taxes ■ Or, transform culture to a competitive service business ■ reducing costs ■ adopting best practices ■ increasing employee productivity Rethinking How We Deliver Service Traditional Gov't Service Business Special interest-driven Customer focused Monopoly (closed) Competition (open) Morale (concerned about) Performance driven Status Quo Results-oriented Traditional service Community needs — not wants No complaints Customer value Compare to other cities Compare to Best-In-Class Expenditure focused Cost conscious, creative solutions 6 Managed Competition Process Our Goals • Provide services competitive in quality & price ("best value") • Adopt best practices • Stress continuous improvement • Focus on better, cheaper, faster & friendlier approach • Build successful employee -owners • Outsource, if necessary, to provide competitive services to customers • Communicate with public & staff 7 • • • • • Q �. (p 0 Cp -' FE 3 C 3 in > n cn CD ‘< st CD r„ 0 O0 o ) �- <cn o i . r-i- C) +:CD C � -0 3 =PI �- y \ • CD C cio CD cn a Cp CD . Co 0 cn o 3 i CD 3- 0 Di CD ao CD to -0 CD 3 i . CD CD CD Cr-r) Expectations of Competitiveness • Requires top management support • Encourage an external focus • Be proactive -- not reactive • Educate employees to shift from status quo to ownership • Management commitment to win; make the tough decisions • Increase employee communications & empower employees • Reorganize work teams - -drive accountability down to the front-line • Understand & learn from your competition • Continuously improve 9 Benefits of Becoming Competitive • Transforms the organizational culture • Empowers employees • Better value for customers • Reduces waste & inefficiencies • Increases the pace/sense of urgency • Improves internal coordination & cooperation • Improves customer service • Frees up resources for other priorities Why Managed Competition Works • Leadership is committed & involved • Community climate is open to change • Marketplace dynamics are relevant • Management is courageous & leaders of change • Employees are involved and communication is reinforced Downsides to Becoming a Competitive Service Business • Threatens the "inhibitors" • Takes time to change mind -sets • Requires a dedicated resource • Requires commitment & action • Can impact morale in short-term City of Carrollton's Competitive Service Culture 1. Pick 3 or 4 departments/services, annually 2. Do Competitive Assessments a) Identify gaps b) Benchmark against private sector 3. Department has up to year to get competitive a) Director tells City Manager how to close gap 4. Department is reassessed after year for accountability 13 City of Carrollton's Competitive Service Culture 5. If competitive, service level agreement written .between department & city manager 6. If not competitive, RFP is issued to privatize c.i), a) Department may or may not compete 7. If department wins, contract is written 8. Contract monitoring in place 0) 91 ..• CO N -mm‘ 1 0 9 x . w 0) 0 co w 0- . i O CD `C CD CD CD . CI) -- c+ < co CD `C CD 1-1.' O CD CD CD X 0 0,) ca, 0 ° c * CD D o a ❑ . 'CD 44, O" CI -0 = CD � ' n 73 H w= —. 3 Q c o a) 0 (D cQ CIS Eh 5 S (DR. E o mil• CDco � a) al � o 6 co %.< el 0 wcp g -a 0 --N 3 0 _ co V). ▪ CD. (1) 6 a 0 90 -5 o o n o O 84 '-1► * 3 0 o O -g 3 °al CD CD 8(590 c n CD = = ri-:I. 13 n} -0 O tt 6 = .. r-l- (1) . N •=1: co 0 0 f,, "1 * co= ..,..1..0) 51 cis) or (1) O O 90 = CO la) %, o = cg CD CD all oi) w O 2 CD 0 CI% O 0 Sli• - • 0▪ 1 = CD City of Carrollton's Managed Competition Scorecard Outsourced Subcontracted IT Operations (1998) In -sourced Retained Traffic Operations Solid Waste (2003) Parks Maintenance Golf Course Maintenance (2005) Water & Sewer Line Maintenance Utility Billing & Collections Facility Services Human Resources Fleet Maintenance & Parts 16 What We Are Doing • Evaluating privatization/consolidation opportunities • Met with federal government privatization consultant ■ Learning what is working in other cities. • Leonard Martin, City Manager of Carrollton, Texas • Mike Tanner, City of Portland, Texas • Working on numerous consolidation options within City (update to follow) 17 Benchmarking Our Services: City's SW Collection "Competitive" City Alice Corpus Christi1 Portland Rate $15.50 $16.91 $17.59 Other Fee +$2.50 Admin Fee Rockport: Allied $19.07 Kingsville $21.00 +$3.00 Admin Fee Nueces/Robstown: Absolute $24.33 Port Aransas "'Does not include +$3.42 MSWSS $27.42 What We Are Doing (continued) Applying 10 Principles of Privatization 1. Identify privatization opportunities 2. Prepare business case evaluation 3. Create a council on efficient government 4. Choose contractors: best value, not lowest price 5. Use performance-based contracting 6. Effective monitoring & oversight 7. Bundle services for better value 8. Prepare a real property inventory 9. Divest non-core assets 10. Make the case to the public 19 Update: Outsourcing, Consolidation, Privatization Service Status FTE's Savings Safety Coordinators Complete 1 Wtr, (2 GF) $148,361 Payroll Complete 9 $320,000 Clinic Complete ENO Golf Courses Complete 19 Solid Waste Recycling Complete 26 Tourist District TOTAL Complete 9ft, 4pt 64 ft, (2 GF), 4 pt $19,000 $487,361 20 Update: Outsourcing, Consolidation, Privatization (continued) Service Status of "In Process" Initiatives Street Maintenance r Construction contract for $1,840,000 awarded on 1/25/11 to Grace Paving & Construction UBO/CaII Center Reviewed, revised, & standardized procedures; CaII Center will: • stream line & off-load calls; • take accounts up to $1,000 (previously $500) • monitoring & adjustments will be made accordingly Inspection & Permitting Longer term project: ; Development Services taking lead: • Identified 30 permit types that do not require inspections — easy to consolidate with minor tweaking of technology • Other permits requiring inspections are more complex & need further review Cashiering KIOSkS 5 kiosks to improve & enhance customer service for City Hall, Dev Services, & Municipal Court • Citizens can pay utility bills/adjudicated fines, & issue permits • In place by Fall 2011 • Maybe possible to eliminate one position Update ■ Outsourcing- Survey: $170 million annually ■ multiplies into over $400 million into local economy ■ Issued RFP for Business Case Evaluation: ■ Facility Maintenance ■ Fleet ■ Citywide Mowing/Grounds Maintenance ■ Municipal Information Systems (MIS) Next Steps • Award contract for Business Case Evaluation for MIS/Fleet: drive to conclusion — Facility Maintenance: RFP to privatize &allow staff to compete via "Managed Competition" — Citywide Mowing/Grounds Maintenance: internal review team • Implement Competitive Culture & "Managed Competition" city wide • Resurrect Balanced Scorecard: establish service levels • Establish business plans • Incorporate through budget process 23 Questions? 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 8, 2011 AGENDA ITEM: Presentation regarding FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. ISSUE: City Charter requires the City Council to review the recommendations of the Planning Commission and act on the Capital Budget. REQUIRED COUNCIL ACTION: None. PREVIOUS COUNCIL ACTION: Public hearing and Recommendation to approve the FY 2011 Capital Budget and Capital Improvement Planning Guide made by the Planning Commission on November 17, 2010. Public input may be received at the public hearing to consider and first reading ordinance on February 15`h and the second reading ordinance on February 22nd. CONCLUSION AND RECOMMENDATION: Presentation regarding FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. Perales, . ACM Development and Engineering Services johnnyp @cctexas.com 826.4332 -72 relt su mr, ®o CD tl r\i) %4‹ SU ra n z 0 73 NJ :11-8 M (s) CD eir rat 2 .�o -n 0 (D P%."‹.1 00 CD Hai 51-5'4n City of E Christi *.p1,4•1•10%•01 Overview 0. Background Immediate Rate Reduction Options Long -Term Rate Reduction Strategies 0. Revised FY 11 CIP Recommendations IrCity of Corpus i Christi orrimeriAkirri ackground ► December 7th Proposed $83M in FY 11 CIP 0 17.5% -Wastewater Rate Increase • 9.2% - CIP (Debt service on $38.OM) • 1.0% -Operating ($1 10M Increase) • 5.8% -Franchise Transfer ($3.1 M) • 1.5% - Other System Requirements Note: This presentation will only address the CIP and corresponding utility rate impact. The other three components are model place holders based on the FY 11 approved Budget and will be addressed as part of the FY 12 Budget . Trans Wastewater Rate Components lCF 3 City of Corpus Christi ackground ► December 7th Proposed $83M in FY 11 CIP 0 9.5% - Water Rate Increase • 3.6% - CIP (Debt service on $45.OM) • 1.6% - Operating ($2.5M Increase) • 1.8% - Franchise Transfer ($2.OM) • 2.5% - Other System Requirements Note: This presentation will only address the CIP and corresponding utility rate impact. The other three components are model place holders based on the FY 11 approved Budget and will be addressed as part of the FY 12 Budget . Tra Water Rate Components Operating 4 City of Corpus ;T Chnsti wlarat ackground Proposed $83M in FY 11 CIP Wastewater Rate Components Under ction 1.29% 9.2% Rate increase Design 0.48% Water Rate Components Under Construction 3.6% Rate Increase 5 • City of Corpus = Christi `.,.~ Immediate Rate Reduction Options 0. Zero Rate Increase Issues • Projects under Construction • Regulatory Requirements o. Use Capital Reserve Fund Balance for Capital Projects/Debt Service • Current Reserve Fund Balance: $20.7M (combined) No new Utility Construction Projects Awarded inFYll ► Re-evaluate Utility CIP Work • Prioritized Project List • Stretching out Bond 08 Schedule ► 30 yr Bonds vs. 20 yr Bonds City of Er' Corpus .._. Christi varatiroftro Project Prioritization process ► Scored Projects within Operating Departments based on risk factors ▪ Regulatory Compliance • Operational Process and Financial Impact • Public Health & Safety • Community Impacts • Community/Council/Staff Priority • Probability of Failure/Serviceability (13 t--(4 -� rD n O si) 3 1 3 n rD p -0 n. �ND 0 O lQ 3 an rD 3 rD r* sapuai3U.J3 NITir O rD r* rat { MOM PA r J vt rim rut City of 1119 Corpus .r Christi eftwoorroftsso Revised FY 1 1 Wastewater CIP Recommendation Continue Projects Under Construction (Utility and Bond 08) New Broadway WWTP Capital Reserves Finish In -process Design Contracts Future Bond 08 Support Regulatory Mandated Projects $11.1M $19.0M ($10,0M) $1.9M $2.2M $0.6M 2.2% 4.0% (2.0%) 0.4% 0.2% 0.1% For the average Residential Customer: 4.9% Wastewater Rate increase corresponds to a $2.00/month increase 9 City of Corpus 7 Christi Wftrisi Revised FY 1 1 Water and Storm Water CIS Recommendation Continue Projects Under Construction (Utility and Bond 08) Finish In -process Design Contracts Future Bond 08 Support ($4.5M of existing Revenue Bonds) Regulatory Mandated Projects Water Supply Redundancy Initiatives $3.5M $7.9M $1.4M $2.4M (yo Rate Increase 0.6% $4.7M 0.5% 0.2% $1.1M 0.0% 0.0% $6.5M 0.6% 0.2% $0.5M 0.1% For the average Residential Customer: 2.2% Water Rate increase corresponds to a $0.69/month increase 10 ErCity of Corpus Christi FY 1 1 Wastewater Summary ► Proposed $24.8M in Wastewater FY 11 CIP 0 13.2% -Wastewater Rate Increase • 4.9% - CIP (Debt service on $24.8M) • 1.0% - Operating ($1 .OM Increase) • 5.8% -Franchise Transfer ($3.1 M) • 1.5% - Other System Requirements Wastewater Rate Components ICF Operating inCity of Corpus MAW PPM= Chnsti treftrolfteige FY 1 1 Water and Storm Water Sum.mary Proposed $28M i Water and Storm Water FY11 cIP 8.1% - Water Rate Increase • 2.2% - CIP (Debt service on $28.OM) • 1.6% - Operating ($2.5M Increase) • 1.8% - Franchise Transfer ($2.OM) • 2.5% Other System Requirements Water Rate Components ap?ifs Capital Improvement Program =- Chnsti Recommendations 1. Replace Commercial Paper Program with a more formal bond or revenue note issuance which requires each project approved by Council to be authorized by funding amount and cost category (i.e., design, construction, inspection, etc.). Z. Approval of Utility Capital Improvement Program should always coincide with the operating budget with specific review process of prior year budgeted costs to actual amounts expended; forecasted capital costs and projected utility rate increases. 3. Long term capital project strategies should be developed, deliberated and formally adopted by the City Council. trookourograsw City of Corpus Christi capital Irnprovement Program Recom mendations 4. A policy regarding the funding of the utility costs associated with General Obligation bond projects should be considered and adopted. �. A policy on the use of the capital reserve fund should be developed and recommended. �. Staff responsibility for the management of the Capital Improvement Program should be identified and accountability for specific outcomes assigned. 7. A review of Storm Water capital projects and the burden on these projects place on Water rates should be undertaken. 8. A review of the utility rate model by staff and presentation to Council should be completed to insure the benefits of tool are optimized. City. of TI Corpus BE Christi Capital Improvement Program Recommendations A review of the Capital Improvement Program should be undertaken by our Financial Advisor to ascertain the potential impact of future trends and risks in the municipal bond market . 10. These recommendations should be included with the Capital Improvement Program adopted this year. City of ri Corpus :7-7-.7 :a Christi I rmi loor • I A 1, 54 - FY 2010•- 2011 CIP Presentation Questions?