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Agenda Packet City Council - 03/20/2012 (W&R)
sF. ?�z;�f;d >.� 10:30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, March 20, 2012 at 10:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to discuss the Street Maintenance Funding Plan - Session One. 11:45A.M.- Proclamation declaring March 20, 2012 as "Southwest Airlines Day" Proclamation declaring April 13 - May 6, 2012 as "Buc Days 75`" Annual Celebration" Proclamation declaring March, 2012 as "Women's History Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MARCH 20, 2012 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 tree que su ingles es limitado, habra un interprete ingles- espariol en todas las juntas del Conclio 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 David Loeb Council Members: Chris N. Adler City Manager Ronald L. Olson Kelley Allen City Attorney Carlos Valdez Larry Elizondo, Sr. City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting March 20, 2012 Page 2 E. MINUTES: 1. Approval of Regular Meeting of February 28, 2012. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. • Committee for Persons with Disabilities * Electrical Advisory Board * Island Strategic Action Committee * North Padre Island Development Corporation * Retired and Senior Volunteer Program Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. Al! 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 paint the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting March 20, 2012 Page 3 Approval of professional services amendment for runway safety project Motion authorizing the City Manager or designee to execute Amendment #7 to a Contract for Professional Services with KSA Engineers, Inc. of Longview, Texas, in the amount of $201,800.00 for a re- stated total of $2,387,216.95 for the Corpus Christi International Airport Runway 13 -31, Runway Extension Safety Mitigation Project for additional engineering and design work. (Attachment #3) 4. Approval of construction contract for wastewater lift station main improvements Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in an amount of $353,425.00 for Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements for the Base Bid and Additive Alternate No. 1. (Attachment #4) 5. Approval of professional services amendment for downtown street signalization Motion authorizing the City Manager or designee to execute Amendment No. 1 to a Contract for Professional Services with HDR, Inc. of Corpus Christi, Texas, in the amount of $142,000 for a total re- stated fee of $244,250 for the Downtown Streets — Chaparral Project for street signalization. (Attachment #5) 6. Appropriating funds for American Bank Center repairs and marketing a. Second Reading Ordinance - Appropriating $26,124.47 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $26,124.47, (First Reading 02/28/12) (Attachment #6) Agenda Regular Council Meeting March 20, 2012 Page 4 b. Second Reading Ordinance - Appropriating $268,000 from reserved fund balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures for the American Bank Center; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $268,000. (First Reading 02/28/12) (Attachment #6) c. Second Reading Ordinance - Appropriating $305,279.91 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $305,279.91. (First Reading 02/28/12) (Attachment #6) d. Second Reading Ordinance - Appropriating $100,000 from unreserved fund balance of the No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concessions; and changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing revenues by $50,000 and expenditures by $150,000. (First Reading 02/28/12) (Attachment #6) 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. • Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding pending litigation styled Civil Action No. C -11 -154, Robert Knabe et al vs. The City of Corpus Christi, et al presently pending in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Agenda Regular Council Meeting March 20, 2012 Page 5 • Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding Cause No. 8- 11- 6088CV -B styled City of Ingleside, Texas vs. City of Corpus Christi, Texas presently pending in the 156th District Court of San Patricio, County with possible discussion and action in open session. • Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. • Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 7. Zoning change for property located at 2049 Flour Bluff Drive from commercial to industrial Case No. 1111 -01, Bettie L. Barr: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial use to a Tight industrial use. The property to be rezoned is Don Patricio Subdivision, Block S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road. (Attachment #7) Planning Commission and Staffs Recommendation: Denial of the change of zoning from "CG -2" General Commercial District to the "IL" Light Industrial District and in lieu thereof approval of a "CG -2" General Commercial District with a Special Permit "SP" subject to five (5) conditions, without resulting in a change of future land use from commercial use to a commercial use with a special permit. Agenda Regular Council Meeting March 20, 2012 Page 6 ORDINANCE Amending the Unified Development Code (UDC), upon application by Owner, Bettie L. Barr, by changing the UDC zoning map in reference to Don Patricia Subdivision, Block S, Lots 23 -30, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit and subject to five (5) conditions; 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. 8. Zoning change from property located at 7201 Yorktown Boulevard from farm rural to residential Case No. 0112 -01, Yorktown Oso Joint Venture: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single- family 4.5 District, resulting in a change of future land use. The property to be rezoned is Flour Bluff and Encinal Farm and Garden Tracts, Section 25, 7.566 acres out of Lot 29, south of Yorktown Boulevard and east of Rodd Field Road. (Attachment #8) Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. ORDINANCE Amending the Unified Development Code (UDC), upon application by Owner, Yorktown Oso Joint Venture, by changing the UDC zoning map in reference to 7.566 acres out of Section 25, Lot 29 Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single- family 4.5 District, 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. 9. Zoning change from property located at 4331 South Padre island Drive from industrial to commercial Case No. 0112 -03, Vishal Hotel, LP: The applicant is requesting a change of zoning from "IL" Light Industrial District to "CG -2" General Commercial District, not resulting in a change of future land use. The property is described as Byron Willis Subdivision, Agenda Regular Council Meeting March 20, 2012 Page 7 Block 2A, Lot J, located south of South Padre Island Drive (State Highway 358), east of Weber Road and west of Flynn Parkway. (Attachment #9) Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "CG -2" General Commercial District. ORDINANCE Amending the Unified Development Code (UDC), upon application by Owner, Vishal Hotel, LP, by changing the UDC zoning map in reference to Byron Willis Subdivision, Block 2A, Lot J, from the "IL" Light Industrial District to the "CG -2" General Commercial District, 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: 10. Special Permit Time Extension for property located at the 17000 block of South Padre Island Drive (Park Road 22) Case No. C1001 -02A, Vista del Mar Irrigation Company: The applicant is requesting a time extension for a previously granted Special Permit. The subject property, Tract 1, consists of approximately 1,230 acres that are located on the south side of the Nueces/Kleberg County lines and along both sides of South Padre Island Drive (Park Road 22). (Attachment #10) Planning Commission and Staff's Recommendation: Approval of the request to extend the Special Permit for two (2) years. ORDINANCE Amending Zoning Ordinance 024699, upon application by Vista Del Mar Irrigation Company, by adding a two (2) year time extension to the Special Permit term previously approved; 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. Agenda Regular Council Meeting March 20, 2012 Page 8 11. Approval of construction contract for Wooldridge Road Motion authorizing the City Manager or designee to execute a Construction Contract with Grace Paving & Construction, of. Corpus Christi, Texas in the amount of $2,719,256.42 for Wooldridge Road from Rodd Field Road to Quebec for the Base Bid (Bond 2008). (Attachment #11) 12. Amendment to agreement for red Tight camera enforcement program a, Motion authorizing an amendment to the agreement between the City of Corpus Christi, Texas and Redflex. Traffic System, Inc. for Photo Red Light Enforcement Program. (Attachment #12) b. Motion executing a Standard Form Citation Verification Services Program Agreement between the City of Corpus Christi and Redflex Traffic Systems, Inc. (Attachment #12) L. FIRST READING ORDINANCES: 13. 'Amending Code of Ordinances and appropriating funds for additional authorized expenses for Municipal Court a. First Reading Ordinance — Amending Sections 29 -48 and 29 -52, Code of Ordinances,_ City of Corpus Christi, to authorize additional authorized expenses from the Municipal Court Building Security Fund and the Juvenile Case Manager Fund consistent with current state law. (Attachment #13) b. First Reading Ordinance — Appropriating $170,702 from Municipal Court Building Security Fees in the No. 1035 Municipal Court — Building Security Fund for expenses specifically authorized by state law and city ordinance; appropriating and transferring $91,097.15 from the General Fund to the No. 1037 Municipal Court Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures /revenues by $170,702. (Attachment #13) Agenda Regular Council Meeting March 20, 2012 Page 9 c. First Reading Ordinance — Appropriating $255,720 from Municipal Court's Technology Fees in the No. 1036 Municipal Court — Technology Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $150,618 from the General Fund to the No. 1037 Municipal Court- Technology Fund; changing the FY2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures/revenues by $255,720.. (Attachment #13) d. First Reading Ordinance — Appropriating $357,206 from Municipal Court's Juvenile Case Manager Fees in the No. 1037 Municipal Court Juvenile Case Manager Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $247,464 from the General Fund to the No. 1037 Municipal Court- Juvenile Case Manager Fund; changing the FY2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures/revenues by $357,206. (Attachment #13 ) 14. Appropriating funds for the school crossing Guard program for FY 2012 First Reading Ordinance — Appropriating $70,000 from the Unreserved Fund Balance in the No. 1020 General Fund to fund the School Crossing Guard Program for the remainder of FY2012. (Attachment #14) 15. Renaming of ball field at 1901 Paul Jones Avenue First Reading Ordinance — Naming ball field at Southside Sports Complex at 1901 Paul Jones Avenue the Raymond R. Dulak, Jr. Ball Field. (Attachment #15) 16. Amendments to Code of Ethics First Reading Ordinance --- Amending the Code of Ethics provisions regarding conflicts of interest and complaint procedures. (Attachment #16) Agenda Regular Council Meeting March 20, 2012 Page 10 M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: 17. Approval of lease purchase of brush collection equipment Motion approving the lease purchase of two (2) five yard wheel loaders from Anderson Machinery, of Manor, Texas in the amount of $379,629.68 of which $6,757.53 is required for FY 2011 - 2012. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. The units will be used by the Solid Waste Department. Funds for the lease purchase of the wheel loaders will be provided through the City's lease /financing program. (Attachment #17) 18. Approval of lease purchase of curbside recycle containers Motion approving the lease purchase of 2,940 96- gallon curbside recycle containers from Toter Incorporated, of Statesville, North Carolina for the total amount of $149,899, of which, $8,080.47 is required for FY2011 -2012. The award is based on the cooperative purchasing agreement with the Houston- Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated recycle program. Funds for the lease purchase of the curbside recycle containers will be provided through the City's lease/purchase financing program. (Attachment #18) 19. Approval of lease purchase of street repair equipment Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, of Dallas, Texas for a total amount of $101,554 of which $5,440.59 is required for FY2011 /2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease/purchase financing program. (Attachment #19) Agenda Regular Council Meeting March 20, 2012 Page 11 20. Approval of lease purchase of alternative fuel refuse trucks Motion approving the lease purchase of four (4) side loading refuse trucks from Rush Truck Centers of Texas LP, of Houston, Texas for a total amount of $1,186,120.00 of which $21,113.32 is required for the remainder of FY2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the lease purchase of the vehicles will be provided through the City's lease /purchase financing program. (Attachment #20) 21. Purchase of police package SUVs Motion approving the purchase of twelve (12) Chevrolet Tahoes from Caldwell Country Chevrolet, of Caldwell, Texas, for a total amount of $327,562. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY2011 -2012 Capital Outlay Budget of the Fleet Maintenance Fund. (Attachment #21) 22. Approval of lease purchase of equipment for compost production Motion approving the lease purchase of one (1) trommel screen from McCourt & Sons Equipment, Inc., of La Grange, Texas for a total amount of $292,125 of which $20,799.68 is required for the remainder of FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment is a replacement unit and will be used by the Solid Waste Department. Financing for the equipment will be provided through the City's lease- purchase financing program. (Attachment #22) 23. Purchase of specialized equipment Motion authorizing the purchase of specialized equipment for a total amount of $129,559 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment #23) Agenda Regular Council Meeting March 20, 2012 Page 12 24. Purchase of software interface for Police Forensic services Motion approving the purchase of an interface for the Laboratory Information Management System (LIMS) and ILeads from STARLIMS Corporation, of Hollywood, Florida, for a total expenditure of $73,550. Funds are available through the Coverdell Forensic Science Improvement Grant program and Municipal Information Systems. (Attachment #24) 25. Acceptance of a State grant for the purchase of equipment and supplies for emergency medical services a. Resolution authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $21,133.93 to be used for the purchase of equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Attachment #25) b. Ordinance appropriating $21,1 33.93 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Attachment #25) 26. Acceptance of a State grant for the Senior Companion Program (SCP) a. Resolution authorizing the City Manager or designee to execute all documents to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). (Attachment #26) b. Ordinance appropriating a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). (Attachment #26) 27. Acceptance of a State grant to supplement senior home delivered meal program a. Resolution authorizing the City Manager or designee to accept a $117,301.38 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY2012 Senior Community Services (SCP) Elderly Nutrition Program. (Attachment #27) Agenda Regular Council Meeting March 20, 2012 Page 13 b. Ordinance appropriating a $117,301.38 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY2012 Senior Community Services (SCP) Elderly Nutrition Program. (Attachment #27) 28. Approval of lease agreement with the Buccaneer Commission, Inc. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2012 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots during April 23 2012 through May 8, 2012; use of parking lot north of former Memorial Coliseum site from April 12, 2012 through April 16, 2012; and also including use of McGee Beach for fireworks launch on April 27, 2012; and provide for Commission paying 50% police overtime, and 100% of all other City costs and fees. (Attachment #28) 29. Ordinance to correct termination date of Downtown Tax Increment Financing Zone (TIF) and approval of amended agreement Ordinance amending Ordinance No, 027996, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone "), to correct the termination date of the Zone; authorizing the City Manager to enter into an Amended Interlocal Agreement with Del Mar College and Nueces County. (Attachment #29) 30. Ordinance authorizing approval of amendments to athletic league lease agreements a. Ordinance authorizing the City Ma nager or designee to amend the lease agreement with Great Western Soccer League, a non- profit organization, for the use of Terry and Bobby Labonte Park for its soccer program to end in January 2014 by amending section regarding water utilities. (Attachment #30) Agenda Regular Council Meeting March 20, 2012 Page 14 b. Ordinance authorizing the City Manager or designee to amend the lease agreement with Padre Youth Football League, a non - profit organization, for the use of Bill Witt Park for its football program to end in February 2016 by amending section regarding water utilities. (Attachment #30) c. Ordinance authorizing the City Manager or designee to amend the lease agreement with Corpus Christi and Coastal Bend Youth Football League, a non- profit organization, for the use of Botsford Park for its football program to end in January 2014 by amending section regarding water utilities. (Attachment #30) d. Ordinance authorizing the City Manager or designee to amend the lease agreement with Corpus Christi Senior Softball Association, a non- profit organization, for the use of Kiwanis Park for its softball program to end in March 2016 by amending section regarding water utilities. (Attachment #30) e. Ordinance authorizing the City Manager or designee to amend the lease agreement with Southside Little Miss Kickball League, a non - profit organization, for the use of property located at 4200 McArdle Road for its kickball program to end in February 2016 by amending section regarding water utilities. (Attachment #30) f. Ordinance authorizing the City Manager or designee to amend the lease agreement with Southside Youth Sports Complex, a non - profit organization, for the use of Price Park for its baseball program to end in January 20.14 by amending section regarding water utilities. (Attachment #30) Ordinance authorizing the City Manager or designee to amend the lease agreement with Corpus Christi United Little Miss Kickball League, a non - profit organization, for the use of Bill Witt Park for its kickball program to end in January 2014 by amending section regarding water utilities. (Attachment #30) h. Ordinance authorizing the City Manager or designee to amend the lease agreement with Padre Soccer League, a non - profit organization, for the use of Bill Witt Park for its soccer program to end in January 2013 by amending section regarding water utilities. (Attachment #30) g Agenda Regular Council Meeting March 20, 2012 Page 15 i. Ordinance authorizing the City Manager or designee to amend the lease agreement with Santa Fe Soccer League, a non - profit organization, for the use of South and North Pope Park for its soccer . program to end in June 2013 by amending section regarding water utilities. (Attachment #30) Ordinance authorizing the, City Manager or designee to amend the lease agreement with Corpus Christi Police Athletic League, a non - profit organization, for the use of T.C. Ayers, Ben Garza, and Driscoll Field for its youth athletic program to end in February 2015 by amending section regarding water utilities. (Attachment #30) k. Ordinance authorizing the City Manager or designee to amend the lease agreement with National Little League, a non- profit organization, for the use of Paul Jones Youth Sports Complex for its baseball program to end in February 2016 by amending section regarding water utilities and waiving outstanding water utility balance. (Attachment #30) I. Ordinance authorizing the City Manager or designee to amend the lease agreement with Oso Pony Baseball League, a non- profit organization, for the use of Paul Jones Youth Sports Complex for its baseball program to end in February 2016 by amending section regarding water utilities and waiving outstanding water utility balance. (Attachment #30) m. Ordinance authorizing the City Manager or designee to amend the lease agreement with Oso Little Miss Kickball League, a non - profit organization, for the use of Paul Jones Youth Sports Complex for its kickball program to end in February 2016 by amending section regarding water utilities and waiving outstanding water utility balance. (Attachment #30) n Ordinance authorizing the City Manager or designee to amend the lease agreement with Padre Little League, a non- profit organization, for the use of Bill Witt Park for its baseball program to end in April 2013 by amending section regarding water utilities. (Attachment #30) Agenda Regular Council Meeting March 20, 2012 Page 16 o. Ordinance authorizing the City Manager or designee to execute five -year lease agreement with International Westside Baseball for the use of Greenwood/Horne Youth Sports Complex, for its baseball program. (Attachment #30) Ordinance authorizing the City Manager or designee to execute five -year lease agreement with Sparkling City Fast Pitch League for the use of, Greenwood /Horne Youth Sports Complex for its softball program. (Attachment #30) Ordinance authorizing the City Manager or designee to execute five -year lease agreement with Universal Little League for the use of Greenwood /Horne Youth Sports Complex for its baseball program. (Attachment #30) P. q. 31. Approval of professional services contract for Staples Street pumping plant Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $87,400 for the Staples Street Pumping Plant. New 10 MGD Pumps. (Attachment #31) 32. Approval of amendment to professional services contract for design of Oso CreeklOso Bay Area Park Master Plan Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Contract for Professional Services with RVi of Austin, Texas for the Oso Creek /Oso Bay Area Park Master Plan in the amount of $616,670 for a total restated fee of $903,650 for design of Phase 2 Improvements. (Bond 2008) (Attachment #32) 33. Approval of construction contract for traffic sionalization and synchronization improvements Motion authorizing the City Manager or designee to execute a construction contract with Austin Traffic Signal Construction Co., Inc. of Pflugerville, Texas in the amount of $900,348.44 for the Traffic Signals (New and Synchronization) Project for the Base Bid. (Bond 2008) (Attachment #33) Agenda Regular Council Meeting March 20, 2012 Page 17 34. Approval of Type A grant for Kanon Services, Inc. and appropriation of funds a. Ordinance appropriating $120,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "CCBJDC ") to Kanon Services, Inc. ( "Kanon ") for capital investments and . the creation and retention of jobs; changing the FY2011- 2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $120,000. (Attachment #34) b. Resolution approving a Business Incentive Agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "CCBJDC ") and Kanon Services, Inc. ( "Kanon "), which provides a grant of up to $120,000, for investing in new equipment for its facilities within the City of Corpus Christi, in which Kanon will invest at least $3,700,000 in furniture, fixtures, and equipment and will retain at least 4 current full -time jobs with an average annual salary of at least $50,000 over a five -year period and the creation and maintenance of 36 additional full -time jobs with an average annual salary of -at- least $50,000 over a five -year period, and authorizing the City Manager or designee to execute a Business Incentive Project Support Agreement with the CCBJDC regarding implementation and administration of the Kanon Business Incentive Agreement for the Creation and Retention of Jobs. (Attachment #34) 35. Approval of Type A grant for Oneta Company and appropriation of funds a. Ordinance appropriating $300,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "CCBJDC ") to Oneta Company ( "Oneta ") for investing in new facilities and new equipment of their existing manufacturing and distribution facilities and the creation and retention of jobs; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $300,000. (Attachment #35) Agenda Regular Council Meeting March 20, 2012 Page 18 b. Resolution approving a Business Incentive Agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "CCBJDC ") and Oneta Company ( "Oneta "), which provides a grant of up to $300,000, for investing in new facilities and new equipment for its facilities within the City of Corpus Christi, in which Oneta will invest at least $4,700,000 in furniture, fixtures, and equipment and will retain at least 64 current full time jobs with an annual average salary of at least $30,935 over a five -year period and the creation and maintenance of 31 additional full time jobs with an average annual salary of at least $30,935 over a five -year period, and authorizing the City Manager or designee to execute a Business Incentive Project Support Agreement with the CCBJDC regarding implementation and administration of the Oneta Business Incentive Agreement for the creation and retention of jobs. (Attachment #35) 36. Approval of interlocal cooperation agreement with Corpus Christi Downtown Management District Resolution authorizing the City Manager or designee to execute a one -year interlocal Cooperation Agreement with the Corpus Christi Downtown Management District ( "District "), to renew annually automatically, in the annual amount equal to the District's revenue received from the District's ad valorem taxes each fiscal year at an annual minimum of $127,000 for assistance in downtown development and redevelopment activities for FY2011 -2012 and annually thereafter as renewed. (Attachment #36) FUTURE PUBLIC HEARINGS 37. Zoning change from property located at 7546 Slough Road from residential to residential on Tract 1 and residential to cottage housing on Tract 2 Case No. 0212 -01, Urban Engineering: The applicant is requesting a change of zoning from the "RS -6" Single - family 6 District to the "RS -4.5) Single- family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future land use. The property to be rezoned is described as Flour Bluff and Encinal Farm and Garden Tracts, Agenda Regular Council Meeting March 20, 2012 Page 19 Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). (Attachment #37) Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2. UPDATES TO CITY COUNCIL: (NONE) N. PUBLIC COMMENT ON NON - AGENDA OR AGENDA RELATED MATTERS WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR. AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 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. 0. CITY MANAGER'S COMMENTS: * Update on City Operations * Status of Municipal Court Administrator Hiring Agenda Regular Council Meeting March 20, 2012 Page 20 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 "--i436-- p.m., on March 15, 2012. vu,sh e GJ Armando Chapa n City Secretary I "_4 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. 1 MINUTES City of Corpus Christi, Texas Regular Council Meeting February 28, 2012 - 12:00 p.m. Present: Mayor Joe Adame Council Members: Chris Adler Kelley Allen Larry Elizondo Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Philip Douglas, Unitarian Universalist Church and the Pledge of Allegiance to the United States Flag was led by Council Member Nelda Martinez. 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. MayorAdame called for approval of the minutes of the Regular Council meeting of February 21, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENT The council made the following new appointment to the city's boards, commissions and committees: Airport Board Wayne Squires Mayor's Fitness Council - Appointments postponed. CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 13). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2012 -040 Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for crushed limestone base in accordance with Bid Invitation No. BI- 0059 -12, based on low bid, for an estimated annual expenditure of $340,600 of which $141,916.67 is required for FY2011 -2012. The term of the contract is for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds are budgeted by the Street Department in FY2011 -2012. —1— Minutes - Regular Council Meeting February 28, 2012 Page 2 The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 4. MOTION NO. 2012 -041 Motion approving the purchase of a valve maintenance machine from E.H. Wachs Co., of Harvard,- Illinois based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,832.14. Funds have been budgeted by the Water Department in FY2011 -2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 5. MOTION NO. 2012 -042 Motion approving the purchase of one (1) boom slope mower from Tiger Corporation, of Sioux Falls, South Dakota in the amount of $106,229.70. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet and will be used by the Storm Water Department. Funds are available in the Storm Water Operations Budget in FY 2011 -2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 6. MOTION NO. 2012 -043 Motion approving a contract with MCCI, of Tallahassee, Florida for an estimated expenditure of $86,905. The pricing terms listed are in effect for three (3) years from the signed contract date. Funds are budgeted in the General Fund and the Risk Management Administration Fund for the remainder of FY2011 -2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 7.a. RESOLUTION NO. 029378 Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 7.b. ORDINANCE NO. 029379 Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project; appropriating $49,000 from the Reserve for Fleet Maintenance Fund No. 5110 and transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project. —2— Minutes - Regular Council Meeting February 28, 2012 Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye" 8. MOTION NO. 2012 -044 Motion appointing Council Members as Board of Directors to the Corpus Christi Corpus Christi Reinvestment Zone No. 3 Board of Directors. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 9. MOTION NO. 2012 -045 Motion appointing Council Member Kelley Allen to the Board of Directors of the Corpus Christi Housing Finance Corporation. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 10. MOTION NO. 2012 -046 Motion authorizing the City Manager or designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Inc. for the construction and maintenance of a permanent water control structure on the Rincon Bayou. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 11. MOTION NO. 2012 -047 Motion authorizing the City Manager or designee to execute Amendment #1 of the "Rincon Bayou Diversion Project - Salinity and Freshwater Inflow Monitoring" Contract with Conrad Blucher Institute (CBI) at Texas A &M University- Corpus Christi (TAMU-CC). The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 12. MOTION NO. 2012 -048 Motion authorizing the City Manager or designee to execute Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $107,450 for a total amount not to exceed $256,829 for Kostoryz Road Improvements Phase 1 project for additional environmental testing and reporting. The foregoing motion was passed and approved with the following vote Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting: "Aye ". Minutes - Regular Council Meeting February 28, 2012 Page 4 13. ORDINANCE NO. 029380 Accepting and appropriating $3,000 residents' cost share for street hump construction in the No. 1020 General Fund; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $3,000 each. (First Reading — 2/21/12) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". EXECUTIVE SESSIONS follows: Mayor Adame announced the executive sessions which were listed on the agenda as Executive session under Texas Government Code 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving the Corpus Christi Police Department, with possible discussion and action in open session. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect. The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken on the executive sessions. PUBLIC HEARINGS Mayor Adame referred to Item No. 14, and a motion was made and passed to open the following public hearing: Case No. 0112 -02; Asset Development Corporation: The applicant is requesting a change of zoning from the "RS -6" Single - family 6 District and "RM -AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District - Barrier Island Business, resulting in a change of future land use. The property to be rezoned is an 111.69 -acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, portion out of Lot 20, Block 41, Lots 7 -14, Block 43, portion out of Lots 6, 8 and 14 and all of Lots 9 -13, and Block 44, portion out of Lots 1, 2, 6 and 7 and all of Lots 3 -5, all in Padre Island- Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR22) and south of Commodores Drive. Miguel Saldana, Development Services referred to a powerpoint presentation including an aerial view; existing land use map; future land use map; regional transportation plan; views of the subject property; conceptual site plan and layout of water resort area; and the ownership map. Mr. Saldana stated that the Planning Commission and staff is recommending approval of the change of zoning to the "CR -2" Resort Commercial District- Barrier Island Business. Chip Urban, Urban —4-- Minutes - Regular Council Meeting February 28, 2012 Page 5 Engineering addressed questions regarding water supply issues and Paul Schexnailder spoke regarding the traffic impact, buffering, lighting, and height restrictions. Council Member Martinez directed staff to consider placing height restricts in any incentive agreements or development agreements with Asset Development. Mayor Adame asked for comments from the audience. Nita Smith, Barbara Jansen, Abel Alonzo, John White, and Mary Alice Eskridge spoke about the zoning change request. Ms. Jansen provided a written statement and petition on behalf of Carmen Hagopian. Council Member Scott made a motion to close the public hearing, seconded by Council Member Elizondo. City Secretary Chapa polled the council for their vote as follows: 14. ORDINANCE NO. 029381 Ordinance amending the Unified Development Code (UDC), upon application of Asset Development Corporation, LP, on behalf of multiple owners, by changing the UDC zoning map in reference to a 111.69 — acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, a portion out of Lot 20, Block 41, Lots 7 -14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9 -13, and Block 44, a portion out of Lots 1, 2, 6 & 7 and all of Lots 3 -5, all in Padre Island - Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive, from the "RS -6" Single Family 6 District and "RM-AT" Multifamily Apartment Tourist District to : the "CR -2" Resort Commercial District — Barrier island Business, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye" UPDATES TO CITY COUNCIL Mayor Adame referred to Item 31, recommendations of the Ethics Commision to amend Article V, Code of Ethics. Jennifer Dragoo, Chair of the Ethics Commission provided a brief overview of the recommended changes to the preamble; conflicts of interest standards; the definitions of conflict of interest and substantial interest; and complaints. CITY CORPORATION MEETING Mayor Adame recessed the Regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation (CCHFC). REGULAR AGENDA Mayor Adame reconvened the Regular Council meeting. Mayor Adame referred to Item 16. Assistant City Manager Oscar Martinez stated that this item relates to the previous action taken by the Corpus Christi Housing Finance Corporation regarding the transfer of the parking lot and long- term leasehold interest in the Ward Building. Mayor Adame asked for comments from the -5- Minutes - Regular Council Meeting February 28, 2012 Page 6 audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 16.a. ORDINANCE NO. 029382 Ordinance approving an advance of $135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 16.b. ORDINANCE NO. 029383 Ordinance appropriating $330,187 received from Fund No. 9030 Corpus Christi Housing Finance Corporation and depositing into No. 1059 Community Development Block Grant Fund to reimburse Ward Building expenditures. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 16.c. ORDINANCE NO. 029384 Ordinance appropriating and transferring $578,360.15 from the Fund No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenue by $578,360.15. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". 16.d. ORDINANCE NO. 029385 Ordinance approving the transfer of the parking lot and the long -term leasehold interest in the Ward Building generally located on North Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". MayorAdame referred to Item 17. Michael Barrera, Assistant Director of Financial Services stated that staff is recommending the approval of contracts to five (5) local providers for the use of temporary staffing services. MayorAdame asked for comments from the audience. Abel Alonzo and Chris Bradford, Unique Employment spoke regarding this item. City Secretary Chapa polled the Council for their votes as follows: -6- Minutes - Regular Council Meeting February 28, 2012 Page 7 17. MOTION NO, 2012 -049 Motion approving service agreements with the following companies for the following amounts for temporary staffing services, based on lowest responsible bid and multiple progressive awards, in accordance with Bid Invitation No. BI- 0186 -11, for an estimated two - year expenditure of $6,988,268.29 of which $1,455,889.23 is required for the remainder of FY2011 -2012. The term of the service agreement is for two years with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or designee. This service will be used by all City departments. Funds are available in the using departments' operating budgets in FY 2011 -2012 and will be requested for FY 2012 -2013. Unique Employment Services Corpus Christi, Texas 26 Line Items $1,995,078.42 Absolute Staffing, L.P. Corpus Christi, Texas 35 Line Items $1,958,937.44 JAT Partners, LLC DBA Remedy Intelligent Staffing Corpus Christi, Texas 19 Line Items $1,159,110.17 Advance'd Temporaries, Inc. Corpus Christi, Texas 60 Line Items $1,623,555.95 Express Employment Professionals Corpus Christi, Texas 2 Line Items $251,586.30 Grand Total: $6,988,268.29 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Loeb, and Martinez, voting "Aye "; Leal and Marez voting "No "; Allen and Scott were absent. Mayor Adame referred to Item 18. Gus Gonzalez, Director of Water Operations explained that this item authorizes the execution of a Memorandum of Understanding with the Lavaca - Navidad River Authority to develop alternative for the leasing of the Garwood water rights. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2012 -050 Motion authorizing the City Manager or designee to execute a Memorandum of Understanding with the Lavaca - Navidad River Authority (LNRA) to develop alternatives for the leasing of the Garwood water rights to potential customers which may include the construction of a pipeline and appurtenances to the LNRA facility. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". MayorAdame referred to Items 19. Gus Gonzalez, Director of Water Operations, stated that this item is the second reading of the ordinance that sets the rates for the sale of untreated water. Mr. Gonzalez reported that Items 19 and 20 are related. Mr. Gonzalez added that Item 20 is authorizing a temporary raw water sales contract with Formosa Plastics Corporation for a total of 2000 acre feet of water or until expiration of the contract. MayorAdame asked for comments from —7— Minutes - Regular Council Meeting February 28, 2012 Page 8 the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 029386 Setting rates for the sale of untreated water to large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for publication. (First Reading — 2/21/12) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye "; Elizondo was absent. 20. ORDINANCE NO. 029387 Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. (First Reading — 2/21/12) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye "; Elizondo was absent. FIRST READING ORDINANCE Mayor Adame referred to Item No. 21. Assistant City Manager Rudy Garza explained that this item is appropriating funds to the current fiscal year for the American Bank Center for capital improvements. Jim Salamenta, General Manager -SMG, responded to questions regarding funding for capital improvements for the Convention Center and Selena Auditorium. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 21.a. FIRST READING ORDINANCE Appropriating $26,124.47 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $26,124.47. The foregoing ordinance was passed and approved an its first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Loeb was absent. 21.b. . FIRST READING ORDINANCE Appropriating $268,000 from reserved fund balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures for the American Bank Center; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $268,000 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Loeb was absent. -8- Minutes - Regular Council Meeting February 28, 2012 Page 9 21.c FIRST READING ORDINANCE Appropriating $305,279.91 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $305,279.91. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Loeb was absent. 21.d. FIRST READING ORDINANCE Appropriating $100,000 from unreserved fund balance of the No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concessions; and changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing revenues by $50,000 and expenditures by $150,000. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Loeb was absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 22 - 30). Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on Item Numbers 22 through 30. 22. Motion authorizing the City Manager or designee to execute Amendment #7 to a Contract for Professional Services with KSA Engineers, Inc. of Longview, Texas, in the amount of $201,800.00 for a re- stated total of $2,387,216.95 for the Corpus Christi International Airport Runway 13 -31, Runway Extension Safety Mitigation Project for additional engineering and design work. 23. Motion authorizing the City Manager or designee to execute a Construction Contract with Grace Paving & Construction, of Corpus Christi, Texas in the amount of $2,719,256.42 for Wooldridge Road from Rodd Field Road to Quebec for the Base Bid (Bond 2008). 24. Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in an amount of $353,425.00 for Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements for the Base Bid and Additive Alternate No. 1. 25. Motion authorizing the City Manager or designee to execute Amendment No. 1 to a Contract for Professional Services with HDR, Inc. of Corpus Christi, Texas, in the amount of $142,000 for a total re- stated fee of $244,250 for the Downtown Streets — Chaparral Project for street signalization. —9— Minutes - Regular Council Meeting February 28, 2012 Page 10 26.a. Motion authorizing an amendment to the agreement between the City of Corpus Christi, Texas and Redflex Traffic System, Inc. for Photo Red Light Enforcement Program. 26.b. Motion executing a Standard Form Citation Verification Services Program Agreement between the City of Corpus Christi and Redflex Traffic Systems, Inc. 27. Case No. C1001 -02A, Vista del Mar Irrigation Company: The applicant is requesting a time extension for a previously granted Special Permit. The subject property, Tract 1, consists of approximately 1,230 acres that are located on the south side of the Nueces /Kleberg County lines and along both sides of South Padre Island Drive (Park Road 22). Planning Commission and Staff's Recommendation: Approval of the request to extend the Special Permit for two (2) years. 28. Zoning Case No. 1111 -01, Bettie L. Barr: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "iL" Light Industrial District, resulting in a change of future land use from commercial use to a light industrial use. The property to be rezoned is Don Patricio Subdivision, Block S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road. Planning Commission and Staffs Recommendation: Denial of the change of zoning from "CG -2" General Commercial District to the "IL" Light Industrial District and in lieu thereof approval of a "CG -2" General Commercial District with a Special Permit "SP" subject to five (5) conditions, without resulting in a change of future land use from commercial use to a commercial use with a special permit. 29. Zoning Case No. 0112 -01, Yorktown Oso Joint Venture: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single- family 4.5 District, resulting in a change of future land use. The property to be rezoned is Flour Bluff and Encinal Farm and Garden Tracts, Section 25, 7.566 acres out of Lot 29, south of Yorktown Boulevard and east of Rodd Field Road. Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. 30. Zoning Case No. 0112 -03, Vishal Hotel, LP: The applicant is requesting a change of zoning from "IL" Light Industrial District to "CG -2" General Commercial District, not resulting in a change of future land use. The property is described as Byron Willis Subdivision, Block 2A, Lot J, located south of South Padre Island Drive (State Highway 358), east of Weber Road and west of Flynn Parkway. Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "CG -2" General Commercial District. UPDATES TO CITY COUNCIL MayorAdame referred to Item No. 32, Street Maintenance Funding Plan Overview. Assistant City Manager Oscar Martinez provided an overview of the proposed schedule of Council workshop sessions to be held on March 20th, March 27th, April 10th; April 17th; and April 24th and discussion items to implement the final street improvement financing plan. Minutes - Regular Council Meeting February 28, 2012 Page 11 PUBLIC COMMENT Robert Swize, Vice President of Gulf Compress, spoke regarding providing business support an the issue of street repair funding; Assistant City Manager Rudy Garza publically thanked the City Council, City Manager Olson and previous administration for their working relations during his time at the City; Abel Alonzo spoke regarding Assistant City Manager Garza's work with the City and wished him the best in his future endeavors. CITY MANAGER COMMENTS There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:16 p.m. on February 28, 2012. 2 a. COMMITTEE FOR PERSONS WITH DISABILITIES — Four vacancies with terms to 2- 01 -14. 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. MEMBERS *Thomas Dreyer *****Abel Alonzo Harvey Salinas Sabrina Ramirez Alana Manrow *Maria Bertha Romero *Irene Martinez Carlos Vargas, Chair Darren Bates, Vice -Chair Park & Recreation Director Human Relations Director Building Official TERM 2-01-12 2 -01 -12 2 -01 -13 2 -01 -13 2 -01 -13 2 -01 -12 2 -01 -12 2 -01 -13 2 -01 -13 Ex- officio Ex- officio Ex- officio Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ORIGINAL APPTD. DATE 2 -19 -08 7 -12 -05 2 -20 -07 4 -12 -11 8 -31 -10 2 -09 -10 2 -19 -08 11 -11 -08 3 -09 -10 (The Committee for Persons with Disabilities would like to recommend the reappointments of Thomas Dreyer, Irene Martinez, and Bertha Romero. The Committee would also like to recommend the new appointment of Mary E. Wambach, and Lillian Taylor as an alternate choice.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Thomas Dreyer M. Bertha Romero Irene Martinez NO. OF MTGS. THIS TERM 12 12 12 NO. PRESENT 10(2exc) 5(2exc) 8(4exc) — 1 5— % OF ATTENDANCE LAST TERM YEAR 83% 42% 67% • INDIVIDUALS EXPRESSING INTEREST: Marshall Burns Stephanie Cloutet Donnie Contreras Larisa Ford, Ph.D., MPA William M. Kramer, Jr. Mobility Coordinator, Corpus Christi Regional Transportation Authority. Received a BA in Psychology from Texas A &M University - Corpus Christi. Activities include: Served on Regional Committee for Accessible Transportation (RCAT), and Easter Seals' Foundation's Accessible Transportation Coalition Initiative Access Team. (2106112) Recent college graduate, housewife. Received BBA in Business Management at'Baylor University. (7126/11) CEO /Owner, Piclidix, Inc., dba The Petal Garden Nursery, Landscape and Floral Boutique. Retired Academic Instructor and Division Chair of the Kinesiology and Health Science Division at Coastal Bend College, Beeville, Texas. Activities include: Regional Committee for Accessible Transportation (RCAT), and graduate of Leadership Beeville County. Former member Corpus Christi Advisory Committee that formed the CC Regional Transit Authority, also, served on several Beeville ISD Educational Advisory committees. (2107/12) Senior Biologist, U.S. Fish & Wildlife Service. Received a B.S. in Marine Biology from Texas A &M University - Galveston, an M.S. in Microbiology from Texas A &M University - College Station, a Ph.D. in Veterinary Microbiology (Minor: Fisheries) from Louisiana State University and a Masters of Public Administration (Environmental Track) from Texas A &M University - Corpus Christi. Former Educator, Sinton ISD. Certified Fisheries Scientist, Certified Open Water SCUBA Diver. Activities include: Served as a Special Emphasis Program Coordinator for Disabilities at U.S. Fish & Wildlife Southwest Region 2, former Coordinator for the Youth Conservation Corp Program at Aransas National Wildlife Refuge, International Association for Aquatic Animal Medicine, World Aquaculture Society, American Society for Microbiology. Coached Corpus Christi Little League Boys & Girls basketball. (1103111) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117/11) Anthony John Mulheron Joel S. Mumphord Michael Rivera Mary Helen Salazar Abel A. Sanchez Lillian Taylor Mary E. Wambach Quality Control Inspector, 13. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5102/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28111) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently endorses and volunteers for Pulmonary Hypertension Association. (12/06111) Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (218/11) Retired from U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient Clinic and Golf Marshall at NAS -CC Golf Course. (4112/11) Administrative Assistant, Coastal Bend Center for Independent Living (CBCIL). Works with people with disabilities on a daily basis. (3106112) Executive Director, The Deaf and Hard of Hearing Center, Corpus Christi, TX. Received a BA in Psychology from New York University, N.Y.C., Attended Rochester Institute of Techonology, Rochester, NY. Previous activities include: Assn. of Indep. Living Centers in NY, Dutchess County N.Y. Human Rights Commission, National Council on Independent Living, Massachusetts Governor's Advisory Committee on Disability, MA Council on Human Service Providers, Maricopa County AZ Workforce Connections, City of Phoenix, E.O.D./Compliance and Enforcement Div. -- ADA Consultant, City of Phoenix, Youth Diversity Grant Review Team, County of San Diego, Long -Term Care /Mental Health Committee, United Way of Rhode Island, RI State Rehabilitation Commission, RI Developmental Disabilities Council/Cross Disability Network, Co- Founder: RI Voices for Equal Representation (RIVER). Previous colleague of TX. Dept. of Assistive & Rehabilitative Services (DARS), Sorenson and PURPLE Communications, CSD, Z and other entities. (12119111) b. ELECTRICAL ADVISORY BOARD — One vacancy with term to 12 -31 -13 representing the category of Master Electrician. DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician licenses, preparation and grading of examinations for each classification of electrician required to be examined; to prescribe the manner and sequence of examinations; to revoke or _ suspend license on proof of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code. An applicant who fails an examination three times may appeal to the City Manager to appoint a special board to examine said applicant. COMPOSITION: Ten (10) persons appointed by the City Council: two (2) persons with at least five years active experience as a master electrician; one (1) person with at least five years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of five years experience in electrical engineering; one (1) person with five years experience in the commercial building industry; one (1) person with five years experience in the home building industry; and one (1) member, resident of Corpus Christi, not connected with the electrical industry.; one (1) field representative from a utility power distribution company; and one (1) person in the electrical supply business. Six (6) members of the Board constitute a quorum, and concurring vote of not less than six (6) members is necessary to constitute an official action of the Board. ORIGINAL MEMBERS TERM APPTD. DATE * * * * *Florentino Vasquez (Master Elec.) 12 -31 -11 12 -20 -05 Michael S. Riley (Master Elec.) 12 -31 -12 1_23 -07 Billy Ashcraft (Utility Power Dist.) 12 -31 -12 1 -23 -07 Bhaskar Patel (Not conn. to elec. industry) 12 -31 -12 1 -23 -07 Jesse Gatewood (Journeyman Elec) 12 -31 -12 1 -11 -11 Jared M. Merdes, P.E. (Reg. Prof. Engineer) 12 -31 -13 3 -25 -08 David Schury (Commercial Builder) 12 -31 -13 2-12-08 William Kevin Pitchford (Home Builder) 12 -31 -12 1 -13 -09 Steven Deases (Electrical Eng) 12 -31 -12 1-11-11 Don Fretwell (Electrical Supply Business) 12 -31 -12 1 -23 -07 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Electrical Advisory Board is recommending the new appointment of Kevin Martinez as Master Electrician.) INDIVIDUALS EXPRESSING INTEREST: Jonathan Barlow Shawn P. Bodine William M. Kramer, Jr. Kevin L. Martinez Parking Lot Attendant. Volunteers with Texas State Aquarium. (514111) Project Manager, Flint Hills Resources. Received B.S. in Electrical Engineering from Texas A & M University — Kingsville and MBA from University of Utah. Activities include: Project Management Professional; Certified LEED Professional; Class A & B California Contractors License; and P.E. in Texas and other states. Former member of Texas Society of Professional Engineers; Project Managers Institute; Builders Association. (6108111)(Reg. P.E.) Agent, Kramer Insurance Agency. Received a Bachelor's in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Electrician, Scott Electric. Attended Del Mar College. Has worked in electrical industry and held Master Electrician license for past twenty years. Activities include: United Way and fundraisers for Hamlin Middle School. (Master Electrician) (12116111) c. ISLAND STRATEGIC ACTION COMMITTEE — Six vacancies with terms to 3 -23 -15 representing the following categories: Residential Property Owner, Architect or Professional Engineer, Realtor, Construction Contractor, Environmental Group, and At Large. DUTIES: To advise the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. The Committee shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1- member of the Padre Isles Property Owners Association, who has been nominated by the association; 1- residential property owner who owns property and resides on Mustang or Padre Island; 1- commercial property owner who owns property and operates a business on Mustang or Padre Island; 1- developer of property on Mustang or Padre Island; 1- member of the Padre Island Business Association, who has been nominated by the association; 1- architect or professional engineer, who does work on projects on Mustang or Padre Island; 1- realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group; 4- at large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at -large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex- officio advisory member of the action committee without vote: PIanning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention. and Visitors Bureau. Of the initial members, seven (7) members shall serve a three - year term and six (6) members shall serve a two -year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. MEMBERS David A. Kurz (Padre Isles Prop. Owners Assoc.) *J.J. Hart (Residential Property Owner) Gregory Smith (Commercial Property Owner) Paul Schexnailder (Developer) John A. White, Sr. (Padre Island Business Assoc.) * *Ronald A. Voss (Professional Engineer) *Gabriele Hilpold (Realtor),Chair *Alex H. Harris (Construction Contractor) *Charles Mader (Environmental Group) Jyoti R. Patel (At Large) Colleen McIntyre (At Large) John Trice (At Large) *James Needham (At Large) ACM, Development Services Director, Economic Development Keith Arnold, CC Cony. & Visitors Bureau Jay Gardner, Watershore and Beach Advisory Cmtee. Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance '**Has * * °Has met six -year service (imitation TERM 3 -23 -13 3 -23 -12 3 -23 -13 3 -23 -13 3 -23 -13 3 -23 -12 3 -23 -12 3 -23 -12 3 -23 -12 3 -23 -13 3 -23 -13 3 -23 -13 3 -23 -12 Ex- Officio, Non - Voting Ex- Officio, Non - Voting Ex- Officio, Non - Voting Ex- Officio, Non - Voting ORIGINAL APPTD. DATE 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 11 -08 -11 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 3 -23 -10 (The Island Strategic Action Committee is recommending the new appointment of William Goldston representing Professional Engineer. They are also recommending the reappointments of J.J. Hart (Residential Property Owner), Gabriele Hilpold (Realtor), Alex Harris (Construction Contractor), Charles Mader (Environmental Group), and James Needham (At Large)). _20_ ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR J. J. Hart (Res. Prop. Owner) 12 9 75% Gabriel Hilpold (Realtor) 12 9 75% Alex Harris (Constr. Contr.) 3 3 100% Charles Mader (Environ. Grp) 12 8 67% James Needham (At Large) 12 11 92% INDIVIDUALS EXPRESSING INTEREST: Stephanie Cloutet William F. GoIdston, P.E. William M. Kramer, Jr. Taylor Mauck Lyle Smitson Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (At Large) (7/26111) Owner, WFGCON, PLLC. Received a BS in Civil Engineering from Texas A &M University - College Station, an MS in Civil Engineering and an MS in Soil Mechanics, from The University of London, and Diploma of Membership to Imperial College of Science and Technology, London, England. Registered as Professional Engineer in Texas. Activities include: Island United PAC, Padre Island Business Association, American Society of Civil Engineers (Chair, TX Section), TX Society of Professional Engineers, Consulting Engineers Council of TX, The Center for Ports and Waterways, The Hundred Club of Corpus Christi, YMCA of Corpus Christi, CC Bay Area National Estuary Plan, Citizens Advisory Committee, Gulf Coast Conservation Assn., DARE, Inc., CB Bays Foundation, Rotary Club of Corpus Christi, Chancellor's Advisory Council -- TAMU, President's Advisory Council, TAMU -CC. (Professional Engineer) (Residential Property Owner) (At Large) (2/29/12) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (At Large) (6117111) Project Architect, Island Architects, Inc. Received Bachelor of Fine Arts in Architecture from University of Texas -San Antonio. Former member of Zoning Board of Adjustment. Activities include: Texas Society of Architects and American Institute of Architects. (Architect) (At Large) (4114111) Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (Construction Contractor) (Residential Property Owner) (At Large) (4/27111) —21— Rick Sowash Jodi Steen Mary Lou White William E. Yeager Mark Young Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute -SRA. (Residential Property Owner) (At Large) (513111) President, JRS Ventures, Inc./Newport Custom Homes. Received BBA in Finance and Marketing. Graduate of Leadership Corpus Christi. Currently Serves on the Corpus Christi Community Improvement Corporation/Loan Review Committee. Activities include: Art Museum of South Texas. Formerly Served on Builders Association of Corpus Christi. (Construction Contractor) (Residential Property Owner) (Commercial Property Owner) (At Large) (3/08112) Sales Associate, Caldwell Banker Island, Realtors. Received BBA in Finance from Southern Methodist University. Has 25 years experience working as a Homebuilder, Developer and Property Manager. Affiliations include: Corpus Christi Association of Realtors, Builders Association of Corpus Christi, and Padre Island Business Association: (Realtor) (Developer) (Residential Property Owner) (At Large) (3/13112) Federal Law Enforcement Officer and Air Interdiction Agent, United States Department of Homeland Security and Customs and Border Protection. Retired, United States Navy Commander. Activities include: Boy Scouts. (Residential Property Owner) (At Large) (6117111) Manager, Nueces County Water Control and Improvement District No. 4. Supplier of water and wastewater services for Mustang Island including area in Corpus Christi city limits. .(Residential Property Owner) (Environmental Group) (At Large) (10131111) d. NORTH PADRE ISLAND DEVELOPMENT CORPORATION — Five vacancies with terms to 12- 31 -13. DUTIES: To manage the Reinvestment Zone No. Two and implement the project and financing plan. COMPOSITION: Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, with or without cause, by the City Council of the city. MEMBERS TERM Joe Adame 12 -3141 Chris N. Adler, President 12 -31 -11 Linda Strong 12 -31 -11 John Marez 12 -31 -12 Kevin Kieschnick 12 -31 -11 Larry Elizondo 12 -31 -11 Nelda Martinez, Vice President 12 -31 -12 Priscilla Leal 12 -31 -12 Mark Scott 12 -31 -12 e. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE — One vacancy with term to 6 -16 -12 representing At Large. (Since the term ends on 6- 16 -12, it is recommended the appointment be fora new two-year term ending 6- 16 -14). DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ( "RSVP ") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non- profit agency that operates a RSVP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE Donna Anne Kinney (RSVP Volunteer) 6 -16 -13 4 -12 -11 Margaret A. Ramsey (RSVP Vol. Station) 6 -16 -12 6 -16 -09 Jennifer Larivey (At Large) 6 -16 -12 2 -22 -11 Arthur Carrillo (At Large) 6 -16 -13 2 -22 -11 Ruby Cantu (At Large) 6 -16 -13 1 -10 -12 Mildred McDonel (At Large) 6 -16 -13 6 -16 -09 ** *Linda Cantu (At Large) 6 -16 -12 2 -22 -11 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Jonathan Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (At Large) (5/4111) Joe Benavides William M. Kramer, Jr. Sylvia T. Portales Mary Helen Salazar Abel A. Sanchez Community Ambassador, SUPERIOR HealthPlan. Received an A.S. in Business Administration and a B.S. in Business Management and Human Resources from Park University. U.S. Marine Corps (RET), 22 years. Activities include: Corpus Christi Literacy Council, Westside Business Assn., Crosstown Kiwanis Club, Joe A. Gonzalez's "Education Is Our Freedom" GED College Scholarship Award Program, Marine Corps League of the Coastal Bend, and American Legion. (At Large) (1118112) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (At Large) (6117/11) Retired. Formerly Senior Appraiser, Nueces County Tax Appraisal District. Attended Durham's Business School. Activities include: Hispanic Women's Network of Texas, and Volunteer at Senior Centers. Recipient of Ms. Congeniality in Ms. Coastal Bend Senior Pageant. (RSVP Volunteer) (At Large) (4112/11) Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (At Large) (218111) Retired from U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient Clinic and Golf Marshall at NAS -CC Golf Course. (At Large) (4112111) -25- 3 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/9/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com, (361) 826 -3729 Fred Segundo; Director of Aviation FredS @cctexas.com, (361) 289 -0171 Approval of Amendment to Professional Services Contract: Corpus Christi International Airport Runway 13 -31, Runway Extension Safety Mitigation CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to a Contract for Professional Services with KSA Engineers, Inc. of Longview, Texas, in the amount of $201,800.00 for a re- stated total of $2,387,216.95 for the Corpus Christi international Airport Runway 13 -31, Runway Extension Safety Mitigation Project for additional engineering and design work. BACKGROUND AND FINDINGS: This project will consist of the construction of five taxiways (B -3, B -4, B -5, B -6 and B -7) as identified in the Taxiway Utilization Study. This study provided several recommendations to improve the operational safety and efficiency of Runway 13 -31 including the removal of three connecting taxiways and replacement with the above taxiways (including one high speed taxiway). The scope of work includes: Removal of existing taxiway paving as identified in the Taxiway Utilization Study; Grading and modifications to drainage facilities serving several infield areas; and - Installation of new LED taxiway edge lighting and signage to support these taxiway modifications. Plan drawings, specifications and bid items associated with this work will be integrated into the Runway 13 -31 Extension /Shift Project contract documents as an add - alternative to the base bid. ALTERNATIVES: Several alternatives were evaluated as part of the Taxiway Utilization Study; they consisted of different taxiway configurations. This study followed a systematic approach with a goal to improve the safety and efficiency of the taxiway network. The selected configuration was determined to be most efficient while improving safety. OTHER CONSIDERATIONS: The additional taxiways (B -3, B -4, B -5, B -6 and B -7) will be bid as additive alternatives to address potential funding shortfall since FAA will only fund safety related improvements. The remainder will be funded under the Airport Capital Improvement Program as warranted by the actual bids received for the additive alternates. CONFORMITY TO CITY POLICY: _2g_ Conforms to statutes regarding Request for Qualifications process; FY 2011 -12 Capital Budget, EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: CIP Fiscal Year: 2011 4012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $720,000 $450,000 $17,870,000 - $19,040,000 T $720,000 $201,800 $18,118,200 Encumbered / Expended Amount $720,000 This item $201,800 BALANCE m. $248,200 $17,870,000 : Airpo Comments: Construction is scheduled to begin February 2013. RECOMMENDATION: City Staff recommend executing Amendment No. 7 to a Contract for Professional Services .with KSA Engineers, Inc. of Longview, Texas, in the amount of $201,800.00 for a re- stated total of $2,387,216.95 for the Corpus Christi International Airport Runway 13 -31, Runway Extension Safety Mitigation Project for additional engineering and design work. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, . Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager PROJECT BUDGET Runway 13 -31. - Infield Taxiway Connectors Project No. E11047 February 28, 2012 FUNDS AVAILABLE: Airport CIP Reserves (Estimated) $5,441,800.00 FAA CIP Grant $17,194,500.00 Total Funds Available $22,636,300.00 FUNDS REQUIRED: Construction: (Estimate) Runway 13 -31 $14,101,900.00 Construction (Est.) Infield Taxiway Connectors/Runway 13 -31 . $6,220,500.00 Contingencies $622,050.00 Consultant Fees: Consultant - (KSA Engineers, Inc.) * Consultant - (KSA Engineers, Inc.) Amendment 7 (This Item) Materials Testing Reimbursements: Contract Administration (Contract Preparation /Award/Admin) Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) Finance Issuance Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE *Original Contract approved by City Council May 17, 2011. $868,000.00 $201,800.00 $124,410.00 $171,063.75 $217,717.50 $77,756.25 $31,102.50 $22,636,300.00 $0.00 File : \Mpro act councilexhibits\exhE11047.dw CORPUS C.MRISIT say LOCATION MAP Ivor TO WALE ;1 S CHRISTI --g ilTERNATiONN. lc''AirtPdrir I MCGLOIN ROAD PROJECT* E1104T SITE PLAN NOT 70 SCALE 6 LANE Corpus Christi international Airport Runway 13-31 Runway Extension CITY COUNCIL EXHIBIT CffY OF CORPUS CHRISTI, DEPARTMENT OF ENGINEERING STRIVES PAGE: 1 of 1 OM, l■ MIMI =MP ■•■•■•10■10 AMENDMENT No. 7 To AIE AGREEMENT For ARCHITECT /ENGINEER CONSULTANT SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY "), acting through its duly authorized City Manager or designee ("City Engineer"), and KSA ENGINEERS, INC., a Texas corporation or partnership ( "CONSULTANT "), acting through its duly authorized representative who is Joncie H. Young, President which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "CONSULTANT' to provide services in connection with City's project, described as follows: CCIA Runway 13 -31 - Runway Extension (_Project No. E11047) ( "PROJECT "). (Supplement to Task Order No. 4) 2. SCOPE OF WORK: "CONSULTANT' shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A ". 3. FEE: The "CITY" agrees to pay the "CONSULTANT' for services provided in accordance with Exhibit "A ", Scope of Services and Fee Schedule under this AGREEMENT, a revised fee not to exceed $201,800.00 (Two Hundred One Thousand Eight Hundred Dollars and Zero Cents) and a total restated fee not to exceed $2,387,216.95 (Two Million Three Hundred Eighty Seven Thousand TWo Hundred Sixteen Dollars and Ninety -Five Cents). See Exhibit 4. DISCLOSURE OF INTEREST — AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C" All other terms and conditions of the May 17, 2011 contract, as amended, between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager RECOMMENDED (Date) Daniel Biles, P.E. - (I actor of Engineering Services Date) v 0 ce o Management and Budget (Date) ATTEST Armando Chapa, City Secretary KS ' INEERS, IN yler Str gview, Texas +1 (972) 542 -2995 Office (972) 542 -6750 Fax Ni 4045 hal 0? ENTERED (01 51'1) FEB 10 2012 CCp^1n �rj[R Project Number: E11047 Funding Source: 550950- 3020 - 00000- G47E11047 �Arnount: $191,710.00 Funding Source: 550950- 3020B- 00000 -G47E 11047 Amount: $10.090.00 Encumbrance Number: K1Enginearing pataExahangelClarissaM rport1E11 047 - CCIA Runway 13-31 Runway Ex ergica Amendment No. AMENDMENT No. 7.docx Amendment No. 7 Supplement to Task Order No. 4 In accordance with this Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, constituting authorization by the CITY for the Engineer to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific. Project Data A. Title: Infield Taxiway Connectors/.Runway 13 -31 Project B. Description: This project will consist of the following items: 1. Construct Taxiways B -3, B -4, B -5. B -6 and B -7 as identified in the Taxiway Utilization Study; 2. Remove existing taxiway paving as identified in the Taxiway Utilization Study; 3. Grade and modify drainage facilities serving the infield area between Taxiway B and Runway 13 -31 and the area affected by the construction of Taxiway B -4 and B -6; 4. Install appropriate LED taxiway edge lighting and signage to support these taxiway paving modifications; 5. All work to be designed to be in full compliance with all FAA design and construction standards; 6. Plan drawings, specifications and bid items associated with this work to be integrated into the Runway 13 -31 Extension/Shift Project (Task Order No. 4) contract documents as an add - alternative to the base bid. 2. Services of Engineer. CRP -017M Services to be performed by the Engineer in this Task Order are listed below and described in Exhibit A of this Contract. 1. Amend Preliminary Engineering Report Phase 2. Preliminary Design Phase 3. Final Design Phase 4. Bidding Phase Note: This Task Order does not include Construction Phase or Post - Construction Phase services or fees. Fees associated with the Bidding Phase are included in Task Order No. 4. —34— AMEND. NO. 7 EXHIBIT "A" Paae 1 of 2 • 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. 4. Time for Rendering Services Service Completion Date 1. Preliminary Engineering Report Phase (Update) 15 April 2012, 12:00 :00 pm CDT 2. Preliminary Design Phase 15 April 2012, 12:00:00 pm CDT 3. Final Design Phase 1 August 2012, 12:00 :00 pm CDT 4. Bidding Phase Advertise 1 November 2012, 12:00 :00 pm CDT 5. Payments for the Engineer CRP -017M In return for the services described above, the CITY shall pay the Engineer as described below. The total cost of all services provided under this Task Order will not exceed $ 201,800.00 without prior written approval by the CITY. Service 1. Preliminary Engineering Report Phase: 2. Preliminary Design Phase: 3. Final Design Phase: 4. Bidding Phase: Fees $ 4,800.00 $ 98;500.00 $ 98,500.00 $ 0 00 TOTAL FEES ' .$201,800.00 —35 AMEND. NO. 7 EXHIBIT "A" ` Paoe 2 of 2 EXHIBIT B (EXHIBIT B -7) FEE SCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL AIE SERVICES CITY OF CORPUS CHRISTI FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS Original Contract TASK FEE Task Order No. 1 — Preparation. of Environmental Assessment $161,649.00 Task Order No. 2 — AGIS Airspace Anal sis and Data Submittal /U•load $286,416.00 $566,000.00 Task Order No. 3 -- Runway 17 -35 Extension /Displacement and Connecting Taxiway Project Task Order No. 4/1000' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project $720,000.00 Task Order No. 4A/600' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project $148,000.00 Task Order No. 5 — Taxiway Utilization Study $80,196.001 $1,962,261.00 Total Original Project Fees Amendment No. 1 Topographic Survey, Plats, Metes & Bounds for Right of Way Acquisition for Access to Relocated Approach Lighting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron $49,400.00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1) $4,028.45 Amendment No. 5 Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) $100,000.00 Amendment No. 6 Infield Taxiway Connector /Runway 17 -35 Project (Supplement to Task Order No. 3) $40,000.0C -36- AMEND. NO. 7 EXHIBIT "B" Pale 1 of 2 Amendment No. 7 $19,680.00 $19,680.00 $16,925.00 Total Fee Infield Taxiway Connectors /Runway 13 -31 Project (Supplement to Task Order No. 4) Total Fee $201,800.00 Amended Total Fee $2,387,216.95 ADDITIONAL CONTRACTS T-r -I B 1. -- -• I - i• --S- - 1 ` -II- • D- $19,680.00 $19,680.00 $16,925.00 Total Fee Corpus Christi international Airport Jetway Bridge Holding Position. Markin•s & Diversion Aircraft Parkin. La out Total Fee $16,925.00 —37— AMEND. NO. 7 EXHIBIT "B" Page 2 of 2 SUPPLIER R INRI :4n34R Y 7O fit JSIGN_DE I'nV ==.. PURCHASING DIVISION City: of Corps, Chrrsr:i CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112... as amended, requires all persons or firsts seeking to do busyness with. the City to provide the following. u ini'ormatton. Ever question must be answered. If the question is not applicable, answer with "NA `. See reverse side for Filing Requirements. Certifications and definitions. COMPANY Neil' E: K5- .Rn y � P, OE BOX: r [[' STREET ADDRESS: f a e.. _If' , 6:00 CITY: FIRM 1S: 1, , Corporation 3. Partnership 4. Association 5. Other TY ZIP: T/ EZe 3. Sole Owner E DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pane.or attach separate sheet. I. Stars the names of each "employee" of the City of Corpus Christi havin an "ownership interest' constituting 3% of more of the ownership in the above named "firm. Name NJ A- Department (if known) Job Ilt.le and City 2. State the names of each "official" of the City of Corpus Christi haying an "ownership interest`. constituting 3% or more of the ownership in the above named "first." Title 3. State the names of each "board member" of the City of Corpus Christi having- an 'ownership interest" constituting 3% or more of the 'ownership in the above named "firm."y (Name Committee Board. Commission or 4. State the names of each employee or officer of "consultant" for the City of Corpus Christi who worked on any matter re:lated to the subject: of this contract and has an "ownership interest" constituting 3% or inure oFthe ownership in the above named "firm." fi Consultant FILING REQUIREMENTS Li a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or erploy,ee that is distinguishable from the effect that the .action will have ott members of the public in general nr a substantial segment thereof, you shall disclose that f ict.in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest attic CityoflErin] or employee in the matter is apparent. The disclosure shall also be made in a signed writing, fled with the City Secretary. Ethics Ordinance Section .1-3.49 (d)j CfRTfF I CATION I certify that all information provided k true and correct as or the date of this statement. that have not Inowinnly withheld disclosure. of any information requested: and that supplemental statements Wilt he promptly submitted to the City of Corpus Christi, Texas as chimges occur. Certifying Person: ,',L_ Mot. ur P'rinti . Sigiiafure of Certifying 7 . Date: Person: YDEFINI1 NS a. "Board member.- .4 number of any board. commission, or com3iittee appointed by the City Council cal the City of Corpus Christi. 'Texas. b. -Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members oldie public in general ora substantial sew tart thereof. c. • -Employee.- Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis. hut not as an independent contractor. d. "Firma.'' Any entity operated for economic gain, whether professional. industrial or commercial_ and .whether established to produce or deal with a product or service. including but not limited to. entities operated in the farm of sole proprietorship, as self - employed person, partnership, corporation.. joint stoe.k company, joint venture, receivership or trust. -and entities yvhirli for purposes of taxation are treated as non-profit organizations, e. "Official." The Mayor, members of the C_ it ' Council, City Manager. Deputy (.'ity ildnnager, Assistant City Managers, Department and Division Heads; and Municipal Court .Judges of the City of Corpus Christi. Texas. (. "t)wnership interest.- Legal or equitable interest., whe ficr actually or constinCtively held. in a firm, including when such interest is held through an agent. trust. estate, or 1lnitliiag entity. "Constructively held" refers to holdings or control established through voting heists. proxies..or special terms of venture or partnership agreements.'. g. -Consultant,- Any person or firm, such as engineers and architects, lured by the City of Corpus Christi for the purpose of professional consultation and recommendation. 4 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Service foster @cctexas.com (361) 826 -1801 Approval of Construction Contract: Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $353,425.00 for Greenwood Wastewater Treatment Plant Lift Station Force Main Improvements for the Base Bid and Additive Alternate No. 1. BACKGROUND AND FINDINGS: The proposed project is funded through City of Corpus Christi Wastewater Department's FY 2011 -2012 Operating. Budget. The contract has bid and City Council approval is required for construction to commence. The project consists of rehabilitating the existing plant lift station force main from the lift station to the influent structure. On February 2, 2012, the City received proposals from seven (7) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate No.1 Associated Construction Partners, LTD Boerne, Texas $348,425.00 $S,DDO.OQ Jhabores Construction Corpus Christi, Texas $356,485.00 $15,000.00 Clark Pipeline Corpus Christi, Texas $381,146.05 $5,352.00 ALTERNATIVES: Additive Alternate No. 1 consists of providing and installing safety grates at two existing access hatches. —43- K:hENGINEERING DATAEXCMANGEIVELMAP \WASTEWATER1E090D5 (7445) GREENWOOD W TP LIP 1 s 1 ,TION IMPS%CONSTRUCTION FEB 201211 AGENDA ITEM.DOCX OTHER CONSIDERATIONS: The City's consultant, Urban Engineering, conducted a bid analysis of the seven proposals submitted to the City. The lowest bidder based on the Total Base Bid is Associated Construction Partners, LTD of Boerne, Texas. Based on the information submitted for Special Provisions. A -28, A -29, and A -30, Associated Construction Partners, LTD. has the experience and resources to complete the project. Urban Engineering recommends that the City award the Base Bid plus Additive Alternate No. 1 in the amount of $353,425.00 to Associated Construction Partners, LTD. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2011 -2012 Wastewater Operating Budget. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $400,365.00 $400,365.00 Design / Expended Amount $46,940:00 - $46,940.00 This item $353,425.00 $353,425.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating Comments: The project requires 160 calendar days, with anticipated completion approximately October 2012. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. . RECOMMENDATION: City staff and Urban Engineering recommend that the construction contract be, awarded to Associated Construction • Partners, LTD. of Boerne, Texas in the amount of $353,425.00 for the Greenwood Wastewater Treatment Plant Lift Station Force Main improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —44-- KIENGINEERING DATAEXCRANGEIVELMAPIWASTEWATER4lr09005 (7445) GREENWOOD WWTP LIFT STATION IMPSICONSTRUCTION FEB 201211 AGENDA ITEM.DOCX PROJECT BUDGET GREENWOOD WASTEWATER TREATMENT PLANT LIFT STATION FORCE MAIN IMPROVEMENTS Project No. E09005 February 28, 2012 FUNDS AVAILABLE: Wastewater Operating (2011 -2012) $466,632.19 FUNDS REQUIRED: Construction (Associated Construction Partners, LTD) Base Bid + Add. Alt. No. 1 $353,425.00 Contingencies (10 %).. 35,342.50 Consultant Fees: Consultant Design (Urban Engineering) * 39,930.00 Construction Observation Services (Urban Engineering) ** 7,010.00 Construction Materials Testing (Allowance) 7,068.50 Reimbursements:. Contract Administration (Contract Preparation /Award /Admin) 9,719.19 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)...... 12,369.88 Misc. (Printing, Advertising, etc.) 1,767.13 TOTAL $466,632.19 * Consultant Contract awarded administratively on November 29, 2011. ** Construction Observation Services included in Urban Engineering's consultant contract. -45- File : \Mproject council exhibits \ exhE09005c. d wg 'ue�es .1Y "id tC t) 7S.fi y up°unty v AGNES la °m S INTERNAIIDNAL A' e AIRPORT NOGLDN RD. W, PDlNT h . CORPUS B.Ly LOCATION MAP NOT TO SCALE R 4 PROJECT # E09005 SITE PLAN NOT TO SCALE GREENWOOD WASTEWATER TREATMENT PLANT LIFT STATION FORCE MAIN IMPROVEMENTS -46- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: toff __ !Mr MN D 5 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/14/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com, (361) 826 -3729 Approval of Amendment to Professional Services Contract: DOWNTOWN STREETS - CHAPARRAL (STREET SIGNALIZATION FOR TWO WAY CONVERSION) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No 1 to a Contract for Professional Services with HDR, Inc. of Corpus Christi, Texas, in the amount. of $147,000 for a total re- stated fee of $244,250 for the Downtown Streets -- Chaparral Project for street signalization. BACKGROUND AND FINDINGS: The original project scope includes preparation of traffic signal plans, technical specifications, summary of quantities, and estimate of probable cost for three intersections; ChaparrallWilliam, Chaparral /Lawrence, and Chaparral /Schatzel. The signals shall accommodate two way traffic. The plans and technical specifications will be provided to Gignac and Associates for inclusion in the overall Chaparral Street Improvements project. Traffic Signal hardware shall be selected by Gignac and Associates. This amendment modifies the original scope to include the sections of Chaparral from Cooper's Alley to William and from Schatzel to IH -37. This will ensure orderly traffic flow and pedestrian safety along the entire length of Chaparral. This amendment also adjusts signals for two way traffic and installs push button pads with features for the visually impaired. ALTERNATIVES: 1. Proceed with executing Amendment No. 1 with HDR Engineering as recommended to ensure traffic and pedestrian safety. 2. Do not proceed as recommended. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. RFQ No. No. 2008 -05 Bond Issue 2008 and Other Projects was distributed on September 19, 2008 to 206 firms. The firms' qualifications were reviewed by a Selection Committee. On February 25, 2010, Gignac Architects was selected to provide Architect /Engineer Consultant Services for the Downtown Streets - Chaparral. HDR Engineering Inc. of Corpus Christi, Texas is -49- part of the Gignac Team as a sub consultant. During negotiations with Gignac it was determined to be most advantageous to the City for the signal design to be issued as a separate contract with HDR Engineering. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2011 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $91,600.00 $500,000.00 $408,400.00 $1,000,000.00 Encumbered / Expended Amt $91,600.00 $91,600.00 This item $147,000.00 $147,000.00 BALANCE $358,000.00 $408,400.00 $761,400.00 Fund(s): Streets Bond 2008 Street Signalization Comments: After the completion of the original project scope the street department will seal coat and stripe the additional sections of Chaparral Street. RECOMMENDATION: City Staff recommend executing Amendment No. 1 to a Contract for Professional Services with HDR, Inc. of Corpus Christi, Texas, in the amount of $147,000 for a total re- stated fee of $244,250 for the Downtown Streets — Chaparral Project for street signalization. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager PROJECT BUDGET Downtown Streets - Chaparral - BOND 2008 Project No. 6510 March 20, 2012 FUNDS AVAILABLE: Streets (Bond 2008) Downtown Streets - Chaparral $2,000,000.00 Streets (Bond 2008) Traffic Signalization $147,000.00 Utilities CIF' $1,500,000.00 Total $3,647,000.00 FUNDS REQUIRED: Construction: (Estimate) $2,200,000.00 Contingencies (5 %) $110,000.00 Consultant Fees: Consultant (Gignac Architects) * $757,883.00 Consultant (HDR Engineering) ** $97,250.00 Consultant (HDR Engineering) Amendment No. 1 $147,000.00 Materials Testing $44,000.00 Reimbursements: Contract Administration (Contract PreparationfAward /Admin) Engineering Services (Project MgtlConst. Mgt/Traffic Mgt) Finance Issuance Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE * Contract was awarded by City Council on June 29, 2010. * *Contract was awarded by City Council on September 27, 2011. $40,000.00 $70,000.00 $25,000.00 $10,000.00 $3,501,133.00 $145,867.00 : \ Mproject \councilexhibits\exh6510c.dwg CORPUSsr 23.111 AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT PROJECT LOCATION MCGLOIN R. Lg LOCATION MAP NOT TO SCALE AMENDMENT 1 PART 13 CHAPARRAL FROM SCHATZELL TO 1 -37 LEOPARD ST. MEST1NA ST. NUECES COUNTY COURTHOUSE PROJECT # 6488 SITE PLAN NOT TO SCALE Chaparral Street Signalization for Two Way Conversion AMENDMENTS PART B CHAPARRAL FROM WILLIAMS TO COOPER'S CORT'US CHRISTI Bey CITY COUNCIL EXHIBIT OFPNGERING' RV CEDEPARTMENT IN SE S PAGE: 1of1 NNW _ - oaolmromesa 6 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: February 28, 2012 TO: Ronald L. Olson, City Mana FROM: Rudy Garza RudyGa ©cctexas.com 361 -826 -3082 Appropriation of Funds Related to the American Bank Center CAPTION: A. Ordinance appropriating $26,124.47 (residual to the $100,000 received from SMG under contractual obligation to contribute capital for the American Bank Center) from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $26,124.47. B. Ordinance appropriating $268,000 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $268,000. C. Ordinance appropriating $305,279.91 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $305,279.91, D. Ordinance appropriating $100,000 from unreserved fund balance of the No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concessions; and changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing revenues by $50,000 and expenditures by $150,000. BACKGROUND. AND FINDINGS: Part A: On August 1, 2009, the City of Corpus Christi entered into an agreement with SMG, which provided SMG to contribute $100,000 for capital improvements and equipment purchases to be used for the American Bank Center facility. Since that time, expenditures approved by the Type A Board in the amount of $73,875.53 have been made. Since the purchases have spanned several fiscal years, the residual amount totaling $26,124.47 has been reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". Part A of this agenda item will appropriate these funds so that they can be expensed in this fiscal year. It is anticipated that the remaining balance will be expended by July 31, 2012. Part B: On May 15, 2009, the Corpus Christi Business and Job Development Board (ie, the "Type A Board ") approved to spend $500,000 from Fund 1130 "Arena Facility Fund" for marketing co- promotion to promote, retain, secure, and host various events at the Arena facility. The Type A Board also approved transferring this amount to Fund 4710 'Visitors Facilities Fund ", the City fund which accounts for the capital expenses of the Arena. Since fiscal year 2009, $232,000 of this $500,000 has been expended or committed by the Type A Board for various events. The remaining $268,000 has been reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". Part B of this agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2012 will be reserved in fund balance in Fund 4710 'Visitors Facilities Fund" and will either be included in the fiscal year 2012 -2013 operating budget for Fund 4710' Visitors Facility Fund" or will be appropriated during fiscal year 2012 -2013 as the need arises. Part C: On May 15, 2009, Type A Board approved $500,000 for the use of capital improvements at the Arena facility. Additionally as part of the fiscal year 2010 -2011 operating budget, an additional $150,000 was appropriated for capital improvements at the Arena facility. As of July 31, 2011, $344,720.09 has been expended or committed for this purpose. The remaining $305,279.91 has been reserved in the fund balance of Fund 1130 "Arena Facility Fund ". Part C of this agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2012 will be reserved in the fund balance of Fund 1130 "Arena Facility Fund" and will either be included in the fiscal year 2012 -2013 operating budget for Fund 1130 "Arena Facility Fund" or will be appropriated during fiscal year 2012 -2013 as the need arises. Part D: At the monthly meeting of the Corpus Christi Business and Job Development Corporation held on September 29, 2011, the Type A Board approved reducing the unreserved fund balance in Fund 1130 "Arena Facility Fund" by $100,000 which was earmarked to address the needs of Centerplate for food and beverage concessions. By taking this action, the Type A Board voted to increase the Arena Maintenance and Repairs org by $50,000 — from $150,000 approved in the fiscal year 2011 -2012 budget for Fund 1130 "Arena Facility Fund" to $200,000, and to increase the Arena Maintenance /Improvements org by $50,000 — from $150,000 approved in the fiscal year 2011 -2012 budget for Fund 4710 "Arena Facilities Fund" to $200,000. Part D of this agenda item will appropriate these funds and will authorize the transfer of $50,000 from Fund 1130 "Arena Facility Fund" to Fund 4710 "Visitors Facility Fund ". Any unexpended amounts at July 31, 2012 will be reserved in the fund balance for each respective fund. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered /Expended amount of (date) - - - - This item - $ 699,404 $ - $ 699,404 BALANCE - $ 699,404 $ - $ 699,404 FUND(S): Fund 1 130 "Arena Facilty Fund" $100,000; Fund 4710 "Visitors Facility Fund" $599,404 COMMENTS: The SMG contract was approved by the City Council on February 24, 2009. Included in Section 5.4 of the contract was a provision for SMG to contribute $100,000 for capital improvements to be made at the American Bank Center at the City's discretion. The amount(s) on listed in Parts B -D of this agenda item have already been approved by the Type A Board. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: • Financial Services Department • Legal Department LIST OF SUPPORTING DOCUMENTS: None cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Page 1 of 1 Ordinance appropriating $26,124.47 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $26,124.47. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $26,124.47 (residual funds to the $100,000 received from SMG under contractual obligation to contribute capital for the American Bank Center) is appropriated from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center expenditures. SECTION 2. That the FY 2011-2012 Operating Budget, adopted by Ordinance No. 029155 is changed to increase proposed expenditures by $26,124.47. That the foregoing ordinance was read for the first time and passed to its second reading on this the .24 day of r , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: Pc-i7. 7,�'— Lisa Agui Assistant City Attorney for the City Attorney Joe Adame Mayor Page 1 of 1 Ordinance appropriating $268,000 from reserved fund balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures for the American Bank Center; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $268,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $268,000 is appropriated from reserved fund balance in the No. 4710 Visitors Facilities Fund for Marketing and Co-promotion expenditures for the American Bank Center. SECTION 2. That the FY 2011 -2012 Operating Budget, adopted by Ordinance No. 029155 is changed to increase proposed expenditures by $268,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the se-Ai- of , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Joe Adame , 2012, by the following vote: David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form:` I '1-- By: Lisa Agui , Assistant City Attorney for the City Attorney Joe Adame Mayor Page 1 of 1 Ordinance appropriating $305,279.91 from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvement Expenditures; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $305,279.91. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $305,279.91 is appropriated from reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital improvement expenditures. SECTION 2. That the FY 2011-2012 Operating Budget, adopted by Ordinance No. 029155 is changed to increase proposed expenditures by $305,279.91. That the foregoing ordi nce was read for the first time and passed to its second reading on this the "" day of f f u 9 , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Eiizondo Priscilla G. Leal ic109- David Loeb E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Eiizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: r-c-17 - 9. r ,Z By: '. Lisa Aguilar ssistant City Attorney for the City Attorney Joe Adame Mayor Page 1 of 1 Ordinance appropriating $100,000 from the unreserved fund balance of the No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concessions; and changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing revenues by $50,000 and expenditures by $150,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $100,000 is appropriated from the unreserved fund balance of No. 1130 Arena Facility Fund and authorizing the transfer of $50,000 from the No. 1130 Arena Facility Fund to and appropriating in the No. 4710 Visitors Facilities Fund for Arena capital and repair maintenance needs relating to the food and beverage concession. SECTION 2. That the FY 2011 -2012 Operating Budget, adopted by Ordinance No. 029155 is changed by increasing revenues by $50,000 and expenditures by $150,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the 1- day of '� bfw , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott c14/d That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: { By: sa A uila Assistant Li g City Attorney for the City Attorney Joe Adame Mayor 7 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/7/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com 361- 826 -3246 CAPTION: PUBLIC HEARING — CHANGE OF ZONING Bettie L. Barr (Case No. 1111 -01) 2049 Flour Bluff Drive PUBLIC HEARING — ZONING Case No. 1111 -01: Bettie L. Barr: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial use to a Tight industrial use. The property to be rezoned is Don Patricia Subdivision, Block S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road. Planning Commission and Staffs Recommendation: (December 7, 2011) Denial of the change of zoning from "CG -2" General Commercial District to the "IL" Light Industrial District in lieu thereof approval of a "CG -2" General Commercial District with a Special Permit "SP" subject to five (5) conditions, without resulting in a . change of future land use from commercial use to a commercial use with a special permit: • BACKGROUND AND FINDINGS: The applicant Bettie L. Barr president and operator of both businesses requests the rezoning in an effort to allow for the continued use of the site as corporate offices for two (2) individual business entities and an outside assembly, maintenance and storage yard. Applicant is in agreement with the recommendation by Development Services staff and Planning Commission though different from his original request. ALTERNATIVES: 1. Approval of the applicant's request for a change in zoning. 2. Denial of the request to modify or change the current zoning "CG -2" General Commercial District. K:\ Legal \SHAREDILEGAL- DEV.SVCS12012 Agenda103 -20- 201211111 -01, Bettie 6L Bazr102 -03 -2012, 1111-01 Bettie L Barr, Agenda Memo REVISED by WV.docx -9- City Council Executive Summary Memorandum Bettie L. Barr (Case No. 1111 -01) Page 2 OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change in zoning is not consistent with the Comprehensive Plan or the Flour Bluff ADP but in recent years there has been a push by property owners for commercial redevelopment in this area. This fact along with the ever increasing volume of traffic along Flour Bluff Drive staff supports a modified zoning request for a "CG -2" General Commercial District with the (5) conditions established by a special permit "SP ". EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011. -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund s): RECOMMENDATION: On December 7, 2011, the Planning Commission and Staff recommended denial of the change of zoning from "CG -2" General Commercial District 6 to the "IL" Light Industrial District in lieu thereof approval of the "CG -2" General Commercial District subject to the following (5) conditions. 1). Uses: All uses allowed in the "CG -2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service vehicles, equipment and tools. 2.) Storage of equipment is limited but shall include the following: The temporary storage of small trucks, trailers, generators, limited capacity fuel tanks, water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field services operations. 3.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur within this time frame. K: IL. EGAI .ISHARED\LEGAL- DEV.SVCS120I2 AGENDA103 -20- 201211111 -0I, BETTIE L BARR102 -03 -2012, 1111 -01 BETFIE L BARR, AGENDA MEMO REVISED BY WV.docx —70— City Council Executive Summary Memorandum Bettie L. Barr (Case No. 1111 -01) Page 3 4.) Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties, Flour Bluff Drive and Division Road street right -of -ways. 5.) Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager K :( LEGAL ISHAREDILEGAL- DEV.SVCS12012 AGENDA103- 20- 201211111 -01, BETTIE L BARR102 -03 -2012, 1111 -01 Bbl. 11L L BARR, AGENDA MEMO REVISED BY WV.docx _71_ ZONING REPORT Case No.: 1111 -01 Planning Commission Hearing Date: December 7, 2011 CO v . Ok Cad cia a 6 Applicant: Bettie L. Barr Representative: James L. Post Owner(s): TraBarr Partners, LTD. Legal Description/Location: Don Patricio, BIock S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road. Front: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 1.34 Acre Purpose of Request: To allow for the continued use of subject property as corporate offices for two (2) business entities and an outside storage and maintenance yard. nzi am to .a N ' at . a •. W Street Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial Commercial Business & Storage Commercial North "CG -2" General Commercial Commercial Commmercial South "RS -6" Single - Family 6 Low Density Residential Low Density Residential East "CG -2" General Commercial Commercial Storage & Vacant Medium Density Residential West "IL" Light Industrial g Commercial & Vacant Commercial Area Development Plan: The subject property is located in the Flour Bluff Area Development Plan (ADP) and is planned for continued commercial use. The proposed change in zoning to the "IL" Light industrial District is not consistent with the Flour Bluff ADP or Future Land Use Map. Map No.: 037,031 Zoning Violations: Code Enforcement has issued a zoning violation notice for the following: non- conforming land use and property is not zoned as an industrial use and for the outside storage of equipment and commercial vehicles. Staff's Summary: • Requested Zoning: The purpose of the request to an "IL" Light Industrial District is to allow for the continued use of subject property as corporate offices for two (2) business entities and an outside assembly, maintenance and storage yard. • Transportation and Circulation: The subject property fronts on Flour Bluff Drive, an arterial and major north and south traffic carrier for the Flour Bluff peninsula. Approximately one half mile north of the subject property, Flour Bluff Drive is currently being widened to accommodate the recently added traffic loads into and out of the newly constructed Wal -Mart and to better serve the increasing north and south bound traffic demands. O Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2007 tx Flour Bluff Drive 65' R.O.W., 28' paved 95' R.O.W., 64' paved Al Arterial 12388 vS Division Road 60' R.O.W., 20' paved 60' R.O.W., 28' paved C! Collector NA ON 01- 12.2012.DOC — 7 2— Zoning Report Case #: 11 1 1 -01, Bettie L. Barr Page 2 • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would not have a positive implication with regards to smart growth. Although the proposed rezoning is not compliant with the adopted development plans for this area, the request does agree with current development trends by property owners situated along Flour Bluff Drive. Recently several property owners have expressed interest in rezoning several multi -lot properties from residential to commercial and commercial to light industrial to allow for a more intense use of the properties situated along FIour Bluff Drive. If permitted as requested it would permit the expansion of an existing "IL" District across Flour Bluff Drive a major north and south bound arterial. In addition to the recent development trends, Flour Bluff Drive right -of -way immediately north of the subject property has been widened to four (4) lanes in efforts to ease the increasing traffic demands in this area. This project does not provide any additional housing opportunities or expand on the idea of a "walk- able" community based on the variety and availability of transportation choices. • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Nan and the Flour Bluff Area Development Plan (ADP) slate the subject property as continued commercial use. The proposed change in zoning is not consistent with the Flour Bluff ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Flour Bluff ADP encourage commercial development including where adjacent to residential properties. This may be achieved by employing screening and landscape buffering methods which minimize and mitigate the impacts of commercial uses where adjacent to residential uses. Industrial uses are not included or considered a commercial development. While this request for change of zoning to the "IL" Light Industrial District would be an expansion to an existing industrial district, it is also adjacent to a two - family residential district and mixed use neighborhood to the east. To the south and across Division Road, there is an existing single family residential neighborhood. Iminediately to the north, there is an existing "CG -2" General Commercial District with the aforementioned "IL" Light Industrial District west of and across Flour Bluff Drive. Plat Status: The subject property is platted as Don Patricia Subdivision, Block S, Lots 23 -30. Department Comments: • The applicant, Bettie L. Barr president and operator of both companies, has submitted a request for a change of zoning from the "CG -2" General Commercial District to the "1L" Light Industrial District to allow for the continued use of the property as corporate office space for two business entities with a shared service and storage yard. The storage yard would include small trucks, trailers, generators, fuel tanks, water tanks, and tools for the outside assembly of small service trailers. These trailers would have generators, fuel tanks, and water storage tanks affixed to them for explicit use by the company for gate guarding purposes and would not be for sale to the general public. • The property currently consists of a recently constructed 4,400 square foot metal building approximately 24 feet in height. Half of this building serves as office space for two separate business entities with the other half serving as a service shop for trailers, generators, travel trailers, water tanks, fuel tanks, and various other items related to the servicing of the gate guarding business. The fenced work and service yard behind the building is surrounded by a chain link fence fitted with privacy screening slats which properly shield the area from view of the public right -of -way along Division Road. _73_ Zoning Report Case*: 1111 -01, Bettie L, Barr Page 3 • Should the applicant be granted a change of zoning to an industrial zoning district, the Unified Development Code requires a Zoning District Buffer Yard for redeveloped properties. The Zoning District Buffer Yard is specifically detailed in Section 7.9.6. Table A, Required Zoning District Buffer Yard for (Redevelopment). This section will also require the construction and placement of a solid screening fence to help achieve the 15 the point participation requirement. • Although this rezoning request is inconsistent with the adopted Future Land Use Plan it is in keeping with the current development trends in this area of Flour Bluff. An industrial use at this location could negatively impact the surrounding property owners and as a result leaves staff with no other choice than to not support and not recommend approval of this request to rezone Ms. Bettie Barr's property from "CG -2" General Commercial District to the "IL" Light Industrial District. Staff & Planning Commission Recommendation: Denial of the change of zoning from "CG-2" General Commercial to the "IL" Light Industrial District in lieu thereof approval of a approval of a "CG -2" General Commercial District with a Special Permit subject to a site plan and the following (5) conditions. 1). Uses: All uses allowed in the "CG -2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service related vehicles, equipment and tools. 2.) Storage of Equipment is limited but shall include the following: The temporary storage of small trucks, trailers, generators, Iimited capacity fuel tanks, water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field service operations. 3.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur within this time frame. 4.) Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent residential properties and Flour Bluff Drive and Division Road street right -of -ways. 5.) Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. 111 a; Number of Notices Mailed Total 20 within 200' notification area; 1 outside notification area Favor 1 (inside notification area); 0 (outside notification area) Opposition 2 (inside notification area); 0 (outside notification area) For 7.05% in opposition as of December 06, 2011 Attachments: Site — Existing Zoning, Notice Area, & Ownership Site — Future Land Use Site Plan SUBJECT PROPERTY GREEN TREE UNIT #2 5 FLOUR HE. HOR,ELINF C G: .i$ .-NIT 1 23BAKER ACREI4 0 filial Off Prepare• Bog. SRR Depa nt of & velopmenr f Mce CASE: 1111 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP NM-1 Mukifamlly1 RM -2 Multifamily RM -3 Multifamily 3 ON Professional Office RM -AT Mu3IfamIlyAT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resole Commercial CG-1 General Commercial CG-2 General Commercial CI Intensive Commercial C60 Downtown Commercial CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUS Planned Unit acv. Overlay RS -1O Single-Family 10 RS-5 Bingle -Famly 5 RS.4.5 Single - Family 4.5 RS TF Two -Family R5 -15 Single - family 15 RE Residential Estate RS-TH Townhouse SP Special Ferrari RV Recreational Vehicle Park RMH Manufactured Home Sutried Properly Owners w.:h Z00'buffer in fever 4 Owners Whin 2C0' fated on Owners attached ownerah{o table A in appoadien LOCATION MAP _7S= City Corpus Christi LDR IL COM CG- 123 m MDR ITS ria PO cOM CASE: 1111 -01 4. SITE- FUTURE LAND USE Agricultural /Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Existing Pmposed r~r Expressways ■arri Arterials - - -- �- Collectors - - - -• 11010 Parkway 000 4+ ++ Railroad s 17:12 I HI 1 DC IDP I 1 Tourist Research/Business Park Light industrial Heavy Industrial Public Semi - Public Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale.' 1:2,400 anpa Anis _mold Ordinance amending the Unified Development Code (UDC), upon application by Owner, Bettie L. Barr, by changing the UDC zoning map in reference to Don Patricio Subdivision, Block S, Lots 23 -30, from the "CG -2" General Commercial District to the "CG -2/SP" General Commercial District with a special permit and subject to five (5) conditions; 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 Bettie L. Barr, for amendment to the City of Corpus Christi UDC, and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday, March 20, 2012, 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 UDC of. the City of Corpus Christi, Texas, is amended by changing the zoning on Don Patricio Subdivision, Block S, Lots 23 -30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road, from "CG -2" General Commercial District to the "CG -2/SP" General Commercial District with a special permit and subject to five (5) conditions, without resulting in a change of future land use (Zoning Map .037,031; Exhibit "A" - Planning Commission and Staff's Zoning Recommendation). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Uses: All uses allowed in the "CG -2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service related vehicles, equipment and tools. 2. Storage of Equipment is limited but shall include the following: The temporary storage of small trucks, trailers, generators, limited capacity fuel tanks, water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the Page 2 of 4 service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field service operations. 3. Hours of Operation: Hours of operation shall be 6:00 a.m. to 9:00 p.m. Any and all deliveries must occur within this time frame. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent residential properties and Flour Bluff Drive and Division Road street right -of -ways. 5. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition 1 and in compliance with all other conditions. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, 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 as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 , 2012. K: IL egal\SHARED1LEGAL- DEV.SVCS12012 Agenda \1111-01, Bettie +garr101 -12 -2012 1111 -01 Bettie L Barr, Ordinance - SP,DWBFinal,doc ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Page 3 of 4 Joe Adame Mayor, City of Corpus Christi APPROVED as to form: This day of Deborah Walther Brow Assistant City Attorney For City Attorney , 2012 K:I LegaI \SHAREDILEGAL- DEV.SVCS12012 Agenda11111 -01, Bet. g' 1 "1 -12 -2012 1111 -01 Bettie L Barr, Ordinance, SP,DWBFinal.doc Page 4 of 4 Corpus Christi, Texas day of 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K: ILegal 1SHAREDILEGAL- DEV.SVCS12O12 Agenda11111 -01, Beth I Rarr101 -12 -2012 1111 -01 Bettie L Barr, ordinance - SP,DWBFinaE.doc —81— VAC VAC SUBJECT PROPERTY Dim MDR VAC MDR MDR CASE: 1111 -01 Exhibit A Planning Commission & Staff Recommendation From: "CG -2" General Commercial SUBJECT ROPERTY To: "CG -2 /SP" General Commercial with a Special Permit 8 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/8/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services J v StephenD@cctexas.com (361) 826 -3246 CAPTION: PUBLIC HEARING — CHANGE OF ZONING Yorktown Oso Joint Venture (Case No. 0112 -01) Change from "FR" Farm Rural to "RS -4.5 Single- family 4.5 Property Addresses: 7201 Yorktown Boulevard PUBLIC HEARING -- ZONING Case No. 1011 -01: Yorktown Oso Joint Venture: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - family 4.5 District, resulting in a change of future land use. The property to be rezoned is Flour Bluff and Encinal Farm and Garden Tracts, Section 25, 7.566 Acres out of Lot 29, south of Yorktown Boulevard and east of Rodd Field Road. Planning Commission and Staffs Recommendation: January 4, 2012, Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. BACKGROUND AND FINDINGS: • The proposed change of zoning is adjacent to a large scale single - family residential community (Rancho Vista). • The proposed change would be consistent with the projected future land use of the area. • The smaller Tots will provide additional opportunities to construct homes rather than the standard 6,000 square foot Tots. ALTERNATIVES: Denial of the change of zoning to the "RS -4.5" Single - family 4.5 District. OTHER CONSIDERATIONS: N/A K:11ega1 ISHAREDILEGAL- DEV.SVCS120I2 Agenda & NonAgenda12012 AGENDA ITEMS10112 -01, Yorktown Oso Joint Venture101 -19 -2012, 0112 -01 Yorktown Oso Joint Venture, Agenda Memo REVISED by EAM.docx — 8 5— City Council Executive Summary Memorandum Yorktown Oso Joint Venture (Case No. 0112 -01) Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. EMERGENCY / NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years . TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE runats). Comments: RECOMMENDATION: Planning Commission and Staffs Recommendation: January 4, 2012, Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager K:li egaI1SHARED \LEGAL- DEV.5VC512012 Agenda & NonAgenda12012 AGENDA 1TEMS10112 -01, Yorktown Oso Joint Venture101 -19 -2012, 0112 -01 Yorktown Oso Joint Venture, Agenda Memo REVISED by EAM.docx -86- ZONING REPORT Case No.: 0112 -01 Planning Commission Hearing Date: January 4, 2012 Applicant/Owner: Yorktown Oso Joint Venture Representative: Urban Engineering Ce .% Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Section 25, 7.566 g Acres out of Lot 29, located south of Yorktown Boulevard and east of Rodd Field Road. From: "FR" Farm Rural District To: "RS -4.5" Single - family 4.5 District Area: 7.566 Acres Purpose of Request: To allow for the construction of single family homes. Existing Zoning District Existing Land Use Site "FR" Farm Rural Vacant Future Land Use Low Density Residential North "RS -4.5" Single- family 4.5 Low Density Residential Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "FR" Farm Rural Vacant Low Density Residential West "FR" Farm Rural Vacant Low Density Residential ctr Q Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning to the "RS- 4.5" Single- family 4.5 District is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 042,029 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the requested "RS -4.5" Single - family 4.5 District is to allow for the construction of single family homes. • Transportation and Circulation: The subject property fronts upon Justus Drive, a local street,, and Fred's Folly Drive, a minor collector, within the existing Rancho Vista Subdivision. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. ' Plan Type Traffic Volume 2007 Justus Dr. 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A Fred's Folly Dr. 60' .R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing homes. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning is consistent with future land use. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential developmen`_ 0 -1 _ Zoning Report Case #: 0112 -01, Yorktown Oso Joint Venture Page 2 Plat Status: Subject property is not platted. Department Comments: • The proposed change of zoning is adjacent to a large scale single - family residential community (Rancho Vista). • The proposed change would be consistent with the projected future land use of the area. • The smaller lots will provide additional opportunities to construct homes rather than the standard 6,000 square foot lots. Staff Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. Planning Commission Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. � a � � d y • cd V Number of Notices Mailed Total — 21 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of November 4, 2011 Attachment: 1. Site -- Existing Zoning, Notice Area, & Ownership map K :IDevelopmentSvcs\SHAREDI1, Planning Commission12012 PC12012 Zoning ReportsUan 20121Zoning Case No. 0112 -01, Yorktown ()so Joint Venture (PR to RS4.5).doc -- 8 8 R4Nre1 'e, Ift SUBJECT PROPERTY t2l2V2011 Prepared By: SRR Depa . of Development Services CASE: 0112-01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM.' Multifamily 1 RM -2 Multlfemily2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CH-2 Neighborhood Commercial CR -1 Resort Commercial CR-2 CG1 CG -2 CI CHO CR-3 FR H BP Resort Commercial General Commercial General Commercial intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R3-10 Single - Family 10 R54 Single-Famlly5 RS-4.5 SInyle- Famity4.5 RS -TF Two-Family RS-t5 Single - Family f5 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Palk RMH Manufactured Home ®subject Property elk Owners with 200' beer in favor 4 Owners wllhin 200' listed on V owners attached ownership lebk /t in opposition Ordinance amending the Unified Development Code (UDC), upon application by Owner, Yorktown Oso Joint Venture, by changing the UDC zoning map in reference to 7.566 Acres out of Section 25, Lot 29 Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single- family 4.5 District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Yorktown Oso Joint Venture, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 4, 2012, during a meeting of the Planning Commission, and on Tuesday, March 20, 2012, 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, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on 7.566 Acres out of Section 25, Lot 29, Flour Bluff and Encinal Farm and Garden Tracts, Iocated south of Yorktown Boulevard and east of Rodd Field Road, resulting in a change of future land use; (Zoning Map 042,029) (Exhibit A - "Planning Commission and Staff Recommendation "). SECTION 2. That the official UDC Zoning Map of the City of .Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This e day of , , rUo/l , 2012. A._ lek.Mtriro, eb • rah Walther .Browne A istant City Attorney For City Attorney K:1 LegalISHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10112 -01, Yorktown Oso Joint Venture101- 19 -12, 0112 -01 Yorktown Oso Joint Venture, FR to R S_ Ord, PC- StaffRec.DWBFinal.doc Page 3 of 3 Corpus Christi, Texas day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K: 1LegaASHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10112 -01, Yorktown Oso Joint Venture101- 19 -12, 0112 -01 Yorktown Oso Joint Venture, FR to. 9 2 = ^" PC- StaffRec.DWBFinal.doc SUBJECT PROPERTY 11.12112011 dOD 800 _ = Prepared By: sRit Papa etQfbevefopmenrpreview CASE. 01 12 -01 Exhibit A Planning c omrnission & Staff Recommendation From: "FR" Farrn :Rural To: "RS -4:5" Single- family 4.5 LOCATION MAPI 9 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/13/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Stephen Draper, Director, Department of Development Service!SV StephenD Gcctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Vishal Hotel, LP (Case No. 0112 -03) Change from "IL" Light Industrial District to . "CG -2" General Commercial District Property Address: 4331 South Padre Island Drive PUBLIC HEARING — ZONING Case No. 0112 -03: Vishal Hotel, LP: The applicant is requesting a change of zoning from "IL" Light Industrial District tb "CG -2" General Commercial District, not resulting in a change of future land use. The property is described as Byron Willis Subdivision, Block 2A, Lot J, located south of South Padre Island Drive (State Highway 358), east of Weber Road and west of Flynn Parkway. Planning Commission and Staff's Recommendation: January 18, 2012, Approval of the change of zoning to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: • Furr's Cafeteria previously occupied the building at this location. In July 2011, a commercial demolition permit was issued for complete demolition of the restaurant. The "IL" Light Industrial zoned properties in the surrounding area have a commercial use. The proposed use, a hotel, is not allowed in the "IL" Light Industrial District, but is allowed in a commercial zoning district. The zoning change will result in a Tess intense zoning district. Transitioning from an industrial zoning district to a commercial district at this location would be more in keeping with current development trends in this area. In addition, the rezoning request is consistent with the adopted Future Land Use Map and Southside Area Development Plan. ALTERNATIVES: Denial of the change of zoning to the "CG -2" General Commercial District OTHER CONSIDERATIONS: N/A K:1 Legal \SHARED\LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS103 -20- 201210112 -03, Vishal Hotel, LP101 -21 -2012, 0112 -03, Vishal Hotel, Agenda Memo REVISED by EAM.docx -97- City Council Executive Summary Memorandum Vishal Hotel, LP (Case No. 0112 -03) Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as commercial use. The proposed zoning change is consistent with the Southside ADP and the adopted Future Land Use Map of the Comprehensive Plan. Placement of commercial activities should be at locations with good access and high visibility. Industrial uses are not included or considered a commercial development. EMERGENCY / NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE und(s): Comments: None RECOMMENDATION: Plannina Commission and Staff's Recommendation: January 18, 2012, Approval of the change of zoning to the "CG -2" General Commercial District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager K:\ Legal \SHAREO\LEGAL -DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10112 -03, Vishal Hotel, LP101 -21 -2012, 0112 -03, Vishal Hotel, Agenda Memo REVISED by EAM.docx — 9 8 — ZONING REPORT Case No.: 0112 -03 Planning Commission Hearing Date: January 18, 2012 Applicant: Vishal Hotel, LP p ,o Representative: Raju Bhagat v a Owner: Vishal Hotel, LP a a b Legal Description/Location: Byron Willis Subdivision, Block 2A, Lot J, located south of South hA Padre Island Drive (State Highway 358), east of Weber Road and west of Flynn Parkway. an on N From: "IL" Light Industrial District To "CG -2" General Commercial District Area: 2.06 Acres Purpose of Request: To allow for the construction and operation of a hotel. Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Commercial North South "IL" Light Industrial (north of S. Padre Island Dr.) "CG -1" General Commercial Commercial Commercial Commercial Commercial East "CG -2" General Commercial Commercial Commercial West "IL" Light Industrial Commercial Commercial Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial use. The proposed change in zoning to the "CG -2" General Commercial District is consistent with the Southside ADP and Future Land Use Map. Map No.: 045,037 Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the "CG -2" General Commercial District request is to allow for the construction of a hotel. • Transportation and Circulation: The subject property fronts South Padre Island Drive (State Highway 358), a major east to west highway and predominate traffic carrier for the south, east, and south side of Corpus Christi. rest � 3.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2011 South Padre Island Drive 250 -foot right-of-way; 250 -foot paved 250 -foot right -of -way; 250 -foot paved Fl Freeway/ Expressway . 10131 • Relationship to Smart Growth: The proposed rezoning has positive implications relating to smart growth. The applicant proposes redevelopment on a currently vacant property and will use existing infrastructure. The requested "CG -2" General Commercial District would be an expansion of existing commercial districts adjacent to the south and east of the subject property. K: ILEGALISHAREDILEGAL- DEV.SVCS52B12 AGENDA\0112 -03, VISHAL HOTEL, ' fS' -_ -"' WG REPORT BY JR.DOC Zoning Report Case #: 0112 -03, Vishal Hotel, LP Page 2 • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as commercial use. The proposed zoning change is consistent with the Southside ADP and the adopted Future Land Use Map of the Comprehensive Plan. Placement of commercial activities should be at locations with good access and high visibility. Industrial uses are not included or considered a commercial development. Plat Status: The subject property is platted as Byron Willis Subdivision, Block 2A, Lot J. Department Comments: • Furr's Cafeteria previously occupied the building at this location. In July 2011, a commercial demolition permit was issued for complete demolition of the restaurant. • The "IL" Light Industrial zoned properties in the surrounding area have a commercial use. The proposed use, a hotel, is not allowed in the "IL" Light Industrial District, but is allowed in a commercial zoning district. The zoning change will result in a less intense zoning district. Transitioning from an industrial zoning district to a commercial district at this location would be more in keeping with current development trends in this area. In addition, the rezoning request is consistent with the adopted Future Land Use Map and Southside Area Development Plan. Staff Recommendation: Staff recommends approval of the requested zoning change the from the "IL" Light Industrial District to the "CG -2" General Commercial District. Planning Commission Recommendation: Approval of the change of zoning to the "CG -2" General Commercial District. IDD b 5 1 CO IN cJ al g Number of Notices Mailed Total 7 within 200' notification area; 0 outside notification area Favor 0 (inside notification area); 0 (outside notification area) Opposition 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition as of January 12, 2012 Attachments: 1. Site — Existing Zoning, Notice Area & Ownership Map 2. Exhibit A — "Planning Commission & Staff Recommendation" —100— Dt /O3J20l2 Prepared 8y: SRR Department of Development Services CASE: ' 0112-03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 RM-2 Multifamily 2 AM-5 Multifamily 3 ON Protsaslone/Office RM-AT Multifamily AT CH -1 Neighborhood Commercial CH -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG-1 General Commercial CG-2 General Commercial CI intensive Commercial CBD DoWntown Commercial CR4 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL light Industrial 1H Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single- Family 10 R5-6 Single -Family 6 RS+4.5 SIngle- Famlly4.5 RS•TF Two-Family R5-15 2Ingle- Family 15 RE Residential Estate RS-TH Townhouse W Special Permit RV Recreational Vehicle Park RIM Manufactured Home ea Subject property Owners with 200' buffer M favor AOwners w5hin200' listed on V Owns e fr red ownership table A in epposllon Exhibit A Planning Commission & Staff Recommendation From: "IL" Light Industrial To: "CG -2" General Commercial Ordinance amending the Unified Development Code (UDC), upon application by Owner, Vishal Hotel, LP, by changing the UDC zoning map in reference to Byron Willis Subdivision, Block 2A, Lot J, from the "IL" Light Industrial District to the "CG -2" General Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Vishal Hotel, LP, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 18, 2012, during a meeting of the Planning Commission, and on Tuesday, February 21, 2012, 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, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Byron Willis Subdivision, Block 2A, Lot J, located south of South Padre Island Drive (Highway 358), east of Weber Road and west of Flynn Parkway, not resulting in a change of future land use (Zoning Map 045,037; Exhibit A "Planning Commission and Staff Recommendation ").. SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10,1 and/or Article 10 of the UDC. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This 8 day of rah Walther Brown istant City Attorney or City Attorney , 2012. K:1 Lega ?ISHAREDILEGAL- DEV.SVCS2012 Agenda & NonAgenda12012 AGENDA ITEM510112 -03, Vishal Hotel, LP101- 19 -12, 0112 -01 Vishal Hotel, IL to CG -2, Ord, PC -Staff Rec.DWBFInaLc1 r 4 _ Page3of3 Corpus Christi, Texas day of , 2012 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:1 Lega11SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS\0112 -03, Vishal Hotel, LP141- 19.12, 0112 -01 Vishal Hotel, IL to CG 2, Ord, PC -Staff Rec.DWBFinad 150_5_ Exhibit A Planning Commission & Staff Recommendation From: "IL" Light Industrial To: "CG -2" General Commercial 10 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 1/12/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 CAPTION: SPECIAL PERMIT TIME EXTENSION Vista del Mar Irrigation Company (Case No. C1001 -02A) Special Permit Time Extension for the property located at the 17000 block of South Padre Island Drive (Park Road 22) SPECIAL PERMIT TIME EXTENSION Case No. C1001 -02A: Vista del Mar Irrigation Company: The applicant is requesting a time extension for a previously granted Special Permit. The subject property, Tract 1, consists of approximately 1,230 acres that are located on the south side of the Nueces /Kleberg County lines and along both sides of South Padre Island Drive (Park Road 22). Planning Commission and Staffs Recommendation: At the December 7, 2011 Regular Planning Commission Meeting, the Planning Commission recommended approval of the request to extend the Special Permit for two (2) years. BACKGROUND AND FINDINGS: • The subject property includes Tract 1.1, consisting of 476 acres of Jose Maria Tovar Subdivision, located south of and adjacent to the Nueces - Kleberg county line and east of and adjacent to Park Road 22, and Tract 1.2, consisting of 754 acres of Jose Maria Tovar Subdivision, Located along south of and adjacent to the Nueces- Kleberg county line between Park Road 22 and the Laguna Madre. • The property was originally annexed and zoned in 2001. A Special Permit was granted with a ten (10) year time limit. • No development has occurred on the subject property since the original zoning case in 2001. ALTERNATIVES: Denial of the request to extend the Special Permit. OTHER CONSIDERATIONS: N/A 1C;1 Lega l \SHARED\LEGAL -DEV.SVCS12012 Agenda & NonAgenda12012 AMA ITEMSIVista del Mar Irrigation Company101 -09 -2012, Vista del Mar, Case No CI001 -02A SP Extension, Agenda Memo, by EAM, REVISED.docx City Council Executive Summary Memorandum Vista de! Mar Irrigation Company (Case No. C1001 -02A) Page 2 CONFORMITY TO CITY POLICY: • Based on analysis from the original 2001 report the following information was obtained: Tract 1 is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. Significant portions of these tracts are wetlands with limited development potential. There is, however, at least fifty (50 %) percent of the total land available for development in addition, the owner of Tract 1 presented to Planning Commission a "Concept Plan" and an "Intensity Table" for development of the 1,200± acres. The uses proposed by the owner of Tracts 1.1 and 1.2 include executive housing, village residential uses, condominiums, research/office /commercial, resort/conference, village commercial, desalinization plant, two (2) 18 -hole golf courses, and a marina. The density proposed by the owner in the attached Concept Plan and the Intensity Table is less than what would be allowed in the "RM -AT" Multifamily AT District and the "RS -6" Single- family 6 District. EMERGENCY / NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount — This item BALANCE undRsl: Comments: RECOMMENDATION: Planninq Commission and Staff's Recommendation: Approval of the request to extend the Special Permit for two (2) years. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager K:\ ega11SHARED1LEGAL- DEV.SVCS12012 Agenda & NonAgcnda12012 AflifI)A ITEMSIVista del Mar Irrigation Company101 -09 -2012, Vista del Mar, Case No C1001 -02A SP Extension, Agenda Memo, by EAM, REVISED.docx E u ZONING REPORT Case No.: C1001 -02A Planning Commission Hearing Date: December 7, 2011 Applicant & Legal Description Applicant/Owner: Vista del Mar Irrigation Company Representative: Brud Jones Legal Description/Location: Tracts 1.1 and 12, consisting of 1,230 acres of Jose Maria Tovar Subdivision, located along South Padre Island Drive (Park Road 22) at the KIeberg/Nueces County line between the Laguna Madre and the Gulf of Mexico. Zoning Request From: "RS-6/SP" Single- family 6 with a Special Permit & "RM -AT" Multifamily AT To: Extension of the Special Permit Area: 1,230 Acres Purpose of Request: To allow for the construction of a mixed use development. Existing Zoning and Land Uses Traffic Volume 2010 Existing Zoning District Existing Land Use Future Land Use Site "RS -6 /SP" Single - family 6 & =� -AT" Multifamily AT Vacant Low Density Residential North "RS -6" Single - family 6 Low Density Residential Low Density Residential South Outside City Limits OCL OCL East Gulf of Mexico Water Water West Laguna Madre Water _ Water ADP, Map & Violations Area Development Plan: The subject property is located in the Mustang/Padre Island Area Development Plan (ADP) and is planned for low density residential uses. The proposed time extension of the "RS -6 /SP" Single- family 6 District with a Special Permit is consistent with the Mustang/Padre Island ADP and the adopted Future Land Use Map. Map No.: 031,022 Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the requested "RS -6 /SP" Single - family 6 District with a Special Permit is to allow for a mixed use development. • Transportation and Circulation: The subject property fronts upon South Padre Island Drive (Park Road 22) a designated rural arterial street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2010 S.P.I.D (PR 22) 250' R.O.W., 76' paved 250' R.O.W., 76' paved Rural Arterial 3,458 • Relationship to Smart Growth: The proposed change of zoning would increase the tourism potential and housing opportunities for citizens of Corpus Christi. To the north of the property are existing platted single family subdivisions. The proposed time extension is consistent with the future land use of low density residential uses. • Comprehensive Plan & Mustang/Padre Island Area Development Plan Consistency: The Comprehensive Plan and the Mustang/Padre Island Area Development Plan (ADP) slates the subject property as low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. — 1 1 1 — Zoning Report Case #: C1001 -02A, Vista del Mar Irrigation Company Page 2 Plat Status: Subject property is not platted. Analysis from original Zoning Report c. 2001: • Tract 1 is located in an area known as Coastal Barrier Resources Area (COBRA). As a designated COBRA area, Federal loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. Significant portions of these tracts are wetlands with limited development potential. There is, however, at Least fifty (50 %) percent of the total land for both tracts available for development. In addition, the owner of Tract 1 presented to Planning Commission a "Concept Plan" and an "Intensity Table" for development of the 1,200± acres. The uses proposed by the owner of Tracts 1.1 and 1.2 include executive housing, village residential uses, condominiums, research/office /commercial, resort/conference, village commercial, desalinization plant, two (2) 18 -hole golf courses, and a marina. The density proposed by the owner in the attached Concept Plan and the Intensity Table is less than what would be allowed in the "RM- AT" Multifamily AT District and the "RS -6" Single- family 6 District. Department Comments: • The subject property, known as Area C, consists of Tract 1 ( "Jones Tract "). Tract 1 consists of approximately 1,230 acres that are located on the south side of the Nueces/Kleberg County lines and along both sides of South Padre Island Drive (Park Road 22). Tract 1 is further divided into Tract 1.1 located between Park Road 22 and the Gulf of Mexico, and Tract I.2 located between Park Road 22 and the Laguna Madre. • The property was originally annexed and zoned in 2001 and a Special Permit was granted with a ten (10) year time limit. • No development has occurred on the subject property since the original zoning case in 2001. Staff Recommendation: Approval of the request to extend the Special Permit for two (2) years. Planning Commission Recommendation: Approval of the request to extend the Special Permit for two (2) years. Number of Notices Mailed Total -- 0 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of December 2, 2011 Attachments: 1. Exhibit "D" — Original Concept Plan 2. Exhibit "E" — Intensity Table K:1 LegalISHARED \LEGAL-DEV.5VCS12012 Agenda & Non d 122L2 AGENDA ITEMSIVista del Mar Irrigation Company101 -11 -2012, C1001 -02A, Zoning Report REVISED by AD.doc r 1 cu 2 n ai TD ❑ a co o x c W EXH!t,7 • anned Parkwa [ 111 111112 INTENSITY TABLE Proposed Development Land Use Total Acres Residential Non- Residential Residential Density* Dwellings! ,Hotel Rooms F.A.R. ** _ Square Footage (1,000s) Executive Housing 130 1.5 195 d.u.s Village Residences2 70 14 980 d.u.s Condominiums 40 40 480 d.u.s Research/Office/Commercial 80 0.22 767 Resort/Conference 45 1,500 rooms 1 150 Neighborhood Com 6 0.1 26 Village Commercial/Services3 30 3 90 d.u.s 0.7 523 Z, 18-hole Golf Courses 300 Other Open. Space/Recreation*** 559 Total 1,260' 1,745 d.u.s 1,500 rooms _ 1,486 Residential density measured in dwelling units (d,u,$) per acre. F.A.R. — Floor Area Ratio (square foot of floor area per square foot of site area). Includes marina / open and enclosed amusements IICITYHALLO21LISERSIPLN -DI RIERMA1WORD IM &HIAREACINTENSITYTABLE.DOC ' Executive Housing — single- family detached 1 Village Residences — single- family, attached and/or detached, and multiple-family Village Commercial /Services — may include single - family, attached and/or detached, and multiple - family EXHIBIT E —114— Ordinance amending Zoning Ordinance 024699, upon application by Vista Del Mar Irrigation Company, by adding a two (2) year time extension to the special permit term previously approved; amending the Comprehensive Plan to account for deviations, if any, from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, Vista Del Mar Irrigation Company requested, prior to the initial special permit expiration date provided by Zoning Ordinance 024699, see attached, a two (2) year extension of the ten (10) year special permit term initially approved, therein requesting a total time limit of twelve (12) years. WHEREAS, the Planning Commission has forwarded to the City Council it's reports and recommendations concerning the application of Vista Del Mar Irrigation Company for amendment to the special permit time limit provided in Zoning Ordinance 024699; WHEREAS, hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday March 20, 2012, 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 Zoning Ordinance 024699 is amended by adding a two (2) year extension to the ten (10) year special permit term initially approved, thus extending the total special permit time limit to twelve (12) years. SECTION 2. That that the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except if changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment represents a deviation from the existing Comprehensive Plan, the Comprehensive Plan is amended to conform. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2of3 SECTION 5. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and /or Article 10 of the UDC. SECTION 6. 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 7. That this two (2) year extension shall take effect retroactively to December 31, 2011, . at 12 :01 a.m, a date ten (10) years from the original effective date of Zoning Ordinance 024699. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to form: This AAA Veronica Ocanas Assistant City Attorney For City Attorney day of K:I Legal\SHARED\LEGAL- DEV.SVCS12012 Agenda & NoneT1d612012 AGENDA ITEMS\Vista del Mar irrigation Company101 -13- 2012 C1001 -02A Vista del Mar Irrigation Co, Ordinance -SP, .EAM.doc Page 3 of 3 Corpus Christi, Texas day of , 2012 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 Kelley Allen Larry Ellzondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott KA LegaI \SHARED\LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS\Vista del Mar Irrigation Company101 -13- 2012 01001 -02A Vista del Mar Irrigation Co, Ordinance- SP-Eif 17— =AM.doc °4 c CAPE .UMMER $C 4 DRE ISLAND ND NO 1 SUBJECT PROPERTY 0 900 800 -.Feet Prepared By: SRR Department of DevelopmenrServlces CASE: C1001-02A Exhibit A Planning Commission & Staff Recommendation Zoning: "RS -6 /SP" Single - family 6 with a Special Permit. Ordinance No. 1V UBJECT /PROPERTY fN -i18 `LOCATION MAP = awry City of Corpus Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED 1,282 ACRE TRACT, DESIGNATED AS AREA C, BY ZONING AS "R -1B" ONE- FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR A MIXED USE DEVELOPMENT ON TRACT 11; AS "AT" APARTMENT - TOURIST DISTRICT WITH A SPECIAL PERMIT FOR A MIXED USE DEVELOPMENT ON TRACT 1.1; AND AS "AT" APARTMENT - TOURIST DISTRICT ON TRACT 2; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 10, 2001, October 24, 2001, and November 11, 2001, during a meeting of the Planning Commission, and on Tuesday, December 11, 2001, 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 zoning the newly annexed 1 ,282 -acre tract, designated as Area C, out of the Jose Maria Toyer Subdivision, located along South Padre Island Drive (Park Road 22), at the Kleberg /Nueces County line and between the Laguna Madre and the Gulf of Mexico, as "R -1 B" One - family Dwelling District on Tract 1.2 and as "AT" Apartment - Tourist District on Tracts 1.1 and 2. A metes and bounds description of Area C, Tract 1.1 is attached as Exhibit A. A metes and bounds description of Area C, Tract 1.2 is attached as Exhibit B. A metes and bounds description of Area C, Tract 2 is attached as Exhibit C. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for a mixed use development on Tracts 1.1 and 1.2, (Tract 1.1 zoned "AT" Apartment - Tourist District and Tract 1.2 zoned "R-1B" One - family Dwelling District by Section 1 of this Ordinance). H:ILEG -DI RIDOYLEDCURTI S\MY DOCS120011P&ZORDO T1ZON EAWNX.ORDIDDCIZC 100102AA. DOC _> �rE� —1 1 9— - Page 2 of 4 SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject to the conceptual development plan, attached as Exhibit D, the intensity table, attached as Exhibit E, and the following two (2) conditions: 1. ALLOWED USES: The only development authorized by this Special Permit, other than the uses permitted by right in the "R -1 B" One-family Dwelling District on Tract 1.2 and "AT" Apartment - Tourist District on Tract 1.1, is a mixed use developed as shown on the attached conceptual development plan. Actual development pattern will be established during development stages provided the density and intensity of uses do not exceed those indicated in the conceptual plan. 2. TIME LIMIT: This Special Permit expires ten (10) years from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 4. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 5. That the Zoning. Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, 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 B. 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 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed_ SECTION 8. 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 9. That this ordinance shall take effect at 12:01 a.m., December 31, 2001, the same time that the ordinance annexing this tract of land takes effect. SECTION 10. 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 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 11th day of December, 2001. H:1LEG -D IRIDOYLEDCURTISWYDOCS120011P& ZORDO1\ ZONEANNX.ORD\DDCIZCI00102AA.DOC -120— ATTEST. Armankio Chapa City Secretary Page 3 of 4 THE CITY OF CORPUS CHRISTI amuel L. e. ; Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 30, 2001 James R. Bray, Jr. City By: Doyle D urtis Senior A sistant City Attorney H: ILEG- DIRIDOYLEDCURTRSIMYDOCS120011P &ZORDQI I ONEANNX.ORDIDDCIZC 100102AA.DOC -121— Corpus Chri ti, Texas day of a 'Q1 Page4of4 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, Council Members The above ordinance was pass Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Respectfully, —� Samuel L. Nea , r. Mayor, The City of Corpus Ch d by the following vote: H,1 LEG - DIRIDOYLEDCURTIS IMYDOCS120011P& ZORD011ZONEANNX .ORRDIDDC,ZCI00'E 02MA.DOC 6 METES AND BOUNDS AREA C TRACT 1.1 476 acres, more or less, out of a 1,260.57 acre tract, more or less, located south of and adjacent to the Nueces - Kleberg county line and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas map records, said 476 acre tract, now or formerly owned by Lawrence R. Jones, Jr. et al, is located south of an adjacent to the Nueces - Kleberg county line and east of and adjacent to Park Road 22 and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the Nueces - Kleberg county line and the centerline of Park Road 22, for the north comer of this tract; THENCE, southw4sterly along the Nueces - Kleberg county line, 1,850 feet, more or less, to a paint on the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east comer of this tract; THENCE, southwesterly along said vegetation line which is approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico side of Padre Island, 7,843 feet, more or less, to a point on the southwest boundary line of said 1,260.57 acres, for the south corner of this tract; THENCE, northwesterly along the southwest boundary line of said 1,260.57 acre tract, 4,320 feet, more or less, to a point on the centerline of Park Road 22, for the west corner of this tract; THENCE, northeasterly along the centerline of said Park Road 22, its curves and its angles, a total linear distance of 6,798, feet, more or less, to a point on the Nueces- Kleberg county line, for the POINT OF.BEGINNING. H:1PLN- DIRIERMAI WORDW &a\AREACTRACTl . l . DOC EXHIBIT A —123— METES AND BOUNDS AREA C TRACT 1.2 754 acres, more or Iess, out of a 1,260.57 acre that, more or less, located south of and adjacent to the Nueces - Kleberg county line, and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas, map records, said 754 acre tract, now or formerly owned by Lawrence R. Jones, et al, is located south of and adjacent to the Nueces - Kleberg county line and between Park Road 22 and the Laguna Madre and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the Nueces - Kleberg county line and the centerline of Park Road 22, for the east comer of the tract here -in described; THENCE, southwesterly along the centerline of said Park Road 22, its curves and its angles, a total linear distance of 6,798 feet, more or less, to a point on the southwest boundary line of said 1,260.57, for the south corner of this tract; THENCE, northwesterly along the southwest boundary line of said 1,260.57 acre tract, as follows; N 46° 12' 57" W, A distance of 487.05 feet, more or less; N 39° 59' 21" W, A distance of 81 L42 feet, more or less; N 87° 51' 25" W, A distance 551.75 feet, more or less N 61° 15' 12" W, A distance of 2,937.08 feet, more or less; THENCE, North 61° 14' 42" West continuing along the southwest boundary line of said I,260.57 acre tract, 974.38 feet, more or less, to a point on the shoreline of the Laguna Madre, the present city limit line established by Ordinance No. 10007, dated November 18, 1970, for the west corner of this tract; THENCE, Northeasterly along said shoreline and the present city limit line as follows; N 48° 17' 33" E, A distance of 721.82 feet, more or less; N 330 16' 49" E, a distance of 614,94 feet, more or less; N 38° 06' 16" E, A distance of 671.21 feet, more or less; N 45° 47' 20" E, A distance of 206.28 feet, more or less; N 64° 57' 01" E, A distance of 344.90 feet, more or less; S 81° 08' 24" E, A distance of 139.73 feet, more or Iess; THENCE, North 25° 34' 09" East continuing along said present city limit line, 899.61 feet, more or less, to a point on the Nueces - Kleberg county line, for a corner in the present city limit line, and an outside corner of this tract; EXHIBIT B —124 -- Metes and Bounds Area C, Tract 1.2 Page 2 THENCE, North 72° 19' 32" East along the Nueces - Kleberg county line, the present city limit line, 1,106.23 feet, more or less, to a point, for an inside corner of this tract; THENCE, North 730 48' 14" East continuing along the Nueces - Kleberg county line, the present city limit line, 1,890.78 feet, more or less, to a point, for a corner in the Nueces- Kleberg county line and the north comer of this tract; THENCE, South 69° 56' 35" East continuing along the Nueces- Kleberg county line, the present city limit line 4,638 feet, more or less, to a point on the centerline of Park Road 22, for the POINT OF BEGINNING. H:1PLN -D II11ERMAIWORDWI &BIAREACTRACT1.2.DOC EXHIBIT B -125- METES AND BOUNDS AREA C TRACT 2 52 acres, more or less, out of an 18.07 acre tract located east and adjacent to Park Road 22 and north of and adjacent to the Nueces - Kleberg county line, described in Document No. 840580, Nueces County, Texas plat records and out of a 37 acre tract, more or less, locatedeast of and adjacent to Park Road 22 and north of and adjacent to said 18.07 acre tract, described in Document No 1998050703, Nueces County, Texas, plat records, said 52 acres, more or less, more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the east right -of -way line of Park Road 22 (South Padre Island Drive) and the Nueces - Kleberg county line, for a comer in the present city limit line established by Ordinance No. 016752, dated November 18, 1981, and the west comer of the tract here -in described; THENCE, northeasterly along the east right -of -way of Park Road 22, the present city limit line, its curves and its angles, a linear distance of 1,121 feet, more or less, to a point on the south boundary line of Nueces County Park No. 1, for the north comer of said 37 acres and the north comer of this tract; THENCE, southeasterly along the south boundary line of Nueces County Park No. 1 the northeast boundary line of said 37 acre tract, 2,048 feet, more or less, to a point on the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east corner of this tract; THENCE, southwesterly along said vegetation line, approximately 150 feet west of and generally parallel to the shoreline of the Gulf of Mexico side of Padre Island, a linear distance of 1,121 feet, mor or less, to a point on the Nueces- Kleberg county line for the south comer oft his tract; THENCE, northwesterly along said Nueces- Kleberg county line, 2,048 feet, more or less, to a point on the east right -of -way line of Park Road 22, for the point of beginning. H: 1PLN- DlRIERMA \WQRDIIvI &BIAREACTRACT2.1X/C EXHIBIT C —126— z< it rya: lir 0 a3 c IT o cu o 11 INI=P cu o irl •EZM�li , 1=M11.01:Tii =TM a) o [V � oo E a - o *a N V •L ._ N IIS FE CD Z > ❑ 111111111R11 I EXHIBIT D anned Parkwa INTENSITY TABLE Proposed Development Land Use Total Acres Residential Non - Residential Residential Density* Dwellings/ Hotel Rooms F.A.R. ** Square Footage (1,000s) Executive Housing4 130 1.5 195 d.u.s Village Residences 70 14 980 d.u.s Condominiums 40 40 480 d.u.s Research/Office/Commercial 80 0.22 767 Resort/Conference 45 1,500 rooms 1 150 Neighborhood Com 6 0.1 26 Village Commercial /Services' 30 3 90 d.u.s 0.7_ 523 2, 18 -hole Goff Courses 300 Other Open Space/Recreation "' 559 Total 1,260 1,745 d.u.s 1,500 rooms • 1,466 * Residential density measured in dwelling units (d.u.$) per acre. * * F.A.R. — Floor Area Ratio (square foot of floor area per square foot of site area). * ** Includes marina / open and enclosed amusements UCITYHALLOZUSERSIPLN -DI RIERMAIWORDWI &BUREACINTENS1TYTA3 LE,DOC 1 Executive Housing— single - family detached 2 Village Residences — single - family, attached and/or detached, and multiple - family 7 Village Commercial /Services — may include single- family, attached and/or detached, and multiple - family EXHIBIT E —128— 11 DATE: TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services( Danbacctexas. corn (361) 826 -3729 Valerie Gray, P.E. Director of Streets and Storm Water Services VGrav(cctexas.corn (361) 826 -1 875 Foster Crowell, Director Wastewater S rvices Fcrowell()a cctexas.cern (361) 826 -1801 Gustavo Gonzalez, Director of Water Services _- 6� Ggonzalez(a7cctexas.com It't-6 4 (361)82.6 -1874 Debbie Marroquin, Director of Gas Se Dmarroquin©cctexas. com (361)853 -0377 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 1/18/2012 CAPTION: Motion to execute Construction Contract: Woolridge Road from Rodd Field Road to Quebec Drive Motion authorizing the City Manager, or designee, to execute a Construction Contract with Grace Paving & Construction in the amount of $2,719,256.42 for Woolridge Road from Rodd Field Road to Quebec for the Base Bid (Bond 2008). BACKGROUND AND FINDINGS: This section of Woolridge Road has increased traffic due to new subdivision development. The proposed improvements will include: a five -lane roadway with four travel lanes and continuous left turn lane. Other improvements include: curb and .gutter, sidewalks, ADA curb ramps, lane striping, pavement markings, street lighting and signal adjustments. On January 18, 2012, the City received proposals from five (5) bidders and the lowest three bidders and their respective bids are as follows: . Contractor Base Bid Grace. Paving and Construction Inc. Corpus Christi, Texas $2,719,256.42.00 Texas Sterling Construction Co. Athens, Tennessee $2,813,782.25.00 Berry Contracting LP, DBA Bay Ltd. Corpus Christi, Texas $3,048,656.45,00 K:IENGINEERING DATAEXCHANGESROBERTQ1 8TREETSPROJECTNO.E493WOOLRIDele a DFIELDTOOUEBECGRIVEIGRACE PAVING & CONSTRUCTION, LARGE AEICITY COUNCIL ACTION 1TBM.DOCX ALTERNATIVES: 1. Award project as presented 2. Don't award project (not recommended) OTHER CONSIDERATIONS: The City's consultant, LNV Engineering, conducted a bid analysis of the five proposals submitted to the City. The lowest bidder based on the Total Base Bid is Grace Paving and Construction, Inc of Corpus Christi, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Grace Paving and Construction, Inc. have the experience and resources to complete the project. City staff recommends that the City award the Base Bid in the amount of $2,719,256.42 to Grace Paving and Construction, Inc. CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street, Storm Water, Wastewater, Water, Gas Capital Budgets. EMERGENCY 1NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Street, Storm Water, Wastewater, Water, Gas FINANCIAL IMPACT: Operating Expense Fiscal Year: 201 1 -2012 Project to Date Expenditures (CIP only) Current Year- Future Years TOTALS Line Item Budget Design / Expended Amount $2,534,900.00 $1,357,400.00 $0.00 This item 819,934.68 0.00 0.00 2,7119,256,42 0.00 0.00 _ $3,892,300.00 BALANCE $1,714,965.32 ($1,361,856.42) Fund(s): Street, Storm Water, Wastewater, Water Gas Operating Comments: The project requires 270 calendar days, with anticipated completion approximately December 2012. RECOMMENDATION: City staff recommends adoption of construction contract as presented. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager $0.00 819,934.68 2,719,256.42 $353,108.90 K:IENGINEERING DATAEXCHANGESROBERTQISTREETI PROJECTNO. B493WOOLRIDGEROADFROMRODDFIELDTOQUEBECDRIVEIGRACE PAVING & CONSTRUCTION, LARGE AEICITY COUNCIL ACTION ITEM.DOCX - 132— PROJECT BUDGET WOOLRIDGE ROAD FROM RODD FIELD ROAD TO QUEBEC DRIVE Project No. 6493 March 20, 2012 FUNDS AVAILABLE: Street Capital Improvement Budget $1,510,000.00 Storm Water Capital Improvement Budget 1,278,500.00 Wastewater Capital Improvement Budget 692,800.00 Water Capital Improvement Budget 400,000.00 Gas Capital Improvement Budget 11,000.00 TOTAL AVAILABLE' $ 3,892,300.00 FUNDS REQUIRED: Construction (Grace Paving & Construction, INC) Base Bid $2,719,256.42 Contingencies (10 %) 271,925.00 Consultant Fees: Consultant Design (LNV Engineering) * 624,723.00 Construction Materials Testing (Rock Engineering) 35,845.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 107,038.25 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) .87,576.75 Finance Reimbursements 42,923.75 Misc. (Printing, Advertising, etc.) 3,000.00 TOTAL $3,892,288.17 Estimated Project Balance $0.00 * Consultant Contract awarded administratively on July 21, 2009 motion No. M2009 -198 Construction Observation Services included in LNV Engineering's consultant contract. —133-- Ht ro'ect councilexhibits exh6493,dw LOCATION MAP NOT TO SCALE PROJECT # 6493 f\ VI INITYMAP�� C NOT TO SCALE BOND ISSUE 2008 WOOLDRIDGE ROAD FROM RODD FIELD ROAD TO WEBEC CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 12 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: March 20, 2012 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police.� richardb @cctexas.com 361- 886 -2603 Constance P. Sanchez, Director of Financial Services constancep @cctexas.com 361 - 826 -3227 Amending current contract with RedFlex Traffic Systems, Inc. for installation of Additional Red Light Cameras and Executing a Second Agreement with RedFlex Traffic Systems, Inc. for Citation Verification Services as it relates to the Flagging of Vehicle Registrations CAPTION: Part A: A motion authorizing an amendment to the agreement between the City of Corpus Christi, TX and Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program. Part B: A motion executing a Standard Form Citation Verification Services Program Agreement between the City of Corpus Christi and Redflex Traffic Systems, Inc. BACKGROUND AND FINDINGS: Part A: The amendment to the agreement referenced in the first part of this agenda item extends the existing contract for an additional five -year term with the right to renew for two additional five -year periods. The terms and conditions for the monthly fees in the renewal remain the same at $4,870 per month per camera and allows for the retrofitting of six designated intersection approaches from the current video detection system to inductive loops and for the re- location of cameras at three designated intersection approaches. The re- locations, however, will be contingent on the successful installation of three new approaches for each re- location. The existing agreement was approved by the City Council on January 30, 2007. At that time, request for proposals was solicited, and there were two responders. Based upon a best value" valuation, Redflex Traffic Systems, Inc. was awarded the contract. The term of the agreement began on March 26, 2007 — the date that the first camera became operational. The initial agreement was for a 5 -year term with two one -year renewals. As part of the initial contract, the City has elected to renew the existing contract for an additional 30 -day period to April 26, 2012. Part A of this agenda item extends the term of the initial contract for another 5 -year period with two automatic 5 -year renewals and will fix the per camera monthly fee at the current rate for the term of the renewal. Part B: The second part of this agenda item is requesting authorization to execute a second agreement with Redflex Traffic Systems, Inc. to provide citation verification services as it relates to the flagging of vehicle registrations for individuals who are delinquent in paying their red light camera violations. The term of this agreement coincides with the term of the amendment noted in Part A and is for a period of five years with the right to automatically renew for two additional five -year periods. The cost to the City of Corpus Christi will be payment to Redflex in the amount of $10.00 for each "flag" file submitted to the Texas Department of Motor Vehicles. A similar such agreement was executed with Reflex Traffic Systems, Inc, in March 2011 but this new agreement will now be linked with the terms of the main Redflex Traffic Systems, Inc. agreement noted in Part A of this agenda item. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Since the flagging of vehicle registrations began in March 2011, collections on red light violations have increased significantly. From March 2011 to April 2011, the City of Corpus Christi realized an increase of 17 %. Then from April 2011 to May 2011, collections increased by 36.8% and have been consistently higher each month since March 2011. Approval of Part B of this agenda item will enable the continuance of this program to potentially increase collections even further. FINANCIAL IMPACT: Part A: Not Applicable X Operating Expense ID Revenue i CIP FISCAL YEAR Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget for Redlight Enforcement - $ 1,886,82E $ 7,597,200 $ 9,484,026 Encumbered /Expended amount of February 20, 2012 - $ 495,764 - $ 495,764 This item - $ 189,930 $ 7,597,200 $ 7,787,130 BALANCE - $ 1,201,132 - $ 1,201,132 FUND(S): Fund 1045 Redlight Photo Enforcement COMMENTS: The amount listed as the current year expenditure for this item represents the cost budgeted for Fiscal Year 2011 -2012 for 13 cameras at $4,870 per month for 3 months remaining in the fiscal year (April 26, 2012 — July 31, 2012). The future years' expenditures represent this annual cost for two additional 5 -year terms for the existing 13 cameras — which is a cost of $7,597,200 ($759,720 per year x 5 years x 2 renewal periods). As additional cameras are added, additional -138- revenue will also be collected to offset the cost of the cameras. Additionally, the contract assures "cost neutrality" for the City of Corpus Christi — meaning that the maximum fee that the City would pay Redflex each month is the "fixed fee" (Le., the price per camera per month). Each month, the revenue generated from the red light camera violations is compared to the fixed fee, and the City is obligated to pay Redflex only to the extent that the revenue generated exceeds the cost. In the event that there is not revenue generated to cover the fixed fee, the difference is carried forward to be paid from future surpluses. In the event that the contract terminates prior to the City paying off the balance, Redflex agrees to forfeit the balance owed. For Fiscal Year 2011 -2012 over $2,500,000 of revenue was budgeted for red light camera violations. This revenue is used to cover the cost of the program (including this contract and police officers' costs) as well as "allowable" traffic safety costs. The remaining amount will then "split" with the State of Texas on a 50 % -50% allocation at the end of the fiscal year. The City's portion remains in the "Redlight Photo Enforcement Fund" and can only be used for "allowable" traffic safety costs or programs. Part B: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget for Redlight Enforcement - $ 1,886,826 $ 312,000 $ 2,198,826 Encumbered /Expended amount as of February 20, 2012 plus Part A $ 495;764 $ 189,930 - $ 685,694 This item - _ $ 7,800 $ 312,000 $ 319,800 BALANCE - $ 1,193,332 - $ 1,193,332 FUND(S): Fund 1045 Redlight Photo Enforcement COMMENTS: The amount listed as the current year expenditure for this item represents the cost budgeted for Fiscal Year 2011 -2012 for flagging an estimated 260 vehicle registrations per month at $10 per flag for 3 months remaining in the fiscal year (April 26, 2012 -- July 31, 2012). Included in the encumbered /expended amount are actual expenditures incurred through February 20, 2012 and the expenditures to be incurred for Part A of this agenda item. The future years' expenditures represent this cost annualized for the term of the contract - which represents two 5 -year renewals. Using the estimation of 260 flags per month for 12 months, this equals 3,120 flags being placed annually at $10 per flag for an annual cost of $31,200. Then when you multiply this by the term of the renewal period (two 5 -year period), this equates to $312,000. It should also be noted that the August 31, 2011 aging report reflects outstanding balances for vehicles registered in Nueces County 91 days past due or greater for red light camera violations to be $2,050,619.95. The annualized cost for flagging the vehicle registrations of $31,200 represents only 1.5% of the outstanding balance which appears to be a good return on the City's investment. RECOMMENDATION: Approval of both motions CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY INON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: • Legal • Police Department • Financial Services LIST OF SUPPORTING DOCUMENTS: Contract for Amendment Contract for Citation Verification Services Program Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Margie C. Rose, Assistant City Manager -140- AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Amendment ( "Amendment ") is made as of the date of the last signature contained herein to the Agreement for Photo Red Light Enforcement Program (the "Agreement ") made on or about January 30, 2007 between Redflex Traffic Systems, Inc. ( "Redflex "), a Delaware Corporation with offices located at 23751 N. 23`d Avenue, Suite 150, Phoenix Arizona 85085 and The City of Corpus Christi (the "Customer" and/or the "City "), Texas, a municipal corporation with offices at 1201 Leopard Street, Corpus Christi, Texas 78401, individually the "Party" and collectively referred to as the "Parties ". RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to continue to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to monitor, identify and enforce photo red light violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions on municipal streets that will be monitored pursuant to the , terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the Parties amend the Agreement as follows: AMENDED TERMS AND CONDITIONS 1. Extension of Initial Term. The term of the Agreement shall be extended for an additional five (5) years ( "Extended Term ") commencing on April 26, 2012. Thereafter, the Agreement shall automatically renew for up to two (2) additional five (5) year terms unless the Customer provides Redflex written notice of non - renewal at least thirty (30) days prior to expiration of the then current term. 2. Termination for Cause. Provision 6.1. of the Agreement, entitled, "TERMINATION FOR CAUSE:" is hereby deleted in its entirety and replaced with the following language: "6.1. TERMINATION FOR CAUSE. Either party shall have the right to terminate, by written notice to the other party, this Agreement as follows: 1) after 120 days in the event of a termination for cause under provision 6.1(i) or 6.1(iv); or 2) immediately in the case of termination for cause under 6.1(ii), 6.1(iii), or 3) after the expiration of the 45 calendar day cure period in the case of termination under provision 6.1(v), if any of the following termination for cause events occur: (i) Texas or Federal laws are enacted or amended to prohibit or substantially change (the "Change ") the operation of photo red light enforcement systems and the Change that affects the operation of the photo red light enforcement systems cannot be successfully resolved, cured or mitigated within 120 days after the enactment or amendment; (ii) any Court having jurisdiction over any Texas municipality or other Texas local government, rules, or Texas or Federal law declares, that results from photo red light enforcement are inadmissible in evidence; (iii) any court having jurisdiction over any Texas municipality or over any other Texas local government rules that use of photo red light enforcement systems violates State or Federal law; (iv) the City of Corpus Christi is enjoined by a Court of law from enforcement of the City ordinance regarding photographic traffic signal enforcement system or enjoined from enforcement of this contract and the injunction cannot be successfully lifted, resolved, cured or mitigated within 120 days after the injunction was entered by the Court; or (v) the other party commits any material breach of any of the provisions of this Agreement. In the event of termination due to Section 6.1(ii), or 6.1 (iii), Customer shall be immediately relieved of any remaining obligations for payments to Redflex. In the event of termination due to Section 6.1(i), or 6.1(iv) above, Customer's payment obligations to Redflex shall be waived only from date of the enactment of the Change as defined in Section 6.1 (i) or date of the injunction by a Court as described in Section 6.1 (iv), until such time as the cause for the termination is successfully resolved, cured, or mitigated to the extent reasonably and legally permissible under the circumstances. In the event of termination after the expiration of the periods expressly described in section 6.1(1) or 6.1(iv), then Customer shall be immediately relieved of any remaining obligations for payment to Redflex. In the case of termination under Section 6.1 (v) above, either party shall have the right to remedy the cause for termination within forty -five calendar days (or 2 —142— within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed), after written notice from the non - causing party setting forth in reasonable detail the events of the cause for termination. If a breach by Redflex remains uncured after forty -five calendar days, then the City may terminate the Agreement immediately by written notice to Redflex and the City shall be relieved of any further obligations for payment to Redflex. 3. Termination for Convenience. Provision 6.3 of the Agreement, entitled "TERMINATION FOR CONVENIENCE" is hereby deleted in its entirety and replaced with the following language: "6.3 TERMINATION FOR CONVENIENCE. The Customer may terminate this Agreement without cause at any time by giving thirty (30) days written notice of termination to Redflex. In the event the Customer terminates this Agreement without cause the Customer shall pay to Redflex an amount equal to the unamortized cost, as hereinafter defined, of the direct labor costs and direct material costs (but not including equipment cost and salvageable material costs) solely associated with the installation of Intersection Approaches which have been installed prior to termination based on the following: 1. A seven (7) year, month by month amortization schedule for all Intersection Approaches (referred to as the "Intersection Approach 7 Year Amortization Schedule" and attached to this Amendment as Exhibit "1 "). This amortization schedule shall commence as of the "Go Live" date of each Intersection Approach. Redflex shall provide an itemization, with supporting invoices and labor expense documentation, to the Customer of the amount of direct labor costs and direct material costs (but not including equipment costs and salvageable material costs) solely associated with the installation of an Intersection Approach within thirty days of the completion of each intersection approach, said amount is expected to be in the range of $20,000 to $40,000 per Intersection Approach, but in no event shall said amount exceed $40,000 per Intersection Approach. Notwithstanding the foregoing, for each Intersection Approach for which there are between twelve (12) to twenty -four (24) complete months between the execution date of this amendment and the date of termination without cause, the unamortized cost amount to be paid by the Customer to Redflex pursuant to this section shall not exceed the amount which the Customer received from paid Notices of Violation attributable to the Intersection Approach through the date of termination. 4. Modifications to Exhibit "B ". EXHIBIT "B" of the Agreement, entitled "Construction and Installation Obligations" is hereby amended by adding the language as follows: " Redflex shall, at Redflex' sole expense, retro -fit the following six (6) Designated Intersection Approaches from the current video detection system with inductive loops or other preferred detection devices as mutually agreed upon by both Parties in writing, in accordance with schedule mutually agreed to by Redf lex and Corpus Christi Police Department Captain with oversight of the Red light camera program. 1. CCR- EVHO -01 Everhart Rd and Holly Rd (NB) 2. CCR EVHO -02 Everhart Rd and Holly Rd (SB) 3. CCR - GRGO -01 Greenwood Dr and Gollihar (SB) 4. CCR- HOWE -01 Holly Rd and Weber Rd (EB) 5. CCR- OCDO -01 Ocean Dr and Doddridge Rd (NB) 6. CCR - STWI -01 Staples St and Williams Dr (NB) Redflex shall relocate the following Designated Intersection Approaches listed below if and only if 1) the City Manager approves the addition of three (3) new approaches (the "Three Additional Approaches" or "Newly Added Approaches ") per each relocated Designated Intersection Approach; and 2) the "Three Additional Approaches" are successfully installed, implemented and become fully operational prior to the commencement of any relocation activities regarding any of the below Designated Intersection Approaches: 1. CCR - YOCI -01 Yorktown Blvd and Cimarron Blvd 2. CCR- MCA -01 McArdle Rd and Airline Rd (WB) — survey NB, EB and SB 3. CCR - AYBA -01 Ayers St and Baldwin Blvd (NB)" 5. Provisions Deleted from Exhibit "D ". The following provisions listed below from the section entitled, "BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:" of EXHIBIT "D ", "COMPENSATION & PRICING" are hereby deleted in their entirety: "4. A Designated Intersection Approach can be relocated to an alternative location at the request and expense of the Customer. Such costs will be supported by actual invoices from contractors providing the relocation services." and "5. NON PRODUCTIVE CAMERAS. If the Customer and Redflex mutually agree that a camera does not provide public value or has not reached the desired safety goals, a new location will be mutually selected and the camera will be moved at NO COST to the Customer. If no further locations are mutually agreed upon the Customer will inform Redflex in 4 —144— writing and the camera will be removed at NO COST to the Customer within thirty (30) calendar days after the receipt of the written notice. The billing for the camera will stop immediately upon receipt of the written notice." 6. Provisions Added to Exhibit "D ". EXHIBIT "D ", entitled "COMPENSATION & PRICING ", is here by amended by adding the language as follows: "Additionally, Customer shall be obligated to pay to Redflex a fixed fee of $4,870 per month for each of the Newly Added Approaches. The Cost Neutrality provisions of Exhibit D apply to fixed fees for the Newly Added Approaches.". 7. Modification to EDIT "A ". Exhibit "A ", entitled "Designated Intersection Approaches" is hereby amended to include the below quoted language as follows: "This contract is for the operation of at Least thirteen (13) cameras. Selection of additional enforced intersection approaches will be determined by the City Manager upon meeting the appropriate benchmarks of violation volume, traffic volume, and crash data to be provided by the City Manager or his designee and Redflex." 8. Road Repairs & Construction Projects. The operation of an installed camera shall be temporarily suspended as a result of any Customer - authorized road repairs, street improvements or stop work order that interrupts, impedes, obstructs or interferes with the successful performance of the installed camera for a period of fourteen (14) or more calendar days. 9. Commerciallv Reasonable Adjustments. On the third anniversary of the execution of this Amendment and each subsequent third anniversary thereafter, the Parties agree to examine in good faith the underlying financial requirements and compensation requirements of the Agreement and, if necessary, negotiate mutually acceptable and commercially reasonable adjustments ( "Adjustment(s) ") thereto. Any and all Adjustment(s) shall be enforceable only if in writing signed by authorized representatives of both Parties. 10. Enforceability of Non - Amended Terms and Conditions. Except as expressly amended in writing in this Amendment, the terms and conditions of the Agreement and any and all amendments, attachments and exhibits attached thereto and incorporated herewith by reference shall be unchanged and shall remain enforceable and in full force and effect. 11. Relationship Between Redflex and the City. Nothing in this Amendment or the Agreement shall create, or be deemed to create, a partnership, joint venture and/or the relationship of principal and agent and/or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained herein shall permit, authorize, sanction and/or allow, at any time, either Party to incur any debts and/or liabilities on behalf of the other Party. 5 —145- 12. Headings. The captions, titles, paragraph headings used in this Amendment are for convenience only, and are not a part of this Amendment, and shall not be deemed relevant in construing and/or interpreting this Amendment. 13. Execution And Counterparts. This Amendment may be signed in counterparts, and each counterpart shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree that such counterpart shall be effective and enforceable on or about the date of the last required signature. 14. Covenant of Further Assurances. All Parties to this Amendment shall take, undertake, approve, sanction, and perform, in full, any and all acts and activities and execute and deliver any and all certificates, documents, permits, Iicenses, agreements, contracts, written instruments and other papers deemed necessary and appropriate for successful and complete compliance with each and every term and condition of this Amendment. 15. Authority to Execute. The undersigned individuals hereby warrant and represent that they have full authority to execute this Amendment on behalf of the entities for which they have signed. 16. Legal Competence. The Parties hereto expressly represent and warrant that they are legally competent to execute this Amendment and that they do so of their own free will and accord without reliance on any representations of any kind or character not expressly set forth herein. 17. No Duress. The Parties expressly represent and warrant that this Amendment has been freely and voluntarily entered into and that the Parties did not execute this Amendment under duress of any kind, from any Party or person, regardless of whether they are a signatory hereto. 18. Joint Efforts. This Amendment has been prepared by the, joint efforts of the respective attorneys for the Parties and each Party acknowledges and agrees that the general rule of contract construction providing that the provisions of a contract are to be strictly construed against the drafter of the agreement is hereby waived. 19. No Waiver. No waiver of any of the terms of this Amendment shall be binding unless in writing and signed by all Parties hereto. No waiver of any term of this Amendment shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 20. Severability. The invalidity or unenforceability of any paragraph or provision of this Amendment shall not affect the validity or enforceability of the remainder of this Amendment, or the remainder of any paragraph or provision. This Amendment shall be construed in all respects to the fullest extent permitted by law, and as if any invalid or unenforceable paragraph or provision was omitted. 21. Understanding. The Parties to this Amendment represent that they have received independent advice of counsel concerning the meaning and legal effect of the terms of this 6 —146— Amendment. After such counseling, the Parties represent that they fully understand this Amendment and its terms, and, with this full understanding, voluntarily enter into this Amendment as evidenced by signing it below. The Parties have read and understand all terms and conditions of this Amendment. 22. Binding Effect. This Amendment and Exhibit B and Exhibit D attached hereto shall inure to the benefit of and be binding upon the assigns and successors of the respective Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as set forth below. THE CITY OF CORPUS CHRISTI: Date: Date: 2 -ZZ -1 Z_ Signature: Signature ,„ Name: Name: Aoie1 Title: Title: CFI) REDFLEX TRAFFIC SYSTEMS, INC.: AFProvad as to iorm:. t3 3, 2pl - Lisa Agui Assistant City Attorney For City Attorney EXHIBIT "1" "Intersection Approach 7 Year Amortization Schedule" "Go Live" Date Number of months used Months Remaining Sum of Depreciation Cap $20K - $40K "Go Live" Date Number of months used Months Remaining Sum of Depreciation Cap $20K - $40K xx/xx/20xx 0 84 $476.19 $40,000.00 xx/xx/20xx xx/xx/20xx 43 44 41 40 $476.I9 $476.19 $19,523.83 $19,047.64 xx/xx/20xx 1 83 $476.19 $39,523.81 xxlxx/20xx 2 82 8476.19 839,047.62 xx/xx/20xx 45 39 8476.19 $18,571.45 xx/xx/20xx 3 81 $476.19 $38,571.43 xx/xx/20xx 46 38 $476.19 $18,095.26 $17,619.07 xx/xx/20xx 4 80 $476.19 $38,095.24 xxJxx/20xx 47 37 $476.19 xx/xx/20xx 5 79 $476.19 $37,619.05 xx/xx/20xx 48 36 $476.19 $17,142.88 $16,666.69 $16,190.50 $15,714.31 $15,238.12 $14,761.93 xx/xx/20xx 6 78 8476.19 $37,142.86 xx/xx/20xx 49 35 $476.19 xxlxx/20xx 7 77 $476.19 $36,666.67 xxh x/20xx 50 34 $476.19 xx/xx/20xx 8 76 $476.19 $36,190.48 xx/xxl20xx 51 33 $476.19 xxlxx/20x0( 9 75 $476.19 835,714.29 xx/x2d20xx 52 32 $476.19 xx/xx/20xx 10 74 $476.19 $35,238.10 xx/xx120xx 53 31 $476.19 Wm/20)x 11 73 $476.19 $34,761.91 xxlxx/20xx 54 30 $476.19 $14,285.74 xx/xx/20xx. 12 72 $476.19 $34,285.72 xx/xx/20xx 55 29 $476.19 $13,809.55 7,xlxx/20xx 13 71 $476.19 $33,809.53 xx/xx/20xx 56 28 $476.19 $13,333.36 xx/xx/20xx 14 70 $476.19 $33,333.34 xx/xx/20xx 57 27 $476.19 $12,857.17 xx/xx/20xx 15 69 $476.19 $32,857.15 xx/xx/20xx 58 26 $476.19 $12,380.98 xx/xx/20xx 16 68 $476.19 $32,380.96 xx/xx/203x 59 25 $476.19 $11,904.79 xx/xx/20xx 17 67 $476.19 $31,904.77 xx/xx/20xx 60, 24 $476.19 $11,428.60 $10,952.41 $10,476.22 xx/xx/20xx 18 66 $476.19 $31,428.58 $30,952.39 xx/xx/20xx xx/xx/20xx 61 62 23 22 $476.19 , $476.19 xx/xx/20xx 19 65 8476.19 xx/xx/20xx 20 64 $476.19 $30,476.20 xx/xx/20xx 63 21 $476.19 $10,000.03 xx/xx/20xx 21 63 $476.19 $30,000.01 xx/xxl203ac 64 20 $476.19 $9,523.84 xx/xx/20xx 22 62 $476.19 $29,523.82 xx/xx/20xx 65 19 $476.19 $9,047.65 xx/xx/20xx 23 61 $476.19 $29,047:63 xx/xx/20xx 66 18 $476.19 $8,571.46 $8,095.27 xx/xx/20xx 24 60 $476.19 $28,571.44 xx/xx/20xx 67 . 17 $476.19 xx/xx/20xx 25 59 $476.19 $28,095.25 xx/xx/20xx 68 16 $476.19 $7,619.08 xx/xx/20xx 26 _ 58 $476.19 827,619.06 xx/xx/20xx 69 15 $476.19 $7,142.89 xx/xx/20xx 27 57 $476.19 $27,142.87 xx/xx/20xx 70 14 $476.19 $6,666.70 xxlxx/20xx 28 56 $476.19 $476.19 $26,666.68 $26,190.49 xx/xx/20xx xx/xxl20xx 71 72 13 12 $476.19 $476.19 86,190.51 $5,714.32 xx/xx/20xx 29 55 xx/xx/20xx 30 54 $476.19 $25,714.30 xxlxx/20xx 73 11 $476.19 $5,238.13 xx/xx/20xx 31 53 $476.19 $25,238.11 xx/xx/20xx 74 10 $476.19 $4,761.94 $4,285.75 xx/xx/20xx 32 52 $476.19 $24,761.92 xxlxx/20xx 75 9 $476.19 xxlxx/20xx 33 51 $476.19 $24,285.73 xxlxx/20xx 76 8 $476.19 $3,809.56 xx/xx/20xx 34 50 $476.19 $23,809.54 xx/xx/20xx 77 7 $476.19 $3,333.37 - xx/xx/20xx 35 49 $476.19 $23,333.35 xxlxx/20xx 78 6 $476.19 $2,857.18 xx/xx/20xx 36 48 $476.19 $22,857.16 xx/xx/20xx 79 5 $476.19 $2,380.99 xx/xx/20xx 37 47 $476.19 $22,380.97 xx/xx/20xx 80 4 $476.19 $1,904.80 xx/xx/20xx 38 46 $476.19 $21,904.78 xx/xx/20xx 81 3 $476.19 $1,428.61 xx/xx/20xx 39 45 $476.19 $21,428.59 xx/xx/20xx 82 2 $476.19 $952.42 xx/xx/20xx 40 44 $476.19 $20,952.40 xx/xx/20xx 83 1 $476.19 $476.23 xx/xx/20xx 41 43 8476.19 $20,476.21 _ _ xx/xx/20xx 84 0 $476.19 $0.04 xx/xx/20xx 42 42 $476.19 _ 820,000.02 End of Document. STANDARD FORM CITATION VERIFICATION SERVICES PROGRAM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND REDFLEX TRAFFIC SYSTEMS, INC. This Agreement (this "Agreement" or "CVSP Agreement ") is made as of this day of 2012 by and between Redflex Traffic Systems, Inc., a Delaware Corporation, with offices located at 23751 N. 23rd Avenue, Phoenix, Arizona 85085 ( "Redflex ") and The City of Corpus Christi, a municipal corporation, with offices at 1201 Leopard Street, Corpus Christi, Texas 78401 (the "Customer "). Redflex and the Customer are sometimes individually referred to herein as a "Party" and/or collectively referred to herein as the "Parties ". RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, technologies, computer programs and citation processes related to the review of delinquent civil penalties related to and/or associated with automatic photo red light violations; and WHEREAS, the Customer desires to engage the services of Redflex to provide a Violation Verification Program as expressly stated herein so that the Customer may identify and/or confirm automatic photo red light citation recipients who have delinquent civil penalties citations related thereto; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets by providing the services pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definitions. In this Agreement, the words and phrases below shall have the follow meanings as follows: 1.1. "CLEAR files" means the computer files that are contained in the Batch File submitted to the Customer and/or Texas Department of Motor Vehicles once per month each month, or at other intervals as mutual agreed to by both Parties in writing, and that contain the list of citation recipients identified in FLAG files who have paid in full the delinquent civil penalty related to and/or associated with an automatic photo red light violation. 1.2. "Collections File" means the computer data that contains information regarding payments made or not made by photo enforcement citation recipients submitted once per month 1 each month to the Customer that have been confirmed and verified by Redflex using the Verification System and the Verification Criteria. 1.3. "Confidential or Private Information" means, with respect to Redflex, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Redflex's business or methods of operation or concerning any of such Redflex's suppliers, licensors, licensees, customers or others with whom Redflex has .a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to Reflex, including but not limited to: Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices Redflex obtains or has obtained from its clients or customers, or at which Redflex sells or has sold its services; and ii. Matters of a technical nature, including but not limited to product information, trade secrets, know -how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. iii. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.4. "Escrow Account" means the escrow account into which Redflex deposits monetary amounts payable to the Texas Department of Motor Vehicles. The monetary amounts payable to the Texas Department of Motor Vehicles by Redflex are as follows: 1) Twelve Cents ($00.12) per individual computer file submitted by Redflex to the Texas Department of Motor- Vehicles; and 2) Twenty Three Dollars and Six Cents ($23.06) per each batch file submitted by Redflex to the Texas Department of Motor Vehicles. 1.5. "FLAG file" and/or "FLAG files" means computer file or files that are contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or to the Texas Department of Motor Vehicles that complies with the Verification Criteria and indicates that a driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation does match the current owner of record of the automotive vehicle captured by the red light camera. Each FLAG file contains the vehicle identification information of one (1) registered owner and one (1) 2 —152— automotive vehicle identified in one (1) delinquent civil penalty related to and/or associated with one (1) automatic photo red light violation that matches the current owner of record of the automotive vehicle captured by the red light camera. 1.6. "Intellectual Property" means, with respect to Redflex, any and all now known or hereafter known tangible and intangible (a) rights associated . with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask - works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of Redflex. 1.7. "Monthly Submitted File" or "Batch File" are interchangeable and synonymous and mean the computer batch file submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or the Texas Department of Motor Vehicles during the Term of this Agreement consisting of any and all combinations of 1) "PROBE files "; and/or 2) "FLAG files "; and/or 3) "NON- MATCHING Files"; and/or 4) "CLEAR files ". 1.8. "NON- MATCHING Files" means the computer files contained in the Collections File submitted once per month each month to the Customer that have been confirmed and verified by Redflex using the Verification System and the Verification Criteria and indicate that the driver named in the delinquent civil penalty related to and/or associated with an automatic photo red light violation does not match the current owner of record of the automotive vehicle captured by the red light camera. 1.9. "PROBE files" means the computer files contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Texas Department of Motor Vehicles in a format that is fully compliant with the "TxDMV file format" specifications of the Texas Department of Motor Vehicles. 1.10. "Proprietary Property" means, with respect to Redflex, any written or tangible property owned or used by Redflex in connection with Redflex's business, whether or not such property is copyrightable and includes, but is not limited, to any and all Confidential Information, the Verification System, the Program and additionally includes without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of Redflex, financial statements, budgets, projections and invoices and includes, but is not limited to, as aspects, parts, portions and components of the Verification System and the Violation Verification Program. 3 —1 5 3— 1.11. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Verification System and/or the Violation Verification Program at any time during the Tenn this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.12. "Registration Data" means the automotive vehicle registration data received from the Texas Department of Motor Vehicles relevant to the automotive drivers identified in a PROBE file or PROBE files that Redflex utilizes in connection with the second level check(s) in order to confirm if the driver named in an delinquent civil penalty related to and/or associated an automatic photo red light violation matches the current owner of record of the automotive vehicle captured by the red light camera. 1.13. "Registration Hold ", "Flag" and/or "REGISTRATION DECISION" are interchangeable and synonymous and mean the determination and/or decision made solely and only by the Texas Department of Motor Vehicles to refuse to register a motor vehicle in connection with one or more delinquent civil penalty, or penalties, related to and/or associated with one or more automatic photo red light violation. 1.14. "Verification Criteria" means the standards and criteria determined solely by the Customer that are utilized and applied by Redflex and used to determine which file or files may or may not qualify for submission to the Texas Department of Motor Vehicles in connection with the Verification System and consist of the following four (4) conditions: a) whether or not the unpaid civil penalty related to and/or associated an automatic photo red light violation is for a monetary amount of $75.00 or more; and b) whether or not the unpaid civil penalty related to and/or associated an automatic photo red light violation is delinquent for a period of time of 91 days or more; and c) whether or not the driver named in a delinquent civil penalty related to and/or associated with automatic photo red light violation is currently domiciled in the County of Nueces, Texas, or such other counties as may be identified by the City Director of Financial Services; and d) whether or not the driver named in an outstanding and/or unpaid civil penalty related to and/or associated an automatic photo red light violation matches the current owner of record of the automotive vehicle captured by the red light camera. The criteria listed in 1.14. a) through 1.14 c) are sometimes referred to hereinafter as "first Ievel check(s)" and the criteria listed in 1.14 d) is sometimes referred to hereinafter as "second level check(s)". Customer agrees and acknowledges that Customer is solely and exclusively responsible for determining the Violation Criteria. 1.15 "Verification System" AND /OR "Redflex System" are interchangeable and synonymous and mean the Redflex proprietary methods, operations, applications, technologies, systems, programs, equipment, machinery, computers, computer programming, codes, source 4 codes, and processes employed by Redflex in connection with the Violation Verification Program that 1) at the first level, checks compliance with the Verification Criteria 1.14. a) through 1.14 c); and 2) at the second level, checks whether the driver named in a delinquent civil penalty related to and/or associated with automatic photo red light violation is or is not the current owner of record of the automotive vehicle captured by the red light camera in accordance with Verification Criteria 1.14. d). 1.16. "Violation Verification Program" and/or the "Program" interchangeable and synonymous and mean any and all systems, operations, methods, processes equipment, applications and back office processes of Redflex related to and/or associated the services expressly stated in this Agreement including conducting first level check(s), second level check(s), the Verification System, the Verification Criteria, the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, containing: a) the PROBE files, b) the NON - MATCHING files, c) FLAG files; and/or d) the CLEAR files. 2. TERM. The term of this Agreement shall commence as of June 30, 2011 and shall continue until April 26, 2017 ( "Term" and/or "Initial Term "). Thereafter, this Agreement shall automatically renew for up to two (2) additional five (5) year terms unless the Customer provides Redflex written notice of non - renewal at least thirty (30) days prior to expiration of the then current term. 3. SERVICES. Customer and Redflex acknowledge the January 30, 2007 Agreement Between the City of Corpus Christi and Redflex Traffic Systems, Inc. for a Photo Red Light Enforcement Program (the "Photo Red Light Enforcement Agreement ") between the Parties and agree that the services and terms and conditions of this Agreement are separate and apart from the Photo Red Light Enforcement Agreement. In consideration for the compensation set forth herein, Redflex shall conduct first level check(s) and second level check(s) and generate certain computer and/or electronic files related thereto and provide other such services as expressly stated herein. 3.1. Using the Batch file and information available regarding delinquent civil penalties related to and/or associated with automatic red light violations within Customer's jurisdiction, Redflex shall conduct first level check(s) and/or second level check(s) so as to generate a Batch File submitted once per month each month or at other intervals as mutual agreed to by both Parties in writing to the Customer and/or Texas Department of Motor Vehicles containing PROBE files, NON- MATCTH NG Files, FLAG files and/or CLEAR files as set forth below. 3.2. PROBE files shall be generated by Redflex and shall be contained in the Batch File submitted to the Customer and/or Texas Department of Motor Vehicles once per month each month or at other intervals as mutual agreed to by both Parties in writing, in electronic and computerized form after conducting first level check(s) by applying and adhering to Verification Criteria 1.14. a), 1.14 b) and 1.14 c). Thereafter, Redflex shall submit a Batch File once per month each month, or at other intervals as mutual agreed to by both Parties in writing to the Texas Department of Motor Vehicles containing one or more electronic requests for certain Registration Data relevant thereto from the Texas Department of Motor Vehicles such that Redflex may conduct second level check(s) to confirm whether a driver named in a delinquent 5 --155— civil penalty related to and/or associated with an automatic photo red light violation does or does not match the current owner of record of the automotive vehicle captured by the red light camera in accordance with Verification Criteria 1.14. d). Customer agrees and , acknowledges that Redflex shall be unable to conduct such second level check(s) unless and until certain Registration Data is received in full from the Texas Department of Motor Vehicles. 3.3. After Redflex receives relevant Registration Data from the Texas Department of Motor Vehicles, Redflex shall generate, as set forth herein, NON- MATCTHING Files and/or FLAG files that shall be contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or Texas Department of Motor Vehicles. 3.4 NON- MATCTHING files shall be generated by Redflex and shall be contained in the Collections File submitted once per month each month to the Customer to the extent and degree that, after Redflex conducts second level check(s), a driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation does not match the current owner of record of the automotive vehicle captured by the red light camera. 3.5. FLAG files shall be generated by Redflex and shall be contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or Texas Department of Motor Vehicles to the extent and degree that, after Redflex conducts second level check(s), a driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation does match the current owner of record of the automotive vehicle captured by the red light camera. 3.6. Redflex shall be permitted between 48 to 72 hours per each file to conduct second level check(s) in order to produce a FLAG file and/or NON - MATCHING file as set forth herein after having received certain Registration Data from the Texas Department of Motor Vehicles with respect to a PROBE file. 3.7. CLEAR files shall be generated by Redflex and shall be contained in the Batch File submitted once per month each month, or at other intervals as mutual agreed to by both Parties in writing, to the Customer and/or the Texas Department of Motor Vehicles in an electronic and computerized format to the extent and degree that driver named in a delinquent civil penalty related to and/or associated with an automatic photo red light violation pays the civil delinquent penalty in full. 3.8. Compensation. In consideration of the services provided by Redflex as stated herein, Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on EXHIBIT "B" attached hereto and incorporated herewith by reference. 3.9. Customer and Redflex acknowledge, understand and agree that the refusal to register a motor vehicle is a decision and determination made in the sole, absolute and unilateral discretion of the Texas Department of Motor Vehicles and CUSTOMER AND REDFLEX HEREBY ACKNOWLEDGE AND AGREE THAT THE DECISION TO REFUSE TO REGISTER A MOTOR VEHICLE SHALL BE THE SOLE, UNILATERAL AND 6 —156— EXCLUSIVE DECISION OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES AND SHALL BE MADE TEXAS DEPARTMENT OF MOTOR VEHICLE'S SOLE DISCRETION (A "REGISTRATION DECISION"), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE, DETERMINE AND /OR ENFORCE A REGISTRATION DECISION. 3.10. Redflex shall deposit into the Escrow Account monetary amounts not to exceed the following: 1) Twelve Cents ($00.12) per individual computer file submitted by Redflex to the Texas Department of Motor Vehicles; and 2) Twenty Three Dollars and Six Cents ($23.06) per each Batch File submitted by Redflex to the Texas Department of Motor Vehicles. The monetary amounts deposited into the Escrow Account by Redflex are payable to the Texas Department of Motor Vehicle and the Texas Department of Motor Vehicles shall have complete access thereto and the authority to withdraw such monetary amounts therefrom. 3.11. To the maximum extent possible under the circumstances, Customer shall notify Redflex in writing of any and all determinations and/or decisions of the Texas Department of Motor Vehicles to refuse to register a motor vehicle in connection with one or more delinquent civil penalty, or penalties, related to and/or associated with an automatic photo red light violation(s) within 48 hours of such determination and/or decision made by the Texas Department of Motor Vehicles. 4. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a "Change Order Notice "). Upon Redflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any (the "Change Order Proposal"). The Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes. 5. LICENSE; RESERVATION OF RIGHTS. 5.1. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein. 7 5.2. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de- compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 5.3. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 5.4. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any person, party, entity, company, business, corporation, partnership, association and the like of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto, In the event that Redflex commences any enforcement action under this Section, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 5.5. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to 8 —158— keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non - infringing items. 5.6. UNAUTHORIZED REFERENCES TO REDFLEX. Customer shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to, the Program, the Verification System, the Redflex System, the Verification Criteria, "SMARTcamTM System ", "SalusTM System ", "REDFLEXredTM System ", "REDFLEXspeedTM System ", "REDFLEXrai1TM System ", "REDFLEXstopTM System ", "REDFLEXslimlineTM System ", "SMARTopsTM System ", "SMARTsceneTM System "; "PLATESCANTM System" and/or and any and all combinations, variants and derivatives thereof, in, on or about, Customer marketing, publicity, media, public relations, advertising, education or training materials, information, data, papers and/or documents, for any reason or purpose, whatsoever, without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole, absolute and unilateral discretion. Use of such references in public media campaigns and news releases requires prior written approval by Redflex. 6. REPRESENTATIONS AND WARRANTIES. 6.1. Redflex Representations and Warranties. a. Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. b. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redf lex System, subject to applicable law, in with all specifications provided to Redflex by the Customer. 6.2. Customer Representations and Warranties. a. Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. b. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 7. LINIITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT 9 —159— TO THE VERIFICATION SYSTEM, THE VIOLATION VERIFICATION PROGRAM, AND /OR PROCESSES OR OPERATIONS RELATED THERETO AND /OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING. REDFLEX ALSO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE ACCURACY AND /OR INACCURACY OF ANY INFORMATION PROVIDED BY CUSTOMER, THE TEXAS DEPARTMENT OF MOTOR VEHICLES, OR ANY THIRD PARTY THAT IS USED OR RELIED UPON BY REDFLEX IN THE PERFORMANCE OF REDFLEX'S OBLIGATIONS UNDER THIS AGREEMENT OR THE FAILURE OF CUSTOMER, THE TEXAS DEPARTMENT OF MOTOR VEHICLES, OR ANY THIRD PARTY TO PROVIDE INFORMATION THAT WOULD BE RELEVANT TO REDFLEX' S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT THE REDFLEX SYSTEM AND /OR THE VIOLATION VERIFICATION PROGRAM SHALL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 8. TERMINATION. 8.1. TERMINATION FOR CAUSE. Either Party shall have the right to terminate this Agreement by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of the Program; (ii) the Supreme Court for the State of Texas rules that the Citations from the Program are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement. Either party shall have the right to remedy or cure the cause for termination or breach within forty -five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the appropriate party setting forth in reasonable detail the events of the cause for termination or breach. Termination of this Agreement shall not be enforceable or effective unless the terminating party mails written notice of termination to the non - terminating party not less than forty -five (45) calendar days prior to the Agreement termination date and provides to the non - terminating party the opportunity to remedy or cure the cause of the termination or breach within the forty -five (45) calendar day time period provided herein. 9. RIGHTS AND REMEDIES. In connection with any breach and/or termination of this Agreement, Redflex shall have and hereby reserves, in full, all rights and remedies available in law and/or in equity. The rights to terminate this Agreement given in this Section shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 10 10. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Upon Termination of this Agreement, the following provisions shall apply: Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Violation Verification Program, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redf lex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed under this Agreement and Citations issued by Redflex prior to the termination, and (v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. Immediately upon termination Redflex is no longer bound to the Data Retention Requirements for any data and if the customer wishes to obtain the data it must be conveyed at the time of termination; however Redflex will transfer the data and relevant information to the Customer by a mutually agreed upon method. The Customer will assume the burden for all costs associated with this task including but not limited to arin,inistrative, storage media, storage media authoring devices, and internet bandwidth used for transferring data. Redflex will provide no tools for accessing this data or other guarantees. However, termination of this Agreement however shall not impact the services provided by Redflex under the agreement between the parties regarding the red light photo system. ii. The Customer shR11(i) immediately, cease using the Violation Verification Program, accessing the Redflex System and using any other Intellectual Property' of Redflex provided pursuant to this Agreement, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed pursuant to this Agreement prior to the termination. iii. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement. 11. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: Reservation of Rights, Redflex Representations and Warranties, Customer Representations and Warranties, Limited Warranty, Confidentiality, Indemnification and Liability, Notices, Dispute Resolution, Assignment, Injunctive Relief, Specific Performance, Applicable Law, and Jurisdiction and Venue, and (ii) those provisions, 11 and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement: 12. CONFIDENTIALITY. During the Term and Extended Term(s) of this Agreement and for a period of three (3) years thereafter, neither Party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information and/or. Proprietary Property and/or Intellectual Property learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 13. Indemnification by Redflex. Subject to Section entitled "Indemnification Procedures ", Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a "Customer Party" and collectively, the "Customer Parties ") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses "), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any Redflex's material misrepresentation, inaccuracy or breach of any covenant,' warranty, representation or provision contained in this Agreement, or (b) the negligence of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct and/or negligence of any Customer Party. 14. Indemnification Procedures. In the event any claim, action or demand (a "Claim ") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "Indemnified Party ") shall give the party from whom indemnification is sought (the "Indemnifying Party ") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified 12 —162— Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party's material rights or material interests without such party's prior written consent, which consent will not be unreasonably withheld or delayed. 15. LIMITED LIABILITY. NEITHER PARTY'S LIABILTIY, IN CONTRACT, TORT (INCLIDNG NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SHALL (a) EXCEED THE FEES PAID BY THE CUSTOMER TO REDFLEX, EXCEPT THAT REDFLEX SHALL BE ABLE TO CLAIM THE AMOUNT OF UNPAID FEES IN THE EVENT OF BREACH BY NON - PAYMENT, OR (b) INCLUDE ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS AND LOSS OF SAVINGS OR REVENUE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. 16. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: i. Notices to Redflex: Redflex Traffic Systems, Inc. 23751 North 23rd Avenue Phoenix, AZ 85027 Attention: PROGRAM MANAGEMENT Facsimile: (623) 207-2050 ii. Notices to the Customer: City of Corpus Christi 1201 Leopard Street, Corpus Christi, Texas 78401 Attention: Director of Financial Services 17. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement; the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute "), the parties 13 shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section , and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 18. MISCELLANEOUS. 18.1 Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 18.2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 18.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit to audit the books and records of the other party hereto (the "Audited Party ") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty -eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non- Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non - Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25 %) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non - Audited Party shall promptly refund to the Audited Party the amount of the excess. 18.4. FORCE MAJEURE. Neither Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and 14 —1 6 4-- unusually severe weather. The Party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 18.5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both Parties. 18.6. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 18.7. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 18.8. CONSTRUCTION. Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 18.9. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 18.10. EXECUTION AND COUNTERPARTS. This Agreement maybe executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterpart in making such proof. 18.11.' COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 18.12. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 15 —165= 18.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 18.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or fixture statute, law, ordinance or regulation enacted by a governmental authority other than Customer, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 18.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a parry to this Agreement. 18.16. INJUNCTIVE RELIEF: SPECIFIC PERFORMANCE. The Parties hereby agree and acknowledge that a breach of Sections regarding License, Restricted Use or .Confidentiality of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 18.17. APPLICABLE LAW. This Agreement shall be governed only by and construed, in all respects, solely in accordance with the laws of the State of Texas. 18.18. JURISDICATION AND VENUE. Any conflict, claim or dispute betweeen_Redflex and the Customer affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and litigated solely in the United States District Court for the District of Texas and both parties specifically agree to be bound by the exclusive jurisdiction and venue thereof. 18.190. INSURANCE. Redflex shall at all limes during the term of this Agreement maintain such insurance policies, and in such amounts, as are commercially reasonable for any and all insurable risks arising from or in connection with Redflex's performance of the services set forth in "Exhibit A" attached hereto and incorporated herewith by reference. (The remainder of this page is left intentionally blank) 16 —166— IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" "Redflex" CITY OF CORPUS CHRISTI, TEXAS REDFLEX TRAFFIC SYSTEMS, INC., By: By: Name: Title: Date: Approved es to iorm:, ao{.. Lisa Aguil Assistant City Attorney For City Attorney Name: icarl X 44A Title: 3' r—'0 Date: 2.2z Z 17 EXHIBIT "A" Insurance 1. During the Term, Redflex shall procure and maintain at Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex's subcontractors, agents, representatives and employees: - Commercial General Liability Insurance. Commercial General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000) Products - Completed Operations Aggregate and Two Million Dollars ($2,000,000) General Aggregate; - Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non -owned and hired by Redflex; - Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($2,000,000) each and every claim and in the Aggregate; and - Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than that required by the Labor Code of the State of (insert name), and Employer's Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence. 2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: - The Customer Parties shall be named as additional insureds with respect to the Commercial General Liability insurance; and - The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self - insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance; and - Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 3. With respect to the insurance described in the foregoing Section of this Exhibit E, if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide 30 days written notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage 18 —168— limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. 19 —1 6 9 — EXHIBIT `B" Compensation Payable to Redflex by Customer I. Compensation. A. Customer shall pay to Redflex $10.00 per each and every FLAG file submitted to the Texas Department of Motor Vehicles and/or agent and/or authorized representative thereof. Customer shall pay Redflex pursuant to and in accordance with the invoice(s) submitted to Customer by Redflex and within 10 days after receipt of the invoice(s) submitted to Customer by Redflex. B. During the Term and Extended Term(s) of this Agreement, Redflex shall promptly create the NON- MATCHING files pursuant to Section 1.8. for no additional cost other than as expressly stated in I.A. above. C. During the Term and Extended Term(s) of this Agreement, Redflex shall promptly create and transfer to Texas Department of Motor Vehicles CLEAR files pursuant to Section 1.1. for no additional cost other than as expressly stated in I.A. above. D. During the Term and Extended Term(s) of this Agreement, Redflex shall promptly create and transfer to Department of Motor Vehicles the PROBE files pursuant to Section 1.9. for no additional cost other than as expressly stated in LA. above. 20 13 DATE: 3/8/2012 TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 Ronald L. Olson, City Manager Jay Reining, Interim Director, Municipal Court 2540 jayr @cctexas.com Appropriations related to Municipal Court special revenue fees, with related ordinance and budget amendments CAPTION: A. Ordinance amending Sections 29 -48 and 29 -52, Code of Ordinances, City of Corpus Christi, to authorize additional authorized expenses from the Municipal Court Building Security Fund and the Juvenile Case Manager Fund consistent with current state law; and providing for severance. B. Ordinance appropriating $170,702 from Municipal Court's Building Security Fees in the No. 1035 Municipal Court -- Building Security Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $91,097.15 from the General Fund to the No. 1037 Municipal Court -- Building Security Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures/revenues by $170,702; and providing for severance. C. Ordinance appropriating $255,720 from Municipal Court's Technology Fees in the No. 1036 Municipal Court -- Technology Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $150,618 from the General Fund to the No. 1037 Municipal Court -- Technology Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures/revenues by $255,720; and providing for severance. D. Ordinance appropriating $357,206 from Municipal Court's Juvenile Case Manager Fees in the No. 1037 Municipal Court -- Juvenile Case Manager Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $247,464 from the General Fund to the No. 1037 Municipal Court -- Juvenile Case Manager Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures/revenues by $357,206; and providing for severance. BACKGROUND AND FINDINGS: Municipal Court collects three special revenue fees — building security fee, technology fee, and juvenile case manager fee. The monies from these special fees may only be spent on items specifically authorized by state law, as implemented by city ordinances. The last legislature amended the list of expenditures that could be funded by the building security and juvenile case manager fees. Item A makes conforming changes to the —173— City's code of ordinances. Items B, C, and D appropriate available special revenue fees and authorizes expenditures for items authorized by state law and amended city ordinances, and listed in exhibit A of the three appropriation ordinances. The fees are being appropriated to new special revenue funds instead of the general fund to comply with the state laws, and the remaining balances in the general fund are being transferred to the new special revenue funds. No revenues for these fees were appropriated in the adopted FY 2011 -2012 budget. ALTERNATIVES: None considered. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms with city ordinances, as amended by item a. EMERGENCY / NON- EMERGENCY: Non - emergency two reading ordinances. DEPARTMENTAL CLEARANCES: item reviewed-and approved by City Attorney, Management & Budget, and Financial Services. FINANCIAL IMPACT: Operating Expense / Revenue , Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 Encumbered / Expended Amount 0 0 0 This item • 783,628 0 783,628 BALANCE 783,628 0 783,628 Fund(s): No. 1035 Municipal Court -- Building Security Fund, No. 1036 Municipal Court -- Technology Fund, No. 1037 Municipal Court -- Juvenile Case Manager Fund Comments: None. RECOMMENDATION: City Council should adopt the four ordinances as drafted. LIST OF SUPPORTING DOCUMENTS: None Approvals: Yvette Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —174— Page 1 of 3 Ordinance amending Sections 29-48 and 29 -52, Code of Ordinances, City of Corpus Christi, to authorize additional authorized expenses from the Municipal Court Building Security Fund and the Juvenile Case Manager Fund consistent with current state law; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1.. Section 29 -48(d) is revised to read as follows: "Sec. 29 -48. - Municipal court building security fund and security fee as cost of court. * "(d) The municipal court of record building security fund may be used only to finance items when used for the purpose of providing security services for buildings housing a municipal court of record, including: "(1) The purchase or repair of X -ray machines and conveying systems; "(2) Hand held metal detectors; "(3) Walk- through metal detectors; "(4) Identification cards and systems; "(5) Electronic locking and surveillance equipment; "(6) Video teleconferencing systems; "La Bailiffs or contract security personnel during times when they are providing appropriate security services; "O-(8) Signage; "(g)-(9) Confiscated weapon inventory and tracking systems; "{9)-(10) Locks, chains, or other security devices; "(10) (11) The purchase or repair of bullet -proof glass; and "(11) (12) Continuing education on security issues for court personnel and security personnel." "(13) Warrant officers and related equipment. M C SPECIAL REVENUE FUND ORD AMEND 02292012 —175— Section 2. Section 29 -52(d) is revised to read as follows: Sec. 29 -52. - Juvenile case manager fee. * * * * Page2of3 (f) The juvenile case manager fund may be used only to finance the salary and benefits of a juvenile case manager and the costs of training, travel, office supplies, and other necessary expenses relating to the position of a juvenile case manager employed by the municipal court of record under Article 45.056 of the Texas Code of Criminal Procedure. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. M C SPECIAL REVENUE FUND ORD AMEND 02292012 —176— 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 , 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal Passed and Approved, this the day of , 2012. Attest: Armando Chapa City Secretary Joe Adame Mayor Approved: day of , 2012: r l Y e Agt, iar • As stant City Attorney For City Attorney M C SPECIAL REVENUE FUND ORD AMEND 02292012 -1 7 7- Page 1 of 2 Ordinance appropriating $170,702 from Municipal Court's Building Security Fees in the No 1035 Municipal Court -- Building Security Fund for expenses specifically authorized by state Iaw and city ordinance; appropriating in and transferring $91,097.15 from the General Fund to the No. 1037 Municipal Court — Building Security Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures/revenues by $170,702; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $170,702 from Municipal Court's Building Security Fees in the No. 1035 Municipal Court -- Building Security Fund is appropriated for expenses specifically authorized by state law and city ordinance. Section 2. That $91,097.15 in FY 2010 -2011 building security fees is appropriated in and then is transferred from the General Fund to the No. 1035 Municipal Court -- Building Security Fund. Section 3. That Ordinance No. 029155, which adopted the FY 2011 -2012 Adopted Annual Operating Budget, is changed to increase proposed expenditures/revenues in the Fund 1035 Municipal Court -- Building Security Fund by $170,702 for expenses specifically authorized by state Iaw and city ordinance. The changes to the adopted annual operating budget are attached to and incorporated into this ordinance as Exhibit A. Section 4. 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. Building Security Fund Approp Ord 030820€2 —178— Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N, Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Alien John, E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal Passed and Approved, this the day of , 2012. Attest: Armando Chapa City Secretary Joe Adame Mayor Approved: day of , 2012: Building Security Fund Approp Ord 03082012 —179— MUNICIPAL COURT -- BUILDING SECURITY FUND (1035) REVENUE DETAIL ACCOUNT ACCOUNT ACTUALS BUDGET ESTIMATED ADOPTED NUMBER DESCRIPTION _ 2009 -2010 2010 -2011 2010 -2011 2011 -2012 Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE Building security fees Total Fees TOTAL OPERATING REVENUE NON - OPERATING REVENUE Interest Income Interest on investments Total Interest Income TOTAL NON - OPERATING REVENUE INTERFUND CONTRIBUTIONS Transfer from unappropriated FY 2010 -2011 building security fees TOTAL INTERFUND CONTRIBUTIONS 0 0 0 79,385 79,385 79,385 0 0 0 91,097 91,097 TOTAL REVENUE & INTERFUND CONTRIB 170,482 TOTAL FUNDS AVAILABLE 170,482 Note: Revenues in prior fiscal years from building security fees were placed in an account in the General Fund. EXHIBIT A —180— MUNICIPAL COURT— BUILDING SECURITY FUND (1035) EXPENDITURE DETAIL BY ORGANIZATION ORG NUMBER ORGANIZATION NAME ACTUALS 2009 -2010 BUDGET 2010 -2011 ESTIMATED 2010 -2011 ADOPTED 2011 -2012 Departmental Expenditures Contract Bailiffs Contract Security Total Departmental Expenditures TOTAL TECHNOLOGY EXPENDITURES RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 64,950 64,000 128,950 128,950 41,532 41,532 Note: Expenditures in prior fiscal years for building security, while financed by building security fees, were made out of the General Fund. EXHIBIT A —181— Page 1 of 2 Ordinance appropriating $255,720 from Municipal Court's Technology Fees in the No 1036 Municipal Court -- Technology Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $150,618 from the General Fund to the No. 1037 Municipal Court -- Technology Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditureslrevenues by $255,720; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $255,720 from Municipal Court's Technology Fees in the No. 1036 Municipal Court -- Technology Fund is appropriated for expenses specifically authorized by state law and city ordinance. Section 2. That $150,618 in FY 2010 -2011 technology fees is appropriated in and then transferred from the General Fund to the No. 1036 Municipal Court - Technology Fund, Section 3. That Ordinance No. 029155, which adopted the FY 2011 -2012 Adopted Annual Operating Budget, is changed to increase proposed expenditures/revenues in the Fund 1036 Municipal Court -- Technology Fund by $255,720 for expenses specifically authorized by state law and city ordinance. The changes to the adopted annual operating budget are attached to and incorporated into this ordinance as Exhibit A. Section 4. 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. Technology Fund Approp Ord 03082012 -182- Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal Passed and Approved, this the day of , 2012. Attest: Armando Chapa Joe Adame City Secretary Mayor Approved: day of , 2012: Technology Fund Approp Ord 03082012 -183 - MUNICIPAL COURT - TECHNOLOGY FUND (1036) REVENUE DETAIL ACCOUNT NUMBER ACCOUNT DESCRIPTION ACTUALS 2409 -2010 BUDGET 2010 -2011 ESTIMATED 2010 -2011 ADOPTED 2011 -2012 Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE Technology fee Total Fees TOTAL OPERATING REVENUE NON - OPERATING REVENUE Interest Income Interest on investments Total Interest Income TOTAL NON - OPERATING REVENUE INTERFUND CONTRIBUTIONS Transfer from unappropriated FY 2010 -2011 technology fees TOTAL INTERFUND CONTRIBUTIONS 0 0 a 0 105,102 105,102 105,102 0 0 0 150,618 150,618 TOTAL REVENUE & INTERFUND CONTRIB 255,720 TOTAL FUNDS AVAILABLE 255,720 Note: Revenues in prior fiscal years from technology fees were placed in an account in the General Fund. EXHIBIT A —184— MUNICIPAL COURT — TECHNOLOGY FUND (1036) EXPENDITURE DETAIL BY ORGANIZATION ORG NUMBER ORGANIZATION NAME ACTUALS 2009 -2010 BUDGET 2010 -2011 ESTIMATED 2010 -2011 ADOPTED 2011 -2012 Departmental Expenditures Leased Workstations Leased Laptops Leased Printers Leased Scanner Leased Copiers insol DBA Services Total Departmental Expenditures TOTAL TECHNOLOGY EXPENDITURES RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 26,550 2,885 9,135 13,365 16,810 46,200 114,745 114,745 140,975 140,975 Note: Expenditures in prior fiscal years for Municipal Court technology expenses, while financed by technology fees, were made out of the General Fund. EXHIBIT A 185— Page 1 of 2 Ordinance appropriating $357,206 from Municipal Court's Juvenile Case Manager Fees in the No. 1037 Municipal Court -- Juvenile Case Manager Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $247,464 from the General Fund to the No. 1037 Municipal Court -- Juvenile Case Manager Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures/revenues by $357,206; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $357,206 from Municipal Court's Juvenile Case Manager Fees in the No. 1037 Municipal Court -- Juvenile Case Manager Fund is appropriated for expenses specifically authorized by state Iaw and city ordinance. Section 2. That $247,464 in FY 2010 -2011 juvenile case manager fees is appropriated in and then transferred from the General Fund to the No. 1035 Municipal Court — Juvenile Case Manager Fund. - Section 3. That Ordinance No. 029155, which adopted the FY 2011 -2012 Adopted Annual Operating Budget, is changed to increase proposed expenditures/revenues in the Fund 1037 Municipal Court -- Juvenile Case Manager Fund by $357,206 for expenses specifically authorized by state Iaw and city ordinance. The changes to the adopted annual operating budget are attached to and incorporated into this ordinance as Exhibit A. Section 4. 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. Juv Case Manager Fund Approp Ord 03082012 —186— Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal Passed and Approved, this the day of , 2012. Attest: Armando Chapa City Secretary Approved: Y L•tte Ag ilar A• - istant CI y Attorney For City Attorney Joe Adame Mayor day of , 2012: Juv Case Manager Fund Approp Ord 03082012 -187- MUNICIPAL COURT - JUVENILE CASE MANAGER FUND (1037) REVENUE DETAIL ACCOUNT ACCOUNT ACTUALS BUDGET ESTIMATED ADOPTED NUMBER DESCRIPTION 2009 -2010 2010-2011 2010 -2011 2011 -2012 Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE Juvenile case manager fees Total Fees TOTAL OPERATING REVENUE NON - OPERATING REVENUE Interest Income Interest on investments Total Interest Income TOTAL NON - OPERATING REVENUE INTERFUND CONTRIBUTIONS Transfer from unappropriated FY 2010 -2011 Juvenile case manager fees TOTAL INTERFUND CONTRIBUTIONS 0 0 0 0 118,742 11 8,742 118,742 0 0 247,464 247,464 TOTAL REVENUE & INTERFUND CONTRIB 357,208 TOTAL FUNDS AVAILABLE 357,206 Note: Revenues in prior fiscal years from juvenile case fees were placed in an account in the General Fund. EXHIBIT A -188- MUNICIPAL COURT - JUVENILE CASE MANAGER (1037) EXPENDITURE DETAIL BY ORGANIZATION ORG NUMBER ORGANIZATION NAME ACTUALS 2009 -2010 BUDGET 2010 -2011 ESTIMATED 2010 -2011 ADOPTED 2011 -2012 Departmental Expenditures Case Managers -- Salary (3 FTE) Case Managers -- Retirement (3 FTE) Case Managers -- Insurance (3 FTE) Case Managers -- Training Case Managers -- Travel Total Departmental Expenditures TOTAL TECHNOLOGY EXPENDFTURES RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 91,840 21,960 21,640 600 1,630 140,440 140,440 218,766 216,766 Note: Expenditures in prior fiscal years for juvenile case managers, while financed by juvenile case manager fees, were made out of the General Fund. EXHIBIT A —189— 14 AQENDA MEMORANDUNI for the Oily Council Meeting of March 20, 2012 DATE: 3/7/2012 TO: Ronald L. Olson, City Manager FROM: J. V. Garcia, Assistant Police Ch' jvgaoctexes.corn 886-2606 Appropriating $70,000 to.fund the Shoot Crossing Guard Program CAPTION: Ordinance appropriating $70,000 from. the Unreserved fund: Balance in the No, 1020 General Fund to fund the. School Crossing Guard Program for the remainder of FY 2012. BACKGROUND AND FINDINGS: As part of budget reductions, the School Crossing Guard Program was to completely eliminated on February 1, 2012. Through numerous meetings With area school superintendents, an agreement was reached to continue the program through FY2012 with the program being scaled back in FY2013. The School Crossing Guard program will continue through the end of FY2012 and the necessary funds must be identified. The cost to continue the program .with full .staff for the remainder of FY2012 is $240,730 The recommendation for funding is AS follows: 1. Red Light Camera funds set aside for use by Traffic Engineering :# $50,000 2. Red. Light Camera operational fundarernaining due tO Using only 13.CarrieraS and budgeted for 15 # $50,000 3. Police Department operational budget = $70,730 4. Reserve Fund balance = 7 0 , 0 0 For FY2013, the School Crossing Guard Program will be reduced to only 25 crossings agreed upon by the school districts and the Police Department. Funding for the program Will be included in the Proposed FY2013 Budget. ALTERNATIVES: Not fund the Stool Grossing Guard Program for the remainder of the fiscal year OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council action is required when appropriating funds. EMERGENCY / NON-EMERGENCY: This is not an emergency, DEPARTMENTAL CLEARANCES: Finance, Management & Budget FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (C1P only) Current Year - Future Years TOTALS Line item Budget $170,730 $170,730 Encumbered / Expended Amount This item $70,000 $70,000 BALANCE $240,730 $240,730 Fund(s): General Fund . Comments: The School Crossing Guard Program was only funded for 6 months in the FY2012 budget. After discussions with area School Districts it was agreed the program would remain intact for the full fiscal year, RECOMMENDATION: Staff recommends approval of ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Ordinance appropriating $70,000 from the Unreserved Fund Balance into the No. 1020 General Fund to fund the School Crossing Guard Program for the remainder of FY 2012. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $70,000 is appropriated from the Unreserved Fund Balance into the No. 1020 General Fund to fund the School Crossing Guard Program for the remainder ofFY2012. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Alien Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: M LW" Q, zo «- By: Joe Adame Mayor T. T sha Dang Assistant City Attorney for the City Attorney 15 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director "AM MichaelMo @cctexas.com 361- 826 -3464 Name Southside Sports Complex ballfleld for Raymond R. Dulak, J CAPTION: Ordinance naming ballfield at Southside Sports Complex at 1901 Paul Jones Avenue the Raymond R. Dulak, Jr. Ballfeld. BACKGROUND AND FINDINGS: In 2011 the Southside Sports Complex located at 1901 Paul Jones Avenue opened for play. The complex includes 12 fields for the National Little League, Oso Pony League, Oso Little Miss Kickball League. An additional field is managed by the Parks and Recreation Department. This park/field is located in the Master Plan Park Planning Area 5 and in City Council District 5. On October 21, 2011, the Department received a request from John and Catherine Dulak to name the one field managed by the Department after their brother Raymond R. Dulak, Jr. Mr. Dulak was youth, high school and college baseball standout whose career and life was cut short when he was killed in action on May 12, 1970 while serving as US Army Captain in Vietnam. Along with their application, the Dulaks submitted over 150 signatures of support for the naming from nearby neighbors, league parents, classmates and friends. On November 9, 2011 the Parks and Recreation Advisory Committee (PRAC) received notice of the application and asked staff to conduct the public input process regarding the request. Signs regarding the request were posted on the site on December 8, 2011 and a news release was issued on January 6, 2012. In addition public notices regarding the request were advertised in the Caller Times on January 15 and 29, 2012. A public hearing was held at the February 8, 2012 PRAC meeting. Two people spoke in support of the request. The committee voted unanimously to support the naming request and asked the department to move the request forward to City Council for consideration and approval. ALTERNATIVES: Do not approve the request. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council Policy 6 under Part I I of the Code of Ordinances requires City Council to grant final approval or rejection of any request to name a City park and/or recreational facility. In 2011, City Council updated the policy to stipulate if a request is made to name a park or facility for an individual, consideration may only be given to persons who have been deceased for at least one year. This request conforms to city policy. —199- EMERGENCY 1 NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget Encumbered / Expended Amount This item BALANCE unacs): Comments: The City will not incur the cost of signage at the field. Per the application process established by the department, the Dulaks have committed to pay the cost of the sign to be posted at the park if approved. RECOMMENDATION: The Parks and Recreation Department recommends the City Council approve the request to name the large ballfield at the Southside Sports Complex in honor of Raymond R. Dulak, Jr. LIST OF SUPPORTING DOCUMENTS: Request for Naming of Parks and Facilities Form Map of the Southside Sports Complex Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager REQUEST FOR THE NAMING - OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1, Current name and type of area or facility (park, building, pool, etc_) Large baseball field at Paul Jones Sports Complex currently unnamed. 2. Location Paul Jones Sports Complex 3. Suggested Name (a person for which a park and recreation facility is being named must be deceased) Raymond R.Dulak, Jr. ace ,permitting.) or Ray Dulak 4. Biographical data: Length of time in City 24 years Summary of employment History not employed Military record, if any Captain in army killed in action 1970 (see biography) Criminal background check NIA 5. Please state the reason for the proposed change: Honor a man who played baseball with passion and gave the ultimate sacrifice for his country. 6. Please state the person's involvement in the community or toward the development, maintenance and/or operation of a park and recreation facility. This should include dates and awards received, if any. Played baseball in Corpus Christi from ale of 6 through high school. Please see biography for details. 7. A short essay, by other than a family member as to the reason the facility renaming; 8. Provide documentation of community support for the proposed name change. Please see attached signature sheets. 9. Provide your plan for future maintenance of the park. The family of Raymond R. Dulak, Jr. is willing to pay the regular fees associated with naming of park. 10. Attach the following to this application: • Picture of person for which facilities name change is being suggested. • Release of information and release of photo signed by the immediate family, • Agreement signed by the family for costs pertaining to park renaming if approved by City Council. • Application deposit to be subtracted from total. If application is denied, the deposit will be returned within 10 working days after expenses of process deducted. • Number of signatures required according to Park and Recreation Department Policy /Procedure • Neighborhood and pocket parks require 50 signatures with zip codes within a half (1/2) mile radius of the park;' • Community parks require 250 signatures with zip codes within a one (1) mile radius of the park; • Regional parks of 10-25 acres require 750 signatures with zip codes within the city limits; • Regional parks of 25 -50 acres require 1000 signatures with zip codes within the city limits; • Regional parks of 50 -75 acres require 1500 signatures with zip codes within the city limits; • Regional parks over 75 acres require 2000 signatures with zip codes within the city limits. 11. Name and address of person making request. Name Catherine E. Dulak, M.D. , John Dulak D. C, Address 5833 Aava Dr. Phone 793-5841 405 Poenisch 742 -9992 12. Do you represent an organization with respect to this request? no If 'yes', name of organization 13. Date of this request October 17, 2011 14. By my signature below, I understand that if this request is approved by the Parks and Recreation Advisory Committee, I will be required to pay the park naming fee in accordance with the City of Corpus Christi Fee Schedule (attached) before the matter will be considered by City Council. Signature: �I �1ti f� �.__ Printed Narne: .(1s1\1UI'YIR,� Request: Approved Date of Committee Action Date of Council Action Legal Notice — Newspaper Notice to Appropriate Councilmember Public Notice — Neighborhood FOR OFFICE USE ONLY: Rejected Tabled ; Southside Sports Complex 1, l;,1•11: , flfM11111HiI 1: ,=1.. 'I. r IT. 01. I?:]; A BIM, MA. INO/I W.71jR-1,e1J-1- f "•1 1Jr IIP.3,1 PAIL ONES IN. Proposed Raymond R. Dulak, Jr. Field -204- 1 Ordinance naming ballfield at Southside Sports Complex at 1901 Paul Jones Avenue the Raymond R. Dulak, Jr. Ballfield. Whereas, in 2011 the Southside Sports Complex located at 1901 Paul Jones Avenue opened for play; Whereas, the complex includes 12 fields for the National Little League, Oso Pony League, Oso Little Miss Kickball League, and an additional field is managed by the Parks and Recreation Department; Whereas, on October 21, 2011, the City Parks and Recreation Department received a request from John and Catherine Dulak to name the one field managed by the Department after their brother Raymond R. Dulak, Jr.; Whereas, the following biographical information was provided by Mr. Dulak's family as part of the application process: "Raymond Robert Dulak, Jr. was born Christmas Day 1943 in Louisville, Kentucky. He moved to Corpus Christi with his parents Millie and Raymond Dulak, Sr. in 1945. "Ray began playing little league baseball on the Whataburger Athletics team at the age of 6. Ray was an exceptional player and participated in several little league all -star games. He loved playing baseball and during his PONY league years was chosen for the all stars on two different teams. During his Teenage League years while playing for the Giants, he was chosen for two all star teams, with the 1962 team advancing to regional play. "Ray entered Corpus Christi Academy high school and was part of the Cavalier team winning a state baseball championship in the 1961 Texas Catholic Interscholastic League. Attending the University of Texas at Austin on a baseball scholarship, he was a member of the 1962 and 1966 Southwest Conference Champion Longhorn baseball teams. Playing first base and outfield for the Longhorns, he participated in the NCAA College World Series in Omaha, Nebraska. Ray achieved a batting average of .314 in 1966. "Off the field, while attending Christ the King School from first through eighth grade, Ray was an altar boy. In high school, Ray was elected to class office in his sophomore and junior years. Ray accomplished academic achievement by being elected to National Honor Society as a junior and senior. As a sophomore, he was elected most studious by his classmates. "After attending Officer Candidate School, Ray was awarded the rank of Captain in the US Army, where he was a helicopter pilot. He was killed in action on May 12, 1970, at the age of 26, while serving his country in Viet Nam. Ray was buried with full military honors and is interred at Seaside Cemetery. "In 2011, Ray was recognized as a member of the first Whataburger sponsored little league team during half time at the Hooks game." Whereas, along with their application, the Dulaks submitted over 150 signatures of support for the naming from nearby neighbors, league parents, classmates and friends; Whereas, on November 9, 2011 the Parks and Recreation Advisory Committee (PRAC) received notice of the application and asked staff to conduct the public input process regarding the request Whereas, signs regarding the request were posted on the site on December 8, 2011 and a news release was issued on January 6, 2012, and in addition, public notices regarding the request were advertised in the Caller Times on January 15 and 29, 2012; Whereas, a public hearing was held at the February 8, 2012 PRAC meeting; Whereas, after the public'hearing, the Parks and Recreation Advisory Committee voted unanimously to support the naming request and asked the department to move the request forward to City Council for consideration and approval; Whereas, the request before the City Council conforms to City policy; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that SECTION 1. The name of the City managed ballfield located at 1901 Paul Jones Avenue is hereby named the "Raymond R. Dulak, Jr. Ballfield". That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: PA/ki. n 3, 1 2-- By: Lisa Agin l , Assistant City Attorney for the City Attorney 16 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE:. 3/9/2012 TO: Ronald L. Olson, City Manager FROM: Alison J. Logan, First Assistant City Attorney Jennifer Dragoo, Chairperson of the Ethics Commission Ordinance amending the Code of Ethics provisions regarding conflicts of interest and complaint procedures CAPTION: Ordinance Amending the Code of Ethics provisions regarding conflicts of interest and complaint procedures BACKGROUND AND FINDINGS: The Ethics Commission has been discussing and considering amendments to the City's Code of Ethics. A presentation to the City Council was made on February 28, 2012. After some comments and concerns were made by several Council members, concerning the meaning of the term "transaction ", City Manager Ron Olson suggested that the Ethics Commission have further discussion. On March 8, 2012, the Ethics Commission met and discussed this issue and decided to substitute the phrase "business transaction" for the word "transaction." ALTERNATIVES: Reject proposed amendments and retain ethics ordinance as it exists. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY EMERGENCY 1 NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Ethics Commission /Legal Department —211— FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of amendments LIST OF SUPPORTING DOCUMENTS: Article V. Code of Ethics Approvals: Alison Logan, First Assistant City Attorney Margie C. Rose, Assistant City Manager Page 1 Ordinance amending the Code of Ethics provisions regarding conflicts of interest and complaint procedures Whereas, the City of Corpus Christi Ethics Commission submits their recommended changes to the Code of Ethics to City Council for approval; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas as follows: Section 1. The City of Corpus Christi Code of Ordinances, Chapter 2, Administration, Article V, Code of Ethics, is amended to read as follows: ARTICLE V. CODE OF ETHICS DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. Sec. 2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: Conflicts of interest: (7).i * * * * * J:\LISA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx —213 -- Page 2 mattef. If a contract or business transaction involvingthe city, in which you or one of your relatives have a conflict of interest or potential conflict of interest comes before you in the performance of your official duties, you shall take the following actions: (i) Immediately make a written disclosure of your interest in the matter to the City Secretary and City Manager. (ii) Abstain from any vote or decision. (iii) Not participate in any discussion on the matter with members of the council, the City Manager, or City employees. (B) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract or business transaction in which you or one of your relatives have a conflict of interest or potential conflict of interest. (C) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the City Secretary and City Manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in yourprivate capacity. * * * Sec. 2-312. Definitions. The following definitions apply to the above rules of conduct: Conflict of Interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. J:\LISA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx -214- Page 3 Substantial interest: Any interest in a business entity if a city council member the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A city council member person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with, a fair market value of two thousand five hundred dollars ($2,500.00) or more. * * DIVISION 2. ETHICS COMMISSION Sec. 2-330. Complaints. * * * * * * (b)Upon the sworn complaint of any five (5) people one (1) person filed with the city secretary's office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city officials and board members other than members of this commission. In addition, the commission shall consider such possible violations when referred to it as a complaint by majority vote of all council members holding office and qualified to vote thereon. The council may direct the city attorney to draft such referred complaint, which shall be reviewed as other complaints hereunder. The council members voting for the complaint shall sign the complaint. Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. Section 3. A violation of Code of Ethics adopted by this ordinance shall be enforced as provided by Section 2 -313 of the Code of Ordinances. 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. This ordinance is effective upon and after publication. J:1LISA \2012 0rdinance\0rdinance with Ethics Commission amendments to Code of Ethics.docx —215— Page 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: �z. By: «L - L-eriki-C,...., Alison Logan J First Assistant City Attorney For the City Attorney Joe Adame Mayor J:\LtSA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx -216- 17 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/27/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 CAPTION: Lease purchase of two (2) five yard wheel loaders RECOMMENDATION: Motion approving the lease purchase of two (2) five yard wheel loaders from Anderson Machinery, of Manor, Texas in the amount of $379,629.68 of which $6,757.53 is required for FY 2011 -2012. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. The units will be used by the Solid Waste Department. Funds for the lease purchase of the wheel loaders will be provided through the City's lease /financing program. BACKGROUND AND FINDINGS: The wheel loaders will be used at the J.C. Elliott Transfer Station in the brush grinding operations in moving brush. One unit is an addition to the fleet and the other unit is a replacement. The expected life for a wheel loader is eight years. The unit replaced has been in service for twelve years, with maintenance repair costs of $89,735 paid during the last three years. These units are priced with a five -year full coverage extended warranty and five -year maintenance contract. The local Anderson Machinery dealership in Corpus Christi will provide for delivery, maintenance and warranty work on this unit. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The wheel loaders will be funded for a sixty -month period with an estimated interest rate of 2.62 %. The actual interest rate will be determined after acceptance of the wheel loaders. The estimated annual payment is $81,090.36. Total estimated cost over the sixty -month period, including principal of $379,629.68 and the interest of $25,822.12, is $405,451.80. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $488,941.08 $398,694.27 $887,635.35 Encumbered / Expended Amount 336,065.92.. 0.00. 33.6,065.92 This item 6,757.53 398,694.27 405,451.80 BALANCE $146,117.63 0.00 $146,117.63 und(s): General Fund Comments: Lease payments are expected to commence on or about July 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Regt5aE ) F/ \§ƒ ƒ \ d maw/ a ra §3 ' =r ft j ,- ` °ip�[ @ a a) �[� - k � iffr (0 \ �j (0 \ 0) 2 \ @ \ .�_2 NOI1di2:1OSa 9L- OZZ'684$ 8E "OL9'4'Z$ 100- L96'994$ O5 "E8tr'BZZ$ I 00 "886'406$ 00'176tr'ZOZ$ 1 88'6Z9'6LE$ 1 48'468'681.$ 1 4ae3 / k - \ ii a a -$ i\ "� {ƒ /k (i 21 k [ƒ 2 \ ) e IVO 11OH }k 8[ 18 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/27/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 Lease Purchase of Curbside Recycle Containers CAPTION: RECOMMENDATION: Motion approving the lease purchase of 2,940 96- gallon curbside recycle containers from Toter Incorporated, Statesville, North Carolina for the total amount of $149,899, of which, $8,080.47 is required for fiscal year 2011/2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated recycle program. Funds for the lease purchase of the curbside recycle containers will be provided through the City's lease /purchase financing program. BACKGROUND AND FINDINGS: The containers will be used in the City's automated curbside recycle program. These containers will be distributed to residents in new start -up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated curbside recycle program. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The containers will be funded for a sixty -month period with an estimated interest rate of 3.00 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $32,321.88. Total estimated cost over the sixty -month period, including principal of $149,899.00 and interest of $11,710.40, is $161,609.40 CONFORMITY TO CITY POLICY: This purchase conforms to all C ity purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Department —225— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,143,417.91 $153,528.93 $2,296,946.84 Encumbered / Expended Amount 1,887,590.86 0.00 ' 1,887,590.86 This item 8,080.47 153,528.93 161,609.40 BALANCE $247,746.58 0.00 $247,746.58 Fund(s): General Fund Comments: Lease payments are expected to commence on or about May 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —226— CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: MARCH 27, 2012 PRICE SHEET HGAC CONTRACT# GC01 -11 CURBSIDE RECYCLE CONTAINERS Toter Incorporated Statesville, NC Item Description Qty. Unit Unit Extended Price Price 1 2,940 96- gallon curbside recycle containers TOTAL: 1 Lot $ 149,899.00 $ 149,899.00 -227- $ 149,899.00 19 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/27/2012 TO: Ronald L. Olson, City Manager FROM: CAPTION: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com Lease purchase of one (1) Caterpillar Pneumatic Roller Recommendation: Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, Dallas, TX for a total amount of $101,554 of which $5,440.59 is required for fiscal year 2011/2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease purchase financing program. BACKGROUND AND FINDINGS :: The Street Department's base failure, utility cut repair and level -up crews require the use of a pneumatic wheel roller to compact soft spots and provide for uniform compaction in hot -mix asphalt used in street repair projects throughout the city. The current unit has been in service for fourteen years and the useful life of this roller has been exhausted. The local Holt Caterpillar dealer will deliver and service the new unit. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: The Caterpillar Pneumatic Roller will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment for the Caterpillar Roller will be $21,762.36. Total estimated cost over the sixty month period, including principle of $101,554.00 and interest of $7,257.80 is $108,811.80. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not Applicable —231— DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $107,632.68 $103,371.21 $211,003.89 Encumbered / Expended Amount $63,614.67 0.00 $63,614.67 This item $5,440.59 $103,371.21 $108,811.80 BALANCE _ $38,577.42 0.00 $38,577.42 Fund(s): General Fund Comments: Lease payments are expected to commence on or about May 1, 2012 RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —232— 0 \f § n IF 01 cfp 001 0 • =- $ \2 ƒƒ /\ � � \ 0 0 r m \$ / 2 -4 z0f\ 0%=q C -C) \� / � 2 D //n m332 2 z 7? H _< 0 NOIldkIOSJ E z ¥ 00'1799` 40 m0 CD H Vic— / E $ al /-I Cr cn 0 0 a -0 ?/ $ m ,0 Ei -40 . f 0 /A $ $ 0 0 0 20 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/27/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb©cctexas.com CAPTION: Lease Purchase of four (4) Side. Loading Refuse Trucks RECOMMENDATION: Motion approving the lease purchase of four (4) side loading refuse trucks from Rush Truck Centers of Texas LP, Houston, Texas for a total amount of $1,186,120.00 of which $21,113.32 is required for the remainder of FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacement to the fleet and will be used by the Solid Waste Department. Financing for the lease purchase of the vehicles will be provided through the City's lease /purchase financing program. BACKGROUND AND FINDINGS: The four (4) side loading refuse trucks will be used by the Solid Waste Department as part of the City -wide automated collection process. The refuse trucks will be equipped to operate on compressed natural gas (CNG). With the purchase of these four (4) CNG refuse trucks, the department will have a total of eight (8) CNG refuse /recycle collection vehicles in the fleet. These units are replacements to the fleet. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The refuse trucks will be funded for a sixty -month period with an estimated interest rate of 2.62 %. The actual interest rate will be determined after acceptance of the refuse trucks. The estimated annual payment is $253,359.84. Total estimated cost over the sixty -month period, including principal of $1,186,120 and interest of $80,679.20, is $1,266,799.20 CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. —237— EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line Item Budget $2,143,417.91 1,245,685.88 $3,389,103.79 Encumbered / Expended Amount $1,919,714.75 0.00 $1,919,714.75 This item $21,113.32 1,245,685.88 $1,266,799.20 BALANCE $202,589.84 0.00 $202,589.84 Fund(s): General Fund 1020 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO DATE: MARCH 27, 2012 BUYBOARD CONTRACT #358 -10 REFUSE TRUCKS PRICE SHEET Rush Truck Centers of Texas LP Houston, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1 Peterbilt 320 Cab /Chassis, Right Hand Steer, CNG Engine, Klam Driveline Retarder "Heil DP Python" 28 Cu Yd. Automated Side Loading Refuse Body w /CNG Fuel System. TOTAL 4 EACH $296,530.00 $1,186,120.00 $1,186,120.00 21 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/27/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com Purchase of twelve (12) Chevrolet Tahoes CAPTION: RECOMMENDATION: Motion approving the purchase, of twelve (12) Chevrolet Tahoes from Caldwell Country Chevrolet, Caldwell, Texas, for a total amount of $327,562. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacement to the fleet and will be used by the Police Department. Funding is available in the FY 2011 -2012 Capital Outlay Budget of the Fleet Maintenance Fund. BACKGROUND AND FINDINGS: These twelve (12) vehicles will be used by the Police Department for day -to -day police work. All units are replacements to the fleet. The Crown Victoria series are no longer available after 2011 and the Chevrolet Tahoe is an alternate choice in police interceptor vehicles. The Police Department will utilize these vehicles for comparison of equal performance of the Crown Victoria. The Tahoes are equipped with a police package similar to the Crown Victoria's, which includes a higher horsepower engine, heavy -duty brakes, radiator and battery charger system. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. Ten of the Tahoes are two -wheel drive (2WD) and two of the Tahoes are four -wheel drive (4WD). ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. —243— CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,542,792.71 0.00 $4,542,792.71 Encumbered 1 Expended Amount $2,532,625.69 0.00 $2,532,625.69 This item $327,562.00 0.00 $327,562.00 BALANCE $1,682,605.02 0.00 $1,682,605.02 Fund(s): Police Department Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocaras, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO COUNCIL DATE MARCH 27, 2012 PRICE SHEET CHEVROLET TAHOES CALDWELL COUNTRY CHEVROLET CALDWELL, TEXAS ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1. 2011 Chevrolet Tahoe 2WD 2. 2011 Chevrolet Tahoe 4WD 3. BuyBoard Fee 10 2 1 EA EA EA $26,617.00 $266,170.00 $30,496.00 $60,992.00 $400.00 $400.00 TOTAL: $327,562.00 22 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/27/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Lease Purchase of one (1) Trommel Screen. RECOMMENDATION: Motion approving the lease purchase of one (1) trammel screen from McCourt & Sons Equiprnent, Inc., La Grange, Texas for a total amount of $292,125.00 of which $20,799.68 is required for the remainder of FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment is a replacement unit and will be used by the Solid Waste Department. Financing for the equipment will be provided through the City's lease- purchase financing program. BACKGROUND AND FINDINGS: The trommel screen will be utilized by the brush operations crews at the J. C. Elliott Landfill brush grinding area in the production of fine compost and mulch. The equipment is a replacement unit. The expected life for a trommel screen is ten years. The unit it will replace has been in service for sixteen years, with a total maintenance repair costs of $62,181 during the life of the machine. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The trammel screen will be funded for a sixty -month period with an estimated interest rate of 2.62 %. The actual interest rate will be determined after acceptance of the trommel screen. The estimated annual payment is $62,399.04. Total estimated cost over the sixty -month period, including principal of $292,125 and interest of $19,870.20, is $311,995.20 CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. —249— EMERGENCY / NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Operating Expense Fiscal Year 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $488,941.08 $291,195.52 $780,136.60 Encumbered / Expended Amount $342,823.45 0.00 $342,823.45 This item $20,799.68 $291,195.52 $311,995.20_ $125,317.95 BALANCE $125,317.95 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocarias, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —250— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 03/27/12 ITEM DESCRIPTION QTY. PRICE SHEET BUYBOARD CONTRACT #345 -10 UNIT McCourt & Sons Equipment, Inc. La Grange, Texas 1. McCloskey 621 RE Trommel with reversing fan, king pin hitch, and 1/2" x 112" Screen. Each Unit Price $292,125.00 Extended Price $292,125.00 Award Total $292,125.00 23 TO: AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/27/2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 CAPTION: Purchase of specialized equipment (Bid Invitation No. BI- 0112 -12) RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $129,559.00 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. BACKGROUND AND FINDINGS: On November 10, 2009 the City Council approved to accept a grant from the Texas Department of Public Safety, Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2009 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $129,559.00. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. EMERGENCY 1 NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department - -255 -- FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $285,027.14 $0.00 $285,027.14 Encumbered / Expended Amount $0.00 $150,607.93 $0.00 $150.607.93 This item $0.00 $129,559.00 $0.00 $129,559.00 BALANCE $0.00 $4,860.21 $0.00 $4,860.21 Fund(s): Fire Grant Fund 1062 Comments: The cost of the equipment is $129,559.00. The HSGP 09 -12 SHSP- Fire Grants Fund 1062 has $285,027.14 allocated in for the Homeland Security Grant Program. The HSGP 09 -12 SHSP- Fire Grants Fund 1062 project must be complete and submitted to the State for reimbursement by April 15, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -256- 24 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/24/2012 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police 886 -2603 richardb aacctexas.com CAPTION: Michael Armstrong, Director of Information Systems 826 -3735 Michaela ra,cctexas. com Approving the purchase of a software interface Motion approving the purchase of an Interface for the Laboratory Information Management System (LIMS) and ILeads from STARLIMS Corporation, Hollywood, Florida, for a total expenditure of $73,550. Funds are available through the Coverdell Forensic Sciences Improvement Grant program and MIS. BACKGROUND AND FINDINGS: The Forensic Services Division of the Corpus Christi Police Department purchased the LIMS under the 2010 Coverdell Grant which provides for the collection, manipulation, storage and retrieval of information to determine how efficiently and effectively the laboratory is operating. This purchase will provide for the necessary interface between .LIMS and Heads. Future support and maintenance costs will be requested in subsequent budget years. This is an expansion of a system already in use by the Health Department. Utilizing the same system allows for shared functional and technical resource support and reduces the costs associated with purchasing a new system ALTERNATIVES: Not purchase the interface and not fully utilize the LIMS system OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: -259- Adheres to all city policies. EMERGENCY I NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: MIS Legal Grants FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures jCIP only) Current Year Future Years TOTALS Line Item Budget 183,500 183,500 Encumbered / Expended Amount 21,750 21,750 This item 73,550 87,525 BALANCE 88,200 88,200 und(s}: Police Grants Fund and MIS Comments: RECOMMENDATION: Approving the motion LIST OF SUPPORTING DOCUMENTS: Contract with LIMS Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager -260- iNTERGRAPH March 5, 2012 City of Corpus Christi, Texas Mr. Philip Sepaugh Interim IT Program Coordinator 321 John Sartain Street Corpus Christi, TX 78401 Subject: LIMS Interface Dear Mr. Sepaugh: Intergraph Corporation Security, Government & Infrastructure P.O. Box 240000, Huntsville AL 35813 Phone: 256-730-2000 http://publicsafety.intergraph.com Per Corpus Christi, Texas' request (hereafter "City "), Security, Government and Infrastructure a Division of Intergraph Corporation (hereafter "Intergraph ") is pleased to provide this Quote and below Statement of Work (SOW) to provide an interface to the Laboratory Information System (LIMS). Statement of Work Description Intergraph will create an import of incident attachments and supplemental information. Supplementai information may include a narrative, property items, vehicles, names, or charges. This interface is for evidence and should primarily be sending the narrative, attachments (forensics reports), property items, and vehicles (when they are evidence). Names and charges should already be associated with the incident from the officer's original report or supplemental report. This import would run on a scheduled basis and monitor a shared directory for .pdf files to be attached to an incident. These files will either be single files named with information identifying the incident they are associated with OR will be an .xml formatted file that contains incident and optional supplemental information along with a tag for the a .pdf file name. In the case of .xml files, a supplement to the identified incident will be created and the referenced pdf file will be attached to the new supplement. The LIMS vendor (STARLIMS) will not update the I /LEADS database directly. If adding attachments directly to the incident (without a supplement) then no data fields in the incident will be updated. If adding a supplement with or without an associated attachment, then only data fields in the supplement will be updated and only those fields that currently exist in the City I /LEAD system. Intergraph will create a web service that can be used by the LIMS vendor to create a property voucher and associated property records in I /LEADS. This web service would accept a NEW request from the LIMS system with xml formatted data that would identify the case and voucher information along with records for each piece of property on the voucher. The xml file must contain at least the I /LEADS minimum required data for creating a voucher and property records but could contain any appropriate data for creating a voucher and the associated property records as they exist in the version of I/LEADS installed at Corpus Christi. The web service will return to the LIMS system the property IDs for the requested pieces of property. —261— Intergraph shall: 1) Provide single paint of contact during project 2) Create an import of incident attachments and supplemental information as described above City shall: 1) Provide single point of contact during project 2) Confirm the installation of interface 3) Provide 24/7 VPN access (with login/password) Project Deliverables • Remote configuration and implementation • IILEADS Web Service Interface — Property Records • 11LEADS Import interface — incidents and Supplemental information Assumptions • All services are remote • It is assumed that no additional fields will need to be added to I /LEADS to support this interface (with the possible exception of a LIMS ID for each piece of property). • The LIMS system will send I/LEADS picklist values for any field that uses picklist data entry and that all values sent will conform to IILEADS data types and sizes Acceptance Criteria The interface shall be considered accepted with either written acceptance by the City, or within ten (10) calendar days following installation, whichever comes first. Schedule Scheduling of Intergraph training /services will occur: (1) upon receipt of this executed document, (ii) receipt of City's purchase order (if applicable), and (iii) City has no past due payments to Intergraph. Intergraph and the City will determine a mutually agreeable schedule for completion of the deliverables as described in this SOW. Price Pricing for this quote is in accordance with Intergraph quotation number CorpusChristi_LIMS Interface $Q0201121ps1$.pdf which is provided as an attachment. This purchase is for project implementation services and custom interface software. Estimated first year maintenance has been included; actual maintenance will be quoted to City by Intergraph Maintenance Contracts upon shipment based on maintenance renewal date. Intergraph will update the City maintenance contract to reflect the new interfaces upon receipt of this signed document. Payment and Acceptance Terms Payment for this SOW will be due upon completion of the payment milestones set forth below. The terms of payment shall be net thirty (30) days from the date of invoice. An interest charge of two percent (2 %) per month (or the maximum amount allowed by law, whichever is less), prorated on the basis of a thirty (30) day month, will be assessed on delinquent payments. Page 2 of 22 -262- f\ifiR-GRApH Payment Milestone. Payment Percentage Upon execution of this SOW. 50% IUpon City's written acceptance that the services have been successfully completed. 50% Intergraph will submit the invoice(s) to: City of Corpus Christi, Texas Mr. Philip Sepaugh Interim IT Program Coordinator 321 John Sartain Street Corpus Christi, TX 78401 Please reference Attachment A -4 for Intergraph Remittance October 1, 2011. Please indicate your acceptance of this quote by your questions or require further information, please scot pallackCa�intergraph.com. Instructions, which are updated and became effective signature on the following page. If you have any contact Scott Pallack at 954.415.7157 or Page 3 of 22 --263— Approval Signatures By the signatures below, the City accepts the enclosed quote and agrees that the work to be performed is governed by the terms and conditions noted above and in Attachment A -1. Additionally, we agree that signatures by facsimile will be deemed to be an original signature and effective upon receipt by the other party. Authorized Intergraph Signature: 1 Name: Jennifer Williams, Director, U.S. Sales Accounting Signatu Authorized City Signature: 1/Miacir;,, IDate: 3_ Name: Signature: I Date: City: Please check the appropriate box: ❑ A Purchase Order Will Not be issued. City signature above constitutes notice to Intergraph to proceed with this Statement of Work. ❑ A Purchase Order Will be issued and shall contain the following statement: This Purchase Order is issued in accordance with the Terms and Conditions contained in Intergraph's Statement of Work. This signed document, together with a Purchase Order, will be sent to the following address. For US Mail Delivery: For Shipping /Delivery including Overnight Services: Intergraph Corporation Attn: Doug Hawkins P.O. Box 240000 Huntsville, AL 35813 Appre id as to form. Lisa Aguila Assistant Attorney For City Attorney Intergraph Corporation Attn: Doug Hawkins 19 interpro Road Madison, AL 35758 Page 4 of 22 —264— Attachment A -1, Terms:& Conditions Ownership in Data/ComputerSoftware All computer software related deliverables (data, programs, or program enhancements) prepared under this SOW shall be the property of Intergraph and shall be licensed to the City pursuant to Intergraph's current End User Software License Agreement. Notwithstanding the foregoing, Section 9 (Limitation of Liability), and Section 13.9 (Governing Law; Venue and Jurisdiction) shall not apply for the software deliverables provided under this SOW. Sections 3.3 and 62.2 (Indemnifcation`byYou) and Section 12 will be limited to the extent allowed by Texas law. Maintenance Forany new purchases of Intergraph software described in this SOW,. the City shall be- responsible for placing the newly purchased software under maintenance following expiration of the applicable warranty period. if the software is not placed under maintenance, the cost of development and- services required to. migrate the current functionality to the new version. will be added to all future system. upgrades. Enhancements to this software are not provided under the Maintenance agreement, For any software version upgrades described in this SOW, this upgraded software is provided at no cost to the City under the general terms of the Intergraph maintenance agreement. This maintenance agreement must be in effect and current before any scheduling or related work will occur. Warranty For any new software purchased as a part of this SOW, the following warranty applies, This warranty doe s not apply to software that is already covered under a paid maintenance agreement. Intergraph software is warranted to substantially conform to the user documentation, free from defects in material and workmanship for a period of thirty (30) days from Installation. INTERGRAPH DISCLAIMS. (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, EXCEPT THOSE SPECIFICALLY STATE[ ABOVE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES., EXPRESSED OR IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF INTERGRAPH. Disclaimer IN NO EVENT WILL INTERGRAPH BE LIABLE TO THE CITY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR DELIVERABLES PROVIDED UNDER THIS SOW, . EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS SOW FROM ANY CAUSE SHALL NOT EXCEED TWO TIMES THE VALUE OF THIS SOW. Infringement In the event of any proceeding against the City arising from allegations that the deliverables or services furnished by Intergraph infringes U.S. patent, copyright, trade secret, or other proprietary right of any third party, Intergraph will, if such allegation is not a result from modifications made by the City, defend or settle such proceeding, at Intergraph's expense, provided the City promptly notifies Intergraph in writing and grants Intergraph full authority to defend and settle such proceeding. Intergraph shall make such defense by counsel of its own choosing and the City shall cooperate with said counsel. Page 5 of 22 Force Majeure Neither party shall be deemed to be in default of any provision of this SOW or be liable for any delay, failure in performance, or interruption of service resulting from acts of war, acts of terrorism, acts of God, acts of civil or military authority, civil disturbance, or any other cause beyond its reasonable control, Taxes Prices are exclusive of all federal; state or local sales, use, property, gross receipts, value added or similar taxes based upon amounts payable to. Intergraph pursuant to this SOW ( "Taxes").,_ Such Taxes, however do not include franchise taxes or taxes based on netinoorne. The City agrees to pay Intergraph any applicable Taxes.or provide Intergraph documentary evidenceofan appropriate - statutory exernption. Governing Law This SOW shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas, Place of Performance The City agrees to provide appropriate work place accommodations, computer equipment, software, and necessary access. for Intergraph personnel, Insurance Intergraph will comply with insurance requirements set forth. in Attachment A -2. Entire Agreement These terms and conditions, the Intergraph quotation, together with any attachments hereto, constitute the entire - agreement between the parties with respect to the subject matter hereof; all prior agreements, representations, statements, negotiations, and undertakings are superseded - hereby. In the event of a conflict between the terms .and conditions of Attachment A -1 (Terms -and Conditions) and-any other terms and condition of they SOW the terms and conditions -of Attachment. A-1 shall prevail, Page 6 of 22 I RAPI-13 Attachment A -2: Insurance Requirements INSURANCE REQUIREMENTS [. INTERGRAPH'S LIABILITY INSURANCE A. Intergraph must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Intergraph must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Intergraph must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation is required on all certificates or by policy endorsement(s) Bodily Injury and Property Damage COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury $1,000,000 COMBINED SINGLE LIMIT Per occurrence /aggregate ELECTRONIC PROFESSIONAL LIABILITY including: Coverage provided must cover officers, directors employees and agents 1. ERRORS AND OMMISIONS $1,000,000 COMBINED SINGLE LIMIT per claim /aggregate C. In the event of accidents of any kind related to this agreement, Intergraph must fumish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. II. ADDITIONAL REQUIREMENTS A. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractors sole expense, insurance coverage written on an occurrence or claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. B. Contractor agrees that with respect to the above required insurance, all will 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 professional liability policy; Page 7 of 22 —267— 1 RH • Provide notice directly to City of any suspension, cancellation, non - renewal or material change in coverage. C. Within thirty (30) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 agreement. D. In addition to any other remedies the City may have upon Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. E. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. F. It is agreed that Contractor'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 agreement. G. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page8of22 —268— Attachment A -3: Project Deliverable Sign Off Form PROJECT DELIVERABLE SIGN OFF FORM CUSTOMER NAME, ANYWHERE USA — PROJECT NAME Submission Date; month /Day /Year 1 Sign -Off Target date: Month/Day/year Submitted By: Intergraph Contact Name I Submitted To Customer Contact Name Customer Contract #: Customer Contract Number ; Customer /Project #: Intergraph Project Number TYPE OF DELIVERABLE 0 SOW Tasks 0 Payments 0 Plans /Designs EJ Training DELIVERABLE INFORMATION DELIVERABLE DESCRIPTION $AMOUNT OF PYMT THIS SECTION DESCRIBES THE DELIVERABLE (If applicable) With the deliverable described above complete, the Customer shall have five (5) working days to either sign -off that the deliverable has been met or state in writing to Intergraph the reason the deliverable has not been met. Sign -off of the deiivera ble shall be based solely upon the deliverable meeting the requirements stated irr the Agreement between Intergraph and CUSTOMER NAME dated Month /Day /Year and shall be indicated by the Customer signing the Projer;t Deliverable Sign-off Form, lithe Customer does not provide such signooff or rejection within the five day working period then the deliverable will be deemed to have been signed off. The signature below acknowledges that the deliverable described in the Agreement and listed above meets all of the appropriate criteria and supersedes all prior requirements for this item. Customer acknowledges completion of this payment milestone according to the Contract Payment Milestone Schedule and provides authorization to invoice this milestone. Authorized Customer Representative Customer Contact Name SIGNATURE DATE Page 9 of 22 —269— INT H Attachment A -4: Intergraph Corporation SGI Division Remittance Instructions Effective October 1, 2011 International U.S. Dollars Wire Transfer from Banks Outside of the United States: Pay To: SWIFT Code: ESSEUS33 Bank: SEB (Skandinaviska Enskilda Banken), New York, NY, USA Account Name: Intergraph Corporation SGI Division Account Number: 00007583 Intermediary Bank Information: SWIFT Code: IRVTUS3N Bank Name: Bank of New York Mellon, New York, NY Domestic Wire Transfer from U.S. Banks: ABA Number: 021000018 Bank Name: Bank of New York Mellon, New York, NY Favor Of: Bank: SEB (Skandinaviska Enskilda Banken), Account Number 890 043 9688 For further credit to: Intergraph Corporation SG! Division, Account Number 00007583 EFT Receipts via Automated Clearing House (ACH): Account Number: 1030429611 Company Name: Intergraph Corporation SGI Routing Number: 043000096 Beneficiary Bank name: PNC Bank N.A. Address: Pittsburgh, PA 15222 Phone#1- 877 - 824 -5001, Opt 1 and Opt 3 Contact: Lockbox Group, Product Client Services Checks: Send your prepay check or remit payment upon receipt of invoice by regular US Mail to: Intergraph Corporation SGI Division 7104 Solution Center Chicago, IL 60677 -7001 If you have questions regarding the accompanying invoice or new remittance instructions, please call Cathy Simpson at 1- 256 -730 -8403 or Kim Johnson at 256- 730 -2130. INTERGRAPH CONTACT FOR ALL PAYMENT NOTICES: Cathy.Simpsona.intergraph.com Security, Government, & Infrastructure 19 Interpro Road Madison, AL 35758 -0015 Phone: 256.730.2000 www.intergraph.com TIN: 63-0573222 Correspondence Only: PO Box 240000 Huntsville, AL 35813 Page 10 of 22 —270— Attachment A -5: End User License Agreement IMPORTANT—READ CAREFULLY: This End -User License Agreement for Intergraph Corporation ( "EULA ") is a legal agreement by and between "you" (either an individual or a single legal entity) and Intergraph Corporation d /b /a the Security, Government and infrastructure division of Intergraph ( "Intergraph ") for the Intergraph software product(s) ( "SOFTWARE PRODUCT ") delivered with this EULA, which includes the computer software, object code copy, and all of the contents of the files, disk(s), CD- ROM(s) or other media with which this EULA is provided, including any templates, printed materials, and online or electronic documentation, all copies, and any modified versions, fixes, patches and Updates of the SOFTWARE PRODUCT, if any, licensed to you by Intergraph. Any software, including, without limitation, any modified versions, fixes, patches and/or Updates provided along with the SOFTWARE PRODUCT that is associated with a separate end -user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA, which shall take precedence over any other document and shall govern your use of the SOFTWARE PRODUCT, unless you have a signed license agreement with Intergraph that specifically addresses the licensing of the SOFTWARE PRODUCT, in which case the signed license agreement shall take precedence and shall govern your use of the SOFTWARE PRODUCT. You agree that this EULA is enforceable against you the same as any written, negotiated contract signed by you. If you do not agree to the terms of this EULA, you are not authorized to, and you shall not, download, install or use the SOFTWARE PRODUCT. 1. DEFINITIONS. As used in this EULA, the following terms are defined as follows and other capitalized terms set forth in this EULA shall have the meaning ascribed to them in this EULA: 1.1 "Primary License" means the license(s) of the SOFTWARE PRODUCT provided to you for general production use as authorized by this EULA. 1,2 "READ-ME file" means a computer text file that contains information a User may need to install or operate a SOFTWARE PRODUCT program. 1.3 "Supplementary License" means a license(s) of the SOFTWARE PRODUCT which is made available by Intergraph for select SOFTWARE PRODUCTS to augment Primary Licenses for special purposes. Each Supplementary License requires a Primary License and the term of the Supplementary License shall not exceed the term of the applicable Primary License. 1.4- "System" means any collection of your computers sharing a single licensing server or a set of redundant licensing services. 1.5 "Update" means any Upgrade, modified version, fix, patch and /or update of the SOFTWARE PRODUCT. 1.6 "Upgrade" means each new release of the SOFTWARE PRODUCT. Upgrades require a full installation and may be provided with a separate EULA. The EULA delivered with the Upgrade will supersede any EULA associated with prior releases of the SOFTWARE PRODUCT. 1.7 "User" means you or any individual authorized by you to use the SOFTWARE PRODUCT pursuant to the terms and conditions of this EULA. A User may also include your contractor who requires temporary use of the SOFTWARE PRODUCT to provide services on your behalf, 1.8 "XML Files" means the XML (Extensible Markup Language) files generated by the SOFTWARE PRODUCT, where applicable. 1.9 "XSL Stylesheets" means the XSL (Extensible Stylesheet Language) presentation of a class of XML Files which, when included with the SOFTWARE PRODUCT, describe how an instance of the class is transformed into an XML (Extensible Markup Language) document that uses the formatting vocabulary. 2. LICENSE GRANT. Provided you are not in breach of any term or condition of this EULA, Intergraph hereby grants you a limited, non - exclusive license to install and use the SOFTWARE PRODUCT, in object code form only, strictly for your internal use and strictly in accordance with this EULA, The license is non - transferable, except as specifically set forth in this EULA, You assume full responsibility for the selection of the SOFTWARE Page 11 of 22 —271— 1 PRODUCT to achieve your intended results, and for the installation, use and results obtained from the SOFTWARE PRODUCT. 2.1 Minimum Requirements. The SOFTWARE PRODUCT may require your System to comply with specific minimum software, hardware and /or Internet connection requirements. The specific minimum software, hardware and/or Internet connection requirements vary by SOFTWARE PRODUCT and per type of license and are available from Intergraph upon request. 2.2 License Type and Mode. SOFTWARE PRODUCTS are licensed as either Primary Licenses or Supplementary Licenses. There are six (6) types of Supplementary Licenses as described below. Depending on your license, a license may be used in either Concurrent -Use mode or Node - Locked mode. The license type and mode for the SOFTWARE PRODUCT you subscribed to or obtained will be designated (per the abbreviations set forth below) in the product description set forth on the proposal, quote or packaging provided with the SOFTWARE PRODUCT, and, if an electronic license manager tool is incorporated in the SOFTWARE PRODUCT, verified by the Intergraph license system. If not otherwise indicated, your license type and mode will be a Node - Locked Primary License. Each license of the SOFTWARE PRODUCT is subject to the terms of this EULA. 2.2.1 Concurrent -Use mode (CC) allows for the checking in and checking out of the total available licenses of the SOFTWARE PRODUCT for Users. At any point, you may run as many copies of the SOFTWARE PRODUCT as you have licenses. If the SOFTWARE PRODUCT is enabled to be run in a disconnected mode, as set forth in the READ -ME file, a User may check out a license from the System for mobile or home use, thus reducing the total number of licenses available in the license pool until the license is checked back in to the System. If the SOFTWARE PRODUCT is not enabled to be run in a disconnected mode, the mobile or home computer will require a Node - Locked License. If the anticipated number of Users of the SOFTWARE PRODUCT will exceed the number of applicable licenses, and in the absence of a license manager tool incorporated in the SOFTWARE PRODUCT, you must use a reasonable mechanism or process to assure that the number of persons using the SOFTWARE PRODUCT concurrently does not exceed the number of licenses. 2.2.2 Node - Locked mode (NL) allows a single copy of the SOFTWARE PRODUCT to be stored on hard disk and loaded for execution on a single designated workstation, or, for software designed for use on a handheld device, for execution on a single designated handheld device. 2.2.3 Supplementary Licenses are described below: (a) Backup License (BCK) is licensed solely for "cold standby" when manual switchover of the SOFTWARE PRODUCT to the Supplementary License is required in the event of failure of the Primary License. (b) Developer's License (DEV) is a license of a Web -based SOFTWARE PRODUCT that is delivered solely in connection with the Primary License of such SOFTWARE PRODUCT for the purposes of developing and testing your website built only with the SOFTWARE PRODUCT. Developer's. Licenses shall not be used for production purposes (Le. a fully deployed website). (c) Load Balancing License (LOB) is a license of a Web -based SOFTWARE PRODUCT solely for use as a second or successive license on a web cluster to balance the load with the Primary License. (d) Redundant License (RDT) is licensed solely for "hot standby" when automatic switchover of the SOFTWARE PRODUCT to the Supplementary License is required in the event of failure of the Primary License. (e) Test License (TST) is licensed solely for testing purposes. However, Intergraph also allows a Test License to be used to conduct no -cost training on test servers for a maximum of thirty (30) days per year. Page 12 of 22 —272— (1) Training License (TRN) is licensed solely for training purposes. 2.3 Updates. If the SOFTWARE PRODUCT is an Update to a previous version of the SOFTWARE PRODUCT, you must possess a valid license to such previous version in order to use the Update. The SOFTWARE PRODUCT and any previous version may not be used by or transferred to a third party. All Updates are provided to you on a license exchange basis and are subject to all of the terms and conditions of the EULA provided with the latest version of the SOFTWARE PRODUCT. By using an Update, you (i) agree to voluntarily terminate your right to use any previous version of the SOFTWARE PRODUCT, except to the extent that the previous version is required to transition to the Update; and (ii) acknowledge and agree that any obligation that Intergraph may have to support the previous version(s) of the SOFTWARE PRODUCT will end upon availability of the Update. If an Update is provided, you will take prompt action to install such Update as directed by Intergraph. If you fail to do so, you acknowledge that the SOFTWARE PRODUCT may not work correctly or that you will not be able to take advantage of all of the SOFTWARE PRODUCT'S available features. In such event, Intergraph will not be liable for additional costs you incur as a result of your failure to install such Update. 3. RIGHTS AND LIMITATIONS, Please see specific exceptions and additional terms related to GeoMedia Viewer Software, Beta Software, Evaluation Software, and Educational Software set forth at the end of this EULA. 3.1 THE FOLLOWING ARE PERMITTED FOR YOUR LICENSE: 3.1.1 You may make one copy of the SOFTWARE PRODUCT media in machine readable or printed form and solely for backup purposes. Intergraph retains ownership of all User created copies. You may not transfer the rights to a backup copy unless you transfer all rights in the SOFTWARE PRODUCT and license as provided for in Section 3.1.2. 3.12 You may transfer the SOFTWARE PRODUCT and license within your company (intra- company transfer), subject to the Intergraph Security, Government & Infrastructure Software Transfer Policy ( "SG &I Software Transfer Policy ") and the terms of this EULA. The SG &I Software Transfer Policy is available from Intergraph upon request. If you transfer the SOFTWARE PRODUCT, you must at the same time either transfer all copies, modifications, or merged portions, in whatever form, to the same party, or you must destroy those not transferred. 3.1.3 For a SOFTWARE PRODUCT intended for use on Web -based systems: (a) You may run multiple Web applications with a single license. (b) You may distribute client side web page plug -ins (e.g. ActiveX controls, Java applets) to Users. (c) You may load this SOFTWARE PRODUCT on multiple machines within a hardware cluster that is acting as a single web server, provided you have obtained the applicable number of Load Balancing Licenses from Intergraph and the total number of map servers deployed do not exceed the quantity licensed. (d) You may only use the Developer's License for development and testing of your website. 3.1.4 Unless otherwise stated in the READ -ME file, you may only copy and distribute the Java script source files to support the SOFTWARE PRODUCT's output vector map type and your associated websites, and you may prepare derivative works solely for your internal use. 3.1.5 Unless otherwise stated in the READ -ME file, for SOFTWARE PRODUCTS which contain XSL Stylesheets for presenting XML Files, you may only use the XSL Stylesheets and derivative works thereof for the purpose of presenting XML Files and derivative works thereof (collectively, "XML Products ") for your enterprise. You may not distribute the XSL Stylesheets or XML Products on a stand -alone basis. XSL Stylesheets may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material, or any material that infringes upon any third party intellectual property rights, or otherwise in any illegal manner. All XSL Stylesheets supplied with the SOFTWARE PRODUCT are and will remain the property of Intergraph. Page 13of22 —273— rtsfrifi—GRAPH Unless otherwise stated in the READ -ME file, for SOFTWARE PRODUCTS that are delivered with a public Application Programming Interface ( "API ") and/or configuration set-up, you may use the API and /or configuration set -up to customize and/or configure the SOFTWARE PRODUCT, but only to the extent permitted by the API and/or configuration set -up. You hereby agree to assign to Intergraph (without the need for any additional approval or documentation) any and all rights (if any) you have or obtain in any such customization and/or configuration. Intergraph does not make any representations or warranties with respect to such customization and/or configuration and to the maximum extent permitted by applicable law, Intergraph and its suppliers disclaim all warranties, either express or implied, relating to such customization and/or configuration, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, high risk use and non - infringement. Your use of such customization and/or configuration is solely at your own risk, and you hereby agree to indemnify and hold harmless Intergraph and its suppliers with respect to such customization and/or configuration. You shall not sell, rent, license, lease, lend or otherwise transfer any such customization and/or configuration, except pursuant to an intra - company transfer and per the terms and conditions of this EULA. 3.1.6 You are responsible, and bear the sole risk, for backing up all systems, software, applications, and data, as well as properly using the SOFTWARE PRODUCT. 3.1.7 At all times, you must keep, reproduce and include all copyright, patent, trademark and attribution notices on any copy, modification or portion of the SOFTWARE PRODUCT, including, without limitation, when installed, used, checked out, checked in and /or merged into another program. 3.2 THE FOLLOWING ARE. PROHIBITED FOR YOUR LICENSE: 3.2.1 You may not sell, rent, license, lease, lend or otherwise transfer the SOFTWARE PRODUCT, or any copy, modification, or merged portion thereof, to another company or entity (Le. inter - company transfer) or person. Any such unauthorized transfer will result in automatic and immediate termination of the license. 3.2.2. You may not, and you may not authorize anyone else to, decompile, disassemble, or otherwise reverse engineer the SOFTWARE PRODUCT. 3.2.3. You may not, and you may not authorize anyone else to, work around any technical limitations in the SOFTWARE PRODUCT. 3.2.4 You may not, and you may not authorize anyone else to, publish the SOFTWARE PRODUCT for others to copy or use. 3.2.5 You may not, and you may not authorize anyone else to, use, copy, modify, license or transfer the SOFTWARE PRODUCT, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this EULA, 3.2.6 You may not, and you may not authorize anyone else to, re -use the component parts of the SOFTWARE PRODUCT with a different software product from the one you are licensed to use or on different computers. The SOFTWARE PRODUCT is licensed as a single product. 3.2.7 You may not, and you may not authorize anyone else to, circumvent any license mechanism in the SOFTWARE PRODUCT or the licensing policy. 3.2.8 You may not, and you may not authorize or allow anyone else to, use or view the SOFTWARE PRODUCT for any purposes competitive with those of Intergraph. 3.2.8 You may not, and you may not authorize anyone else to, use the SOFTWARE PRODUCT except as expressly set forth in this EULA. 3.2.10 For desktop software that is Node - Locked: (a) You may not run the SOFTWARE PRODUCT for Web applications. (b) You may not allow the SOFTWARE PRODUCT to be used by multiple Users on a single workstation at the same time. Page 14of22 -274— I -N "ff-mG-14H 3.2.11 You may not, and you may not authorize or allow anyone else to, use the Developer's License for production purposes (Le., a fully - deployed website). 3.2.12 You may not, and you may not authorize or allow anyone else to, publish to a third party any results of benchmark tests run on the SOFTWARE PRODUCT. The sample and demo data set(s) and related script(s) delivered with some SOFTWARE PRODUCTS (the "Sample Data ") are provided solely for the purpose of instructing the User on how to use the SOFTWARE PRODUCT with which the Sample Data are delivered. The Sample Data are licensed in conjunction with the SOFTWARE PRODUCT and are not to be redistributed, licensed, sold, transferred, used or otherwise dealt with in a production solution without Intergraph's prior written consent. 3.2.13 You may not, and you may not authorize anyone else to, use the SOFTWARE PRODUCT outside the country in which it is licensed without the prior written consent of Intergraph. 3.2.14 The SOFTWARE PRODUCT is not one hundred percent (100 %) fault - tolerant. The SOFTWARE PRODUCT is not designed or intended for use in any situation where failure or fault of any kind of the SOFTWARE PRODUCT could lead to death or serious bodily injury of any person, or to severe physical, property or environmental damage ( "High Risk Use "). You are not licensed to use the SOFTWARE PRODUCT in, or in conjunction with, any High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class ill medical devices. You hereby agree not to use the SOFTWARE PRODUCT in, or in connection with, any High Risk Use. 3.3 Indemnification by You. You agree to hold harmless and indemnify Intergraph for any causes of action, claims, costs, expenses and/or damages resulting to Intergraph from a breach by you or any User of any of the limitations or prohibited actions set forth in this EULA. 4. TERM. This EULA is effective until terminated or until your software subscription expires without being renewed. You may terminate this EULA at any time by permanently destroying the SOFTWARE PRODUCT together with all copies, modifications and merged portions in any form. Intergraph may also immediately terminate this EULA if you fail to comply with the terms and conditions of this EULA, or if you fail to pay the appropriate license or subscription fee(s). You agree upon the earlier of the termination of this EULA or expiration of your software subscription to cease using and to permanently destroy the SOFTWARE PRODUCT (and any copies, modifications and merged portions of the SOFTWARE PRODUCT in any form, and all of the component parts of the SOFTWARE PRODUCT). 5. AUDIT. Intergraph shall have the right, during your normal business hours, to audit your use of the SOFTWARE PRODUCT and your compliance with the provisions of this EULA. Intergraph will provide you with thirty (30) days prior written notice of an audit. The right of audit shall be limited to twice per calendar year. Prior to the start of an audit, Intergraph's personnel will sign a reasonable non - disclosure agreement provided by you. During the audit, you shall allow Intergraph's personnel to be provided reasonable access to both your records and personnel. The cost of the audit shall be paid by Intergraph unless the results of the audit indicate that you have underpaid fees to Intergraph, in which case, you agree to promptly pay Intergraph such fees at the price previously agreed to for the SOFTWARE PRODUCT license or software subscription plus interest on such underpayments from the original due date at the lesser of two percent (2 %) per month or the highest rate allowed by applicable law, and you further agree to bear all costs associated with the audit. 6. INTELLECTUAL PROPERTY 6.1 Ownership 6.1.1 Software. ALL SOFTWARE PRODUCTS ARE PROPRIETARY PRODUCTS OF INTERGRAPH AND ADDITIONAL THIRD PARTIES, AND ARE PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATIES. TITLE TO SOFTWARE PRODUCTS AND ALL COPIES, MODIFICATIONS AND MERGED PORTIONS OF A SOFTWARE PRODUCT SHALL AT ALL TIMES REMAIN WITH INTERGRAPH AND SUCH THIRD PARTIES. SOFTWARE PRODUCTS are licensed, not sold pursuant to this EULA. Intergraph and additional third parties retain all Page 15 of 22 —275— iNffiRGRAPH right, title and interest in and to all SOFTWARE PRODUCTS, including, but not limited to, all Intellectual Property rights in and to each SOFTWARE PRODUCT. All rights not expressly granted to you by this EULA or other applicable third party software license agreement or terms and conditions are reserved by Intergraph and such third parties. 6.12 Intellectual Property. You acknowledge and agree that Intergraph and third party manufacturers, as applicable, own all rights in and to Intergraph's and the applicable third party manufacturer's trade names, and no right or license is granted to you pursuant to this EULA to use such trade names. You also acknowledge and agree that Intergraph and third party manufacturers, as applicable, own all right, title and interest in and to all intellectual property relating to and for the SOFTWARE PRODUCT, including, without limitation, patents, trademarks, copyrights, inventions (whether registerable or not), trade secrets, concepts, ideas, methods, techniques, formulae, algorithms, logic designs, screen displays, schematics, and source and object code computer programs (collectively, "Intellectual Property"). If you bring a patent claim against Intergraph or any third party manufacturer over patents you claim are being infringed by the SOFTWARE PRODUCT, your patent license from Intergraph and any applicable third party manufacturer(s) for the SOFTWARE PRODUCT automatically ends, 6.2 Intellectual Property Infringement 6.2.1 Remedy by Intergraph. In the event the SOFTWARE PRODUCT is, in Intergraph's opinion, likely to or becomes the subject of a claim of infringement of any duly issued U.S. Intellectual Property or other proprietary rights of a third party, Intergraph may, at its sole option and expense (a) procure for you the right to continue using the SOFTWARE PRODUCT; (b) modify the SOFTWARE PRODUCT to make it non - infringing, but functionally the same; (c) replace the SOFTWARE PRODUCT with a SOFTWARE PRODUCT which is non - infringing, but functionally the same; or (d) provide a prorated refund to you of the actual amount you paid Intergraph for the SOFTWARE PRODUCT. 6.2.2 Indemnification by You. In the event any proceeding (suit, claim, or action) is based (in whole or in part) on modifications, enhancements or additions made by you or any person or entity on your behalf, or your use of the SOFTWARE PRODUCT in combination with other products not furnished by Intergraph, you agree to hold harmless and defend, at your sole cost and expense, all of Intergraph's right, title and interest in and to the SOFTWARE PRODUCT, as well as Intergraph's goodwill and reputation both in good faith and at a standard as if the claim is made against you. You shall reimburse Intergraph any defense expenses inclusive of reasonable attomeys' fees expended by Intergraph in defense of said claim, and pay any judgment rendered against Intergraph. You shall make such defense by counsel of your choosing and Intergraph shall reasonably cooperate with said counsel at your sole cost and expense. You shall have sole control of said defense, but you shall allow Intergraph to reasonably participate in its own defense and you shall reasonably cooperate with Intergraph with respect to the settlement of any claim. Notwithstanding the foregoing, Intergraph may at any time decide to take over any defense of Intergraph at Intergraph's cost and expense and you shall render full cooperation and assistance to transfer such defense to Intergraph and with respect to such defense. 6.3 DISCLAIMER OF INTELLECTUAL PROPERTY WARRANTIES AND LIMITATION OF LIABILITY. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES SET FORTH IN THIS EULA ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT AND THESE INTELLECTUAL PROPERTY LIMITED WARRANTIES ALONG WITH THE STATED REMEDIES REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND LIABILITY OF INTERGRAPH WITH REGARD TO INTELLECTUAL PROPERTY INFRINGEMENT. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION, IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED Page 16 of 22 —276— 1 WARRANTIES AND LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 7. LIMITED WARRANTIES. 7.1 Intergraph warrants to you for a period of thirty (30) days from the date of shipment that the SOFTWARE PRODUCT delivery media will be free of defects in material and workmanship, provided the SOFTWARE PRODUCT is used under normal conditions and in strict accordance with the terms and conditions of this EULA. You agree to promptly notify Intergraph of any unauthorized use, repair or modification, or misuse of the SOFTWARE PRODUCT, as well as any suspected defect in the SOFTWARE PRODUCT delivery media. 7.2 Intergraph warrants that it has the right to grant you this license. 7.3 THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL WARRANTY OBLIGATION OF INTERGRAPH. THE LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. IF THIS WARRANTY SECTION DOES NOT ADHERE TO LOCAL LAWS, THEN THE MINIMUM WARRANTY TERM PRESCRIBED BY THE LAWS OF YOUR JURISDICTION SHALL APPLY. 8. WARRANTY DISCLAIMERS. ALL WARRANTIES PROVIDED PURSUANT TO THIS EULA ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS EULA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE AND NON - INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED 'AS IS" AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 9. LIMITATION OF LIABILITY. YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR USE OF THE SOFTWARE PRODUCT. TO THE MAXIMUM. EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT AND /OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF' INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INTERGRAPH BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE DOWNLOADING, VIEWING, USE, DUPLICATION, DISTRIBUTION OR DISCLOSURE OF ANY SAMPLE DATA PROVIDED BY INTERGRAPH, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM, LIABILITY OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OR CORRUPTION OF DATA ARISING FROM, OUT OF OR IN CONNECTION WITH, THE SAMPLE DATA OR THE USE OR OTHER DEALINGS Page 17 of 22 —277 -- 1E WITH THE SAMPLE DATA. INTERGRAPH'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO INTERGRAPH FOR THE SOFTWARE PRODUCT OR SOFTWARE SUBSCRIPTION AT ISSUE AT THE TIME THE INITIAL EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS EULA MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. 9.1 In the event the SOFTWARE PRODUCT does not substantially comply with the limited warranties set forth in this EULA, Intergraph's entire liability and your exclusive remedy shall be, in Intergraph's sole and absolute discretion, either (i) the modification, repair or replacement of the SOFTWARE PRODUCT; or (ii) a prorated refund to you of the actual amount you paid Intergraph for the SOFTWARE PRODUCT for the period of time that the SOFTWARE PRODUCT did not substantially conform to the limited warranties set forth in this EULA. 9.2 Intergraph is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this EULA, but in no other respects and for no other purpose. 10. RESTRICTIONS. 10.1 United States Government Restricted Rights. If the SOFTWARE PRODUCT (including any Updates, documentation or technical data related to such SOFTWARE PRODUCT) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section 10.1 also applies. 10.1.1 For civilian agencies: The SOFTWARE PRODUCT was developed at private expense and is "restricted computer software" submitted with restricted tights in accordance with the Federal Acquisition Regulations ( "FAR ") 52.227 -19 (a) through (d) (Commercial Computer Software — Restricted Rights). 10.1.2 For units of the Department of Defense: The SOFTWARE PRODUCT was developed at private expense and is "commercial computer software" submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations ( "DFARS ") DFARS 227.7202 -3 (Rights in commercial computer software or commercial computer software documentation). 10.1.3 Notice: This SOFTWARE PRODUCT is "commercial computer software" as defined in DFARS 252.227 -7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes "technical data" as defined in DFARS 252.227 -7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this "commercial computer software" shall be in strict accordance with the manufacturer's standard commercial license, which is attached to and incorporated into the governing Government contract. Intergraph and any applicable third party software manufacturer(s) are the manufacturer. This SOFTWARE PRODUCT is unpublished and all rights are reserved under the Copyright Laws of the United States. 10.2 Export Restrictions. This SOFTWARE PRODUCT, including any technical data related to this SOFTWARE PRODUCT, is subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. This SOFTWARE PRODUCT, including any technical data related to this SOFTWARE PRODUCT and any derivatives of this SOFTWARE PRODUCT, shall not be exported or re- exported, directly or indirectly (including via remote access), under the following circumstances: 10.2.1 To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 10.2.2 To any person or entity listed on any United States government denial list, including, but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Page 18 of 22 —278— 14E H Lists ( www. bis. doc.gov/ complianceandenforcementlliststocheck .htm), the United States Department of Treasury Specially Designated Nationals List ( www. treas. gov /officeslenforcementlofacl), and the United States Department of State Debarred List (http: / /www.pmddtc. state .gov /compliance /debar.html). 10.2.3 To any entity if you know, or have reason to know, the end use is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 10.2.4 To any entity if you know, or have reason to know, that an illegal reshipment will take place. 11. If the SOFTWARE PRODUCT you received is identified on the media as being ITAR - controlled, this SOFTWARE PRODUCT has been determined to be a defense article subject to the U.S. International Traffic in Arms Regulations (ITAR). Export of this SOFTWARE PRODUCT from the United States must be covered by a license issued by the Directorate of Defense Trade Controls (DDTC) of the U.S. Department of State or by an ITAR license exemption. This SOFTWARE PRODUCT may not be resold, diverted, or transferred to any country or any end user, or used in any country or by any end user other than as authorized by the existing license or ITAR exemption. Subject to the terms of this EULA, this SOFTWARE PRODUCT may be used in other countries or by other end users if prior written approval of DDTC is obtained. 12. You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, expenses and/or damages resulting to Intergraph from a breach by you or any User of the export restrictions set forth in this EULA. Any questions regarding export or re -export of the SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to Intergraph's Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United States 35758 or at exportcompliance (a?intemraph.com. You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, expenses and /or damages resulting to Intergraph from a breach by you or any User of the export restrictions set forth in this EULA. Any questions regarding export or re- export of the SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to Intergraph's Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United States 35758 or at exportcompliance (c�intergraph.com. 12.1 Territorial Use Restriction. Unless otherwise specifically permitted in writing by Intergraph, use of the SOFTWARE PRODUCT outside the country in which it is licensed is strictly prohibited. 12.2 Nondisclosure. You understand that Intergraph possesses information and data, including, without limitation, Intellectual Property, that was developed, created or discovered by Intergraph, or which has become known to or has been conveyed to Intergraph, which has commercial value in Intergraph's day - to -day business ( "Confidential Information "). Intergraph considers such Confidential Information to be proprietary and confidential. You agree to treat and maintain as proprietary and confidential Intergraph's Confidential Information and any information or data provided by Intergraph, in whatever form, as you would treat your own proprietary and confidential information and data, but in any event, no less than with reasonable care, and to comply with all license requirements, copyright, patent, trademark and trade secret laws as they may pertain to any of Intergraph's Confidential Information or other information or data provided by Intergraph. 13. GENERAL 13.1 Entire Agreement. You acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions. You further agree that this EULA is the complete and exclusive statement of the agreement between you and Intergraph relating to the subject matter of this EULA and that this EULA supersedes any proposal or prior agreement, oral or written, and any other communications between you and Intergraph relating to the subject matter of this EULA. This EULA may be amended only by a written instrument signed by both you and Intergraph; provided however, certain Intergraph SOFTWARE PRODUCTS and Updates may be subject to additional terms and conditions contained in a EULA Addendum or separate EULA that is delivered with the applicable SOFTWARE PRODUCT or Update. Any reproduction of this EULA made by reliable means (for example, printed, photocopy or facsimile) will be deemed an original. Page 19 of 22 —279— 13.2 Severability. Whenever possible, each provision of this EULA shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this EULA shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this EULA. 13.3 Headings. The various headings in this EULA are inserted for convenience only and shall not affect the meaning or interpretation of this EULA or any section or provision of this EULA. 13.4 No Waiver. Any failure by either party to enforce performance of this EULA shall not constitute a waiver of, or affect said party's right to avail itself of such remedies as it may have for any subsequent breach of the terms of this EULA. 13.5 Notices. Any notice or other communication ("Notice ") required or permitted under this EULA shall be in writing and either delivered personally or sent by electronic mail, facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by electronic mail or facsimile shall be deemed given when transmitted, provided that the sender obtains written confirmation from the recipient that the transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty -four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time period in this EULA commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Intergraph's address for Notices is Intergraph Corporation, 170 Graphics Drive, Madison, Alabama 35758, Attn: Legal Department, 256- 730 -2333. 13.6 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this EULA without the prior written consent of the other party, except that Intergraph may assign its rights and obligations under this EULA, without your approval, to (i) an entity which acquires all or substantially all of the assets of Intergraph or the Intergraph division providing a product or service subject to this EULA; (ii) an entity which acquires all or substantially all of the product or product line assets subject to this EULA; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Intergraph. Any attempt by you to sublicense, assign or transfer the license or the SOFTWARE PRODUCT, except as expressly provided in this EULA, is void and immediately terminates the license, 13.7 Other Intergraph software products. If you have or use other Intergraph software products, please read this EULA and all other terms and conditions carefully, as there may be differences in the terms and conditions. 13.8 Limited Relationship. The relationship between you and Intergraph is that of independent contractors and neither you nor your agents shall have any authority to bind Intergraph. 13.9 Governing Law; Venue and Jurisdiction. This EULA shall for all purposes be construed and enforced under and in accordance with the Laws of the State of Alabama and shall have been deemed to have been accepted in Madison, Alabama, United States. You and Intergraph agree that any legal action or proceeding arising, directly or indirectly, out of or relating to this EULA shall be instituted in the Circuit Court for Madison County, Alabama, United States or the United States District Court for the Northern District of Alabama, Northeastern Division. You and Intergraph agree to submit to the jurisdiction of and agree that venue is proper in these courts for any such legal action or proceedings. This EULA shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 13.10 WAIVER OF JURY TRIAL. INTERGRAPH AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS EULA. BOTH INTERGRAPH AND YOU (I) CERTIFY THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE THAT BOTH INTERGRAPH AND YOU HAVE BEEN Page 20 of 22 —280— I INDUCED TO ENTER INTO THIS EULA BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL. 13.11 injunctive Relief; Cumulative Remedies. You acknowledge and agree that a breach of this EULA by you could cause irreparable harm to Intergraph for which monetary damages may be difficult to ascertain or may be an inadequate remedy. You agree that Intergraph will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of this EULA by you, and you expressly waive any objection that Intergraph has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this EULA are cumulative and concurrent and may be pursued separately, successively or together. 13.12 Attorneys' Fees and Costs. In the event of any legal proceeding arising out of or relating to this EULA, the prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs for all such legal proceedings, including for trial and all levels of appeal. 13,13 Governing Language. The controlling language of this EULA is English. If you received a translation of this EULA into another language, it has been provided for your convenience only. 13.14 USE OUTSIDE THE UNITED STATES. If you are located outside the United States, then the provisions of this section shall also apply: (i) Les parties en presence confirment leur volonte que cette convention de meme que taus les documents y compris tout avis qui s'y rattachent, soient rediges en langue anglaise (Translation: "The parties confirm that this agreement and all related documentation is and will be in the English language. "); and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the SOFTWARE PRODUCT, and you represent that you have complied with any and all regulations or registration procedures required by applicable law to make this EULA fully enforceable. 13.15 Survival. The provisions of this EULA which require or contemplate performance after the expiration or termination of this EULA shall be enforceable notwithstanding said expiration or termination. 14. ADDITIONAL TERMS FOR SPECIFIC SOFTWARE PRODUCTS. 14.1 GeoMedia Software — Additional Terms. The software license specifically for GeoMedia Viewer permits copies to be stored on hard disk and loaded for execution on one or more workstations. The GeoMedia Viewer software may be freely copied, transferred and loaned both inside and outside your company. 14.2 Beta Software - Additional Terms. If the SOFTWARE PRODUCT you received with this EULA is pre - commercial release or beta software ( "Beta Software "), then the following additional terms apply. To the extent that any provision in this section is in conflict with any other terms or conditions in this EULA, this section shall supersede such other terms and conditions with respect to the Beta Software, but only to the extent necessary to resolve the conflict. You shall hold all information concerning Beta Software and your use and evaluation of such information and the Beta Software (collectively, "Beta Software Information ") in confidence and with the same degree of care you use to keep your own similar information confidential, but in no event shall you use less than a reasonable degree of care; and you shall not, without the prior written consent of Intergraph, disclose such Beta Software Information to any person or entity for any reason at any time; provided, however, it is understood that you may disclose any Beta Software Information to those of your representatives who actually need such information for the purpose of participating in the proposed evaluation and testing ( "Beta Testing ") of the Beta Software, on the condition that, prior to such disclosure, such representative has been made aware of the terms of this EULA. You shall not use any Beta Software Information for any reason or purpose other than as necessary for Beta Testing. You agree to make no other use of the Beta Software Information or to incorporate any Beta Software information into any work or product. You acknowledge that the Beta Software is a pre - release, beta version, does not represent final product from Intergraph, and may contain bugs, errors and other problems that could cause system or other failures and data loss. THE BETA SOFTWARE IS PROVIDED TO YOU "AS -IS ", AND INTERGRAPH DISCLAIMS ALL WARRANTY AND LIABILITY OBLIGATIONS TO YOU OF ANY KIND. You may use the Beta Software only for evaluation and testing and not for general production use. You acknowledge that Intergraph has not promised or guaranteed to you that Beta Software or any portion thereof will be announced or made available to anyone in the future, Intergraph Page 21 of 22 —281— has no express or implied obligation to you to announce or introduce the Beta Software and that Intergraph may not introduce a product similar to or compatible with the Beta Software. Accordingly, you acknowledge that any research or development that you perform regarding the Beta Software or any product associated with the Beta Software is done entirely at your own risk. During the term of this EULA, if requested by Intergraph, you will provide feedback to Intergraph regarding Beta Testing, including error or bug reports. Upon receipt of a later unreleased version of Beta Software or release by Intergraph of a publicly released commercial version of the SOFTWARE PRODUCT, you agree to return or permanently destroy all earlier Beta Software received from Intergraph. You agree that you will return or destroy all unreleased versions of the Beta Software within thirty (30) days of the completion of Beta Testing when such date is earlier than the date for Intergraph's first commercial shipment of the publicly released commercial software. 14.3 Evaluation Software - Additional Terms. If the SOFTWARE PRODUCT you have received with this EULA is provided specifically for evaluation purposes ( "Evaluation Software "), then the following section applies until such time that you purchase a license of the full retail version of the SOFTWARE PRODUCT. To the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section shall supersede such other terms and conditions with respect to the Evaluation Software, but only to the extent necessary to resolve the conflict. You may use the Evaluation Software only for evaluation and testing and not for general production use. You acknowledge that the Evaluation Software may contain limited functionality and/or may function for a limited period of time. Intergraph is licensing the Evaluation Software on an "AS -IS" basis, solely for your evaluation to assist in your purchase decision. If the Evaluation Software is a timeout version, then the program will terminate operation after a designated period of time following installation (the "Time Out Date "). Upon such Time Out Date, the Evaluation Software license will cease operation and you will not be able to use the SOFTWARE PRODUCT, unless you purchase a license for a full retail version of the SOFTWARE PRODUCT. You acknowledge that such Evaluation Software shall cease operation upon the Time Out Date and accordingly, access to any files or output created with such Evaluation Software or any product associated with the Evaluation Software is done entirely at your own risk. 14.4 Educational Software Product — Additional Terms. If the SOFTWARE PRODUCT you have received with this EULA is Educational Software Product (where either an education price is paid for the SOFTWARE PRODUCT, or the SOFTWARE PRODUCT is received by virtue of your participation in an Intergraph program designed for educational or research institutions, or is received through an education grant from Intergraph), you are not entitled to use the SOFTWARE PRODUCT unless you qualify in your jurisdiction as an Educational End User. You may use the Educational Software Product only for educational and research purposes. Commercial and general production use of Educational Software Products is specifically prohibited. Additional terms and conditions, as well as the definition of an Educational End User, are detailed in Intergraph's Education Policy which is available from Intergraph upon request. Page 22 of 22 —282— Intergraph Confidential and Proprietary Information lunoos!Q uloisAS milli, aup Ellin -� t 1 r to eti ▪ 0 o • 9 cra W � 00 N � i7X.L s ?n[i0D-I1 25 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/6/2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826 -3932 CAPTION: Acceptance of grant from the Coastal Bend Regional Advisory Council in the amount of $21,133.93 to support the delivery of emergency medical services. A. Resolution authorizing the City Manager, or designee, to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $21,133.93 to be used for the purchase of equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. B. Ordinance appropriating $21,133.93 from the Coastal Bend Regional Advisory Council into the 1056 ambulance grant fund to purchase equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a. grant in the amount of $21,133.93. This is a direct grant for the benefit of the City's EMS operations. EMS will purchase medical supplies and equipment needing replacement. No application was required. This is the twelfth year that the Regional Advisory Council has distributed similar grants. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. Every Emergency Medical Services agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. —287— ALTERNATIVES: If we don't accept grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution and Ordinance to accept and appropriate grant funds. EMERGENCY / NON-EMERGENCY: Staff is requesting a non- emergency reading to this routine, non- controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $21,133.93 $21,133.93 BALANCE $21,133.93 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution and Ordinance Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager -288- Resolution authorizing the City Manager, or designee, to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $21,133.93 to be used for the purchase of equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $21,133.93 to be used for the purchase of equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Section 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Coastal Bend Regional Advisory Council. ATTEST: Armando Chapa City Secretary Approved as to form: March 6, 2012 By: T. Tri'sifa Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ordinance appropriating $21,133.93 from the Coastal Bend Regional Advisory Council into the No. 1056 ambulance grant fund to purchase equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $21,133.93 is appropriated from the Coastal Bend Regional Advisory Council into the No. 1056 ambulance grant fund to purchase equipment . and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Page 2 of 2 Corpus Christi, Texas Day of , 2092 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORb- appropGrant- SrComp- 2O12,doc —292— 26 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director `77171' MichaelMo @cctexas.corn 361 -826 -3464 Appropriate Senior Companion Program (SCP) State grant award for 2012. CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $5,381 grant awarded by the Corporation for National and Community Service for Senior Companion Program (SCP). B. Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program (SCP); and declaring an emergency. BACKGROUND AND FINDINGS: The Senior Companion Program provides assistance to adults with physical, emotional, or mental health limitations, most of whom are elderly. These clients have difficulties with daily living tasks and Senior Companions help them retain their dignity and independence. Senior Companions serve from 15 to 40 hours a week and receive a stipend of $2.65 an hour. They must be 55 or older and meet established income eligibility guidelines. in addition to the stipend, they receive accident, personal liability, and excess automobile insurance coverage; assistance with the cost of transportation; and as feasible, meals during their assignments. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping, and or minor housekeeping chores. They also provide critical respite care service of hospice support for family caregivers. The amount of $5,381 is the exact amount granted from the previous grant period. This award is the state portion supplementing the national grant, no match is required. ALTERNATIVES: Do not accept grant and discontinue SCP program. OTHER CONSIDERATIONS: General Fund Match budgeted for FY12. CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. -295- EMERGENCY 1NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Accounting; Budgeting FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item amount 275,007 275,007 General Fund match 76,903 76,903 This item 5,381 5,381 BALANCE 357,291 357,291 Fund(s): Parks and Recreation Grants Fund 1067 Comments: RECOMMENDATION: Staff recommends approval of acceptance of grant award. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award; Resolution; Ordinance Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Notice of Grant Award Senior Companion Program Grantee For Official Use Only Corporation for National and Com muntty Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 X000 74 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Award Information Agreernent No.: IISZWTX007 Amendment No.: 0 CFDA No.: 94.016 Award Description Project Period: Budget Period: 09/0112011- 08/31/2013 09101/2011- 08/31/2012 Provide TDADS funding. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. Funding Information Current Year Previously Tile Award! Total Current Awarded Amendment Year This Year Total Obligated by CNCS Grantee's Unobligated Balance (Canyover) Total Available Sul $5,381 $5,381 $0 10 80 $0 $5,381 $5,381 Cumulative Funding for Project Period Total Awarded in Previous Tears $0 Total CNCS Funds Awarded to Date $5,381 Funding Source and Amount 2011-- OPE1 -Q52- COO -61413 -4101 $5,381.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 8/2/11. The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2011 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https:/ legrants. cns. gov/ iermsandconditions/ FGPSCPTandC _Revised20101001.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Page 1 For Official Use Only -297- For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi E1N 746000574 12f1 r eopacd.Pn Bra 9277 Corpus Christi TX 78469 -9277 Corporation for National and Community Service; Lennette B. White Program Official Lennette B. White, 215 -964 -6309 Grants Official LeRoy Minor, (51 2) 916 -5671 Name (typed) Senior Grants Officer Title Paget For Official Use Only -298- Page 1 of 2 Resolution authorizing the City Manager or designee to execute all documents to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: February * *, 2012 Lisa Aguil Assistant City Attorney For City Attorney RES- authGrant- SrCompanion2012.doa -299- Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott RES- authGrant- SrCompanian2012.doc —300— Page 2 of 2 Page 1 of 2 Ordinance appropriating a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP); and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule 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 March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February P7 , 2012 Lisa Agui) Assistant ty Attorney For City Attorney ORD- appropGranf- SrComp- 2O12.doc -301- Page 2 of 2 Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORD- appropGrant- SrComp -20 12.doc —302— 27 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation WO/ MichaelMo@cctexas.com 361 -826 -3464 Texans Feeding Texans Grant Award for the Home Delivered Meal Program. CAPTION: A. Resolution authorizing the City Manager or designee to accept a $117,301.38 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2012 Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $117,301.38 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texas Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well- balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution to authorize the City of Corpus Christi's application for FY 2012 funding. The City of Corpus Christi's grant allocation was to be determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County. Last year's funding for this grant was $64,697.68. The Texans Feeding Texans Program allows for additional meal units for FY 12 and supports two staff positions dedicated to the Home Delivered Meal Program. ALTERNATIVES: Do not accept the grant. OTHER CONSIDERATIONS: N/A -305- N/A EMERGENCY/ NON-EMERGENCY: Emergency DEPARTMENTAL_ CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $117,301.38 $117,301.38 BALANCE $117,301.38 $117,301.38 Fund(s): Comments: RECOMMENDATION: Approval as submitted LIST OF SUPPORTING DOCUMENTS: Resolution, Ordinance, Award document Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES COMMISSIONER December 21, 2011 Elsa Munoz Superintendent City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Re: Texans Feeding Texans: Home - Delivered Meal Grant Program Agreement Application No. HDM -12 -895 Dear Elsa: The Texas Department of Agriculture (TDA) is pleased to inform you that your 2011 application to the Texans Feeding Texans: Home - Delivered. Meal Grant Program has been conditionally approved and that we are able to offer City of Corpus Christi, serving meals in Nueces County, a grant of $117,301.38. Acceptance of this grant will be conditional on your completion and return of the enclosed Grant Agreement ( "Agreement "). Carefully review the Agreement to determine whether your agency can meet the conditions. The Agreement includes a budget form that must be completed and returned as well. The budget should indicate how the organization intends to expend the 2012 grant funds. While we urge you to represent your budget as accurately as possible, there are mechanisms described in the agreement, Section IX, 9.5, to revise the budget during the grant year, if necessary. Grant funds must be used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability. Grant funds may not be used for the purchase of capital assets. This would include any equipment valued at $5,000 or more. In order for TDA to monitor the expenditure of grant funds, you will be required to provide Quarterly Grant Spending Reports. It is important to know that the Quarterly Reports will require you to detail how TDA grant funds are spent. Some organizations have chosen to keep separate accounts or fund records to simplify this reporting. Please sign and return the Agreement and attachments to our office by January 13, 2012. A copy of the fully executed Agreement will then be returned to you for your records. 11 TDA does not receive your signed Agreement by January 13, 2012, your grant will be forfeited. P.O. Box 12847 Austin, Texas 78711 (512) 463 -7476 Fax: (888) 223-8861 www.TcxasAgriculture.gov —307- The Agreement should be returned to one of the following addresses: Physical Address: Texas Department of Agriculture Home - Delivered Meal Grant Program 1700 N. Congress Avenue Austin, Texas 78701 Mailing Address: Texas Department of Agriculture Home - Delivered Meal Grant Program P. 0. Box 12847 Austin, Texas 78711 We look forward to working with you throughout the next year and assisting you in the generous and important work you do for your community. If you have any questions about the Txans Feeding Texans: Home - Delivered Meal Grant Program, or ifTDA can be of assistance to you, please contact Ms. Lindsay Dickens, Grants Specialist, at (512) 463 -6695 or at Lindsay .Dickenns(cr7TexasAgricuiture. gov. Sincere! .,7Z2/ Karen L, Reichek Grants Coordinator KR/LD/ld Enclosure GRANT AGREEMENT Texas Department of Agriculture Home - Delivered Meal Grant Program I. RECITALS 1.1 WHEREAS, Grantor has established the Home - Delivered Meal Grant Program ( "Program ") to distribute grant funds to eligible organizations that provide home - delivered meals to Homebound persons who are Elderly and/or have a Disability; and 1.2 WHEREAS, Grantee has applied for a grant from the Program and has met ail requirements for receiving the Grant. 1.3 NOW, THEREFORE, In consideration of the mutual promises and consideration contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: It. DEFINITIONS 2.1 "Agreement" means this Grant Agreement and all attachments hereto. 2.2 "Department" means the Texas Department of Agriculture. 2.3 "Disability" means a physical, mental or developmental impairment, temporarily or permanently limiting an individual's capacity.to adequately perform one or more essential actMtles of daily . living, which include, but are not limited to, personal and health care, moving around, communicating, and housekeeping. 2.4 "Elderly" means an individual who is 60 years of age or older. 2.5 "Grant" means the funds awarded to Grantee by Grantor,:subject to the requirements of this Agreement, Texas Administrative Code Title 4, Part 1, Sections 1.950 et seq. and other Program requirements, in the amount of $117,301.38 to be used In Nueces County. 2.6 "Grantee" means City of Corpus Christi, P.O. Box 9277, Corpus Christi, TX 78469, 2.7 "Grantor" means the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. 2.8 "Grant Coordinator" means Grantor's representative responsible for coordinating the Program. 2.9 "Homebound" means a person who is unable to leave his or her residence without ald or assistance or whose ability to travel from his or her residence is substantially impaired. 2.10 "Program" means Grantor's Home - Delivered Meal Grant Program. 2.11 "Term of Agreement" Is February 1, 2012 through January 31, 2013. III. GRANTOR AND GRANTEE OBLIGATIONS 3.1 Award by Grantor. Subject to the provisions of this Agreement and Texas Administrative Code Title 4, Part 1, Sections 1.950 et seq., Grantor hereby awards to Grantee the Grant, which Grantee shall use only to supplement and extend existing services related directly to the delivery of meals to Homebound persons that are Elderly and/or have a Disability. The Department shall make a grant award not later than February 1 of each calendar year to each Grantee. Fifty percent (50 %) of such grant awarded shall be allocated and distributed to each Grantee on or before February 1 of each calendar year. The remaining fifty percent (50 %) of such grant award shall be allocated and distributed to each Grantee on or before August 1 of each calendar year. Notwithstanding any other provision of this subchapter, the Department may Page 1 of 7 APPLICANT NO. HDM-12 -895 -309- deny, revoke, suspend, or withhold a grant award for misuse of grant funds, or failure to comply with any requirement or section of subchapter O, including, without limitation, Texas Administrative Code Title 4, Part 1', Sections 1.950 at seq. 3.2 Performance by Grantee. Grantee shall use Grant in accordance with the terms of this Agreement and Texas Administrative Code Title 4, Part 1, Sections 1.950 et seq. 3.3 Grantee's Menu and Substitution Procedure. Grantee shall have all menus and meal substitution procedures approved by a registered dietician or a person with a baccalaureate degree that majored in food and nutrition, dietetics, or food service management, who is currently employed by a home - delivered meal organization on an annual basis. Grantee shall maintain documentation of such approval. 3.4 Grantee Meal Delivery and Temperature Standards and Procedures. Grantee shall maintain policies to ensure compliance with meal temperature standards and the Program's four -hour delivery requirement at each meal preparation location. Grantee shall also maintain records demonstrating compliance with Grantee's policies. If Grantee does not comply with meal temperature standards and the four -hour delivery requirement due to exceptional circumstances the Grantee should seek written waiver from Grantor as soon as practicable following the occurrence of the exceptional event or circumstances. If Grantee fails to comply with the Program's four -hour delivery requirement, Grantee will be required to implement corrective action, as determined by TDA, prior to applying for future funds. 3.5 Food Establishment Permits. Simultaneously with execution of this Agreement, Grantee must provide Grantor with a copy of its food establishment permit by August 31 of the grant year, as issued by the applicable governmental permitting authority, whether that authority is a municipality, county, public health district, or the Texas Department of State Health Services ("DSHS "). 3.6 Exempt Grantee. If a grantee claims exemption from the requirement to obtain a food establishment permit, the grantee must provide all necessary documentation to establish entitlement to such exemption, in a form satisfactory to Grantor. Pursuant to 25 TAC §229.372(c) (relating to DSHS permit requirements), only a nonprofit organization is exempt from payrnent of a permit fee. A "nonprofit organization" is as a civic or fraternal organization, charity, lodge, association, proprietorship or corporation possessing a 501(c) exemption under the Internal Revenue Code; or a religious organization meeting the definition of "church" as defined by the Internal Revenue Service. 3.7 Inspection of Exempt Grantees. If Grantor, in its sole discretion, determines that Grantee is exempt from the requirement to obtain a food establishment permit, Grantee must provide a current inspection report from a kitchen sanitation expert who is approved by the department, that reflects Grantee is in full compliance with the Texas Food Establishment Rules ( "TFER ") promulgated by DSHS. Such inspection report must have been issued and signed by the kitchen sanitation expert within the 12 month period preceding the date of the award of the Program Grant. 3.8 Failure to Obtain a Food Establishment Permit or Comply with TFER, If it Is determined that Grantee failed to obtain a required food establishment permit, or that Grantee failed to comply with TFER, Grantor, at its sole discretion, may exercise the remedies set forth in sections 6.1 and 7.1 of this Agreement, including, without limitation, termination of the Agreement and taking legal action to obtain full reimbursement of the Grant. IV. GRANTEE'S REPORTING REQUIREMENTS 4.1 Budget. Grantee shall provide a detailed budget for the year, attached hereto as "Attachment A ", not to exceed $117,301.38 for the Term of the Agreement, signed by the Grantee, using the budget categories by which Grantee shall be submitting Quarterly Report information. Page 2 of 7 APPLICANT NO. HDM -12 -895 -310- 4.2 Quarterly Report. Grantee shall provide to Grantor a quarterly report in a format prescribed by Grantor. The report must track the expenditure of Grant funds in sufficient detail to assure compliance with Program rules. Report due dates are as follows: • June 1, 2012 for the period February 1, 2012 -- April 30, 2012. • September 1, 2012 for the period May 1, 2012 — July 31, 2012, • December 1, 2012 for the period August 1, 2012 -- October 31, 2012. • March 1, 2013 for the period November 1, 2012 — January 31, 2013. 4.3 Failure to Comply with Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in the withholding or revocation of a Grant, the refund of Grant funds disbursed, and/or Grantee's ineligibility for future Program funds. 4.4 Notice of Failure to Receive County Grant. Grantee shall promptly notify the Department of any failure to receive or reduction in the amount of the county grant funds required by Texas Administrative Code Title 4, Part 1, Section 1.953 as reported by Grantee in its application for funds under this Program. Failure of Grantee to receive, or reduction iri the amount of county grant funds may result in the withholding or revocation of a Grant or require Grantee to refund Grant funds disbursed. 4.5 Eligible Meals. The Grant is based on the number of Eligible Meals served by City of Corpus Christi. Eligible Meals are calculated by subtracting the meals funded by the Texas Department of Aging and Disabilities and /or Area Agency on Aging, 124,971, from the total number of meals as delivered by City of Corpus Christi in Nueces County between September 1, 2010 and August 31, 2011, 184,643. The Grant was calculated on the remaining number, or 59,672 meals, For purposes of this Grant, any meals that are not Eligible Meals are classified as Ineligible Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on Ineligible Meals, Grantee will be required to reimburse Grantor the amount of the excess Grant funds received, on terms and conditions as may be set by Grantor. V. RECORDKEEPING, ACCESS, INSPECTIONS, AUDITS AND INVESTIGATIONS 5.1 Access by Grantor and State Auditor's Office. During the Term of Agreement and for at least three years after termination of the Agreement, Grantee shall allow Grantor and /or the State Auditor's Office access to and the right to examine the premises, books, accounts, records, files and other papers or property belonging to or in use by Grantee and pertaining to this Agreement or the use of funds pursuant to thls Agreement, in order to ascertain complete compliance with the provisions of this Agreement and with Program guidelines. Such records shall be maintained by Grantee at a location that is readily accessible to Grantor and/or the State Auditor's Office. Grantor further has the right to make a visual inspection of any assets purchased with Grant funds. 5.2 Audits or Investigations by State Auditor's Office. Grantee understands that acceptance of Grant funds under this Agreement acts as acceptance of the authority of the Department, the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with such funds. Grantee further agrees to cooperate fully with the Department and the State Auditor's Office, or their successors, in the conduct of any audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit the funds received by Grantee is included in any subcontract it awards. 5.3 Disallowance of Grant Funds. Grantee understands and agrees that Grantee shall be liable to the Department for any costs disallowed as a result of any audit, investigation or review, Vi. USE OF GRANT FUNDS 6.1 Allowable Expenditures. Allowable expenditures include, but are not limited to, food costs and related preparation and packaging expenses, gasoline, costs for obtaining any required food establishment permit from the applicable governmental entity or permitting authority, costs for obtaining an inspection report from a kitchen food sanitation expert, if applicable, and other operational costs, but shall not be used for the purchase of capital assets. Grant funds shall not Page3of7 APPLICANT NO. HDM -12 -895 -311- be used for expenditures that are not made in compliance with any applicable State purchasing laws and regulations. Grantee shall not, under any circumstances, use grant funds for alcoholic beverages, entertainment or charitable or political contributions. If requested by Grantor, Grantee must be able to produce proof of payment (stamped paid invoices or receipts) of all allowable expenditures. 6.2 Misuse of Grant Funds. Grantor may require a full' or partial refund of the Grant if: (a) Grant funds are misused, (b) Grants funds are used for Ineligible Meals; (c) Grant funds are used in an illegal manner, (d) Grant funds are used for non - allowable expenses, (e) Grantee violates the terms and conditions of this Agreement, or (f) Grantee made any misrepresentations to Grantor in obtaining this Grant. This provision is not exclusive of other grounds for withholding or recouping of funds or any other remedy, civil or criminal, which may be available to Grantor. 6.3 No Duplication of Services. Grant funds shall not be used to duplicate services provided to Grantee's clients. Grantee shall have a system In place to prevent the duplication of services to Grantee's clients_ 6.4 . Availability of State Funds. This Agreement is subject to the availability of state funds. If such funds become unavailable during the Term of Agreement and Grantor is unable to obtain sufficient funds, this Agreement shall be reduced or terminated. ViI. TERM AND TERMINATION OF THE AGREEMENT 7.1 Term and Termination. Either party may terminate this Agreement before the end of the Term . of Agreement, without cause; by delivering a written notice of termination to the other party. Early termination of this Agreement shall not relieve Grantee from the reporting requirements contained in sections IV, V, and VI of this Agreement, 7.2 No Reimbursement Upon Termination. In the event of termination of this Agreement, Grantor shall make no further disbursement of Grant funds to Grantee beyond those already approved at the time of termination, and Grantee specifically waives all rights to any such funds. VIII. USE AND DISPOSITION OF PROPERTY 8.1 Use of Property. During the Term of Agreement, any property acquired with Grant funds shall be used in accordance with this Agreement, to accomplish the purposes of the Program. 8.2 Records of Property. Grantee shall maintain appropriate records of goods or property purchased with Grant funds and shall develop a control system to ensure adequate safeguards to . prevent loss, damage, or theft of such goods or property. • IX. AGREEMENT MODIFICATIONS 9.1 Amending Agreement. Except as provided in paragraph 9.6 below, this Agreement embodies the entire agreement between the parties, and there are no covenants, agreements, representations, warranties or restrictions between the parties other than those specifically set forth herein. Except as provided in paragraph 9.2 below, no modification or amendment to this Agreement is valid unless in writing and signed by the parties. 9.2 Notification of Change in Grantee's Address. Grantee must notify Grantor in writing within 30 days if Grantee's address changes during the Term of Agreement. Failure to submit required notice may be grounds for termination of this Agreement. • 9.3 Grantor Request for Amendment. Grantor may amend this Agreement by submitting the requested change to Grantee's Agent in writing. Continued performance hereunder shall be deemed acceptance of such Amendment by Grantee. 9.4 Grantee Request for Amendment. Grantee may request an amendment to the Agreement by submitting the requested change, in writing, to the Grant Coordinator. All requests for an Page 4 of 7 APPLICANT NO. HDM-12-895 -312- amendment to the Agreement must include a summary of Grantee's home - delivered meal services and a statement explaining the need for the change. 9.5 Budgetary Revisions. The Grantee may make a one time budget revision (not affecting the overall budget amount) without prior approval, during the program year, so long as the revision does not require an increase or decrease In any budget line item over 1 0% of the item's approved budget. Ali other budget revisions will require prior approval. The grantee shall request prior approval for a budget change by submitting a statement explaining the need for the change, specifying the amount, and identifying the expenditure categories affected by the change. 9.6 Changes Become Part of Agreement. Changes approved In accordance with this section IX become a part of this Agreement, superseding all inconsistent provisions. X. GENERAL TERMS AND CONDITIONS 10.1 Delegation to Third - Party. Grantee is not relieved of its duties and obligations imposed by this Agreement through delegation by Grantee to a third - party. 10.2 Agreement Binding. This Agreement shall be binding on and inure to the benefit of the parties and their officers, administrators, legal representatives, and successors except as otherwise expressly provided herein. Neither party may assign or transfer this Agreement without the written consent of the other party. The parties intend to be legally bound and have executed this Agreement as evidenced by their signatures on the date Indicated below. This Agreement is not effective unless and until it has been signed by both parties. 10.3 No Creation of Debt. This Agreement shall not be construed as creating any debt on behalf of the State of Texas, and/or Grantor in violation of Section 49 Article III of the Texas Constitution. In compliance with Section 6 Article VIII of the Texas Constitution, all obligations of the State of Texas or Grantor hereunder are subject to the availability of appropriations and authorization to pay by the Texas Legislature_ 10.4 Delivery Methods. Unless specifically provided herein, any notice, tender, or delivery to be given hereunder by any party to another party must be affected by personal delivery in writing or by mailing the same by registered or certified mail, return receipt requested. All notices shall be • addressed to the parties at the address stated in the Agreement unless a change of address has been given in the manner provided for in this paragraph. 10.5 Authorized Representative. Each person signing expressly represents that he or she is duly authorized to do so and to bind the party on whose behalf they are signing. All legal documents prepared for Grantee's signature must be executed by an individual with the authority to legally bind Grantee. 10.6 Indemnification. Grantee shall indemnify -and- hold - harmless- Grantor, its agents and employees, from any and all claims, demands, and causes of action arising from or related to Grantee's performance under this Agreement, including reasonable attorneys' fees incurred in defending or settling any such claims. 10.7 No Employer Relationship. Grantee and Grantee's employees and agents have no employer - employee relationship with Grantor. 10.8 Representations and Warranties of Grantor and Grantee. Grantor and Grantee each represent and warrant that it has full right and authority to enter into this Agreement and to grant the other party the rights set forth in this Agreement and that all necessary approvals have been obtained. Each party represents and warrants that it is in good standing in all jurisdictions in which it is required to be so qualified for performance of this Agreement, and all necessary certifications, registrations, approvals and licenses have been obtained, and all necessary fees paid. Page5of7 APPLICANT NO. FIDM -12 -895 —313— 10.9 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. If any legal action Is necessary to enforce this Agreement, or for any dispute arising out of the operations or actions contemplated herein, exclusive venue shall he in the District Courts of Travis County, Texas. 10.10 Headings. Captions and headings of the sections or paragraphs of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of this Agreement, nor shall they be employed to interpret or aid in the construction of this Agreement. 10.11 Severability. If any part of this Agreement Is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining part shall remain in full force and effect, and the parties shall promptly negotiate to replace invalid or unenforceable portions that are essential parts of this Agreement. 10.12 Waiver. A waiver by Grantor of any provision hereunder shall not operate as a waiver of any other provision, or continuing waiver of the same provision in the future. 10.13 Construction of Agreement. Both parties hereby agree that they participated in the creation of this Agreement, and the terms hereof are a product of the negotiation between the parties. in the event there is a dispute regarding the meaning of any provision of this Agreement, no provision shall be construed in favor of or against any party's position on the grounds that said Party was the drafter of this Agreement. 10.14 Exhibits. The following instruments are incorporated into this Agreement as attachments: Attachment A — Grant Budget Attachment B — W-9 Form 10.15 Uniform Grant Management Standards (UGMS). in accordance with Texas Government Code §783.007, this Agreement shall comply in all respects with the Uniform Grant Management Standards (UGMS). In the case of any conflicts between UGMS and this Agreement, the UGMS shall control. XI. TEXAS PUBLIC INFORMATION ACT NOTICE 11.1 ALL INFORMATION PROVIDED BY GRANTEE PURSUANT TO THIS AGREEMENT IS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT, TEX. GOV'T CODE. CHAPTER 552, AND MAY BE SUBJECT TO DISCLOSURE TO THE PUBLIC. By their signatures below, the parties do hereby agree to the terms of this Agreement. Texas Department of Agriculture P.O. Box 12847 Austin, Texas 78711 By: Date: Drew DeBerry Deputy Commissioner • City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 By: 464,44 chael Morris Director Date: 1 he)//2, Page 6 of 7 -314- Approved as to torm: I.. 1 ?o I L Lis Aa guitar Assistant City Attorney For City Attorney APPLICANT NO. HDM -112 -895 ATTACHMENT A HOME DELIVERED MEAL GRANT BUDGET Name of grantee: City of Corpus Christi TDA Application No.: HDM -12 -895 County in which meals are provided: Nueces Total grant amount: $117,301.38 COMPLETE THE TABLE BELOW. Please estimate, to the best of your ability, how TDA Grant funds will be expended for your organization during the grant period. Expenditure Category Estimated Amount Personnel $66,449.18 Food /Meals $50, 85212 Equipment Building Occupancy Transportation • Office Supplies and Services Other: Please specify exactly a, b, c. d. Total Grant Amount $117,301.38 During the Grant Year, Grantee must demonstrate that TDA grant funds were used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability. By signing, I certify that the information entered on this form is true and correct to the best of my knowledge. Signature: 127.4a-a4 Date: t dVi2 Page 7 of 7APPLICANT NO. I -DM -12 -895 Page 1 of 2 Resolution authorizing the City Manager or designee to accept a $117,301.38 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2012 Senior Community Services, Elderly Nutrition Program Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to accept a $117,301.38 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2012 Senior Community Services, Elderly Nutrition Program. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: February ..., 2012 Lisa Agui Assistantty Attorney For City Attorney Res- authGrant -sr. Comm- TexansFeedingTexans- 2012.docx -316- Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Res- authGrant -Sr. Cornrn- TexansFeedingTexans- 2012.docx —317— Page 2 of 2 Page 1 of 2 Ordinance appropriating a $117,301.38 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $117,301.38 grant from the Texas Department of Agriculture Texans Feeding Texans Program is appropriated in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule 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 March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February 9— 2012 Lisa Agu Assistant City Attorney For City Attorney ORD- appropGrant- SrCommServ- TexansfeedingTexans- 2012.doc _318— Page 2 of 2 Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORD- appropGrant- SrCommSery - TexansfeedingTexans- 2012.doc _31 9 _ 28 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3464 2012 Buc Days event CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2012 Buccaneer Days Festival and related activities to allow use of city property bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking Tots during April 23, 2012 through May 8, 2012; use of parking lot north of former Memorial Coliseum site from April 12, 2012 through April 16, 2012; and also including use of McGee Beach for fireworks launch on April 27, 2012; and provide for Commission paying 50% police overtime, and 100% of all other city costs and fees; and declaring an emergency. BACKGROUND AND FINDINGS: Council is requested to approve the date, location, admission fees and consideration for the 2012 Buccaneer Days Festival and related activities. City Council approved the 2009, 2010 and 2011 Buccaneer Days Festival lease agreement for the annual festival and related activities. ALTERNATIVES: Do not approve event agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements and fees charged in conjunction with public events. EMERGENCY 1 NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) - Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item BALANCE Fund(s): Comments: none RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Event Agreement Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2012 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking Tots during April 23, 2012 through May 8, 2012; use of parking lot north of former Memorial Coliseum site from April 12, 2012 through April 16, 2012; and also including use of McGee Beach for fireworks launch on April 27, 2012; and provide for Commission paying 50% police overtime, and 100% of all other city costs and fees; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2012 Buccaneer Days Festival and related activities. A copy of the Agreement is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February.28, 2012 By: Lisa Aguilar, istant City Attorney for City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott BUC DAYS SHORT TERM 2012 LEASE AGREEMENT State of Texas § Page 1 of 29 Know Ail By These Presents: County of Nueces § This short term Lease Agreement ( "Lease Agreement ") between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ( "Commission "), a Texas non - profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Commission — means the Buccaneer Commission, Inc., a Texas non - profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ( "Buc Days ") and related activities sponsored by the Commission including carnival a barbeque cook -off along Shoreline Blvd; and parade Events. The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the City's Director of Parks and Recreation or designee. i. Police Chief - means the City's Police Chief or designee. j. Premises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Exhibit A. k. Risk Manager - means the City's Director of Risk Management or designee. I. City Secretary — means the City Secretary or designee 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to exclusive use of the Premises described below, for the -327- Page 2 of 29 periods identified an Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Premises and Permitted Uses. City grants to the Commission the privilege of using City property to conduct its annual Buccaneer Days Festival for the dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Cook Off: Premises are parking lot on the north side of the former Memorial Coliseum location. C. For the Buc Days Festival: City property to be used for the Buc Days Festival includes: Parking lots located north and south of the former Memorial Coliseum site; the grass area located at the former Memorial Coliseum site, and the park bounded by Kinney Street and N. and southbound Shoreline (excluding Sherrill Park. The grass area located at the former Memorial Coliseum site may only be used for tents, and electric drive type of "kiddie" carnival rides, with weight that does not exceed 20,000 pounds per ride. D. If any of the desired Premises include use of the American Bank Arena area ( "Arena Area "), Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. E. For the Buc Days Illuminated Night Parade on Saturday May 5, 2012: Parade begins on Leopard Street at Buc Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south on southbound Shoreline Blvd. to Park Avenue. Breakup area is on southbound Shoreline Blvd. at former Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. Parade route is depicted on attached Exhibit. F. For the Junior Parade on Saturday April 28, 2012: Parade route is depicted on the attached Exhibit. Street closure and parade permits must be obtained as required in Sections 11 and 21 below G. For the Buc Days fireworks event, Commission has requested the use of McGee Beach for fireworks launching, which is subject to grant of a fireworks permit by the Corpus Christi Fire Department. H. Landscaped areas within the Premises or utilized for the Event must be protected by the Commission. I. For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Premises Revisions. Construction along Shoreline may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibits -328- Page 3 of 29 A will be executed by the City Manager and Commission Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. 5. Event Layout Diagram. The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. The Commission must pay City a one -time Special Event Permit fee established under City ordinance. 7. Payment of City Costs. In consideration for the use of City property the Commission will pay the City within 30 days after receipt of City invoice the actual cost incurred for services rendered, including any other City services provided by departments other than Parks & Recreation and Police, less any amount(s) that the Commission has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from the Commission. The written notice must detail the basis for the disputed claim and must be received by Parks Director within twenty (20) calendar days of Commission's receipt of City invoice. Resolution and payment of any disputed amount(s) will be governed by Section 27. The Parks Director will invoice the Commission for the costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean -up, street sweeping, and repair categories. Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include, but are not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. This includes but is not limited to, damages caused by negligent acts or omissions of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. This includes but is not limited to, damages to the utility infrastructure such as water and/ or irrigation lines or related equipment caused by acts of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. If the sod at the Premises is damaged, Commission agrees to either replace the sod with similar product, or to reimburse the City's costs for sod replacement. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within seven (7) days after the Commission has vacated all City property after the end of the Buc Days Festival. Commission will restore all items on the punchlist within ten (10) days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks -329- Page 4 of 29 Director may do so and invoice the Commission for direct costs. Commission shall be responsible to replace any turf damage due to the use for these Events. Commission or its agent must fill and compact all holes in grassy areas made during the Event. Parks Director must approve fill material. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (The Commission will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable City rates for the Police Officers assigned. For the 2012 Event, Commission shall be responsible for 100% of all non- police City Direct Costs, 100% of all City health permit/vendor and related fees, and 50% of police overtime. 4. Costs of any other services requested by Commission's Agent and provided by City are Commission's responsibility. City will provide an itemized bill of Direct Costs, if any, within 30 days after the Event closes. Commission will pay City's Direct Costs, if any, as billed within 30 days after City tenders the invoice to Commission, less any amount(s) the Commission has disputed in accordance with the procedure above. B. Notice of Costs. For planning purposes only, attached as Exhibit D are estimates of the rates and costs for City Services that may be provided for the Event. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Commission representatives and execute an Exhibit describing City Services to be provided for the Event and the cost to be paid to City. Commission shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit D. C. Late Fee. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Premises be reviewed with regard to the areas of set -up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibit A needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will need to be filed with the City Secretary's office. Commission's Agent may request additional meetings. -330- Page 5 of 29 9. Deposit. The Commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880-3461 FAX (361) 880 -3864 if to Commission: Event Manager The Buccaneer Commission, Inc. P.O. Box 30404 Corpus Christi, TX 78463 -0404 (361) 884 -8331 or 882 -3242 FAX (361) 882 -5735 11. Temporary Street Closures (Exhibit C to be attached upon completion of street closure process). The street closure process will govern any necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps. 13. Barricades, Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access 14. Signage and Advertising. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre - approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. -331- Page 6 of 29 16. insurance. Commission's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $t000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least 2 weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Premises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 17. Indemnity. Commission shall indemnify and hold City, its officers, agents and employees (`lndemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and . judgments recovered from or asserted against lndemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors") entering upon City property to set -up and take -down, hold, attend, or participate in the Buccaneer Days Festival and associated activities, with the expressed or implied invitation or permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees or Indemnitors of -332- Page 7 of 29 any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of lndemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of lndemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 19. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 20. Permits. A. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City - County Health Department for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building Inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. Page 8 of 29 B. Fireworks. Commission must apply for a fireworks permit from the Corpus Christi Fireworks Department. If the permit is granted, and prior to the Fireworks launch, Commission shall require its fireworks vendor to execute a Use Privilege Agreement with the City, with terms and conditions including those listed in the attached Exhibit, and other terms that may be reasonably required by the City Manager or designee. C.Music licenses. Commission is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music at the Event. 21. Parade Vendors A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ("Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. Parade vendor permits shall be issued for the period specified in this section only and the fee therefore shall be one hundred dollars ($100.00) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors by the Buc Days Commission. Parade vendor permit fee for Commission Parade Events is $100.00. C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Chapter 38 of the City Code of Ordinances, copy, attached as Exhibit E, as may be amended by the City Council. D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. • F. Commission shall ensure that all food and beverage vendors comply with all requirements of the Corpus Christi - Nueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. -334- Page 9 of 29 G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. 11. Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Christi during Parade Events. The Commission may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. 1 Stationary vending booths at City - approved locations may be placed no earlier than 48 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. L. Commission shall obtain all necessary permits prior to the placement of vending booths at City - approved locations. M. No alcoholic beverages may be sold by a parade vendor. N. Commission shall require all food and beverage parade vendors to dean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. 21.1 Parade Viewing Area Permits For City Property Along Parade Route For Rental to General Public A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (1) Along the Buccaneer Days Lighted Parade route between Coopers Alley and Park Avenue on Shoreline, from the start of the parade until the end of the parade. B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. -335- Page 10 of 29 C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. Ail trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Commission may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Commission may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Commission's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Commission must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non - exclusive use period after the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with Section 7 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. City does not provide electrical service on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. -336- Page 11 of 29 26. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and the Commission agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. 28. Emergency Vehicle Lanes. Commission must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. 29. Assignment. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. My failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set -off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 32. Not Partnership or Joint Venture. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur arty liability, expense, or responsibility for the -337- Page 12 of 29 conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 35. Non - discrimination. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Commission may provide a temporary six -foot (6') chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary and supersede the existing Exhibit. The new Exhibit A becomes effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment, 38. Security. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide, off -site crowd and traffic control for the Event as needed and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. -338- Page 13 of 29 39. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. Ail other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Legal Form Approved —'1')'\P-1,-t1--, , 2012 Lisa Aguilar/ Assistant Ci Attorney For City Attorney THE Btlr6• By: Barry Box Date: , -339- k -env UEWJ • Atti •••130. • ra.. •• • so . 0 -4_0 0, •CSI 1;1.• • 0 • 0 • .., • " . 0 Ate 4V/ &,,L4cit dr. 000 , "mr) > .c b .: '171'....td. . . . . 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Palm pr. c Lily St. -342- 1- Page 16 of 29 EXHIBIT B 2012 Lease Agreement Event Locations, Dates & Summary Buc Days Carnival Scheduled for April 26, 2012 through May 6, 2012 Along Shoreline from parking lot south of former Memorial Coliseum site to park bounded by Kinney Street at Shoreline, excluding Sherill Park. Exclusive use on: April 23, 2012 through May 8, 2012 Buc Days BBQ Cook Off Scheduled for: April 13 -14, 2012 To be located on parking lot north of former Memorial Coliseum site Exclusive Use on: April 12, 2012 through April 16, 2012 Buc Days Fireworks Scheduled for April 27, 2012 To be shot from McGee Beach Exclusive use on: April 27, 2012 Buc Days Pro Rodeo American Bank Center Arena (Commission shall contract directly with third party arena management company for use of American Bank Center Area.) -343- Page 17 of 29 EXHIBIT C - STREET CLOSURE BUC DAYS 2012 EXHIBIT D — ESTIMATED EXPENSES* Park & Recreation (credit account 343697 -1020- 12910): $2,000.00 Police (overtime at 50% of cost) Carnival costs estimate $37,000 in 2012 Solid Waste and Street Services (credit account 30933 - 1020- 12510)(Street) (credit account 344120 - 1020- 12350)(Solid Waste) Storm Water (credit account 36006- 4010- 32010) TOTAL: $14,500.00 $3,500.00 0.00 $1,960.25 $21,960.25 Page 18 of 29 *Commission may or may not use all services estimated on this sheet. There may be additional services requested by Commission which may require a revised estimate. These estimates do not include costs of emergency calls. Actual costs for emergency calls will be billed directly to and paid by Commission. -345- Page 19 of 29 EXHIBIT E PARADE VENDOR REQUIREMENTS Sec. 38 -6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card - required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for -346- Page 20 of 29 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38 -17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -7. Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his -347- Page 21 of 29 determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4 -9 -1985; Ord. No. 21600, § 1, 3 -16 -1993; Ord. No. 025666, § 1, 3- 2 -2004) -348- Page 22 of 29 2012 Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. O. Box 30404 Corpus Christi, Texas 78401 -0401 Dear Mr. Box: In accordance with the Buc Days Short Term2012 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2012 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, Ronald L. Olson City Manager Page 23 of 29 Exhibit F USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Use Privilege Agreement ( "Agreement ") is made this day of , 2012, between the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, and Western Enterprises, Inc. ( "Permittee "), acting through , its duly authorized officer. 1. The City is the owner of the following described real property ( "Property "): McGee Beach. A description of the Property and site map are attached to and incorporated into this agreement as Exhibit 1. 2. The Permittee desires to use McGee Beach for the purpose of staging a fireworks display in conjunction with the 2012 Buc Days. The Permittee has submitted an application to the Corpus Christi Fire Department for a fireworks permit. A listing of products to be fired from the Property is found on the attached and incorporated Permit Application as Exhibit 2. 3. In consideration of applicable City permit fees, payable upon execution of this Agreement, and Permittee's covenants expressed in this Agreement, the City grants Permittee, under the conditions stated in paragraph 4 of this Agreement, the use of the Property, described in Exhibit 1 for the purposes stated in paragraph 2 of this Agreement, starting on and terminating on ; however, such use is conditioned upon Permittee obtaining the proper permit from the Corpus Christi Fire Department. The City Manager is authorized to extend the term of this Use Privilege Agreement in the event the fireworks is cancelled due to weather conditions. 4. Permittee's use of the property is subject to the following conditions: A. This Agreement may be revoked at any time with or without without cause by the City of Corpus Christi's City Manager, or the City Manager's designee ( "City Manager "), giving the Permittee in writing notice of the revocation of this agreement. B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed description of its planned use of the Property, including drawings showing the specific location where the equipment identified in Paragraph 2 will be installed and specifications for the fireworks that will be used, to the City's Fire Marshall and City Manager. Permittee must submit a detailed safety plan for -350- Page 24 of 29 review and approval by the Corpus Christi Fire Marshall, at least 15 business days prior to the fireworks event. D. INDEMNIFICATION. Permittee, its Officers, Members, Partners, Employees, Agents, Contractors and Licensees (hereinafter called " Permittee" for purposes of this subparagraph) shall fully indemnify, save and hold harmless the City. of Corpus Christi, its Officers, Employees, Agents, Licensees, and Invitees ( "Idemnitees ") against: (1) any and all damages, including but not limited to Toss of use, damage to property or injuries to or death of any person or persons (including but not limited to property and officers, employees, agents, licensees and invitees of and (2) any and all claims, demands, suits, actions, liabilities, costs, expenses (including but not limited to reasonable attorney fees, expert witness fees and all associated defense fees), causes of action, or other legal, equitable or administrative proceedings of any kind or nature whatsoever, of or by anyone whomsoever, regardless of the legal theory(ies) upon which premised, including but not limited to contract, tort, express and/or implied warranty, strict liability, and worker's compensation, in any way resulting from, connected with, or arising out of, directly, Permittee's operations or performance, or its use or occupancy of real or personal property pursuant to this Agreement, including actions or omissions of consultants, and acts or omissions of the officers, members, partners, employees, agents, contractors or licensees of Permittee or its consultants; provided however, that Permittee need not indemnify City of Corpus Christi or its officers, employees, agents, licensees, and invitees from damages proximately caused by and apportioned to the sole negligence of City of Corpus Christi officers, employees, agents, licensees and invitees. Insurance coverage requirements specified herein shall in no way lessen or limit the liability of Permittee under the terms of this indemnification obligation. Permittee shall obtain, at its own expense, any additional insurance that it deems necessary for City of Corpus Christi's protection in the performance of this Agreement. This defense and indemnification obligation shall survive the expiration or termination of this Agreement. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in attached Insurance Exhibit which is the attached to and incorporated into this Agreement. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager. Unless the City's Risk Manager is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. F. Any equipment placed by Permittee must be removed by the Permittee and the Property restored to its original condition before this Agreement expires. -351- Page 25 of 29 G. If City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Property. H. Permittee may not dose or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. L Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. Permittee agrees to pay City Consultant to document the roof membrane condition before the fireworks event, and after the fireworks event. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. Permittee must obtain City fireworks permit from Corpus Christi Fire Department prior to event. K. Permittee must not begin use of the Property without 24 hours prior notice to the Corpus Christi Fire Marshal. L. If damage occurs to any City property, all City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs. M. Permittee must not store or leave any equipment or material in City property unattended or overnight. N. The Permittee must provide proper safety and security devices to prevent possible injuries or accidents. The Permittee must provide Fire Marshal with safety plan for review and approval by the Fire Marshal. O. The Property must be maintained in neat and orderly fashion without visible trash, paper and other unsightly debris. 5. All references herein to Permittee include Permittee's contractor(s), agent(s), and employee(s) if applicable. 6. Choice of Law and Venue: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Venue for any dispute arising from or related to this Agreement shall be in Nueces County, Texas. This Agreement takes effect upon date of last signature. ATTEST: CITY OF CORPUS CHRISTI By -352- Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: By: Assistant City Attorney Page 26 of 29 Ronald L. Olson City Manager Date: Western Enterprises, Inc., the Permittee, agrees to keep and perform the conditions and be bound by all of the terms imposed by the Use Privilege Agreement. Permittee: Western Enterprises, Inc. By: Name: Title: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012, by Chief Executive Officer, on behalf of Westem Enterprises, Inc. Notary Public, State of Texas Expiration Date: -353- Page 27 of 29 EXHIBIT 3 - INSURANCE REQUIREMENTS FOR FIREWORKS EVENT I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must fumish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi must be named as an additional insured for the General Lability policy and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on the General Liability and WC policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on insurance certificates or by policy endorsements Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products) Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Hostile Fire Exception $11,000.000 COMBINED SINGLE LIMIT with $500,000 sub - limit for Damage to Rented Premises WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $1,0001$1,000,0001$1,000,000 -354- Page 28 of 29 C. In the event of accidents of any kind related to this agreement, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. L ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a . licensed insurancecompany 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. Permittee's financial integrity is of interest to the City; therefore, subject to Permittees right to maintain reasonable deductibles in such amounts as are approved by the City, Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Permittee 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. Permittee 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. Permittee 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 policies; • 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; -355 -- Page 29 of 29 • 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, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee'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 agreement. F. In addition to any other remedies the City may have upon Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee'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 agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2012 Buc bays Fireworks Permit Ins. req. 2 -20 -12 ep Risk Mgmt. -356- 29 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 3/5/2012 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson @ccredc.com CAPTION: Ordinance amending the termination date of the Downtown Tax Increment Financing (TIF) to December 31, 2028. Amending Ordinance No. 027996, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Zone "), to correct the termination date of the Zone. BACKGROUND AND FINDINGS: The original ordinance No. 027996 creating the TIF misstated the termination date as December 31, 2022 ALTERNATIVES: The ordinance must be corrected. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: This will correct the ordinance EMERGENCY / NON - EMERGENCY: NON - EMERGENCY DEPARTMENTAL CLEARANCES: Legal -359- FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE unatsl: Comments: RECOMMENDATION: Staff recommends approving this ordinance to correct the termination date of the downtown TIF. LIST OF SUPPORTING DOCUMENTS: Ordinance amending the termination date of the Downtown TIF Approvals: Charlotte Yochem, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager —360— Page 1 of 2 Ordinance Amending Ordinance No. 027996, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone"), to correct the termination date of the Zone; authorizing the City Manager to enter into an Amended Interlocal Agreement with Del Mar College and with Nueces County; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The stated termination date of the Reinvestment Zone of December 31, 2022, as declared in Ordinance No. 027996 on November 17, 2009, is hereby changed to a termination date of the Zone of December 31, 2028. SECTION 2. The City Manager is hereby authorized to enter into an Amended Interlocal Agreement with Del Mar College reflecting and referring to this ordinance amending Ordinance No. 027996. SECTION 3. The City Manager is hereby authorized to enter into an Amended Interlocal Agreement with Nueces County reflecting and referring to this ordinance amending Ordinance No. 027996. SECTION 4. 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 , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This / day of C arlotte ' em Assist City Attorney For City Attorney DOWNTOWN TIF ORD AMENDED 2 -21 -2012 Joe Adame Mayor —361— , 2012: Corpus Christi, Texas day of Respectfully, , 2012 Page 2 of 2 Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Ellzondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott DOWNTOWN TIE ORD AMENDED 2 -21 -2012 -362- 30 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/20/12 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director K. Michae1Moc cctexas.com 361- 826 -3464 Athletic league lease renewals and amendments CAPTION: Renewal of numerous expiring lease agreements and amendments for existing leases to require lessee to be responsible for utility cost excluding water to maintain the fields in accordance with City standards. BACKGROUND AND FINDINGS: The City has previously approved these Athletic leases. The amendments are in regards to each athletic league being responsible for all utilities used for any activity sponsored by league on the premises. In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge league for water used to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Additionally, three leagues have an outstanding balance that will be waived — National Little League, Oso Little Miss Kickball and Oso Pony Baseball League. ALTERNATIVES: Allow the current leases to expire requiring the athletic leagues to relocate. Not to amend the leases and continue to pay utility bills for each of the athletic leagues. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Athletic leagues have leases with the City for use of fields. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL -CMPAET: X Not Applicable ❑ . Operating Expense ❑ Revenue ❑ CIP Fiscal. Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE -365- RECOMMENDATION: Staff recommends approval of lease renewals and amendments as presented. LIST OF SUPPORTING DOCUMENTS: Contracts Renewals for: Universal Little League Sparkling City Fast Pitch League International Westside Baseball League; Amended Contracts for: Corpus Christi Police Athletic League Oso Pony Baseball League Padre Little League Corpus Christi & Coastal Bend Youth Football League Santa Fe Soccer League Great Western Soccer League Corpus Christi Senior Softball Association Padre Youth Football League National Little League Oso Little Miss Kickball League Corpus Christi United Kickball League Southside Youth Sports Complex Padre Soccer League Southside Little Miss Kickball League Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager J Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Great Western Soccer League, a non - profit organization, for the use of Terry and Bobby Labonte Park for its soccer program to end in .January 2014 by amending section regarding water utilities, and declaring an emergency Now therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Great Western Soccer League, a non -profit organization, for the use of Terry and Bobby Labonte Park for its soccer program to end in January, 2014 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon . ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: \Nk -� , 2012 By: ,ti,. ., Lisa Aguilar, Assi tant City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement between the City of Corpus-Christi and Great Western Soccer League Whereat, onl./10/200%. Corpus-Christi.City Council authorized a lease agreement with Great Western Soccer League, "Lesseor., regarding use of property at Labonte Park; Whereas, the parties desire to amend the Lease Agreement provisions regarding utilities; Now, therefore, the partiesagree as follows: Section 13 of the Lease ,AgreeMent regarding Utilities is amended to read as, follows: "Section t3 Utilitie,s. Lessee tieing pay for all Util4tles used by it or for any activity Sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination Of this Lease. Lessee Mast adhere to apPlioabie water OOnservation standards. In an effort to ensure that :fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum rnanber of gallons set by Director of Parks and 'Recreation for each calendar • All other terms and conditions remain in effect. This AttIergituent takes effect upon [lath of City Counuii -approvai. EXECUTED EsUDUPLICATE, each of which shall be considered an original, on this the day of , 20l2. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary ApproVed as to legal form: January 20, 2012 By; Lisa Aguilar4. Assis ty Attorney for the City Attorney LESSEE: Great Western Soccer League By President Printed Name: vtA) Date: a-N 1 1 rd-- Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Padre Youth Football League, a non - profit organization, for the use of Bill Witt Park for its football program to end in February 2016, by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Padre Youth Football League, a non- profit organization, for the use of Bill Witt Park for its football program to end in February, 2016 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the - day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: nAAJ -vz.,1, l , 2012 By: Lisa Aguilar, AssLant City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement between the City of Corpus Christi and Padre'Youth Football League Whereas, on 2/15/2011, Corpus Christi City Council authorized a lease agreement with Padre Youth Football League, "Lessee", regarding use of 'property at Bill Whitt Park; Whereas, the parties desire to amend the Lease Agreement provisions regarding utilities; Now, therefore, the parties agree as follows: Section 14 of the Lease Agreement regarding utilities is amended to read as follows: "Section 14 Utilities, Lessee must pay for all utilities Used by it or for any activity sponsored by Lessee on thePremisea'prior to the due date for payment. Failure to pay any utility bill on & before the due date is grounds for termination ofthis Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are Maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintairythe fields, up to maximum number of gallons set by Director of Parks *Recreation for each calendar year." All other Wins and conditions remain in effect, This Amendment takes effect upon date of City Council approval: EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to legal 'form: January 20, 2012 By: te.A4‘.1 Lisa Aguilar, Assis It. City Attorney for the City Attorney LESSEE: Padre Youth Football League aLi By: President Printed Name: ‘.49x, Date: Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi and Coastal Bend Youth Football League, a non -profit organization, for the use of Botsford Park for its football program to end in January 2014, by amending section regarding water utilities, and declaring an emergency. Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Corpus Christi and Coastal Bend Youth Football League, a non - profit organization, for the use of Botsford Park for its football program to end in January 2014 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: t , 2012 By: 6P Lisa Aguilar, A21stant Cif Attorney Y For City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement between the City of Corpus Christi and Corpus Christi & Coastal Bend Youth Football Whereas, ofi24042009, Corpus Christi City Council authorized a lease agreement with Corpus Christi & Coastal Bend Youth Football, "Lessee", regarding use of property at Botsford Park; Whereas, the parties desire to aMend the Lease Agreement provisions regarding utilities; Now, therefore, the parties agree as follows: Section 13 of the Lease Agreement 'regarding utilities is amended to read as follows: "Section 13 Utilities. Lessee Mat pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable :water conservation standards, In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the flelds, up to maximum number of gallons set by Director of Parks and Recreation for each calendar Year.' All other terms and conditions remain in effect. This Amendment takes effect upon date .of'City Council approval: • EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Amend° Chaps, City Secretary Approved as to legal form: January 20, 2012 By: Lisa Aguilar, Ass! t City Attorney for the City Attorney Ronald L. Olson, City Manager LESSE Corpus Christi & Coastal Bend Youth Football By: t14_ Presideri Printed Name: rt- (t9 *Plc) Date: 241,3( Z.— Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi Senior Softball Association, a non -profit organization, for the use of Kiwanis Park for its softball program to end in March 2016, by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Corpus Christi Senior Softball Association, a non-profit organization, for the use of Kiwanis Park for its softball program to end in March, 2016 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: 'N-\'\16,4-1A__ ,2012 By: Lisa Aguilar, AssQtant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement between the City of Corpus Christi and Corpus Christi Senior Softball Association Whereas, on 3/22/2011, Corps Christi,City Council aufimrized a lease agreement with. Corpus 'Christi Senior Softball Association, "Lessee", regarding use ofproperty at 3933 Timon; Whereas, the parties desireto amend the Lease Agreement provisions regarding utilities; Now therefore, the parties Agee as fbllows: Section 14 of the'Lease Agreement regarding utilities is amended to read as follows: "Section 14 Utilities, Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the ,Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are triaintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to Maximum number of gallons set by Director of Parks and Recreation for each calendar Year," All other terms and conditions remain in effect. This Amendment takes-effect upon date of CiW Council approval. EXECUTED INDILIPLICATE, each of which shall be considered an original, on this the day of 2011 ATTEST: CITY OF CORPUS CHRISTI Annando Chap, City 'Secretary Ronald L. Olson, City Manager Approved as to legal form: January 20, 2012 By e Lisa Aguilar, Assis City Attorney for the 'City Attorney LESSEE: Corpus Christi Senior Softball Association By: Presi Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Southside Little Miss Kickball League, a non - profit organization, for the use of property located at 4200 McArdle Road for its kickball program to end in February 2016, by amending section regarding water utilities and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Southside Little Miss Kickball League, a non- profit organization, for the use of property located at 4200 McArdle Road for its kickball program to end in February 2016 by amending section regarding water utilities. A copy of the amendment to the lease is on file with the City Secretary. Section 2. lf, 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: 'Tke, J-.1 , 2012 By: Lisa Aguilar, Ass ant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AMettdMeat to the Lease Agreement between the City Of Carpus Christi and Southside Little KW Kickball League Whereas, on 2/15/2011, Corpus Christi City Council authorized a lease agreement with SOuthside Little Miss Kickball League, "Lessee" regarding use of property at 4200 McArdle; Whereas, the parties desire to amend the Lease Agreement provisions regarding utilities; Now, therefore, the parties agree as follows: Section 14 of the Lease Agreement regarding utilities is amended to read as follows: "Section 14 Utilities. Lessee Must pay for all utilities used by it or for any sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere tO applicable water conservation standards. In an effort to ensure that fields are Maintained in accordance With City standards, the City shall noteharge Lessee. for water used by Lessee to maintain the fields, up to maximum number of gallons -set by Director of Parks and RecreatiOn for each calendar year." All other terms and conditions remain in effect. This Amendment takes effect upon date of City Council approval. EXECUTED IN DUPLICATE, each of Which shall be considered an original, on this the day of 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to legal form: January 20, 2012 By: Lisa Aguilar, Ass t City Attorney for the City Atto y LESSEE: Seuthside Little Miss Kickball League /Ca.. By: President Printed Name: Date: Ronald L. Olson, •City Manager J Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Southside Youth Sports Complex, a non- profit organization, for the use of Price Park for its baseball program to end in January 2014, by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Southside Youth Sports Complex, a non - profit organization, for the use of Price Park for its baseball program to end in January 2014 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: mi'1AA --EA-1 2012 By: t „4,74 Lisa Aguilar, jsistant City Attorney For City Attorney Corpus Christ, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christ, 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Attendance to the Lease Agreement between the City olCorpus Christi and Southside Youth Sports_ Complex Whereas, on 9130/200S, Corpus Christi City Council authorized a lease agreement with Southside Youth Sports Complex, 'lessee", regardkig use of property at Evelyn Price Pitik Whereas, the parties desire to amend the Lease Agreement provisions regarding utilities; Now, therefore, the patties agree as follows: Section 9 of the Lease Agreement regarding utilities is amended to mass Wows: "Isom* 9 Tit-Hides; Less6e.must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment; Failure to pay any utility bill on or before the due date is grounds for termination Of this Lease. Lessee .must adhere to applicable water conservation standards, In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to Maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each cakndar year." All other terms and conditions remain in effect. This Amendment takes effeet upon date of City Council apprOval. - EXECUTED IN D1TPLICATE, each of which shall be considered an Origirt81, on this the day of ,2012. ATTEST: CITY-OF.CORPUS Armando Chapa, City Secretary Approved as th legal form: January 20, 2012 By: d...t.a.-4.% Lisa Aguilar, Assista ity Attorney for the City Attome LESSEE 1 Southside Youth Sports Complex By it-c President Printed Name: (7 pfk4is'Cid(liiC114 Date; -I Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with C.C. United Little Miss Kickball League, a non - profit organization, for the use of Bill Witt Park for its kickball program to end in January 2014, by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with C.C. United Little Miss Kickball League, a non- profit organization, for the use of Bill Witt Park for its kickball program to end in January 2014 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: Armando Chapa City Secretary Approved: ' J By: t. Lisa Aguilar, A istant City Attorney For City Attorney , 2012 CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: liwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Mllendmeat to the Lease Agreement between the City of Corpus Christi and C: C United Little Bliss Kickball Whereas, on 6/24/200g, Corpus Christi City COuncil authorized a lease agreement with C. C. United Little Miss Kickball, "Lessee", regarding use of property at Bill Whitt Park; Whereas, the parties desire to amend the Lease Agreement provisions regarding utilities; Now, therefore, the parties agree as follows: Section 9 of the LeaseA.greement regarding utilities is-Amended to read As folloWs: "Section 9 Utilities. Lessee lutist pay for:all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for paynient. Failure to pay any utility bill on or before the clue date is grounds for termination of this Lease. Lessee must adhere to appiicable water conservation standards. In an effort to ensure diet fields -0e niaintainedin accordance with City standards, the City shall but charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks anifttecreation for each calendar year." All-other terms and conditions remain in effect. This Amendment takes effect upon date of City Council approval. EXECUTED IN DUPLICATE, each of which Shall be considered an original, on this the day of ,2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chaps, City Secretary Approved as to legal form: January 20, 2012 Ety: Lisa Aguilar, AssifIt City Attorney for the City Attorn LESSEE: C r1tted Little Miss Kickball By: Presi ent Printed Name: ,-;Kor et° / Z9. 44r Date: — Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the tease agreement with Padre Soccer League, a non - profit organization, for the use of Bill Witt Park for its soccer program to end in January 2013, by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Padre Soccer League, a non- profit organization, for the use of Bill Witt Park for its soccer program to end in January 2013 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved:. , 2012 By: Lisa Aguilar, Asst tant City Attorney � Y Y For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Atnendment to the Lease Agreement between the City of Corpus Christi and Note Soccer Lague Whereas, on 2/1012009, Corpus ChristiCity council antherited a lease .:ageement :with Padre Soccer League, "Lessee",-'regardingliao of property . .t Bill 'WhittPark; Whereas par* desire-tp amend the Lease Ag-reemerit'provisiOns regarding utilities; Now, therefore, the parties agree as follows: Section. 13 of the Lease,Agreement. regardirigutilitles is amended to react EIS foliOAWS: "Section 13 Utilities. Lessee must pay fbr all utilities used by it or for any activity sponsored by Lessee on the Premises Print to the due tide ,for Payrrient. Rate to pay any utility:Mil:pp pr beforeithe due date grounds fib termination of this Lease. Lessee must adbere to applicable Water conservation standards. In an effort toienSure that fields are Maintained in accordance with City standards, the City shall not Charge -Lessee for water Used by Lessee to :maintain the ,,fields, Up to M8)4111110 number of gallons set by Director of Parks and Recreation for each oetidriaar, year." All other terms and conditions remain in effect This Ainendment takes effect upon dateofcity Council oproval, EXECUTED INT DUPLICATE, each of Which shall be considered:an original, on this the '7 day of Fe b (go 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to legal form: lanuary 20, 2012 By: ce....as. Lisa Aguilar, AistJ City AttOrtiey for the City Attorney LESSEE: Padte Soccer League By: (.3‘L.t.:LctoLJ - President Printed Name: • A- v E I4e Brfcrcf Date: Fe 4 7, Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Santa Fe Soccer League, a non - profit organization, for the use of South and North Pope Park for its soccer program to end in June 2013, by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Santa Fe Soccer League, a non- profit organization, for the use of South and North Pope Park for its soccer program to end in June 2013 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: I , 2012 gy :�,,, Lisa Aguilar, Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Aniendment to the Lease Agreement between the City of Corpus Christi and Sante Fe Soccer League Whereas, ort 2/10/2009, corpus Christi City. COOltell aUthOri*la.le.eseagreetnent With Sante Pe Sonar Leagne, "Lessee, regarding use of pr perty at North and South Pope Park; Whereas; the parties desire to amend the Lease Agreement provisions regarding utilities; Now, therefore, the parties agree as folloWS: Section 13 of the Lease Agreement regatding utilities is'ainended to read as:follows: "Section 13 Utilities,. Lessee must pay for atintilities useti:17ey it or for any activity sponsoTed by Lessee on Premises HOr to the due date for payistit. Failure to pay any utility bill on or before the be date is grounds for tennination.of tills Lease. Lessee must adhere to applicable water conservation standards. In an effort to enure that fields are maintained in accordance with City standards, the ,City shall not charge Lessee for Water uSed.by Lessee to maintain-the fletds up to nu:Atrium number of gallons set by Director of Parks and Recreation for each calendar year.' MI other terms and conditions remain in effect. This. Amendment takes effectupon date of CityCouncil approval. EnctirEn INOTRacxrg, each of *hid) shall be consider an original, on.thiN the day of ,201.2. ATTESTv. erry OF. CORPUS CHRISTI • Armando Chapa, City Secretary Ronald L Olson, City Manager Approved as to legal form: January 20, 2012 By; Lio Aguilar, Assign for tile City Attorney Attorney LESSEE: Sante Fe Soccer League By: ae4 Oa-co President Printed Name; eAra Jie bate: Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi Police Athletic League, a non - profit organization, for the use of T.C. Ayers, Ben Garza, and Driscoll Field for its youth athletic program to end in February 2015, by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Corpus Christi Police Athletic League, a non - profit organization, for the use of T.C. Ayers, Ben Garza, and Driscoll Field for its youth athletic program to end in February 2015; providing for severance by amending section regarding water utilities. A copy of the amendment to the lease is on file 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. ,That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: 'lea& r , 2012 By: 42-'4'7. , Lisa Aguilar, A istant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement between the City of Corpus Christi and Corpus. Christi Police Athletic League Whereas, on 21192011, Corpus Christi City Council authorized a lease agreement with Corpus Christi Police Athletic League, "Lessee", regarding use of property at T.C. Ayers, Ben Garza, and Driscol/ Field; Whereas, the parties desire to amend the LeaseAgreernent provisions regarding utilities; NoW, therefore, the parties agree as follows: Section 14 of the Lease Agreement regarding utilities is amended to read as follows: "Sectien 14 Utilities. Lessee must pay for all utilities tised by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment Failure to pay any 'utility bill on or before the due date is grounds for tern Of il."4 Lease = Lessee must adhere to applicable water conservation standards, In an effort to ensure that fieldiare maintained itt accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director ofiParks and Recreation for each calendar year." All other terms and.conditions =rain in effect. This Attentiment takeS effect upon date of City •Council, approval. EXECUTED IN DUPLICATE, each of which shall be considered auoriginal, on this the day of , 2012. •ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secrete!), Approved as to legal form: January 20,2012 By: 144-44 Lisa Aguilar, Assi •t Attorney for the City Attorn LESSE Corpus Christi By: Pre 'ce tie League Printed Name: 'd /1(01e.ite.5r v/ Date: 2-ii Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with National Little League, a non - profit organization, for the use of Paul Jones Youth Sports Complex for its baseball program to end in February 2016 by amending section regarding water utilities, and waiving outstanding water utility balance, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with National Little League, a non - profit organization, for the use of Paul Jones Youth Sports Complex for its baseball program to end in February 2016 by amending section regarding water utilities. A copy of the amendment to the lease is on file with the City Secretary. Section 2. That the outstanding water utility balance is waived. Section 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. Section 4. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: 1 ' , 2012 By: a., Lisa Aguilar, Assistant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , , 2012 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: l /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 Kelley Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement between the 'City of Corpus Chti Ai and National Little League Whereas, on 2115/2011, Corpus Christi City Council authorized a lease agreement with National -Little League, "Lessee", regarding use of property at Paul Jones Youth Sports Coinplex; Whereas, the parties desire to mnend the Lease Agreement provisions regarding -ntilities; Now,.therefore, the parties agree as follows: Section 14 of the Lease Agreement regarding utilities is amended to read as followr. "Section 14 Iftilitie,s. Lessee must pay for all utilities used by it or for any activity sponsored by LesSee-On the Premises prior to the due date for payment. Failure to pay any 04 bill'ouor before the duadate is grounds for termination of this Lease. Lessee must adlierele applicable water conservation standards. In an effort-toensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee tot-nein-tab) the gelds; up to -maximum number of gallons Set by Directer.Of Parks and Recreation for eath calendar year," Al! other terms and conditions remain in effect. This Amendment takes effect upon date of City Council approVUL EXECUTED IN DUPLICATE, each of-which shall be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City, Secretary Approved as to legal firm: January 20, 2012 By te-1,4:i. Lisa Aguilar, Ass tit City Attorney for the City Attorney LESSEE: National Li e Le By: Presiderif Ronald L. 'Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Oso Pony Baseball League, a non - profit organization, for the use of Paul Jones Youth Sports Complex for its baseball program to end in February 2016 by amending section regarding water utilities, and waiving outstanding water utility balance, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Oso Pony Baseball League, a non - profit organization, for the use of Paul Jones Youth Sports Complex for its baseball program to end in February 2016 by amending section regarding water utilities. A copy of the amendment to the lease is on file with the City Secretary. Section 2. That the outstanding water utility balance is waived. Section 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. Section 4. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: -� , 2012 By: Lisa Aguilar, As istant City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement between the City of Corpus Christi and Oso Pony Baseball League Whereas, on 2/15/2011, Corpus Christi City COuncil authorized a lease agreement with Oso Pony Baseball League, "'Lessee", regarding-use of property at Paul Jones Yotith Sports. COmpleX; Whereas,-the parties desire to amend the Lease Agreetnent provisions tegarding Utilities; New, therefor; the patties agree' as folic4s: Section 14 of the Lease Veennent regarding will* is amended to read as. follows: "Section 14 Utilities. Lessee must pay for all utilities used by it or forany activity sponsored by Lessee on thePreinises prior to the due date for pvtudit, Failure tope any utility bill .On or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum nuniber Of gallons set by Director otParIs and Recreation for each calendar year." All other terms and conditions mritain in effect. ThiS:Artietidnient takos effect upon date of City Council approval, EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as-to legal form: January 20, 2012 By: e4.4,0;i Lisa Aguilar, Assi City Attorney for the City AttOrne LESSEE: Oso Pony Baseball League By: President Printed Name: /Y) rc. cat C t 2.o. Date: Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Oso Little Miss Kickball League, a non- profit organization, for the use of Paul Jones Youth Sports Complex for its kickball program to end in February 2016 by amending section regarding water utilities, and waiving outstanding water utilities balance, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Oso Little Miss Kickball League, a non - profit organization, for the use of Paul Jones Youth Sports Complex for its kickball program to end in February 2016 by amending section regarding water utilities. A copy of the amendment to the lease is on file with the City Secretary. Section 2. That the outstanding balance for City water utilities is waived. Section 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. Section 4. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: Th` -vt , 2012 By: Lisa Aguilar, As ' tanf City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Lease Agreement betvireen the City of Corpus Chrifl and Os° Little Miss Kiekhaill League Whereas on 2/13/2011, Corpus Christi City COMICil authorized a lease agreement with Oso Little Miss Kickball League, "Lessee", regarding use of property at hail Jones Youth Sport's Complex, Whereas, the patties desire to amend the Lease Agreement provisions regarding utilities; Now, therefore, the pities agree as follows: Section 14 oftlte Imase Agreeinearegatding utilities is amended to read asfollows: "Section 14 Utilities. Lessee must pay for all utilities used by it or forany activity sponsored by Lessee en the Premises prior to the due date for paYgmItt.. Failure to pay anyatility bill pri or before the due date s grounds for termination of thistease. Lessee Must adhere to applicable water cOuservation 'standards. In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee tOtrutiotain the fields, up to makimum ntimbor of gallons set by Director of Parks and Recreation for each calendar year." All other terms and Conditions retrain in effeet. This Amendment takes effect upon date of City Council approval. EXECUTED IN DUPLICATE, each of whieh shall be considered an original, on this the day of Fe-lo , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Ronald L Olsou, CitrMaaa8or Approved as to legal form: January 20, 2012 By: Lisa Aguilar,, AssiajhCfty Attorney for theCity Attorney LESSEE: Oso Little Miss. Kickball League By: President Printed Name: V'LA nr) Date: - Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Padre Little League, a non - profit organization, for the use of Bill Witt Park for its baseball program to end in April 2013 by amending section regarding water utilities, and declaring an emergency Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager, or designee, is authorized to amend the lease agreement with Padre Little League, a non -profit organization, for the use of Bill Witt Park for its baseball program to end in April 2013 by amending section regarding water utilities. A copy of the amendment to the lease is on file 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 4. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: % r 2012 By:. Lisa Aguilar, Aistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the tease Agreement between the City of Corpus Christi:and:Padre Little League Whereas, on 7/17/2003, Corpus Christi City Council authorized a lease agreement with Padre Little League, 'Lessee", regarding use--of property at Bill Whitt Park; Whereas, the parties desire to amend the Lease.Agreement •provisions regarding Utilities; NOv4iTierg:tote,: the parties agree as fol Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Sparkling City Fast Pitch League for the use of Greenwood /Horne Youth Sports Complex for its softball program, and declaring an emergency Be it ordained by the city council of the City of Corpus Christi, Texas that Section 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with Sparkling City Fast Pitch League for the use of softball fields and other property located at Greenwood /Horne Youth Sports Complex for its softball program. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: Yh 4- I , 2012 By: pe..vs-e Lisa Aguilar, Ass' nt City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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: l /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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SPARKLING CITY GIRLS FASTPITCH This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Sparkling City Girls Fastpitch ( "Lessee "), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact PersonlLease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "improvements ") including, without limitation, buildings, lighting, the fields, fences, lighting, irrigation systems, and the grassed areas. Section 4. Consideration. Sparkling City Girls Fastpitch must operate the program described on ExhibitA and must maintain the Premises and Improvements on ayear -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Sparkling City Girls Fastpitch shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Sparkling City Girls Fastpitch shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Sparkling City Girls Fastpitch must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism, or caused by any other reason. (D) Sparkling City Girls Fastpitch shall ensure that parking is confined to on- street parking only, 1 —411— or designated parking Tots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area (E) Sparkling City Girls Fastpitch will provide normal, scheduled mowing of the Premises. Sparkling City Girls Fastpitch will be responsible for maintaining the fields as set out in herein below. Furthermore, Sparkling City Girls Fastpitch will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches. (F) Sparkling City Girls Fastpitch shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Sparkling City Girls Fastpitch must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Sparkling City Girls Fastpitch shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. in February and September, shall throw weed and feed on the fields to provide protein to the fields. In April, Sparkling City Girls Fastpitch shall throw iron onto the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Sparkling City Girls Fastpitch. (G) If Sparkling City Girls Fastpitch utilizes goal posts on the Premises, Sparkling City Girls Fastpitch shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Sparkling City Girls Fastpitch must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Sparkling City Girls Fastpitch shall not allow use of the Premises until the anchoring system is repaired. (H) Sparkling City Girls Fastpitch is responsible for proper installation and use of all equipment and improvements at Premises. (I) Sparkling City Girls Fastpitch must maintain First Aid kit on Premises. (J) Sparkling City Girls Fastpitch shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. During the months of May and December, City of Corpus Christi employees will perform inspection to confirm compliance with Standard of Maintenance. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one parent or,legal guardian of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Lessee is required to turn in an outline of the components of the sportsmanship program. This must include course outline, and dates of the meetings. Lessee must also provide list of all coaches and parent/legal guardian signature of attendance at the sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. —412— 2 Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee indemnify and insure in accordance with this Agreement Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines . and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity 3 —413— of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other fettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of —41 4-- 4 injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation bylndemnitees oranythem of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. -415- 5 (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Lessee must provide Director with schedules of each division prior to each session. Lessee must provide Director with list of league tournaments scheduled at the Premises. Any tournaments not on schedule for league purposes must be approved in advance by Director. Lessee is responsible to ensure that each tournament at the Premises is covered by the same insurance as required for Lessee's activities under this lease agreement. —4 1 6— 6 Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lockouts, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. 7 —417— Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice and other required signs. Lessee must post and maintain a sign on Premises informing any participants or spectators to contact Corpus Christi Parks and Recreation at 826 -3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns. (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. (B) Lessee must post and maintain appropriate signs to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Lessee must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G) Lessee must promptly replace or repair any damaged or missing signage. Section 36. Former Landfill Site. Lessee acknowledges that the Premises overlies a closed solid waste landfill. There are restrictions on the use of this land pursuant to the Texas Health and Safety Code Chapter 361 and Title 30, Chapter 330, Subchapter T, Texas Administrative Code. In order to protect the clay cover which serves as a structural control to minimize potential future danger posed by the former landfill, the Lessee agrees to not penetrate the Premises to put in fences or for any other reason, without prior written approval from the City Director of Engineering Services. Section 37. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. 8 -418- EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2012. ATTEST: Armando Chapa, City Secretary Approved as to legal form: ,• loi 1-- By: 444; Lisa Aguilar, tant City Attorney for the City Aft r ney CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager LESSEE: Sparkling City Girls Fastpitch By: President Printed Name: Date: STATE OF TEXAS COUNTY OF NUECES '?fiLlef( This instrument was acknowledged before me on 1 b1- a>r i D , 2012, by C- �q.AQrc t , President of Sparkling City Girls Fastpitch, alexas exas unincorporated nonprofit association, on behalf of said association. Notary Public, State of Texas Printed name: • m s S• rR- ext-e% r V._ 'z.• Commission expires: 0 3 - ®10 - ao '1.1} —419— 9 EXHIBIT A Property Description: Tract or parcel of land at Greenwood /Horne Youth Sports Complex as depicted on Exhibit B Term: Five years from date of final City Council approval Program to be operated by Lessee: Youth baseball Notice Address for Lessee: L1s4 Ei4t1ea.i-de Sparkling City Girls Fastpitch Attn: President dam. Corpus froleoLVi'vet rpis -420- 10 EXHIBIT B Site map 11 -421- -422- EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all 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, non - renewal, material change or termination is required on all certificates. Bodily Injury and Property Damage Per occurrence / aggregate . Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. 12 —423— EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of inspection: League President Signature Print All Leagues will be expected to complete this self - inspection checklist form semi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of Leases the League will be assessed a fee of 8250.00 per site. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ 1 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become wom and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become wom and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ j 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements ( Little League, Pony, USSSA, etc.). [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push oft" and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. " Push -off' and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS 13 —424— PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [ ] [ ] 7. Our facility does not comply with industry recommended field design specifications. COMMENTS BATTERS BOXES: Yes No [ ] [ ] 1. Clay Bricks or Pro Clay in batters boxes. [ ] [ ] 2. Deep holes in batters boxes. COMMENTS BASES AND ANCHORING: Yes No [ ] [ 1 1. The base coverings have unsafe rips or gouges. _ [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. []f] 7. The bases do not seat properly with the ground elevation or they are seated loosely. S. The concrete footings have rounded edges and may twist out of place in the ground. 9. The surface of home plate is not level with the surrounding surface. 10. The surface of home plate is worn or irregular. 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS 14 -425- FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] j ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ 1 [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top, [ j [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS SIGNS 1. Signs are in good condition. 2. Sign with Parks and Recreation phone number for complaints or concerns. 3. No parking in grass . 4. Sportsmanship signs with league rules, guidelines, and possible consequences. 5. ADA Handicap parking spots. 6. Adequet traffic markings. 7. Maintenance area "keep out ". COMMENTS CONCESSION STAND / RESTROOMS Yes No [ ] [ ] 1. Health permits posted. [ ] [ ] 2. Food handlers cards on file. [ ] [ 1 3. Appropriate signs for doorways. [ ] [ ] 4. Cleanliness of restrooms and concession area. [ ] [ ] 5.. Condition of buildings. COMMENTS TURF AREAS Yes No [1 [1 [1[1 [1[1. [1 [1 1. There are unsafe bare spots in turf with a hard soil surface exposed. 2. The surface is uneven because of soil grade. 3. Soil is too wet or drains poorly making an unsafe running surface. 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. -426- 15 5. Turf irrigation comes on during games. 6. Turf is not stable and "blow- outs" frequently occur. 7.Weeds are present with thorns, bristles, or burrs. 8. Moles, gophers or other animals have caused mounds or holes. 9. Hazardous ruts occur on the field from mowing equipment or trenching. 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. - COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [1[1' [][] [][] 1. Skinned foul lines have become rutted and need to be reconditioned. 2. The chalking material used is irritating to the eyes. 3. There are 110 warning signs posted informing players or spectators of use rules or hazardous conditions. 4. There are no public telephones available for emergency situations. 5. Areas that are hazardous or under repair have not been blocked off or identified. 6. There is currently no communication between the maintenance staff and the facility COMMENTS 16 -427- T Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with International Westside Baseball for the use of Greenwood /Horne Youth Sports Complex for its baseball program, and declaring an emergency Be it ordained by the city council of the City of Corpus Christi, Texas that Section 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with international Westside Baseball for the use of baseball fields and other property located at Greenwood /Horne Youth Sports Complex for its baseball program. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: .11'1.-1-‘ I , 2012 By: -4'1;7 6 Lisa Aguilar, As City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND INTERNATIONAL WESTSIDE BASEBALL This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and International Westside Baseball (Lessee"), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact PersonlLease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, buildings, lighting, the fields, fences, lighting, irrigation systems, and the grassed areas. Section 4. Consideration. International Westside Baseball must operate the program described on Exhibit A and must maintain the Premises and Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) International Westside Baseball shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) International Westside Baseball shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) International Westside Baseball must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas._However, City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism, or caused by any other reason. (D) International Westside Baseball shall ensure that parking is confined to on- street parking 1 —430— only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) International Westside Baseball will provide normal, scheduled mowing of the Premises. International Westside Baseball will be responsible for maintaining the fields as set out in herein below. Furthermore, International Westside Baseball will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches. (F) International Westside Baseball shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. International Westside Baseball must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; International Westside Baseball shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, shall throw weed and feed on the fields to provide protein to the fields. In April, International Westside Baseball shall throw iron onto the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the International Westside Baseball. (G) If International Westside Baseball utilizes goal posts on the Premises, International Westside Baseball shall maintain a secure anchoring system on all goal posts used on the fields at Premises. International Westside Baseball must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; International Westside Baseball shall not allow use of the Premises until the anchoring system is repaired. (H) International Westside Baseball is responsible for proper installation and use of all equipment and improvements at Premises. (I) International Westside Baseball must maintain First Aid kit on Premises. (J) International Westside Baseball shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. During the months of May and December, City of Corpus Christi employees will perform inspection to confirm compliance with Standard of Maintenance. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one parent or legal guardian of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Lessee is required to turn in an outline of the components of the sportsmanship program. This must include course outline, and dates of the meetings. Lessee must also provide list of all coaches and parent/legal guardian signature of attendance at the sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. 2 —431— Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee indemnify and insure in accordance with this Agreement Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee-for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity 3 —432— of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs, (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Directors prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (6) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of -433- 4 injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, orpropertyloss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnitees or any them ofanylaw, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident Lessee covenants and agrees that if City is made a party toany litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section .8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. -434 5 (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (0) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit . with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Lessee must provide Director with schedules of each division prior to each session. Lessee must provide Director with list of league tournaments scheduled at the Premises. Any tournaments not on schedule for league purposes must be approved in advance by Director. Lessee is responsible to ensure that each tournament at the Premises is covered by the same insurance as required for Lessee's activities —435— 6 under this lease agreement. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for Toss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. —436— 7 Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice and other required signs. Lessee must post and maintain a sign on Premises informing any participants or spectators to contact Corpus Christi Parks and Recreation at 826 -3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns. (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. (B) Lessee must post and maintain appropriate signs to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Lessee must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G) Lessee must promptly replace or repair any damaged or missing signage. Section 36. Former Landfill Site. Lessee acknowledges that the Premises overlies a closed solid waste landfill. There are restrictions on the use of this land pursuant to the Texas Health and Safety Code Chapter 361 and Title 30, Chapter 330, Subchapter T, Texas Administrative Code. In order to protect the clay cover which serves as a structural control to minimize potential future danger posed by the former landfill, the Lessee agrees to not penetrate the Premises to put in fences or for any other reason, without prior written approval from the City Director of Engineering Services. Section 37. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of 8 —437— future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to legal form: PC6.02 S ?Ws— By: e Lisa Aguilar, Ass ant City Attorney for the City Attorney STATE OF TEXAS Ronald L. Olson, City Manager LESSEE: International Westside Baseball By: President Printed Name: i R a ] Qs Date: 2.. - 43- zoIa COUNTY OF NUECES ' This instrument was acknowledged before me on C'C-kar •.4(r 13 , 2012, by u la_e.n ?∎: o as President of International Westside Basebali,i Texas unincorporated nonprofit association, on Behalf of said association. Notary Public, State of Texas Printed name: 1\k ie_ore% P . . Q'- Commission expires: O 3 'Z.o 1 �. —438— 9 EXHIBIT A Property Description: Tract or parcel of land at Greenwood /Horne Youth Sports Complex as depicted on Exhibit B Term: Five years from date of final City Council approval Program to be operated by Lessee: Youth baseball Notice Address for Lessee: International Westside Baseball Attn: President t�.�•1�er, R'to jay ice H u.- v ct r d '4- L+ o c p sVi TX Z$1/41't4, —439— is EXHIBIT B Site map -440- 11 -441- EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all 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, non - renewal, material change or termination is required on all certificates. Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. -442- 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE INSPECTOR: ADDRESS: Date of Inspection: League President Signature Print All Leagues will be expected to complete this self - inspection checklist form semi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of Leases the League will be assessed a fee of $250.00 per site. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become wom and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, boles, or is not level and should be dragged/re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements ( Little League, Pony, USSSA, etc.). [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off' and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS —443— 13 PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ 1 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ 1 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [ 1 [ ] 7. Our facility does not comply with industry recommended field design specifications. COMMENTS BATTERS BOXES: Yes No [ ] [ ] 1. Clay Bricks or Pro Clay in batters boxes. [ ] [ ] 2. Deep holes in batters boxes. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] I. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ 1 [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ 1 [ 1 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ 1 II. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS FENCING -444- 14 Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] . 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS SIGNS Yes No [ ] [ ] 1. Signs are in good condition. [ ] [ ] 2. Sign with Parks and Recreation phone number for complaints or concerns. [ ] [ ] 3. No parking in grass . [ ] [ ] 4. Sportsmanship signs with league rules, guidelines, and possible consequences. [ ] [ ] 5. ADA Handicap parking spots. [ ] [ ] 6. Adequet traffic markings. [ ] [ ] 7. Maintenance area "keep out ". COMMENTS CONCESSION STAND / RESTROOMS Yes No [][] [][] []1] [] [] []1] 1. Health permits posted. 2. Food handlers cards on file. 3. Appropriate signs for doorways. 4. Cleanliness of restrooms and concession area. 5. Condition of buildings. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. -445 - 15 6. Turf is not stable and "blow- outs" frequently occur.. 7. Weeds are present with thorns, bristles, or burrs. 8. Moles, gophers or other animals have caused mounds or holes. 9. Hazardous ruts occur on the field from mowing equipment or trenching. 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ 1 2. There are burned out lights. [ ] [ 1 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ 1 [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ 1 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ 1 [ ] 2. The chalking material used is irritating to the eyes. [ ] [ 1 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS -446- 16 Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Universal Little League for the use of Greenwood /Horne Youth Sports Complex for its baseball program and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas that Section 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with Universal Little League for the use of baseball fields and other property located at Greenwood /Horne Youth Sports Complex for its baseball program. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: Y , 2012 By: Y Lisa Aguilar, A tant City Attorney For City Attorney Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND UNIVERSAL LITTLE LEAGUE This lease agreement ("Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ("City Manager "), and Universal Little League ( "Lessee "), a Texas nonprofit corporation, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ("Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, buildings, lighting, the fields, fences, lighting, irrigation systems, and the grassed areas. Section 4. Consideration. Universal Little League must operate the program described on Exhibit A and must maintain the Premises and Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Universal Little League shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Universal Little League shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Universal Little League must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism, or caused by any other reason. (D) Universal Little League shall ensure that parking is confined to on- street parking only, or 1 —449— designated parking Tots but no parking is to be allowed on grass. NI motor vehicles must be restricted to the designated parking lot area. (E) Universal Little League will provide normal, scheduled mowing of the Premises. Universal Lithe League will be responsible for maintaining the fields as set out in herein below. Furthermore, Universal Little League will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches. (F) Universal Little League shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Universal Little League must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre- season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Universal Little League shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, shall throw weed and feed on the fields to provide protein to the fields. In April, Universal Little League shall throw iron onto the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Universal Little League. (G) If Universal Little League utilizes goal posts on the Premises, Universal Little League shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Universal Little League must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Universal Little League shall not allow use of the Premises until the anchoring system is repaired. (H) Universal Little League is responsible for proper installation and use of all equipment and improvements at Premises. (1) Universal Little League must maintain First Aid kit on Premises. (J) Universal Little League shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than.March 1 and again August 1 of each year. During the months of May and December, City of Corpus Christi employees will perform inspection to confirm compliance with Standard of Maintenance. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the . demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (1 0) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one parent or legal guardian of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Lessee is required to turn in an outline of the components of the sportsmanship program. This must include course outline, and dates of the meetings. Lessee must also provide list of all coaches and parent/legal guardian signature of attendance at the sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. —450— 2 Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee indemnify and insure in accordance with this Agreement Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. 3 —451— Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non- Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person Including, without limitation on the foregoing, premises defects, —452— 4 workers compensation and death claims, orpropertyloss or damage of any kind whatsoever, to the extent any damage or injury maybe incident to, arise out of, be caused by, or be in any way connected with, ei`ther proximately orremotely, wholly orin part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's invitees) entering upon the Premises or its improvements pursuant to this Lease, or trespassers entering upon the Premises or its improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation bylndemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident Lessee covenants and agrees that if City is made a party toany litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) in addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or -453- 5 local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, retum receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. 0, Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Lessee must provide Director with schedules of each division prior to each session. Lessee must provide Director with list of league tournaments scheduled at the Premises. Any tournaments not on schedule for league purposes must be approved in advance by Director. Lessee is responsible to ensure that each tournament at the Premises is covered by the same insurance as required for Lessee's activities under this lease agreement. —454 -- 6 Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for Toss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease —455— 7 and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice and other required suns. Lessee must post and maintain a sign on Premises informing any participants or spectators to contact Corpus Christi Parks and Recreation at 826-3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns. (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. (B) Lessee must post and maintain appropriate signs to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Lessee must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G) Lessee must promptly replace or repair any damaged or missing signage. Section 36. Former Landfill Site. Lessee acknowledges that the Premises overlies a closed solid waste landfill. There are restrictions on the use of this land pursuant to the Texas Health and Safety Code Chapter 361 and Title 30, Chapter 330, Subchapter T, Texas Administrative Code. In order to protect the clay cover which serves as a structural control to minimize potential future danger posed by the former landfill, the Lessee agrees to not penetrate the Premises to put in fences or for any other reason, without prior written approval from the City Director of Engineering Services. Section 37. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. —456— 8 EXECUTED IN DUPLICATE, each of which shall be considered an original,, on this the day of , 2412. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Ronald L. Olson, City Manager Approved as to legal form: FeA7.2ti ?D °2 - By: oe t i-i Lisa Aguilar, Assis4nt City Attorney for the City Attorney LESSEE: Universal Little League By: „72-74:2-11.A.4 President Printed Name: "(4 se s te / f A J r Date: n/ 51/ STATE OF TEXAS COUNTY OF NUECES ' This instrument was acknowledged before me on -e.br -ark °1 , 2412, by ' doses Lie.. 2.1N6, President of Universal Little League, a Texas nonprofit corporation on behalf of said corporatton. Notary Public, State of Texas Printed name: 1-4. o rn', 0.N; r e a. Commission expires: 31 ok.,21 as l -457- EXHIBIT A Property Description: Tract or parcel of land at Greenwood /Horne Youth Sports Complex as depicted on Exhibit B Term: Five years from date of final City Council approval Program to be operated by Lessee: Youth baseball Notice Address for Lessee: Universal Little League Attn: President - 0.4 %7 se.s Lb��• 1 7 3 s (1", .1 Le,/ L2C-1 d Cay-rts )-;s1--; —458— 10 EXHIBIT B Site map -459- 11 Lif -460- EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all 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, non - renewal, material change or termination is required on all certificates. Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. -461- 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: • Date of Inspection: League President Signature Print All Leagues will be expected to complete this self-inspection checklist form semi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league is responsible for their self inspection. lithe inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of Leases the League will be assessed a fee of $250.00 per site Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements ( Little League, Pony, USSSA, etc.). [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS —462— 13 PLAYING SURFACE: Ye's No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [ ] [ ] 7. Our facility does not comply with industry recommended field design specifications. COMMENTS BATTERS BOXES: Yes No [ ] [ ] 1. Clay Bricks or Pro Clay in batters boxes. [ ] [ ] 2. Deep holes in batters boxes. COMMENTS BASES AND ANCHORING: 1. The base coverings have unsafe rips or gouges. 2. The base framework or hardware is loose or damaged. 3. The base ground stake is unsafely protruding above the surface grade. 4. The base ground stake is out of alignment or not level with the surface. 5. The base ground stake is not firmly secured in its concrete footing. 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. 7. The bases do not seat properly with the ground elevation or they are seated loosely. 8. The concrete footings have rounded edges and may twist out of place in the ground. 9. The surface of home plate is not level with the surrounding surface. 10. The surface of home plate is worn or irregular. 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS -463- 14 FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ 110. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12, Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS SIGNS Yes No [ ] [ ] 1. Signs are in good condition. [ ] [ ] 2. Sign with Parks and Recreation phone number for complaints or concerns. [ ] [ ] 3. No parking in grass . [ ] [ ] 4. Sportsmanship signs with league rules, guidelines, and possible consequences. [ ] [ ] 5. ADA Handicap parking spots. [ ] [ ] 6. Adequet traffic markings. [ ] [ ] 7. Maintenance area "keep out". COMMENTS CONCESSION STAND / RESTROOMS Yes No [ ] [ ] 1. Health permits posted. [ ] [ ] 2. Food handlers cards on file. [ ] [ 1 3. Appropriate signs for doorways. [ ] [ ] 4. Cleanliness of restrooms and concession area. [ ] [ ] 5. Condition of buildings. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. -464- 15 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. 5. Turf irrigation comes on during games. 6. Turf is not stable and "blow- outs" frequently occur. 7.Weeds are present with thorns, bristles, or burrs. 8. Moles, gophers or other animals have caused mounds or holes. 9. Hazardous ruts occur on the field from mowing equipment or trenching. 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the Lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ 1 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS —465— 16 31 City of us ;- Christi DATE: March 20, 2012 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Gustavo Gonzalez, P. E., Director of Water Depart g ustavogo@cctexas. corn (361) 826 -1874 CAPTION: Approval of Contract for Professional Services: Staples Street Pumping Plant New 10 MGD Pumps (Project No. E12004) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with Urban Engineering of Corpus Christi, Texas in the amount of $87,400.00 for Staples Street Pumping Plant New 10 MGD Pumps. BACKGROUND AND FINDINGS: The existing Staples Street Pumping Plant was designed by Urban Engineering and subsequently constructed in 2001 to help increase the water supply system for the City as recommended in the 1997 Water Master Plan. The pump station was designed for two 10 MGD pumps and two 5 MGD pumps but only the two 5 MGD pumps were installed in 2001. The pump station was constructed with sufficient footprint space to accommodate the addition of two future 10 MGD pumps. Due to system demand, it is time to install the two 10 MGD pumps. Because of Urban Engineering's outstanding performance with the initial design, the decision was made to recommend award of this contract to Urban Engineering. Selection of this consultant will ensure project continuity and expedite the delivery of needed capacity. The project will be to design the installation of both 10 MGD pumps but the project will be structured to install one pump with the base bid and the second pump as an additive alternative. This allows flexibility in the funding of the construction of the project. The project consists of the installation of two 10 MGD pumps with new pipe, valves and fittings to connect to existing suction and discharge piping, discharge control valves, flow meters, MCCs with VFD, electrical wiring and miscellaneous items of work to complete the project. ALTERNATIVES: 1. Award the contract to Urban Engineering as proposed. KSEngineering DataExchange \VELMAPIWATER \E12004 STAPLES STREET PUMPING PLANTTJEWPUMPS LCONSULTANTCONTRACTAGENDA 1 MEMO.docx EMERGENCY / NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 9,011,073.12 9,011,073.12 Encumbered / Expended Amount 1,611,007.72 _ 1,611,007,72 This item 87,400.00 87,400.00 BALANCE 7,312,665.40 7,312,665.40 Fund(s): Water Operating FY 2011 -2012 Comments: The estimated total project costs, including design and construction is $835,070. The total basic services fee proposed is $59,900. Services include design of installation of two new 10 MGD pumps, motors, piping and electrical at the existing Staples Street Pumping Plant. Design will be completed in approximately four months. RECOMMENDATION: City staff recommends that the contract be awarded to Urban 'Engineering of Corpus Christi, Texas, in the amount of $87,400.00 for Professional Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -471- PROJECT BUDGET ESTIMATE STAPLES STREET PUMPING PLANT NEW 10 MGD PUMPS Project No. E12004 March 20, 2012 FUNDS AVAILABLE: Water Operating $978,996.48 FUNDS REQUIRED: Construction (Base Bid and Additive Alternate No. 1) (estimate)... $747,670.00 Contingency (10%) 74,767.00 Consultant Fees: Consultant (Urban Engineering) * 87,400.00 Materials Testing (TBD) - Estimated Allowance 9,345.88 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 20,560.93 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 26,168.45 Finance Issuance 9,345.88 Misc. (Printing, Advertising, etc.) 3,738.35 TOTAL $978,996.48 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Construction Observation Services included in Urban Engineering's consultant fee. —473— File: \. Mprojec t\councilexhibifs\exhE12004.dwg NUECES BAY CORPUS CHRISTI INTERNATIONAL AIRPORT F.I. 43 FARM TO MARKET ROAD F.M. 43 F.M. 665 e PROJECT LOCATION i 8 PROJECT #E12004 LOCATION MAP NOT TO SCALE Staples Street Pumping Plant New 10 MGD Pumps CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE : .1 of 1 UMW IMMO 32 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Dan Biles, P.E., Interim Director of Engineering Services danbacctexas.com, (361) 826 -3729 Michael Morris, Director of Parks and Recreation ill Michaeimo@cctexas.com, (361) 826 -3464 CAPTION: Approval of Amendment No. 2: for Oso Creek/Oso Bay Area Park Master Plan Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a Contract for Professional Services with RVi of Austin, Texas for the Oso Creek/Oso Bay Area Park Master Plan in the amount of $616,670 for a total restated fee of $903,650 for design of Phase 2 Improvements (Bond Issue 2008) BACKGROUND AND FINDINGS: The Project consists of engineering services for the Oso Bay Park and Oso Parkway extension from the Preliminary Design phase through the Bid /Award phase as well as the Construction Phase. Design development will be for the following park, components: an Exhibit Hall (approximately 2,800 square feet) and Labs Building (approximately 2,500 square feet) connected by covered breezeways, entry plaza and pond with covered boardwalk, well and windmill, amphitheatre, entry drive and drop off areas, biofiltration pond, asphalt car parking lot, overflow parking area, photovoltaic cells, site utilities, prairie pond with well and windmill, trails, boardwalks, entry signage, interpretive signage, nature - themed children's play area, site furnishings, site lighting, camp sites, wildlife viewing areas, wetlands restoration, landscape and irrigation. The Project will also include the extension of Oso Parkway and utilities to serve the Oso Bay Park. The Project will be submitted to the US Green Building Council (USGBC) for Leadership in Energy and Environmental Design (LEED) certification. In addition to the preparation of construction cost estimates at different stages of design, the consultant will also prepare and submit an estimate of Maintenance and Life Cycle Cost Analysis for Oso Bay Park at the 30 %, 60%, and 90% design submittals for use by the City for long -term maintenance program preparation and cost determination. C:1DOCUment6 and Settiugs\M st aelMo.CCPD Mood Settings\Temporary Intemet FileslContent,Outlookl4CEE TrY COUNCIL ACTION FrEM. docx ALTERNATIVES: 1. Do not proceed with the design phase of this project (Not recommended). OTHER CONSIDERATIONS: The Oso Bay Park will be built in two phases. The initial phase includes trails, an elevated walk, observation tower and associated signage and amenities. Phase 2 of the project will include the restoration of wetlands, construction of facilities, additional trails and sustainability elements. Each phase will require an increase of operating funds in order to maintain and provide programs at the park. In order to offset the management of the park, the City will seek partnerships and endowment funds as well as implement rental fees, program fees and camping fees. General fund dollars will be necessary to maintain Phase 1 in FY2013. Additional funding will be necessary in FY2015 to operate and maintain Phase 2. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2011 -12 Capital Budget. EMERGENCY / NON- EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $638,100.00 $1,222,600 3,844,100.00 $5,704,800.00 Encumbered / Expended Amount $638,100.00 $638,100.00 This item y $616,670.00 $616,670.00 BALANCE Fund(s): Park and Recreation 2008 Bond Comments: Construction is contingent upon receipt of adequate funding. RECOMMENDATION: City staff recommend approval of Amendment No. 2 to the Professional Services Contract with RVi of Austin, Texas in the amount of $616,670.00 for Phase 2 of the Oso Creek/Oso Bay Area Park project. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager K:1Engineering DataExchangelClarissa3 SParks13384.Oso Bay Phase 21Agenda ItemICITY COUNCIL ACT1Q ]If1846:0 PROJECT BUDGET March 27, 2012 Oso Creek/Oso Bay Area Park Master Plan Project No. 3380 FUNDS AVAILABLE: Bond 2008 Park Funds $2,750,000.00 Coastal Impact Assistance Program 2010 1,500,000.00 Texas Parks & Wildlife Outdoor Grant 500,000.00 Texas Parks & Wildlife National Recreation Traits Grant. 200,000.00 Coastal Management Program Grant 100,000.00 Coastal Bend Bays & Estuaries Program 20,000.00 Supplemental Environmental Program (SEP) Grant 41,496.00 Community Enrichment Fund (Land Purchase) 563,884.89 Street Capital Improvement Program 114,500.00 Storm Water Capital Improvement Program 106,250.00 Water Capital Improvement Program 57,500.00 Wastewater Capita! Improvement Program 71,875.00 TOTAL $6,025,505.89 FUNDS REQUIRED: Construction - Phase 1 (Updated Estimate) $564,000.00 Construction - Phase 2 (Estimated) * (without Wet Lab & Breezeway) 2,400,000.00 Construction - Extension of Oso Parkway 325,200.00 Total Construction (Estimated) $3,289,200.00 Contingencies 493,380.00 Land Purchase (to date) 563,884.89 Consultant Fees: Design Consultant, Phase One (RVI) ** 286,980.00 Design Consultant, Phase Two (RV!)...... 616,670.00 Other Consultants (Geotechnical, State Land Survey, etc.) 57,450.00 Reimbursements: Contract Admin. (Contract PreparationlAward /Admin) (2.75 %).... 165,701.41 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt (3.5 %).. 210,892.71 Construction Inspection Services (3.5 %).....: 132,390.30 Finance Reimbursements ( 1. 5% ) .............................. 90,382.59 Misc. (Printing, Advertising, etc.) 20,000.00 TOTAL $5,926,931.90 ESTIMATED PROJECT BUDGET BALANCE * Construction is contingent upon receipt of funding from future grants and potential donors ** Original Contract Approved by Council on January 11, 2011 —481— 98,573.99 \ Mproject \councliexhiblls\exh3388.dwg OSO CREEK/ OSO BAY AREA PARK MASTER PLAN CITY COUNCIL EXHIBIT CITY OF CARPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 MEW 4 -482- 33 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/20/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services Danbccctexas.com (361) 826 -3729 CAPTION: Motion to execute Construction Contract: Traffic Signals (New and Synchronization) Bond 2008 Motion authorizing the City Manager, or designee, to execute a Construction Contract with Austin Traffic Signal Construction Co., Inc. of Pflugerville, Texas in the amount of $900,348.44 for Traffic Signals (New and Synchronization) for the Base Bid (Bond 2008). BACKGROUND AND FINDINGS: These intersections are currently signalized and controlled by a span wire signal head system. A span wire system cannot accommodate pedestrian traffic light control clue to the lack of a push button signal operation. These intersections need to be ADA compliant with, new LED signal heads mounted on mast arms, underground conduit, video detection (VIVDS) for signal operation and illuminated street signage. Upgrading these signals along with synchronization city -wide would enhance traffic safety as well as improve traffic operations. On October 26, 2011, the City received a proposal from one bidder. The bid was over budget and the City rejected the bids on November 07, 2011. The project was re- scoped and re- advertised for the bidding. On February 22, 2012, the City received a proposal from one (1) bidder. There are only two companies in the area with the technical expertise to do this type of work. The other company did not get their bid in on the advertised bid date. Since it was the second time the City advertised and the bid received was with the construction estimate, City staff decided to proceed and award this bid. The lowest bidder and respective bid are as follows: Contractor Base Bid Austin Traffic Signal Construction Co., Inc. Pflugerville, Texas $900,348.44 FIVE INTERSECTIONS AND UPGRADED TRAFFIC SIGNALS: • Alameda Street at Robert Drive • Morgan Avenue at Cleo Street/Kokernot Street. • Ayers Street at Horne Road • Port Avenue at Baldwin Boulevard • Gollihar Road at Prescott Street ALTERNATIVES: 1. Award project as presented 2. Don't award project (not recommended) OTHER CONSIDERATIONS: The City's consultant, HDR Engineering, conducted a bid analysis of the proposal submitted to the City. The lowest bidder based on the Total Base Bid is Austin Traffic Signal Construction Co., Inc. of Pflugerviile, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Austin Traffic Signal Construction Co., Inc. has the experience and resources to complete the project. City staff recommends that the City award the Base Bid in the amount of $900,348.44 to Austin Traffic Signal Construction Co., Inc. CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street Capital Budgets. EMERGENCY / NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Street FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $91,600.00 $908,400.00 $0.00 $1,000,000.00 0.00 Design / Expended Amount 91,600.00 0.00 0.00 This item 0.00 900,348.44 0.00 900,348.44 BALANCE $0.00 $8,051.56 $0.00 $99,651.56 Comments: The project requires 120 calendar days, with anticipated completion approximately September 2012. RECOMMENDATION: City staff recommends approval of construction contract as presented. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —486— PROJECT BUDGET Traffic Signals (New and Synchronization) Bond 2008 Project No. 6488 March 27, 2012 FUNDS AVAILABLE: Street Capital Improvement Budget (Bond 2008). $1,000,000.00 Street Capital Improvement Budget (Bond 2004) $172,892.86 TOTAL AVAILABLE' $1,172,892.86 FUNDS REQUIRED: Construction (Austin Traffic Signal Construction Co., Inc.) Base Bid $900,348.44 Contingencies (5 %) 45,017.42 Consultant Fees: Consultant Design (HDR Engineering) * 151,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 31,512.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 27,010.00 Finance Reimbursements 13,505.00 Misc. (Printing, Advertising, etc.) 4,500.00 TOTAL $1,172,892.86 Estimated Project Balance $0.fl0 * Consultant Contract awarded on May 25, 2010 by Motion No. 2010 -123 Construction Observation Services included in HDR Engineering's consultant contract. Mproject \ councilexhibits \exh8488bond2004.d wg CORPUS C5(R1S?t BAY L7l0.01:51. MDR' • TRAFFIC SIGNALS TO BE UPGRADED PROJECT #6488 LOCATION MAP NOT TO SCALE gULY OF aaTxICO Traffic Signals (New and Synchronization) Bond 2008 intersections of Alameda Street at Robert Drive, Morgan Avenue at Cleo Street/Kokemot Street, Ayers Street at Horne Road, Port Avenue at Baldwin Boulevard, and Gollihar Road at Prescott Street - _ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: f of 1 Nov — — orftroftroo 34 DATE: TO: THROUGH: AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 2/17/2012 Ronald L. Olson, City Manager Rudy Garza, Assistant City Manager FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com CAPTION: Resolution appropriating a Type A grant to Kanon Services, LLC. a. Appropriating $120,000 from the unreserved fund balance in the No. 1140 Business /Job Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Kanon Services, Inc. ( "Kanon ") for capital investments and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $120,000 b. Approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and Kanon Services, Inc. ("Kanon"), which provides a grant of up to $120,000, for investing in new equipment for its facilities within the City of Corpus Christi, in which Kanon will invest at least $3,700,000 in furniture, fixtures, and equipment and will retain at least 4 current full time jobs with an annual average salary of at least $50,000 over a five year period and the creation and maintenance of 36 additional full time jobs with an average annual salary of at least $50,000 over a five year period, and authorizing the City Manager, or designee, to execute a business incentive agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Kanon business incentive agreement for the creation and retention of jobs BACKGROUND AND FINDINGS: Kanon Services, LLC is an industrial service company that will provide oilfield and refinery support services throughout the Coastal Bend region. They plan to invest $3.7 million in furniture, fixtures, and equipment at their Corpus Christi facility and retain 4 positions and create 36 full -time positions with an annual average salary of $50,000. On November 14, 2011 the Type A Board approved a grant to Kanon Services, LLC in the amount of $120,000. ALTERNATIVES: —491— The company is not eligible for any other incentives besides the Type A grant. OTHER CONSIDERATIONS: Kanon Services is investing $3.70 million and bringing high paying jobs to our area. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and iricentivizing business to locate and thrive in Corpus Christi. EMERGENCY / NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 120,000 120,000 BALANCE 120,000 120,000 Fund(s): Type A Fund Comments: This will come from the Type A fund. RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Kanon Services, LLC for $120,000 over a five year period. UST OF SUPPORTING DOCUMENTS: Ordinance for Kanon Services, LLC Resolution for Type A and City of Corpus Christi Agreement Business Incentive Agreement (signed 2 copies) Service Agreement Between Type A and the City of Corpus Christi —492— ** Pending council approval Available Balance in the Fund for the Remainder of FY 2011 -2012 40 goon "E#! 5;5 @§a§ �EEa cr \3\( 383 §220. !$«7 3a ) §/ o 0 21072 a ca to Ed \ \ V 70 10 Id Ed ID MI CD EP -493- 0 $ n 0 .1 0) ca [ In. .ci7. ƒ _at ■ • 3 • ati • 0. ±0 30• i2 ] \ a § ( EA id IP 0 0 id Susser $ 640,000 $ - $ 640,000 3 384,000 $ 256,000 APAC 400,000 - 400,000 240,000 160,000 APAC 1,375,000 (1,375,000) - - - TurnerInd. 1,850,000 - 1,850,000 860,500 989,500 TAMUCC Engineering Program 1,000,000 - 1,000,000 995,314 4,686 TAMUCC - Incubator Program 1,500,000 - 1,500.000 1,500,000 - TAMUCC - Research Laboratories 1,000,000 - 1,000,000 - 1,000,000 Del Mar Northwest Learning Ctrs 979,000 - 979,000 931,960 47,040 Del Mar Aviation Maintenance 1,166,270 - 1,166,270 - 1,166,270 TDL Plastics 50,000 - 50,000 - 50,000 Oneta** 295,260 - 295,260 - 295,260 Majek Boats ** 300,000 - 300,000 - 300,000 Charlie's Place 336,000 (336,000) - .. - CMC 132,600 - 132,600 - 132,600 Craft Training Center 1,750,000 - 1,750,000 - 1,750,000 Lakeside Steel Texas 150,000 - 150,000 - 150,000 Project Flight*' 120,000 - 120,000 - 120,000 Project HQ** 125,000 125,000 - 125,000 A/C Distributing 185,000_ (18,500) 166,500 166,500 - McTurbine, Inc. 500,000 (883) 499,117 499,117 - $ 5,345,068 $ 587,572 $ 204,572 $ 204,572 $ 204,572 $ 128,000 $ 128,000 $ - $ - $ - 80,000 80,000 - - - 814,500 175,000 - - - 4,686 - - - - 1,000,000 - - - - 47,040 - - - - 1,166,270 - - - - 10,000 10,000 10,000 10,000 10,000 59,052 59,052 59,052 59,052 59,052 180,000 30,000 30,000 30,000 30,000 26,520 26,520 26,520 26,520 26,520 1,750,000 - - - - 30,000 30,000 30,000 30,000 30,000 24,000 24,000 24,000 24,000 24,000 25,000 25,000 25,000 25,000 25,000 -493- 0 $ n 0 .1 0) ca [ In. .ci7. ƒ _at ■ • 3 • ati • 0. ±0 30• i2 ] \ a § ( Page 1 of 2 ORDINANCE Appropriating $120,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Kanon Services, Inc. ("Kanon") for capital investments and the creation and retention of jobs; Changing the FY 2011 -2012 Operating Budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $120,000 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $120,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Kanon for Capital Investments and the Creation and Retention of Jobs. SECTION 2. That Ordinance No. 029155, which adopted the FY 2011 -2012 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $120,000 for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Kanon for Capital Investments and the Creation and Retention of Jobs. ATTEST: Armando Chapa City Secretary APPROVED: /5— , 2012 Charlotte ire Assista s y Attorney For City Attorney Type A appropord Kanon Services 02152012 CITY OF CORPUS CHRISTI Joe Adame Mayor –494– Corpus Christi, Texas day of , 2012 Respectfully, Page 2 of 2 Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Type A appropord Kanon Services 02152012 -495- Pagel of 3 RESOLUTION Approving a Business Incentive Agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and Kanon Services, Inc. ("Kanon "), which provides a grant of up to $120,000, for investing in new equipment for its facilities within the City of Corpus Christi, in which Kanon will invest at least $3,700,000 in furniture, fixtures, and equipment and will retain at least 4 current full -time jobs with an average annual salary of at least $50,000 over a five year period and the creation and maintenance of 36 additional full -time jobs with an average annual salary of at least $50,000 over a five year period, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Kanon Business Inc entive Agreement for the Creation and Retention of Jobs WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Kanon, for equipping its facilities within the City, in which Kanon will invest at least $3,700,000 in furniture, fixtures, and equipment and will retain at least 4 current full -time jobs with an average annual salary of at least $50,000 over a five year period, and will create and maintain 36 additional full -time jobs with an average annual salary of at least $50,000 over a five year period, will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Kanon; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Kanon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS 'CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Kanon that provides for equipping its facilities within the City of Corpus Christi, which is attached to this resolution as Exhibit A, is approved. RESOLUTION Kanon Sevices Business Incentive Agreement 02152012 —496— Page 2 of 73 SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Kanon, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED: /Clay of Pehtf.42 r , 2012. Chariot chem Assista City Attorney For City Attorney RESOLUTION Kanon Sevices Business Incentive Agreement 02t 01 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Eilzondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION Kanon Sevices Business Incentive Agreement 02159,12 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND KANON SERVICES, LLC FOR CAPITAL INVESTMENTS AND THE CREATION AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Kanon Services, LLC ( "Kanon "), a Texas domestic for - profit limited liability company. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073, Texas Local Government code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 51 90.6, 0.fi, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Kanon is an industrial service company that will provide oilfield and refinery support services throughout the Coastal Bend region; Page 1 of 9 KANON -1 —499— WHEREAS, Kanon proposes to invest approximately $3.7 million over a 5 year period; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Kanon, through this Agreement with Kanon, to be used by Kanon to add equipment and personnel and will result in creation of up to 36 new full -time permanent jobs in the City of Corpus Christi and the retention of 4 existing full -time jobs, with an estimated annual average salary of $2,000,000. in consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Kanon agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for 5 years beginning on the effective date, 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162, Texas Local Government Code, formerly Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. Kanon agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. d. Kanon agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full -time permanent employees employed by the business. e. Kanon shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Buy Local Provision. KANON -1 a. Kanon agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably Page 2 of 9 —500— possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Kanon warrants and represents to Corporation the following: a. Kanon is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Kanon has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Kanon has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Kanon has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Kanon are duly authorized to execute this Agreement on behalf of Kanon. 7. Compliance with Laws. Kanon shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Kanon covenants and agrees that Kanon will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Kanon are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Kanon are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full KANON -1 Page3of9 —501— particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Kanon may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. Kanon covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Kanon activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Kanon must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss , claims, demands, or actions. 12. Events of Default by Kanon. The following events constitute a default of this Agreement by Kanon: a. The Corporation or City determines that any representation or warranty on behalf of Kanon contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Kanon or any attachment or other levy against the property of Kanon with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Kanon makes an assignment for the benefit of creditors. d. Kanon files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 4 of 9 KANON -1 —502— e. If taxes owed by Kanon become delinquent, and Kanon fails to timely and properly follow the legal procedures for protest or contest. f. Kanon changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Kanon is in default according to the terms of this Agreement, the Corporation or City shall notify Kanon in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Kanon to cure the event of default. 14. Results of Uncured Default by Kanon. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Kanon, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Kanon shall immediately repay all funds paid by Corporation to them under this Agreement. b. Kanon shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Kanon of all sums due, the Corporation and Kanon shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Kanon may be held liable for any consequential damages. 15. No Waiver. KANON -1 a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Kanon's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Kanon is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Page 5 of 9 -503-- Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Kanon specifically agrees that Corporation shall only be liable to Kanon for the actual amount of the money grants to be conveyed to Kanon, and shall not be liable to Kanon for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, Tess Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Kanon to be accompanied by all necessary supporting documentation. 17. Notices. KANON -1 a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Kanon: Kanon Services, LLC Attrt: 711 N. Carancahua Street Suite 1130 Corpus Christi, TX 78401 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: Page 6of9 —504— City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Kanon will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by.a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. KANON -1 b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in Iieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Page 7of9 —505- 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Kanon. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar President Armando Chapa Assistant Secretary Approved as to . By Char otte Yoc Assistant orney For City A • ney KANON -1 Page 8 of 9 —506— Kanon Services, LLC By: [Na -} fi(, -woo v 14) [Office] RAE6.r'i,. Date: THE STATE OF TEXAS COUNTY OF NbeeES 54. Petfr'4 -4 This instrument was acknowledged before me on [Name], [Office], for Kanon Services, LLC, a Texa Jlimited lia: ility company, on behalf of the company. 30 , 2012, by Public to of Texas KANON -1 1 Page 9 of 9 -507- AtuiN o o,*.• .o,, JORDANA L. ADAMS :, 1 VE Notary Public, State of Texas f' S_r' My Commission Expires April 17, 2012 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Kanon shall invest at least $3,700,000 to purchase new equipment, over a 5 year period. Kanon shall further, over the term of this Agreement, retain 4 full -time jobs and create up to 36 new full -time jobs, with an average annual salary of $50,000 per year as described in the schedule below. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 3 4 275,000 470,000 2 9 7 800,000 500,000 3 8 15 1,200,000 750,000 4 8 24 1,600,000 1,000,000 5 8 32 2,000,000 1,000,000 a. Grants, not to exceed $24,000 per year and a cumulative total of $120,000 over 5 years, are available on a per job created basis. b. Should the Company fall below the Performance Standards in anyone year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. By way of example only: assume a partial Cash Incentive payment is required in the fifth year of this Agreement and the Performance Standards have not been reached. For the purposes of calculating this reduced Cash Incentive, it is agreed that $48,000 or 40% of the Cash Incentive is being given premised on the payroll requirements of this Agreement and $72,000 or 60% is attributable to the capital investment requirements. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: 5th year: 5th year actual: Percent of Total: $2,000,000 $1,500,000 75% 5th year incentive calculation: Reduced Cash Incentive calculation: 40% x 75% x $24,000 = $7,200 Kanon Services Business Incentive Agreement 122011 Annual Investment commitment: 5th. year: $1,000,000 5th year actual: $1,000,000 Percent of Total: 100% Economic Incentive Calculation: 60% x 100% x $24,000 = $14,400 A -1 -508- Total Cash Incentive $7,200 + $14,400 = $21,600 In the 5th year, the Company would receive a reduced Cash Incentive of $21,600 from the Corporation for not meeting the performance goals for annual payroll requirements. 2. The Corporation will award a grant to Kanon based on the formula above, payable not later than June 15 of each year if Kanon makes the required capital investment in buildings, furniture, fixtures and equipment, retains the minimum number of in the preceding year described in paragraph 1 above (collectively, the "annual performance benchmarks "). Kanon-t A -2 -509- BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Kanon Services, Inc. ( "Kanon ") has submitted a proposal to the Type A Corporation for a $120,000 grant for equipping of their existing facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Kanon's equipping of their existing facility; and Kanon Support Agreement Type A City 02082012 Page 1 of 3 —510— WHEREAS, the Type A Corporation, Kanon has executed a business incentive project agreement for the creation and retention of jobs related to Kanon's equipping of their existing facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation and Retention of Jobs between the Type A Corporation and Kanon related to Kanon's equipping of their existing facility ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is March 1, 2012. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. Kanon Support Agreement Type A City 020820/2 Page 2 of 3 -511- b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future Iaw effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the Iaw, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form. , 2012. Charlotte • ..: =m Assista y Attorney for City 1 ttorney Kanon Support Agreement Type A City 02082012 Page 3 of 3 -512- 35 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/17/2012 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Assistant City Manager FROM: Emily Martinez (361) 882 -7448 emartinez @ccredc.com CAPTION: Resolution appropriating a Type A grant to Oneta Company a. Appropriating $300,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Oneta Company ( "Oneta ") for investing in new facilities and new equipment of their existing manufacturing and distribution facilities and the creation and retention of jobs; Changing the FY 2011- 2012 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $300,000; and declaring an emergency.. b. Approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and Oneta Company ( "Oneta "), which provides a grant of up to $300,000, for investing in new facilities and new equipment for its facilities within the City of Corpus Christi, in which Oneta will invest at least $4,700,000 in furniture, fixtures, and equipment and will retain at least 64 current full time jobs with an annual average salary of at least $30,935 over a five year period and the creation and maintenance of 31 additional full time jobs with an average annual salary of at least $30,935 over a five year period, and authorizing the City Manager or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Oneta Business Incentive Agreement for the creation and retention of jobs, BACKGROUND AND FINDINGS: Oneta Company is comprised of the last independent Pepsi bottler in South Texas, Sunrise Vending, and Everest Water. They have been in Corpus Christi since 1973. They plan to invest $4.7 million in furniture, . fixtures, and equipment at their Corpus Christi facility and retain 64 jobs and create up to 31 new jobs with an —515— annual average salary of $30,935. On December 7, 2010 the Type A Board approved a grant to Oneta Company of $295,260 and increased the grant to $300,000 on February 27, 2012. Oneta changed their plans from building on another site when and became available next to their current location. ALTERNATIVES: The company is not eligible for any other incentives besides the Type A grant. OTHER CONSIDERATIONS: Oneta has been a fixture in the Corpus Christi business community since 1973. They continue to grow and add jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Type •A Board FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 150,000 150,000 300,000 300,000 BALANCE 150,000 150,000 Fund(s): Type A Fund Comments: From the Type A Fund RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Oneta Company. LIST OF SUPPORTING DOCUMENTS: Ordinance for Oneta Company Resolution for Type A and City of Corpus Christi agreement Business Incentive agreement (signed 2 copies) Service agreement between Type A and City of Corpus Christi —516— Page 1 of 3 ORDINANCE Appropriating $300,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Oneta Company ( "Oneta ") for investing in new facilities and new equipment of their existing manufacturing and distribution facilities and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $300,000; and declaring an emergency BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $300,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Oneta for investing in new facilities and new equipment of their existing manufacturing and distribution facilities and the creation and retention of jobs. SECTION 2. That Ordinance No. 029155, which adopted the FY 2011 -2012 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $300,000 for a business incentive grant from the Corpus Christi Business and Job Development Corporation to Oneta for investing in new facilities and new equipment of their existing manufacturing and distribution facilities and the creation and retention of jobs. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Type A appropord Oneta 02152012 Joe Adame Mayor -517- APPROVED: /cd ,er % , 2012 Charlott - .rr rem Assist Attorney For City Attorney Type A appropord Oneta 02152012 Page 3of3' Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Type A appropord Oneia 02152012 -519- Page 1 of 3 RESOLUTION Approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and Oneta Company ("Oneta"), which provides a grant of up to $300,000, for investing in new facilities and new equipment for its facilities within the City of Corpus Christi, in which Oneta will invest at least $4,700,000 in furniture, fixtures, and equipment and will retain at least 64 current full time jobs with an annual average salary of at least $30,935 over a five year period and the creation and maintenance of 31 additional full time jobs with an average annual salary of at least $30,935 over a five year period, and authorizing the City Manager or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Oneta Business Incentive Agreement for the creation and retention of jobs WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Oneta, for equipping its facilities within the City, in which Oneta will invest at least $4,700,000 in furniture, fixtures, and equipment and will retain at least 64 current full -time jobs with an average annual salary of at least $30,935 over a five year period, and will create and maintain 31 additional full -time jobs with an average annual salary of at least $30,935 over a five year period, will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Oneta; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Oneta. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Oneta that provides for facilities and equipping its facilities within the City of Corpus Christi, which is attached to this resolution as Exhibit A, is approved. RESOLUTION Oneta Company Business Incentive Agreement 020C 2 Page 2 bf 3 ' SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Oneta, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: Armando •Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED: /5"-- day of Feb ri-eA r , 2012. harlo •` em Assistaty Attorney For City Attorney RESOLUTION Oneta Company Business Incentive Agreement 02 5 Q12 Page Sof 3 Corpus Christi, Texas of 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION Oneta Company Business Incentive Agreement 0252422 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ONETA COMPANY FOR CAPITAL INVESTMENTS AND THE CREATION AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Oneta Company ( "Oneta "), a Texas for profit Corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Oneta is the last independent Pepsi bottler in South Texas; their companies include Sunrise Vending, Everest Water, and Fast Fleet; Page 1 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —523— WHEREAS, Oneta proposes to invest approximately $4.7 million over a five year period; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Oneta, through this Agreement with Oneta, to be used by Oneta to expand their existing manufacturing facilities over a five year period, including the construction of three buildings increasing the area by 29,000 square foot, including furniture, fixtures, and equipment, which will result in creation of up to 31 new full -time permanent jobs in the City of Corpus Christi and the retention of 64 existing full -time jobs, with an estimated annual average salary of $30,935. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Oneta agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date") is the January 1, 2011. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162, Texas Local Government Code, formerly Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. Oneta agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. d. Oneta agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full -time permanent employees employed by the business. e. Oneta shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. Page 2 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —524— 5. Buy Local Provision. a. Oneta agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Oneta warrants and represents to Corporation the following: a. Oneta is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Oneta has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Oneta has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Oneta has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Oneta are duly authorized to execute this Agreement on behalf of Oneta. 7. Compliance with Laws. Oneta shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Oneta covenants and agrees that Oneta will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Oneta are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Oneta are temporarily suspended during continuation Page 3of9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —525— of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Oneta may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. Oneta covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Oneta activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Oneta must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default by Oneta. The following events constitute a default of this Agreement by Oneta: a. The Corporation or City determines that any representation or warranty on behalf of Oneta contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Oneta or any attachment or other levy against the property of Oneta with respect to a claim remains unpaid, undischarged, or not dismissed -for a period of.120 days. c. Oneta makes an assignment for the benefit of creditors. d. Oneta files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 4 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 -526- e. If taxes owed by Oneta become delinquent, and Oneta fails to timely and properly follow the legal procedures for protest or contest. f. Oneta changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Oneta is in default according to the terms of this Agreement, the Corporation or City shall notify Oneta in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Oneta to cure the event of default. 14. Results of Uncured Default by Oneta. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Oneta, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Oneta shall immediately repay all funds paid by Corporation to them under this Agreement. b. Oneta shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Oneta of all sums due, the Corporation and Oneta shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Oneta may be held liable for any consequential damages. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Oneta's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Oneta is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Page 5 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —527— Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Oneta specifically agrees that Corporation shall only be liable to Oneta for the actual amount of the money grants to be conveyed to Oneta, and shall not be liable to Oneta for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Oneta to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Oneta: Oneta Attn: General Manager CC CEO 1401 S Padre island Drive Corpus Christi, Texas 78416 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Page 6 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 -528- c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this. Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Oneta will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Oneta. Any prior Agreements, promises, negotiations, or Page 7 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —529— representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar President Armando Chapa Assistant Secretary Approved. a® to torrn; /-7-- By Char otte ¥ocher' Assistant City y±rney For City Attar =y Page8of9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —530— Oneta Company By: Date: 74, Karl Koch CEO THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on eh2UJp , 2012, by Karl Koch, CEO, for Oneta, a Texas for profit corporation, on beTialf of the corporation. otary Public State of Texas OMAR 0 VERA My Commission Expires December 10, 2013 Page 9 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —531- EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Oneta shall invest at least $4.7 million for expansion of its current operations, over a five year period. Oneta shall further, over the term of this Agreement, retain 64 full -time jobs and create up to 31 new full -time jobs, with an average annual salary of $30,935 as described in the schedule below. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 0 64 1,979,840 822,45d- 2 13 64 2,381,995 3,335,000 3 7 77 2,598,540 180,850 4 7 84 2,815,085 180,850 5 4 91 2,938,825 180,850 a. The capital investment is a cumulative amount.. If the company invests more in one year than required the excess amount is counted against future year amounts. b. Grants, not to exceed $60,000 per year and a cumulative total of $300,000 over five years, are available on a per job created basis. c. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However, if the Company falls below 70% there is no payment for that year. By way of example only: assume a partial Cash Incentive payment is required in the fifth year of this Agreement and the Performance Standards have not been reached. For the purposes of calculating this reduced Cash Incentive, it is agreed that $24,000 or 40% of the Cash Incentive is being given premised on the payroll requirements of this Agreement and $36,000 or 60% is attributable to the capital investment requirements. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: Annual Investment commitment: 5th year: $2,938,825 5th year: $180,850 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 A -1 -532- 5th year incentive calculation: Reduced Cash Incentive calculation: 80% x 40% x $60,000 = $19,200 Total Cash Incentive Economic Incentive Calculation: 100% x 60% x $60,000 = $36,000 $19,200 + $36,000 = $55,200 In the 5th year, the Company would receive a reduced Cash Incentive of $55,200 from the Corporation for not meeting the performance goals for annual payroll requirements. 2. The Corporation will award a grant to Oneta based on the formula above, payable not later than June 15 of each year if Oneta makes the required capital investment in buildings, furniture, fixtures and equipment, retains the minimum number of employees in the preceding year described in paragraph 1 above (collectively, the "annual performance benchmarks "). BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 A -2 -533- BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Oneta Company ( "Oneta ") has submitted a proposal to the Type A Corporation for a $300,000 grant for investing in new facilities and new equipment of their existing manufacturing and distribution facilities; Oneta Support Agreement Type A City 02082012 Page 1 of 3 —534— WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Oneta's investing in new facilities and new equipment of their existing manufacturing and distribution facilities ; and WHEREAS, the Type A Corporation, Oneta has executed a business incentive project agreement for the creation and retention of jobs related to Oneta's investing in new facilities and new equipment of their existing manufacturing and distribution facilities. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation and Retention of Jobs between the Type A Corporation and Oneta related to Oneta's investing in new facilities and new equipment of their existing manufacturing and distribution facilities ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is January 1, 2011. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party, 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or Oneta Support Agreement Type A City 02082012 Page 2 of 3 —535— circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form < 2012. C arlotte Y. Assistant .07; Attorney for City Attorney Oneta Support Agreement Type A City 02082012 Page 3 of 3 —536— 36 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/17/2012 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Assistant City Manager FROM: Mike Culbertson,' (361) 882 -7448 mculbertson @ccredc.com CAPTION: Interlocal agreement with the Downtown Management District. Authorizing the City Manager or his designee to execute a one -year Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District ( "District "), to renew annually automatically, in the annual amount equal to the District's revenue received from the District's ad valorem taxes each fiscal year at an annual minimum of $127,000 for assistance in downtown development and redevelopment activities for FY 2011 -12 and annually thereafter as renewed BACKGROUND AND FINDINGS: The Downtown Management District was formed in 1993 and created to provide the services of Section 375 of the Local Government Code to support the City in the development of the downtown area. The DMD reports quarterly to the City Council. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: This agreement is in keeping with promoting the downtown area for development as a catalyst area. EMERGENCY / NON-EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: —539— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item 127,000 127,000 127,000 BALANCE 127,000 Fund(s): General Fund Comments: This is included in the 2011 -2012 budget. RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into an annual agreement with the Downtown Management District LIST OF SUPPORTING DOCUMENTS: Resolution for signing an interlocal agreement with the DMD Interlocal Agreement (3 copies) Pagel of 2 Resolution Authorizing the City Manager or his designee to execute a one -year Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District ( "District "), to renew annually automatically, in the annual amount equal to the District's revenue received from the District's ad valorem taxes each fiscal year at an annual minimum of $127,000 for assistance in downtown development , and redevelopment activities for FY 2011 -12 and annually thereafter as renewed Whereas, City Council deems that it is the best interest of the City and citizens to approve the Interlocal Cooperation Agreement with the District for assistance in downtown development activities; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or the City Manager's designee is authorized to execute a one year Interlocal Cooperation Agreement with the District in the annual amount equal to the District's revenue received from the District's ad valorem taxes each fiscal year at an annual minimum of $127,000 for assistance in downtown development and redevelopment activities. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary f APPROVED: / day of elk-14g , 2012. harlotte• "em Assist - ity Attorney For City Attorney RESOLUTION - DMD Agreement - 2 -16 -12 Joe Adame Mayor -541- Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION - DMD Agreement - 2 -16 -12 —542— Page .2 of 2 • INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT TO ENCOURAGE THE REDEVELOPMENT OF DOWNTOWN CORPUS CHRISTI This Interlocal Cooperation Agreement ( "Agreement") is made between the Corpus Christi Downtown Management District ( "District "), created under Chapter 375 of the Texas Local Government Code, and the City of Corpus Christi, Texas ( "City "), a municipal corporation. WHEREAS, the District and the City desire to enter into an Agreement under the • Interlocal Cooperation Act to provide for Downtown Corpus Christi redevelopment ( "Project "); Now, therefore, in consideration of the mutual covenants in this Agreement, the City and the District (each, "Party ") authorized by appropriate actions of their governing bodies, agree as follows: I. DEFINITIONS "Corpus Christi Downtown Management District" means a municipal management district created under Chapter 375 of the Texas Local Government Code. "Corpus Christi Downtown Management District Boundary" means the area bounded to the north by Interstate Highway 37, to the south by Kinney Street, to the west by North Lower Broadway, and to the east by Corpus Christi Bay and includes the area within the Corpus Christi Marina. "Downtown Merchants Association Cooperative Marketing Program" means the Corpus Christi Downtown Management District's Marketing /Cooperative Advertising Committee consisting of no Tess than 4 members who represent downtown merchants and retailers. "Merchants" means Corpus Christi Downtown Management District businesses that trade in commodities, either wholesale or retail, that were produced by others, in order to earn a profit. "Retailers" means Corpus Christi Downtown Management District businesses that sell goods or merchandise to consumers from a fixed location, i.e., a shop, in small or individual lots for direct consumption by the purchaser. II. SERVICES 2.1. The District shall provide the following services to provide for the redevelopment of Downtown Corpus Christi: a. Work in conjunction with the City to develop ways to encourage and promote commerce in Downtown Corpus Christi. 2011 DMD Interlocal CPYFINAL 2 -8 -12 Page 1 of 9 —543— b. Maintain, continue, and enhance the current level of projects that provide for a more pedestrian friendly environment and encourage commerce, retail, and residential activities in Downtown Corpus Christi. It currently is delivering: i. Curb sweeping. ii. Landscaping. iii. Event activities. iv. Marketing. v. Park enhancements. c. Assist the City in its downtown development and redevelopment activities, and coordinate its activities with the City. d. Continue its mission to act as a catalyst to strengthen downtown's economic base through: i. Ensuring programs to improve image of Downtown Corpus Christi. ii. Increasing attractiveness through maintenance. iii. Assuring cleanliness and safety of Downtown Corpus Christi. e. Promote the development and expansion of residential housing projects within Downtown Corpus Christi. f. Assist the City with code enforcement and rehabilitation projects within Corpus Christi, including ensuring the proper maintenance of vacant buildings. g. Conduct surveys of the owners of businesses and properties within Downtown Corpus Christi to determine their needs and priorities. h. Assist the City with the establishment of a tax increment reinvestment zone or public improvement district to support infrastructure improvements within Downtown Corpus Christi and adjacent areas and make a recommendation to the City for one District representative to be appointed to the Board of Directors of such tax increment reinvestment zone or public improvement district. i. Recommend projects for consideration of the City's Tax Increment Reinvestment Zone Number 3 (TIRZ #3), and implement projects at the request of the TIRZ #3 board of directors. j. Nominate two District representatives to be appointed members of the Parking Advisory Committee in compliance with Section 53- 196(b)(1)(b), Code of Ordinances. 2011 DMD Interlocal CPYFINAL 2 -8 -12 Page2of9 —544— 2.2. Preliminary plan. a. By May 1 of each year, the District shall prepare and deliver to the City Manager or the City Manager's designee ( "City Manager ") a preliminary plan to deliver services to Downtown Corpus Christi during next fiscal year. b. The preliminary plan must address City Council goals for Downtown Corpus Christi, including a plan to increase commerce in Downtown Corpus Christi, and must state the District's revenue received from the District's ad valorem taxes from the previous fiscal year. 2.3. Plan. The District shall provide its final plan ( "Plan "), which outlines the overall objectives of the District, to the City Manager no later than July 1 of each year. a. The Plan must describe the plan of action for the upcoming year, including a line item budget and significant initiatives. b. Opportunities to develop commerce in Downtown Corpus Christi must be specifically identified and included in the plan. c. Information necessary to describe the District's efforts to help promote and encourage commerce in Downtown Corpus Christi must be included. 2.4. The City agrees to appoint a representative from the City to serve in advisory capacity to the District's Board of Directors. 2.5. The City agrees to have the Mayor or the District's City Council Representative meet with the District's Board of Directors every calendar quarter at the regularly scheduled Board of Director's meetings. III. FINANCIAL REQUIREMENTS 3.1. The parties agree and understand that funding under this Agreement is subject to annual appropriations by the City Council, and that each fiscal year's funding must be included in the City's budget for that year. Funding is not effective until the City's budget is approved by the City Council 3.2. In consideration for the District's performance under this Agreement, City agrees to make payment to the District matching the District's revenue received from the District's ad valorem taxes each fiscal year at a minimum of $127,000, in four equal quarterly payments, for work performed during the fiscal year. a. The payments to the District will be based on the District's revenue received from the District's ad valorem taxes from the previous fiscal year, as stated in the District's Preliminary Plan described in Section 2.2(b) of this Agreement. b. The quarterly payments will be made no later than thirty (30) days after the last business day of the last month of each fiscal year quarter. If the District has not 2011 DMD Interlocal CPYFINAL 2 -8 -12 Page 3 of 9 —545— received their quarterly payment from the City by that due date, the District shall give the City Finance Director notice in writing no later than fifteen days (15) days after that missed due date, requesting payment. c. The City's payments are contingent upon receipt of the District's Quarterly Report for each fiscal quarter, as required by Section 4.1 of this Agreement, within thirty (30) days of the end of that fiscal quarter. For example, the October 31, 2012 quarterly payment is contingent on receipt of the 2012 first quarter report by the City on or before November 30, 2012. d. Any annual increase in the City's payments to the District may not exceed the percentage increase in ad valorem taxes received by the City over the prior year. 3.3. The District shall maintain funds provided under this Agreement in a separate account established for that purpose, and may not commingle City funds with any other funds. a. The separate account is established and clearly identified as General Fund /City Fund. b. The funds provided for under this Agreement must be budgeted for administrative expenses. c. Monies from other District funds may be transferred to the "separate account" to supplement the administrative budget, as long as they are clearly identified and Board of Directors has approved the transfer. 3.4. Expenditures exceeding the total budgeted contract amount must be paid from clearly identified funds of the District. 3.5. Interest earned on funds contributed to the District by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds. The interest earned is available for the District's use. 3.6. The parties agree that receipt of these funds creates a fiduciary duty of the District. 3.7. The District shall provide an independent audit for expenditures of funds allocated under this agreement for each year based on its fiscal year. The District shall provide a copy of the independent audit to the City Manager within one hundred twenty (120) days after the end of the District's fiscal year. 3.8. The accounting records and independent audit must conform to the accounting standards as promulgated by a Certified Public Accountant under Generally Accepted Accounting Standards ( "GAAS ") and to the requirements of applicable state law, so as to include a statement of support, revenues and expenses, and balance sheets for all funds. 2011 DMD ]rater €ocal CPYFINAL 2 -8 -12 Page 4of9 —546— 3.9. Any funds provided by the City that are not expended during the District's fiscal year must be returned to the City with the copy of the District's independent audit. 3.10. The books of account of the funds held by the District must be maintained in a form approved by the City's Director of Finance, and must be available for inspection and copying by the Director, or the Director's authorized agents and representatives, during regular business hours of the District. Records must be maintained for at least 3 years after the expiration or termination of this agreement. 3.11. The District shall reimburse the City for any funds provided under this Agreement that are expended on anything that is not specifically authorized by this Agreement. 3.12. If the District undertakes any special projects at the request of the City Council, the City will reimburse the District for its expenses, but not including the reimbursement for the time of District employees or other administrative expenses, within 30 days from billing by the District. IV. PERFORMANCE REPORTS. 4.1. Performance Reports: The District shall report quarterly to the City Council on its activities and work accomplished. The District shall make any special presentations or prepare specific reports, if requested by the members of the City Council, within thirty (30) days of a request. 4.2. The Quarterly Performance Report is due within thirty (30) days after the end of each fiscal quarter and should include: a. A description of each project undertaken by the District in fiscal quarter. b. The status of projects. c. The amounts expended on each project. d. The accomplishments of its performance measures for the fiscal year, as specified in Article V of this Agreement. V. PERFORMANCE MEASURES. 5.1. The District shall be deemed to have met its performance requirements for the fiscal year upon accomplishment of the following: a. Formation and staffing of a residential development task force, to assist developers of property within the district. 1. Production and distribution of marketing materials on opportunities for residential investment. 2011 DMD Interiocal CPYFINAL 2 -8 -12 Page 5 of 9 —547— 2. Work cooperatively with the City's designee to promote redevelopment of downtown. 3. Work as a liaison with developers regarding code enforcement issues and requirements, and provide contact information for various City services (e.g., Neighborhood Services, Development Services, Economic Development). 4. Support the City's efforts to educate downtown owners on local code enforcement requirements. 5. Identify downtown development needs and proactively work with the City's designee in addressing those issues. b. Operate a Downtown Merchants Association Cooperative Marketing program. 1. Budget no less than five thousand dollars ($5,000.00) for joint advertising for Downtown merchants. 2. Devise and produce cooperative marketing for Downtown retailers. 3. Report issues and concerns expressed by Downtown merchants. c. The value of property within the District increases from the previous fiscal year due to new construction, improvements, or rehabilitation of property within the District. d. The District supports the City's Economic Development program to implement approved Council actions related to downtown improvements, including supporting the City's efforts with the annual Adopt Downtown project. e. The District provides quarterly reports concerning economic, commercial, and demographic data within the District to the City Manager or their designated representative. f. The District continues to improve the cleanliness, landscaping, event activities, marketing, and park enhancement projects currently underway. g. Increase taxable retail sales within the district. The District must obtain the required sales tax reports from the State Comptroller's Office. VI. MISCELLANEOUS 6.1. Implementation. The City Manager and Executive Director for the District are authorized and directed to take all steps necessary or convenient to implement this Agreement. 2011 DMD Interlocal CPYFINAL 2 -8 -12 Page 6of9 —548— 6.2. Warranty. This Agreement has been officially authorized by the governing body of the City and the District, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind theft respective party to this Agreement. 6.3. Administrative Services. The City and the District agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 6.4. Expending Funds. Any payment made by the District or the City for any of the costs or expenses that either incurs under this Agreement must be made out of current revenues available to the paying party as required by the Interlocai Cooperation Act. 6.5. Term of Agreement. a. The effective date of this Agreement ( "Effective Date ") is August 1, 2011. b. Once approved by all Parties, this Agreement is for a term of one year, and automatically renews annually, unless either party cancels its participation by giving written notice to the other parties at least sixty days before the end of each annual term. c. The continuation and renewal of this agreement is contingent upon the continued existence of the District. 6.6. Severability. If any portion of this Agreement, or its application to any person or circumstance, is ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement is not affected and continues to be enforceable under its terms. 6.7. 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. 6.8. 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. 6.9. 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. 6.10. Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void. 2011 DMD interlocal CPYFINAL 2 -8 -12 Page 7 of 9 —549— 6.11. Notices. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Christi City Manager P. 0. Box 9277 Corpus Christi, Texas 78469 -9277 To the District: Corpus Christi Downtown Management District Attn: President 223 N. Chaparral, Suite A Corpus Christi, Texas 78401 6.12. Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the governing bodies of the Parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original all of which shall constitute but one and the same instrument. 6.13. Modifications. No officer or employee of any of the Parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. 6.14. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 6.15. Governing Law and Venue. This Agreement is be governed by the laws of the State of Texas. Venue for an action arising under this Agreement is in Nueces County, Texas. 6.16. Approval. All Parties identified below agree to the provisions and terms of this Agreement. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT By: Date: had Magill Chairman 2011 MID Interlocat CPYFINAL 2 -5 -12 Page 8of9 —550— ATTEST Armando Chapa City Secretary Date: Approved as to legal form: /Gfi�� S , 2012 CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager By: C arlotte em Assista Ity Attorney for City Attorney 2011 DNMD Interlace! CPYFINAL 2 -8 -12 Page 9 of 9 -551- 37 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/29/2012 TO: Ronald L. Olson, City Manager FROM: Stephen. Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 CAPTION: PUBLIC HEARING — CHANGE OF ZONING Urban Engineering (Case No. 0212 -01) Change from "RS -6" Single - family 6 to "RS -4.5" Single - family 4.5 on Tract 1 and "CH" Cottage Housing District Tract 2 Property Addresses: 7546 Slough Road PUBLIC HEARING — ZONING Case No. 0212 -01: Urban Engineering: The applicant is requesting a change of zoning from the "RS -6" Single - family 6 District to the "RS -4.5" Single- family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future land use. The property to be rezoned is described as Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). Planning Commission and Staff's Recommendation:(February 1, 2012): Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2. BACKGROUND AND FINDINGS: • The proposed change of zoning is adjacent to the new Zachary Kolda Elementary School and existing single family residential developments. • The proposed change of zoning is consistent with the projected future land use of the area. • The smaller lots will provide additional opportunities to construct homes Tess than the standard 6,000 square foot Tots including a cottage development. ALTERNATIVES: Denial of the change of zoning to the "RS -4.5" Single- family 4.5 District and "CH" Cottage Housing District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. City Counc• il Executive Summary Memorandum Urban Engineering (Case No. 0212 -01) Page 2 EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE uncnsl: Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation (February 1, 2012): Approval of the requested change of zoning to the "RS -4.5" Single- Family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager K:I LEGAL ISHAREDILEGAL•DEV.SVCS12012 AGENDA & NONAGENDA10212 -01 URBAN ENGINEER]NG103 -01 -2012, 0212 -01 URBAN ENGINEERING, AGENDA MEMO BY.DOCX -556- ZONING REPORT Case No.: 0212 -01 HTE No.: 12- 10000004 Planning Commission Hearing Date: February 1, 2012 Applicant & Legal Description Owner: Brooke Tract, LP Applicant/Representative: Urban Engineering Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). Zoning Request From: "RS -6" Single - Family 6 District To: "RS -4.5" Single - Family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2 Area: 20.763 Acres Purpose of Request: To allow for the construction of single - family homes and a cottage development. Existing Zoning and Land Uses Traffic Volume 2007 Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- Family 6 Vacant Low Density Residential North. "RS -6" Single- Family 6 Vacant Low Density Residential South "RS -6" Single- Family 6 Vacant & Low Density Residential Low Density Residential East "RS -6" Single - Family 6 & "FR" Farm Rural Vacant & Low Density Residential Low Density Residential West "RS -6" Single- Family 6 & "FR" Farm Rural Vacant & Commercial Low Density Residential & Commercial ADP, Map & Violations • Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning to the "RS- 4.5" Single- family 4.5 District and "CH" Cottage District is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 041,031 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the requested "RS -4.5" Single - family 4,5 District on Tract 1 and the "CH" Cottage Housing District on Tract 2 is to allow for the construction of single family homes and a cottage development. • Transportation and Circulation: The subject property fronts upon Slough Road, a collector street. The nearest intersection is Rodd Field Road, an arterial street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Slough Rd. 60' R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A Rodd Field Rd. 130' R.O.W., 79' paved 130' R.O.W., 79' paved Arterial N/A —557— FR RA N C H O � �_ "e.'"*.t PrreAll p •e nCtOsRervPJlM 2/16/2012 CASE: 0212 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamlly1 RM -2 Multifamily 2 RM -3 Multifamily 3 QN Professional Office RM-AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR-3 FR 14 EP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park tL ' Light Industrial IN Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single-Family 10 R5-6 Single- Family 5 RS-4.5 Single- Family4.5 RS-TF Two-Family RS-15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home El Subject Property owners with 200' buffer in favor 4 tab ble ft in opposition cayo Pet Ds? N oR SUBJECT R9--c.,1 Gt 4'a44 PROPERTY rrirrV4CATION MAP i City of Corpus Christi Ordinance amending the Unified Development Code (UDC), upon application by Urban Engineering on behalf of Brooke Tract, LP, Owner, by changing the UDC zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30, and 31, from the "RS -6" Single - family 6 District to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2; 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 Urban Engineering on behalf of Brooke Tract, LP, Owner, for amendment to the City of Corpus Christi UDC, and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 1, 2012, during a meeting of the Planning Commission, and on Tuesday, March 28, 2012, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30, and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26), from "RS -6" Single - family 6 District to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future land use (Zoning Map 041,031; Exhibit "A" - Planning Commission and Staffs Zoning Recommendation). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3, That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED as to form: This % s day of d , 2012 eborah Walther Bra Assistant City Attorne For City Attorney K:1LegaRSHARED \LEGAL- DEV.SVCS12012 Agenda & NonAgenda10212 -01 Urban Engineering103 -01 -2012, 0212 -01 Urban Engineering, Draft Ordinance by EM.doc —560— Page 3of3 Corpus Christi, Texas day of , 2012 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 Kelley Allen Larry Ellzondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:I Legal \SHAREDILEGAL- DEV.SVC512012 Agenda & NanAgenda102112 -01 Urban Engineering103 -01 -2612, 0212 -01 Urban Engineering, Draft Ordinance by EM.doc —5 6 1 — ACHARY KOI DA EMENTARY S 1 SUBJECT PROPERTY TRACT 1 4 D11/1g 9 TRACT 2 1 UBDIVISJON 8 S-U �t!p 34 RANCHO CASE: 0212 -01 Exhibit A Planning Commission & Staff Recommendation From: "RS -6" Single- Family 6 District To: "RS -4.5" Single - Family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2 Ordinance No. LOCATION MAP EIME L... Street Improvement Finance Work Plan CITY COUNCIL WORKSHOP NUMBER 1 MARCH 20, 2012 Street Improvement Finance Work Plan WORKSHOP NUMBER1 Discussion Items: A. Funding Amount: $55 million (existing streets) 1. Funding allocation - Reconstruction 2. Funding allocation - Maintenance 3. Utility work funding requirements 4. Contractor capacity B. Revenue Sources (Pros/Cons) 1. Street fee 2. Property tax 3. Sales tax 4. Legislative authority required options a. Gasoline tax b. Vehicle registration fee c. Increase sales tax authority 5. Assessments Funding Amount/Allocation ➢ Total to get Existing Streets to "good" - $967 M ➢ Committee Recommended - $55 Million/ year ➢ Existing Streets only ➢ Does not Include New Streets or Street Expansion ➢ Funding Allocation (Committee/Staff Recommendations) • RECONSTRUCTION ($860M or 89%) ✓ $30 M 55% ✓ $40 M 73% • MAINTENANCE ($107M or 11%) ✓ $25 M 45% (complete in 4 yrs) ✓ $15 M 27% (complete in 7yrs) Utility Work Funding ➢ RECONSTRUCTION - • Assess Underground Utilities • Historical Utility Relocation Cost - $0.75 : $1.00 ✓ Include in Street Project Cost? ✓ Paid by Utilities? • Street Striping • Curb &Gutter • ADA ➢ MAINTENANCE - • Assess Curb & Gutter Replacement • No Underground Utility Work Planned • OVERLAY ✓ Street Striping, Curb & Gutter and ADA Cost • SEAL COAT ✓ Street Striping & Curb & Gutter Cost Contractor Capacity ➢ Bond 08 - $25 Million /Yr Average ➢ Driver Impact — • Percentage of Street System under Construction ➢ Number of Local Contractors — 2 major ➢ Number of Design Firms ➢ Continuous Revenue vs Bond (every 4 yrs) • Allows Contractors to Invest ✓ Equipment & Manpower • Expands Contractor Interest • Provides Competitive Pricing Revenue Sources 1. Street fee 2. Property tax 3. Sales tax 4. Legislative authority required options a. Gasoline tax b. Vehicle registration fee c. Increase sales tax authority 5. Assessments Street Fee A Pros- • May be directly based on use of streets • Potentially applied to each parcel of property in City Limits • Does not encumber existing revenue • Easily earmarked for street use • Other cities have implemented similar measures • It can be based on equitable usage standards A Cons- • Development of fair and equitable basis may be complex and confusing • Trip miles must be customized to Corpus Christi • Social and economic variables must be considered • Questions of equitability • Is limited to inside city limit businesses/residences • Requires additional billing/collection function • Ability to bond capital construction with user fee as basis to repay debt may be limited Property Tax >Pros — • Easy to assess • Allows for enforcement of payment • Increment of required increase to tax rate is easily identifiable • Basis of collecting revenue is familiar to citizens >Cons — • Property owner pays in proportion to the value of their property, not their use of the street system • More difficult to dedicate exclusively to streets • Requires voter approval if debt for capital expenditure is incurred • Is limited to inside city limit businesses/residences • Tax rate is set annually and may not be consistently levied for streets • Cannot bind future Councils to levy of tax Sales Tax ➢ Pros — • Easy to assess • Visitors contribute towards street maintenance • Collection system already exists • Basis of tax is familiar to citizens ➢ Cons — • Sales Taxes not available for immediate use • Charge is not based on street use • only generates about $5M per year per 1/8th C • City is currently at its capacity for Special Sales Taxes • Type A cannot be used for street maintenance and funds are tied to specific voter approved purposes • Could only be used on streets existing at time of vote • Need voter approval to repurpose existing Special Sales Taxes Sales Tax - Repurposing City RTA Crime Control District Type A -Seawall Type A -Arena Type A -Economic Development 1.000 C 0.500 C 0.125 C 0.125 C 0.125 C 0.125 C • $40M • $ 20M =$ 5M $ 5M • $ 5M • $ 5M In perpetuity In perpetuity April 2018 2026 2026 2018 Sales Tax - Repurposing RTA Sales Tax Redistribution — Pros — Would not require increase in sales tax — just changes % City gets Easy to assess Visitors contribute towards street maintenance Collection system already exists Basis of tax is familiar to citizens Cons — RTA Board only entity that can make that decision Can only repurpose RTA sales tax through legislation If "Out" of the RTA, sales tax would continue to be directed to RTA until their current debt is paid off Legislative Authority Required Options All must wait until 2013 Legislative Session convenes A Gasoline Tax — • Pros — N7 Directly assessed against those using the streets in proportion to their use 1' Other cities already working this option in Austin • Cons — N7 Does not allow differentiation based on vehicle weight N7 Rate required to generate sufficient revenue to cover full cost may be prohibitive A Vehicle Registration Fee — • Pros — N7 Directly assessed against users of street system 1' Can address weight of vehicle • Cons — N7 Requires coordination with, and agreement by County N7 Does not address non -County resident users of system Legislative Authority Required Options > I ncrease Sales Tax Authority — • Pros — • Easy to assess • Visitors contribute towards street maintenance • Collection system already exists • Basis of tax is familiar to citizens • May be leveraged with support from other cities • Cons — • Charge is not based on street use • Type A cannot be used for street maintenance • May only be good for a limited number of years • Need voter approval to increase City's sales tax authorization Street Assessments ➢Pros— • Can be billed directly to residents of streets sealed, overlaid, or reconstructed >Cons — • Residents who agree to assessment may not be the ones against whom it is assessed • Current assessment amount is outdated and needs to be changed Street Improvement Finance Work Plan WORKSHOP NUMBER 1 Workshop Session Number Two March 27, 2012 — Follow-up to topics presented in Workshop One Workshop Session Number Three April 10, 2012 — Discussion Items: City-wide Municipal Management District Division of Resource Consideration (Operating/Capital) Pavement Condition Index considerations Priority rankings of street maintenance Utility work impacts Workshop Session Number Four April 17, 2012 - Follow-up to topics presented in Workshop Four Workshop Session Number Five April 24, 2012 — Discussion Items: Timing considerations Design standards Street cut issues Community outreach plan Other items Street Improvement Finance Work Plan WORKSHOP NUMBERI QUESTIONS?