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HomeMy WebLinkAboutAgenda Packet City Council - 03/27/2012 (W&R). - 4 - - i; a2 .. _..�rSSi a'Y, � a�asx ?�.:.•. [: vz �' -.. ,r: 's '�•f tE u>c[ a�^i n, s•!x'' 10:30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, March 27, 2012 at 10:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to discuss Street Maintenance Funding Plan — Session Two. 11:45 A.M. - Proclamation declaring March 29, 2012 as "Dr. Hector P. Garcia American GI Forum Founder Day" Proclamation declaring March 31, 2012 as "13t Annual Celebration of Cesar Chavez Day" Proclamation declaring March 31, 2012 as "Wild for Wellness Fitness Fiesta with the Junior League of Corpus Christi" Proclamation declaring the month of April, 2012 as "Sexual Assault Awareness Month" Proclamation declaring the month of April 2012 as "Autism Awareness Month" Swearing -in ceremony for newly appointed board, commission and committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MARCH 27, 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 cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Henry Williams. 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 27, 2012 Page 2 E. MINUTES: 1. Approval of Workshop and Regular Meeting of March 20, 2012. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. * Building Standards Board G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. 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 Agenda Regular Council Meeting March 27, 2012 Page 3 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 #3) 4. 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 #4) 5. 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 #5) 6. 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 #6) Agenda Regular Council Meeting March 27, 2012 Page 4 7. 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 #7) 8. 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 #8) 9. 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 #9) 10. Purchase of software interface for Police Forensic services Motion approving the purchase of an interface for the Laboratory Information Management System (LIMS) and (Leads 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 #10) Agenda Regular Council Meeting March 27, 2012 Page 5 11. 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 #11) b. 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. (Attachment #11) 12. 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 #12) b. Ordinance appropriating a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). (Attachment #12) 13. 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 #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 #13) Agenda Regular Council Meeting March 27, 2012 Page 6 14. 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 #14) 15. 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 #15) 16. 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 #16) Agenda Regular Council Meeting March 27, 2012 Page 7 17. Ordinance •authorizing approval of amendments to athletic league lease agreements a. Ordinance authorizing the City Manager 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 #17) b. Ordinance authorizing the City Manager or designee to amend the [ease 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 #17) 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 #17) 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 #17) 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 McArdie Road for its kickball program to end in February 2016 by amending section regarding water utilities. (Attachment #17) 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 2014 by amending section regarding water utilities. (Attachment #17) Agenda Regular Council Meeting March 27, 2012 Page 8 g. 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 #17) 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 #17) 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 #17) 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 #17) 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 #17) 1. 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 #17) Agenda Regular Council Meeting March 27, 2012 Page 9 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 #17) 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 #17) 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 #17) P. R. 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 #17) Ordinance authorizing the City Manager or designee to execute five -year lease agreement with Universal Lithe League for the use of Greenwood /Horne Youth Sports Complex for its baseball program. (Attachment #17) 18. Approval of professional services contract for Staples Street water 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 #18) 19. 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 Agenda Regular Council Meeting March 27, 2012 Page 10 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 #19) 20. Approval of construction contract for traffic sianaiization 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 and Additive Alternate No. 1. (Bond 2008) (Attachment #20) 21. Amending Code of Ordinances and appropriating funds for additional authorized expenses for Municipal Court a. Second 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. (First Reading 3/20/12) (Attachment #21) b. Second 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. 1035 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. (First Reading 3/20/12) (Attachment #21) c. Second 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. 1036 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. (First Reading 3/20/12) (Attachment #21) Agenda Regular Council Meeting March 27, 2012 Page 11 d. Second 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. (First Reading 3/20/12) (Attachment #21) 22. Appropriating funds for the school crossing guard program for FY 2012 Second 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. (First Reading 3/20/12) (Attachment #22) 23. Renaming of ball field at 1901 Paul Jones Avenue Second Reading Ordinance — Naming ball field at Southside Sports Complex at 1901 Paul Jones Avenue the Raymond R. Dulak, Jr. Ball Field. (First Reading 3/20/12) (Attachment #23) 24. Amendments to Code of Ethics Second Reading Ordinance — Amending the Code of Ethics provisions regarding conflicts of interest and complaint procedures. (First Reading 3/20/12) (Attachment #24) L EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Agenda Regular Council Meeting March 27, 2012 Page 12 • 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 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. J. PUBLIC HEARINGS: ZONING CASES: 25. 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, Section 26, 20.763 acres out of Lots 29, 30 and 3.1, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). (Attachment #25) 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. 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 Agenda Regular Council Meeting March 27, 2012 Page 13 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; and providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 26. 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 #26) 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 #26) Agenda Regular Council Meeting March 27, 2012 Page 14 27. Approval of Type A grant for Oneta Company and appropriation of funds . ism 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 #27) 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 #27) FIRST READING ORDINANCES: 28. Approval of lease agreement with Girl Scouts of Greater South Texas First Reading Ordinance — Authorizing the City Manager or designee to execute a lease agreement with Girl Scouts of Greater South Texas for the use of a 76 -acre tract adjacent to Lake Corpus Christi through December 31, 2041. (Attachment #28) Agenda Regular Council Meeting March 27, 2012 Page 15 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: 29. Approval of lease purchase of street repair equipment Motion approving the lease purchase of two Bomag Tandem Vibratory Rollers from Anderson Machinery, of Manor, Texas for a total amount of $196,960.00 of which $10,551.81 is required for FY201112012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). The equipment will be used by the City's Street Department. All units are replacements to the fleet. Funds for the lease purchase of the Rollers will be provided by the City's lease /purchase financing program. (Attachment #29) 30. Acceptance of extension from State for Women, Infant, and Children (WIC) program a. Resolution authorizing the City Manager or designee to accept a six -month grant extension from the Texas Department of State Health Services (TDHS) for the Women, Infants and Children (WIC) Program for April 1, 2012 — September 30, 2012, and to execute all related documents. (Attachment #30) b. Ordinance appropriating a grant amendment in the amount of $500,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants and Children Program resulting from an extension of the term of the grant agreement. (Attachment #30) 31. Approval of agreement for future improvements to Williams Drive Resolution authorizing the City Manager or designee to execute an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Agenda Regular Council Meeting March 27, 2012 Page 16 Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive with the City's participation in the amount of $8,562. (Bond Issue 2008) (Attachment #31) 32. Approval of temporary street closures for Texas International Boat Show Motion approving the temporary street closures of the Peoples Street T -Head and the northbound lanes of Shoreline Boulevard (including medians) from the north curb line of Schatzell Street to the south right -of -way of Taylor Street, beginning at 6:00 a.m. on Monday, April 16, 2012 and ending at 6:00 p.m. on Monday, April 23, 2012, for the Texas International Boat Show. (Attachment #32) 33. Approval of temporary street closures for 2012 Buc Days Motion approving the temporary street closure applications from the Buccaneer Commission for the 2012 Buc Days events to begin on April 13, 2012 through May 5, 2012. The following street closures will be required for the festivities: (Attachment #33) BBQ Challenge and Rodeo Truck Trailer Parking - beginning April 15, 2012 at 8:00 a.m. through April 23, 2012 at 12:00 a.m.: • Street closure of North Broadway Street between Fitzgerald Street and Brewster Street • Street closure of Fitzgerald Street between North Broadway Street and Mesquite Street • Street closure of Resaca Street between Chaparral Street and Shoreline Boulevard • Street closure of southbound Shoreline Boulevard between Resaca Street and the South Texas Art Museum Carnival - beginning April 23, 2012 at 6:00 p.m. through May 7, 2012 at 9:00 a.m.: • Street closure of southbound Shoreline Boulevard between Kinney Street and Park Street • Street closure of Kinney Street between south and northbound Shoreline Boulevard • Street closure of Born Street between Water Street and southbound Shoreline Boulevard Agenda Regular Council Meeting March 27, 2012 Page 17 • Street closure of Broadway Court between Water Street and southbound Shoreline Boulevard • Street closure of Park Avenue south and northbound Shoreline Boulevard 34. Approval of professional services contract with HDR Engineering for bayfront seawall maintenance and repairs a. Ordinance amending the FY2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894. (Attachment #34) b. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with HDR Engineering, of Corpus Christi, Texas in the amount of $150,894 for the Bayfront Seawall Repairs. (Attachment #34) 35. Approval of municipal maintenance agreement with TxDOT Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision and regulation of certain state highways and/or portions of state highways in the City of Corpus Christi. (Attachment #35) FUTURE PUBLIC HEARINGS: 36, Zoning change from property located at 6009 Holly Road from commercial mercial to residential Case No. 0212 -03. Encore Multi- Family, LLC.: The applicant is requesting a change of zoning from "CG -1" General Commercial District to "RM -2" Multi- family 2 District, resulting in a change of future and use from commercial to medium density residential. The property to be rezoned is 6.80 acres out of Lots 5 -0 and 5- D, Lokey Subdivision and Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. (Attachment #36) Agenda Regular Council Meeting March 27, 2012 Page 18 Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RM -2" Multi - family 2 District. 37. Zoning change from property located at 6093 Dunbarton from commercial to residential Case No. 0212 -04 -City of Corpus Christi: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive. (Attachment #37) Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. 38. Zoning change from property located at 3221 Ebony Street from residential to commercial on Tract 1 and Tight industrial on Tract 2 Case No. 0212 -02 Flint Hills Resources Corpus Christi, LLC: The applicant is requesting a change in zoning from "RS -6" Single Family 6 District, "RS -6" Single Family 6 District / Special Permit / 78 -16 and "RS -TF" Two Family District / Special Permit/78 -16 to "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2, resulting in a change of future land use. The property to be rezoned is 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right of way) and Baymoor Boulevard (50 -foot right -of -way), all in Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. (Attachment #38) Planning Commission and staffs recommendation: Approval of the change in zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. Agenda Regular Council Meeting March 27, 2012 Page 19 UPDATES TO CITY COUNCIL: 39. Convention and Visitors Bureau Quarterly Productivity Update (Attachment #39) 40. Bond Issue 2008 Street Program Update (Attachment #40) 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. O. CITY MANAGER'S COMMENTS: * Update on -City Operations Agenda Regular Council Meeting March 27, 2012 Page 20 P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bullet! board at the front entrance to City Hall, 1201 Leopard Street, at ' • O p.m., on March 22, 2012. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. MINUTES City of Corpus Christi, Texas Council Workshop Meeting March 20, 2012 10:30 a.m. Present: Mayor Pro Tem David Loeb Council Members: Chris Adler Kelley Allen Priscilla Leal John Marez* Nelda Martinez Mark Scott* Absent Mayor Joe Adame Larry Elizondo *Arrived at 10:36 City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Loeb called the workshop meeting to order in the Council Chambers of City Hall. City Secretary Chapa called the roil and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. City Manager Olson announced that the intent of the workshop is to discuss the recommendations received by the Street Maintenance Finance Committee and answer questions from the Council on the finance work plan. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the funding amounts and allocation recommendations for reconstruction and maintenance; utility work funding; contractor capacity; consideration of revenue sources; the pros and cons of the revenue sources including a street fee, property tax, sales tax, legislative authority options, and street assessments; and upcoming workshop calendar and topics. The following topics were discussed: the evaluation of other street improvement needs; the ability to do more reconstruction work by bonding instead of pay as you go option; expanding contractor interest; Regional Transportation Authority funding and the impact buses have to streets; seawall funds; street user fees; utility revenue bonds; incorporating constant rate in ordinance for property tax; binding future councils; vehicle registration fee; gasoline tax affecting local businesses; impact to customers for utility rate increase; other cities experience with collection of street fees; changing design standards; raising the tax cap; the percentage of sales tax paid by non- residents; customer demographics; whether other cities that have street user fee have exemptions; consideration of hybrid sources of funding; Nueces County's responsibility for street maintenance; heavy user fee; time frame for legislative changes, legislative history on local vehicle registration and fuel tax; the number of current street assessments; and the water and wastewater debt capacity. There being no further business to come before the Council, Mayor Pro Tem Loeb adjourned the Council workshop at 12:01 p.m. on March 20, 2012. —1— MINUTES City of Corpus Christi, Texas Regular Council Meeting March 20, 2012 - 12:00 p.m. Present: Mayor Pro Tem David Loeb Council Members: Chris Adler Kelley Allen Priscilla Leal John Marez Nelda Martinez Mark Scott Absent Mayor Joe Adame Larry Elizondo City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Loeb called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Scott Higginbotham with Lexington Baptist Church and the Pledge of Allegiance to the United States Flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Pro Tem Loeb called for approval of the minutes of the Regular Council meeting of February 28, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENT The council made the following new appointments or reappointments to the city's boards, commissions and committees: Committee for Persons with Disabilities Thomas Deyer Irene Martinez Bertha Romero Donnie Contreras Electrical Advisory Board Kevin L. Martinez Island Strategic Action Committee J.J. Hart Gabriel Hilpold Alex Harris Charles Mader James Needham William Goldston -3- Minutes - Regular Council Meeting March 20, 2012 Page 2 North Padre Island Development Corporation Joe Adame Chris N. Adler, President David Loeb Kelley Allen Larry Elizondo Retired and Senior Volunteer Program Advisory Committee Joe Benavides CONSENT AGENDA Mayor Pro Tem Loeb called for consideration of the Consent Agenda (Items 3 - 6). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2012 -051 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. The foregoing motion was passed and approved with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. 4. MOTION NO. 2012 -052 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. The foregoing motion was passed and approved with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. 5. MOTION NO. 2012 -053 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. The foregoing motion was passed and approved with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. Minutes - Regular Council Meeting March 20, 2012 Page 3 6.a. ORDINANCE NO. 029388 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) An emergency was declared, and the foregoing ordinance was passed and approved on its second reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. 6.b. ORDINANCE NO. 029389 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) An emergency was declared, and the foregoing ordinance was passed and approved on its second reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. 6.c. ORDINANCE NO. 029390 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) An emergency was declared, and the foregoing ordinance was passed and approved on its second reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. 6.d. ORDINANCE NO. 029391 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) An emergency was declared, and the foregoing ordinance was passed and approved on its second reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. • Minutes - Regular Council Meeting March 20, 2012 Page 4 EXECUTIVE SESSIONS Mayor Pro Tem Loeb announced the executive sessions which were listed on the agenda as follows: 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 of 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. 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 156' 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. The council went into executive session. The council returned from executive session. Mayor Pro Tem Loeb announced that no action would be taken an the executive sessions. PUBLIC HEARINGS Mayor Pro Tem Loeb referred to Item No. 7, and a motion was made and passed to open the following public hearing: 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. Dan McGinn, Development Services referred to a powerpoint presentation including the current aerial view; existing land use; regional future land use and transportation plan; future land use; views of the subject property; site plan for the facility; and ownership map. Mr. Ginn stated that Planning Commission's and staffs recommend 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. Minutes - Regular Council Meeting March 20, 2012 Page 5 Council Member Scott made a motion to close the public hearing, seconded by Council Member Adler. City Secretary Chapa polled the council for their vote as follows: 7. ORDINANCE NO. 029392 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 -Z 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. (Note: Council Member Martinez was originally absent for the vote on Item 7 and the Council concurred to accept her vote of "Aye ".) Mayor Pro Tem Loeb referred to Item No. 8, and a motion was made and passed to open the following public hearing: 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. Dan McGinn, Development Services referred to a powerpoint presentation including an aerial view; an existing land use map; future land use map; ownership map; and views of the subject property. Mr. McGinn reported that Planning Commission and staff recommend approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. Council Member Marez made a motion to close the public hearing, seconded by Council Member Leal. City Secretary Chapa polled the council for their vote as follows: 8. ORDINANCE NO. 029393 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. (Note: Council Member Martinez was originally absent for the vote on Item 7 and the Council concurred to accept her vote of "Aye ") Minutes - Regular Council Meeting March 20, 2012 Page 6 Mayor Pro Tem Loeb referred to Item No. 9, and a motion was made and passed to open the following public hearing: 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. Dan McGinn, Development Services referred to a powerpoint presentation including an aerial photo; existing land use map; future land use map; regional future land use plan; views of the subject property; and ownership map. Mr. McGinn stated that Planning Commission and staff recommend approval of the change of zoning to the "CG -2" General Commercial District. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Leal. City Secretary Chapa polled the council for their vote as follows: 9. ORDINANCE NO. 029394 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. FIRST READING ORDINANCE Mayor Pro Tem Loeb referred to Item No. 16. Jennifer Dragoo, Chairperson of the Ethics Commission, presented this item and provided clarification on the changes made to the ordinance based on the council members comments during the presentation on February 28th Mayor Pro Tem Loeb called for a brief recess from Item 16 to listen to public comment. PUBLIC COMMENT Mayor Pro Tem Loeb called for comments from the public and there were none. FIRST READING ORDINANCE Mayor Pro Tem Loeb returned to discussion on Item 16. Discussion continued regarding the inclusion of language regarding the penalty for filing a false report. Mayor Pro Tem Loeb called for comments from the audience. Abel Alonzo spoke regarding the ethics ordinance. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 20, 2012 Page 7 16. FIRST READING ORDINANCE Amending the Code of Ethics-provisions regarding conflicts of interest and complaint procedures. The foregoing ordinance was passed and approved on its first reading with the following vote: Loeb, Adler, Allen, Martinez, and Scott, voting "Aye "; Leal and Marez voting "No "; Adame and Elizondo were absent. Mayor Pro Tem Loeb referred to Item 15. Stacie Talbert, Assistant Director of Parks and Recreation, provided a background on the naming of a ballfield at the Southside Sports Complex for Raymond R. Dulak, Jr. Mayor Pro Tem Loeb called for comments from the audience. Ethel Dulak and Bill Kopecky spoke regarding this item. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Naming ball field at Southside Sports Complex at 1901 Paul Jones Avenue the Raymond R. Dulak, Jr. Ball Field. The foregoing ordinance was passed and approved on its first reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. REGULAR AGENDA Mayor Pro Tem Loeb referred to Item 10. Dan McGinn, Development Services referred to a powerpoint presentation including original case; existing land use map; future land use map; aerial photo; site plan; original ordinance special permit conditions; and Planning Commission and staff's recommendation to approve the extension of the Special Permit. Mayor Pro Tem Loeb asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 029395 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Loeb, Adler, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame, Allen and Elizondo were absent. Mayor Pro Tem Loeb referred to Item 11. Interim Director of Engineering Services Dan Biles stated that this item is authorizing the execution of a construction contract with Grace Paving & Construction for Wooldridge Road from Rodd Field Road to Quebec Drive. Mayor Pro Tem Loeb asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 20,2012 Page 8 11. MOTION NO. 2012 -054 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). The foregoing motion was passed and approved with the following vote: Loeb, Adler, Allen, Leaf, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. Mayor Pro Tem Loeb referred to Item 12 and announced that he would be abstaining from the discussion and vote on this item. Council Member Scott made a motion to appoint Council Member Marez as temporary chair, seconded by Council Member Martinez and passed. Police Captain Jerry Vesely explained that this item is an amendment to the contract with RedFlex Traffic Systems for red Light enforcement program. Temporary Chair Marez asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 12.a. MOTION NO. 2012 -055 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. The foregoing motion was passed and approved with the following vote: Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Loeb abstained; Adame and Elizondo were absent. 12.b. MOTION NO. 2012 -056 Motion executing a Standard Form Citation Verification Services Program Agreement between the City of Corpus Christi and Redflex Traffic Systems, Inc. The foregoing motion was passed and approved with the following vote: Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye"; Loeb abstained; Adame and Elizondo were absent. FIRST READING ORDINANCE Mayor Pro Tem Loeb referred to Item 13. Jay Reining, interim Director of Municipal Court explained that this item included an ordinance amending the code of ordinances and ordinances appropriating funds for building security, technology, and juvenile case managers. Mayor Pro Tem Loeb asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 13.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. The foregoing ordinance was passed and approved on its first reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. Minutes - Regular Council Meeting March 20, 2012 Page 9 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. 13.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. The foregoing ordinance was passed and approved on its first reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. Mayor Pro Tem Loeb referred to Item 14. Pat Eldridge, Police, stated that this item is an ordinance appropriating funds to continue the school crossing guard program. Mayor Pro Tem Loeb asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 14. 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Loeb, Adler, Allen, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Elizondo were absent. Minutes - Regular Council Meeting March 20, 2012 Page 10 FUTURE AGENDA ITEMS Mayor Pro Tem Loeb referred to the Future Agenda Item section on the agenda (Items 17 - 37). Mayor Pro Tem Loeb 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 24, 30, 32, 33, 34, 35, 36, and 37. 17. 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- 20.12. 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. 18. 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. 19. Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, of Dallas, Texas fora 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. 20. 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. 21. 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. 22. 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. _1 2_ Minutes - Regular Council Meeting March 20, 2012 Page 11 23. 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. 24. Motion approving the purchase of an interface for the Laboratory Information Management System (LIMS) and (Leads 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. 25.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. 25.b. 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. 26.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). 26.b. Ordinance appropriating a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). 27.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. 27.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. 28. 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. 29. 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. Minutes - Regular Council Meeting March 20, 2012 Page 12 30.a. Ordinance authorizing the City Manager 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. 30.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. 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. 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. 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. 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 2014 by amending section regarding water utilities. 30.g. 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. 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. 30.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. 30.j. 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. 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. —14-- Minutes - Regular Council Meeting March 20, 2012 Page 13 30.1. 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. 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. 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. 30.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. 30.p. 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. 30.q. 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. 31. 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. 32. 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 CreeklOso 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) 33. 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) 34.a. Ordinance appropriating $120,000 from the Unreserved Fund balance in the No. 1140 BusinesslJob 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. 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 _15_ Minutes - Regular Council Meeting March 20, 2012 Page 14 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. 35.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. 35.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. 36. 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. 37. 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: 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. CITY MANAGER COMMENTS City Manager Olson provided an update on the recruitment of the Director for Municipal Court position. Mr. Olson stated that interviews were conducted and he is currently working on an offer with one of the candidates. There being no further business to come before the Council, Mayor Pro Tenn Loeb adjourned the Council meeting at 5:42 p.m. on March 20, 2012. —16- 2 { a. BUILDING STANDARDS BOARD — Two vacancies with terms to 3- 03 -15, one representing Member at Large, one which shall be chosen from the following: Realtor, Architect, Engineer, General Contractor, Home Builder, or Building Materials dealer. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and homeowners; one shall be a lawyer, three (3) chosen from: reactor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year staggered terms. Elects its own chairman. MEMBERS Michael A. McCauley (Lawyer) *****Ted Stephens (Engineer), Chair Randal Salazar (Member at Large) Ramiro Munoz III (Engineer) * * * **Frank Hastings (Member at Large) Clarissa Beltran (Member at Large) Shane Torno (Engineer) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERMS 3 -03 -14 3 -03 -12 3 -03 -14 3 -03 -14 3 -03 -12 3 -03 -13 3 -03 -13 ORIGINAL APPTD. DATES 2 -22 -11 3 -21 -06 2 -23 -10 2 -22 -11 5 -17 -05 2-23-10 8 -18 -09 (The Building Standards Board is recommending the new appointments of Shawn Bodine for the category of Engineer and Peggy Mettlen for Member At Large.) INDIVIDUALS EXPRESSING INTEREST: Alice Aparicio - Bussey Shawn P. Bodine Realtor, Keller Williams Realty. Attended Del Mar College. Licensed Real Estate Agent over 25 years. Activities include: Keller Williams Cares, and Corpus Christi Citizens Police Alumni Association. (Member At Large or Realtor) (03119112) Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A &M University- Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (Member At Large or Engineer) (618111) _1 9_ Vincent E. Doyle Debbie Ehlen Denise Gallimore Lee R.- Hassrnan Julia McCoy Taylor Mauck Cathy Mehne Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (Member At Large) (4/12111) Executive Director, Associated General Contractors South Texas Chapter. Twenty -five years corporate experience including Financial Controls, Administration, Apprenticeship Grant Program, Building and Contract Management. Twenty years Executive level non - profit experience. Activities include. Texas Building Branch, Del Mar College Advisory Committee, Chamber of Commerce Infrastructure Committee, Mayor's Interagency Committee as Construction Industry advisor, CCISD Selection Committee for building schools, liaison for the CC Regional Economic Development Corp., and Professional Women's Association. (Member At Large or General Contractor) (3107112) Grant Development Specialist, Del Mar College. Licensed Texas Realtor with Group On e Real Estate. Also a Licensed Massage Therapist with Island Day Spa. (Member At Large or Realtor) (3120112) Managing Partner/Realtor, Tropical.. _Realtor... Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (Member At Large or Realtor) (3/19112) Realtor, Group One Real Estate. Former City employee (+5 yrs) as Assistant to the Director of Development Services, and Staff assistant to the Building Code Board of Appeals (BOA), Electrical Code BOA, and Plumbing/Mechanical BOA. (Member At Large or Realtor) (3120112) 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. (Member At Large or Architect) (4114111) Self - Employed Real Estate Agent, Coldwell Banker Pacesetter Steel Realtors. Worked in Oil & Gas Industry Administrative position for 15 years. Currently remains in the Top 10 Producers for Coldwell Banker PS over past 10 Peggy E. Mettlen Abel A. Sanchez Charles Schibi, P.E. Theunis A. Voorkamp David Wallace years. Activities include: Texas Real Estate Political Action Committee Chair, 2010 and 2012, and Corpus Christi Association of Realtors Board of Directors. (MemberAtLarge or Realtor) (3116112) Contracts & Special Projects Administrator, Port of Corpus Christi Authority. Received a B. A. in Liberal Arts from Wichita State University, Wichita, Kansas. Has worked for the Port of Corpus Christi for over 20 years with various engineers. Reviewed and edited construction and real estate contracts as Contracts and Special Projects Administrator. (Member At Large) (3114112) 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. (Member At Large) (4112/11) Owner, Apex Engineers and Consultants, Inc. Received B.S. in Civil/Structural Engineering, Texas A &M- Kingsville. Also obtained AA in Industrial Education, AA in Applied Sciences, and an AA in The Arts. Activities include: American Society of Civil Engineers, American Society_ of Mechanical Engineers, Habitat for Humanity Board Member, CC Chamber of Commerce, CC Hispanic Chamber of Commerce, West Side Business Assn., Previous Zoning Board of Adjustment member, and previous Board of Trustees for Texas Lighthouse for the Blind. (Member At Large or Engineer) (Homebuilder) (Architect) (General Contractor) (3112112) Broker/Managing Partner /Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (Member At Large or Realtor) (Homebuilder) (3119112) Real Estate Broker /Owner, Selncc, Inc. dba Windward Properties. Received a BA in PhotoJournalism from Stephen F. Austin University. Licensed Real Estate Broker in Corpus Christi for past 30 years. (Member At Large or Realtor) (Homebuilder) (General Contractor) (03119112) _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 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 1 NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line item Budget $488,941.08 $398,694.27 $887,635.35 Encumbered 1 Expended Amount 336,065,92.. 0.00. . 336.,065.92. This item 6,757.53 398,694.27 405,451.80 BALANCE $146,117.63 0.00 $146,117.63 Fund(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 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE 03/27/12 PRICE SHEET COOPERATIVE PRICING - BUYBOARD & HGAC ITEM DESCRIPTION QTY. UNIT ANDERSON MACHINERY MANOR, TEXAS NUECES POWER EQUIPMENT CORPUS CHRISTI, TEXAS NUECES POWER EQUIPMENT CORPUS CHRISTI, TEXAS H & V EQUIPMENT PROGRESO, TEXAS HOLT CAT DALLAS, TEXAS DOGGETT MACH NERY HOUSTON, TEXAS Unit Price Extended Price Unit Price Extended Price Unit Price Extended Piice Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1. Liugong-LG 856 -ill wheel loader, includes extended warranty - 5 years or 7500 hours and a maintenance contract - 5 years or 7500 hours. 2 Each $189,814.84 $379,629.68 $202,494.00 $404,988.00 $228,483.50 $456,967.00 $244.610.38 $489.220.76 $273,179.00 $546,358.00 $273.526.57 $547,053.14 I r Award Total $379,629.68 $404,988.00 $456,967.00 $489,220.76 $546,358.00 cNI $547,053.14 4 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 wilt. 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 City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Department —31— 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 —32— CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: MARCH 27, 2012 Item Description PRICE SHEET HGAC CONTRACT # GC01 -11 CURBSIDE RECYCLE CONTAINERS Toter Incorporated Statesville, NC Qty. Unit Unit Extended Price Price 1 2,940 96- gallon curbside recycle containers TOTAL: 1 Lot $ 149,899.00 $ 149,899.00 $ 149,899.00 5 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 Lease purchase of one (1) Caterpillar Pneumatic Roller CAPTION: 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 1 NON - EMERGENCY: Not Applicable -37- 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 $38,577.42 BALANCE $38,577.42 0.00 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 —38— CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIORBUYER - TOM RICHEY COUNCIL DATE: MARCH 27, 2012 ITEM DESCRIPTION QTY. UNIT Price Sheet Buyboard Contract #345-10 HOLT-CAT Dallas, Texas Unit Price Extended Price 1. Caterpillar PS -150C HW Pneumatic Roller- 100hp with 5 year/5,000 Hrs. Full Machine Warranty TOTAL: 1 each $101,554.00 $101,554.00 $101,554.00 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 Lease Purchase of four (4) Side Loading Refuse Trucks CAPTION: 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. EMERGENCY 1NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP 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 $21,1 13.32 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. 4 EACH $296,530.00 $1,186,120.00 TOTAL $1,186,120.00 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: Purchase of twelve (12) Chevrolet Tahoes 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. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY I 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 Ocarias, Assistant City Attorney Constance Sanchez, Director of F inancial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager 4 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 0-Y UNIT UNIT EXTENDED PRICE PRICE 1. 2011 Chevrolet Tahoe 2WD 2. 2011 Chevrolet Tahoe 4WD 3. BuyBoard Fee 10 2 1 EA $26,617.00 $266,170.00 EA $30,496.00 $60,992.00 EA $400.00 $400.00 TOTAL: $327,562.00 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) Trommel Screen. RECOMMENDATION: Motion approving the lease purchase of one (1) trommel screen from McCourt & Sons Equipment, 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 trommel 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. -55- 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 BALANCE _ $125,317.95 $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 Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —5 6- 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 Trammel with reversing fan, king pin hitch, and 112" x 1/2" Screen. 1 Each Unit Price $292,125.00 Extended Price $292,125.00 Award Total $292,125.00 9 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 Purchase of specialized equipment (Bid Invitation No. B1- 0112 -12) CAPTION: 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 f NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department - 61 - 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 $1-50.607.93 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 10 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 richardbalcctexas.com CAPTION: Michael Armstrong, Director of Information Systems 826 -3735 Michaelaracctexas.com Approving the purchase of a software interface Motion approving the purchase of an Interface for the Laboratory Information Management System (LIMS) and (Leads 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 (leads. 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: -65- Adheres to all city policies. EMERGENCY 1 NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: MIS Legal Grants FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP 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 Fund(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 1PH 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. corn 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. Supplemental 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). Navies 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 xmi 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 IQs for the requested pieces of property. Intergraph shall: 1) Provide single point 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 2417 VPN access (with login/password) Project Deliverables • Remote configuration and implementation • I/LEADS Web Service Interface — Property Records • I/LEADS 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 IILEADS picklist values for any field that uses picklist data entry and that all values sent will conform to I/LEADS 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: (i) 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 —68— PayMeflt Milestone . Payment Percentage .. Upon execution of this SOW. 50% Upon City's written acceptance that the services have been successfully completed. 50% Intergraph will submit the invoice(s) to: City of Corpus Christ, 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 pallack(a,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 _69_ 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: Name: Jennifer Williams, Director, U.S. Sales Accounting Signatu Authorized City Signature: Name: Signature: A ern Date: 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 Approved es to ion. Lisa Aguila Assistant Attorney For City Attorney Intergraph Corporation Attn: Doug Hawkins 19 Interpro Road Madison, AL 35758 Page 4 of 22 _70— Attachment A-I: 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 612 (Indemnification by You) and Section 12 will be limited to the extentallowed by Texas law. Malntenence For°.any 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 ofdevelopmentand 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 oost 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 does 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 STATED 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 settee 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 —71 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 a f 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 net income. The City agrees to pay Intergraph any applicable Taxes or .provide Intergraph documentary evidence.af an appropriate statutory exemption. 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 plane 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 undsrtakings.are superseded hereby, In the event of a conflict between the terms and conditions of Attachrent A -1 (Terms and Conditions) and any other terms and condition of the SOW the terms. and conditionsof Attachment A-1 shall prevail. Page 6 of 22 —72— Attachment A -2: Insurance Requirements INSURANCE REQUIREMENTS 1. 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 furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. ll. 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 farce and effect for the duration of this Contract, and any extension hereof, at Contractor's 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 7of22 —73— • 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 . —74— Attachment A -3: Project Deliverable Sign Off Form .,..._ ....„. NITRG H PROJECT DELIVERABLE SIGN OFF FORM CUSTOMER NAME, ANYWHERE USA — PROJECT NAME submission Date: Month /Day /Year sign -Off Target Date: Month /Day /year Submitted Ely: Intergraph Contact Name 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 0 Training ■ DELIVERABLE INFORMATION DELIVERABLE DESCRIPTION SAMOUNT OF PYMT THIS SECTION DESCRIBES THE DELIVERABLE (ii`applicablej With the deliverable described above complete, the Customer shall have fiver 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 delivera ble shall be based solely upon the deliverable meeting the requirements stated in the Agreement between Intergraph and CUSTOMER NAME dated Month/Day/Year and shall be indicated by the Customer signing the Project Deliverable Sign -off form. if the Customer does not provide such sign -off 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,Payrriant Milestone Schedule and provides authorization to invoice this milestone. Authorized Customer Representative Customer Contact Name SIGNATURE DATE Page 9 of 22 —75— 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 SGI 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.Simpson(a?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 —76— 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 dlbla 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 andlor 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. 13 "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 —77— 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 (i.e. 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 -78- (f) 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. 3.1.2 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' 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 13 of 22 -79- 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 (i.e. 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. 3.2.9 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 14 of 22 -80- 3.2.11 You may not, and you may not authorize or allow anyone else to, use the Developer's License for production purposes (i.e., 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 solufion 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 III 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 72 —81— tNTERG PH right, title and interest in and to all SOFTWARE PRODUCTS, including, but not limited to, all Intellectual Property tights 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. 6.1.2 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, sdhematics, 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 attorneys' 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 _82— iktERGiAPH 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 -83- Nr RAH 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 (1) 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 rights 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 aIi 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 -84- Lists ( www. bis. doc. qov/ comglianceandenforcement /liststocheck.htm), the United States Department of Treasury Specially Designated Nationals List (www.treas,gov /of ices /enforcementlofacl), and the United States Department of State Debarred List (http:llwww.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 exportcompliancefdinterQraph.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 exportcomplianceintergraph .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 -85- iNtifiThRAPH 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, ovemight 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 (1) 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; (11) 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 -86- INTERGOPH 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 conflrment leur volonte que cette convention de meme que bus 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 24 of 22 -87- ERA 'RA�'H 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 -88- Price Quote for Corpus Christi, TX Valid through 03/28/2012 11-CorChris TX4 Laboraae Xnformatlon ste Item Desci-iption;By Functional Use US$ US$ US$ I/LEADS Import Interface (Incident Attachments and Supplemental Info) (IPSRMSCUST-1) IILEADS Web Service Interface (Property Records) (IPSRMSCUST-2) urpose ty Unit Price 1111 RMS Imslementation Services Sub -Total Exclusive..o!Discount, Maintenance& Taxes One Time S stem Discount Grand Total Exclusive :of Maintenance,: Taxes for initial .urchase only Tax Exemption assumed $ 32,500 $ 11,750 Software;. Taint, otal Price.. 32,500 $ 11,750 81,625 (8,000) 73,625 6,500 7,475 $ 13,975 $ 13,975 Notes: L Estimated first year software maintenance has been included in this quote. Actual maintenance price will be quoted by Intergraph Maintenance Contracts upon shipment based on maintenance renewal date. 2. Intergraph requires remote access to the customers' servers to complete the effort as quoted. 3. Sales tax is not included in this quote. Final sales tax billed will reflect the applicable tax rates at time of sale as required by law. CorpusChristi_LtMS Interfaee_$Q0201121ps1$ Intergraph Confidential and Proprietary Information Page 1 of 1 11 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. 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 $21,133.53 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 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 loss 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: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: March 6, 2012 By: T. TrEstfa Dang Assistant City Attorney For City Attorney 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 , 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 ORR- appropGrant- SrComp- 2012.doc —98— 12 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2!2012012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director -inzl MichaelMo @cctexas.com 361 -826 -3464 CAPTION: Appropriate Senior Companion Program (SOP) State grant award for 2012. 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. -101 -. EMERGENCY/ NON- 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 Attomey 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 the Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 1'774 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Award information Agreement No.: 11SZWTX007 Amendment No.: 0 CFDA No.: 94.016 Award Description Project Period: Budget Period: 09/01/2011- 08/31/2013 09/01/2011- 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 1 973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. Funding Information Current Year Previously Thls ward! Total Current Awarded Amendment Year This Year Total Obligated by CNCS Grantee's Unobligated. salanes (Carryover) Total Available $0 55,361 15,381 10 SO 10 10 15,381 85,381 Cumulative Funding for Project Period Total Awarded in Previous Years 10 Total CNCS Funds Awarded to Date 15,381 Funding Source and Amount 2011-- OPE1 -Q52 -COO -61413 -4101 15,3 81.00 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, 2911 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 ail terms and conditions of the grant that are on the Corporation's website at https:// egrants. ons. gov/ termsandconditions/ 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 -1-0-3-- For Official Erse Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi __.. EIN:746000574 Corporation for National and Community Service: 09/29/2011 Signature, Lennette B. White Name (typed) Senior Grants Officer Date Title Lennette B. White, 215 - 964 -6309 Grants Official LeRoy Minor, (5I2) 916 -5671 Program Official Page 2 For Official Use Only -104- 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 di", 2012 Lisa Aguil Assistant City Attorney For City Attorney RES- aufhGrant- SrCompanion2O12.d oc —105— 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- SrCompanion2042.doc —106— 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 Approved: February P7 , 2012 Lisa Agui Assistan ity Attorney For City Attorney ORD- appropGranf- SrCamp -2D 12_doc Joe Adame, Mayor —107— 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 -2D 12.doc -108- 13 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/20/2012 TO: FROM: Ronald L. Olson, City Manager Michael Morris, Director of Parks and Recreation W ' MichaelMo(a 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: NIA —111— 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 organi7ations 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. If 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.TexasAgriculture.gov -113- 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 1 847 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 Texans Feeding Texans: Home- Delivered Meal Grant Program, or if TDA can be of assistance to you, please contact Ms. Lindsay Dickens, Grants Specialist, at (512) 463 -6695 or at Lindsay.Dickens@TexasAgriculture.gov. Sincere! Karen L. Reithek Grants Coordinator KR/LD/ld Enclosure —114— .GRANT AGREEMENT Texas Department of Agriculture Home- Delivered Meal Grant Program RECITALS 1.1 WHEREAS, Grantor has established the Horne - 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 all 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: II. 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 capacityto adequately perform one or more essential activities 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,©. 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 aid 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. M. 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 _1 -1 5_ deny, revoke, suspend, or withhold a grant award for misuse of grant funds, or failure to comply with any requirement or section of subchapter 0, including, without limitation; Texas Administrative Code Title 4, Part 1, Sections 1.950 et 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 falls 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 relmbursement 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 -116- 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 in 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 this 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 Page 3 of 7 APPLICANT NO. HDM -12 -895 —117- 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. • PC AGREEMENT MODIFICATIONS 9.1 Amending Agreement. Except as provided in paragraph 9.6 below, this Agreement embodies the entire agreement betweenthe 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. 93 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 Page4of7 APPLICANT NO. HDM -12 -895 -118- 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. All 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, andfor Grantor in violation of Section 49 Article ill of the Texas Constitution. In compliance with Section 6 Article VIII of the Texas Constitution, ail 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. MI 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. 10.5 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 air 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. 'Page 5of7 APPLICANT NO, NOM-12 -835 -1 1 9- 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 fie 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 Severabiiity. 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 Forrn 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. GOVT 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: Date: Page 6 of 7 -120- ichael Morris Director 17/01/2 Approved es to form. '" I Z Lisa Aguilar Assistant City Attorney For City Attorney APPLICANT NO. HDM -9 2.-S95 • ATTACHMENT A HOME DELIVERED MEAL GRANT BUDGET Name of grantee: City of Corpus Christi TDA Application No.: HDM- i.2.895 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 $66,449.16 Food /Meals $56'652 22 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: "2761-6(.4-: Date: 1 /' 042- Page 7 of 7APPLICANT NO. I -DM -12 -895 —121— 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 c;-ii , 2012 Lisa Aguii Assistant'-eity Attorney For City Attorney Res - authGrant -Sr.Comm- TexansFeedingTexans- 2012.d ocx —122— Page 2 of 2 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. Cornm- TexansFeedingiexans- 2012.docx —12 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 $117,301.38 grant from the Texas Department of Agriculture Texans Feeding Texans Program is appropriated in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of March, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adarne, Mayor Approved: February 2$- 2012 3e-44;r. Lisa Agu Assistant City Attorney For City Attorney ORD- appropGranE- SrCommserv- TexansfeedingTexans- 2012.dac —124— Page2of2 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 Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORD- appropGrant- SrCommServ- TexansfeedingTexans- 2012.doc --125— 14 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 / 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 -130- 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 60% 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 Joe Adame City Secretary Mayor Approved: February.28, 2012 By: c.s Lisa Aguilar, 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 B(JC DAYS SHORT TERM 2012 LEASE AGREEMENT State of Texas § Page 1 of 29 Know All By These Presents: County of Nueces § This short term Lease Agreement ( "Lease Agreement") between the City of Corpus Christ, 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 -133- Page 2 of 29 periods identified on 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 Aprif 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. 1. 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 -134- 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 -135- 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, Tess 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. -136- 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. -137- 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 $1,000,000 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 ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent 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 Indemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees (`Indemnitoes ") 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 Indemnitees or Indemnitors of -138- 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 Indemnitors 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 Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. 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. -139- 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 Iterms 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 ail other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. -140- 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. H. 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 clean 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. -141— 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. 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. 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. -142- 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. Any 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 any liability, expense, or responsibility for the -143- 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 swom 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. -144- 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 fhe use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to 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 — )11t' -v - i , 2012 --ter. Lisa Aguilar/ Assistant CI 1 Attorney For City Attorney THE, BSI By: Barry Box, Date: �� -145- S. CHAPARREL ST. L Pirates of ,all sizes and: ages are. -invited to join the fun at the Buc resiBC Bank Junior Parade. it's e o heave ho, ye landlubber, come.join the !Pirate: Fiesta! lie es-4�� Come and join the 20;000+, spectators along the Junior parade Route to-, watch -these- young .pirates'` from daycare} centers,: youth groups, schools;: civic, public, and private ;w organizations "struttheir stuff" in this Wonderful:'children'S parade. 1,4 s feline Blvd. tp- 1(dt�it'� Am9rican _ 91ice�,.r } . 9atik ; enter' Vortiil Chrlstl •P/llf3eum '.f . of SCIeriie};.. (181).& Hrstory 0 "C N.'Water St n m m , :,.:H ",in: gin.• m m U N. Chaparral o mm N. Mesquite Lower Broadway N. Upper Broadway an Dr. Park horeline Blvd rac. tll Water St. Llluminated NightI.ara. Saturday °.' ': ay 5, 2012® 7PM ti aa' a3 ria . es 1111240611WaiStetattateRAMAVERESMOVVIZSOLIMPattika F P N ? Menne SI. " -a o `d a Mesllne SI. 4 H a Z m ul 7 ]r E W N There is no better place'. to Celebrate Cinco de Mayo than at the Buc Days Illuminated Night Parade! We are sending the floats and bands down the parade route an hour earlier to allow you time to get to, ` the Buc Days Festival & Stripes Carnival after. the Parade with plenty of time to Party' r 5 a g Antelope S1. as ChCoAsli us 35 Museum al Science, 8 History His S` Park American Sank • Can =r F 7 Basso' St o . z Fllygalodst m eMpsoae teM01 m N p rano ASO SI' POWBTSt-. r m golden S4 mann Si- 3 m Twigg Si. {d' 'is e;lnbasN •N z n Taylor SI. Stan St. Z Peoples SI. m n Saheb. r" Vnn.yst 6 HTcadwayt Park Ave, N m Furman Ave. 0 O a McCaughan Park 1 Peoples Si T -Head O te n`e st 7•Noau 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.) -149- 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. -151- 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 sate 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 -1 5 2- 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 -153 -- 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) —154— Page 22 of 29 2012 Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. 4. 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 terrn 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 -156- 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 loss 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 andfor 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. -157- 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 close 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. E. 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: -158- 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 ail 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 Western Enterprises, Inc. Notary Public, State of Texas Expiration Date: -159- 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 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 of Corpus Christi must be named as an additional insured for the General Liability 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 $1,000,000 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 $1,000/ $1,004,000 / $1,000,000 -160- 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. I. 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 Permittees 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 -4556- 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; -161- 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 Tess 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. I-1. 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. I. 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 Days Fireworks Permit ins. req. 2-20-12 ep Risk Mgmt. -162- 15 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 i‘1CI 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 —165— 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 undlsl; 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 -166- 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 Joe Adame Mayor APPROVED: This / day of , 2012: C arlottr em Assist City Attorney For City Attorney DOWNTOWN TIF ORD AMENDED 2 -21 -2012 -167- 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. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott DOWNTOWN TIF ORD AMENDED 2 -21 -2012 —168— 16 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: 2/17/2012 TO: Ronald L. Olson, City Manager c-----7e9---- 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: —171— 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 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) Page •1 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 Districts 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: Armando Chapa City Secretary APPROVED: / dav of J e , 2012. Charlotte i-em Assist- R ity Attorney For City Attorney ti. RESOLUTION - DMD Agreement - 2 -16 -12 THE CITY OF CARPUS CHRISTI Joe Adame Mayor -173- Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Eiizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION - DMD Agreement - 2 -16 -12 -174- 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 less 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 CPYF!NAL 2 -8 -12 Page 1 of 9 —175— 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 appointee 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 Page 2 of 9 —176— 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 —177— 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 Interlocal CPYFINAL 2 -B -12 Page 4 of 9 —178— 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 feast 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 shaii be deemed to have irnet its performance mance 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 Interlocal CPYFINAL 2 -6 -12 Page5of9 -179- 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. 2031 DMD lnterlocal CPYFINAL 2 -5 -12 Page 6 of 9 —180— 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 their 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 Interlocal 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 CPYF!NAL 2 -8 -12 Page 7of9 —181— 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. O. 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 Anr PrnAnt CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT By: had Magill Chairman Date: A_Jr —ZflfZ 2011 DMD interlocal CPYFINAL 2 -8 -12 Page 8 of 9 —182— ATTEST Armando Chapa City Secretary Date: Approved as to legal form: , 2012 CITY OF CORPUS CHRISTI By: Ronald L, Olson City Manager By: C , arlotte . em Assista Ety Attorney for City Attorney 2011 MAD Interlocal CPYFINAL 2 -8 -12 Page 9 of 9 —183 -- 17 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/20112 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaeLMoc 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: NIA CONFORMITY TO CITY POLICY: Athletic leagues have leases with the City for use of fields. EMERGENCY 1 NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Not Applicable n , Operating Expense n Revenue n CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE -187- 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 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 ft 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: Wv=- -�1-. 1 , 2012 P9. 4 —.Le., umy. 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 Amendment to the Lease Agreement between the City of Corpok Christi and Great Western Sow League: Whekleat, on 2/] O/200, Corps -Chrtr City Cbtincil authorized a lease agreement with Great Western Soccer League, ,‘Lessee!, regarding use ofproperty at Labonte Park; Whereas, the parties _desire to amend the LeaseAgreement provisions regarding utilities; 116W, thelefOre, the parties agree as follows: .*tlOn 13 uf the Leas e Agreement regarding utilities IS am ended to read as, follows: "Section 13 Utilities. Lessee num pay for all utilities,used by it or br any activity sponsored, by Lessee oh the PrehtiseSiptier to the due date for payment. Failure to pay any utility bill en or before the due date is ground g for termination oftlus Lease. Lessee must adhere to applietible 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 ip trandinnin flambe:- of gallons . set by Director of Parka and RecreatiOn for each Calendar' year. Alt Oiner term t an Ondifioris rolatin in effect. This Amendoept takes effeet.ppon date of City Council approval. EXECUTED TN DUPLICATE, each of which Shall be considered an original, on this the &y of 2012. '1 ATTEST: Armando Chap; City Secretary Approved as to legal form: 3uittatY20, 2012 By: Lisa Aguilar,. Assii ty Attorney for the City Attorney LESSEE: Great Western Soccer League By: President. 1 1 1 1 Printed Nair e: Date: gi . ' CITY OP CORPUS CHRISTI 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: Armando Chapa City Secretary 0 n n rrovari • r .Ir 1.11 V., . By: Lisa Aguilar, As i ant City Attorney For City Attorney nn an In t_�1 i "LT"U�' ,LUIL 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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Amendment to the Leasc Agreement betwian the Clty of Corpus Christi and Padre'Youth Football Longue Wheetes, on 2/15/2011, Corpus ClitiSti city COtintil authorized:a leaSeagreement with PatireYoutli Football League, 'Lessee" i regarding use ofproperty at Bill Whitt Park; Whereas, the parties desire to amend the Lease Agreement provisions regarding Utilities; Now, theta:Ore, the parties agree as foiloWS: SO..etien 14 pfthe Lease Agreemeat regarding Utilities is amend to mad folloWS; "Section 14 Utilitia, Lessee trnfat pay for 41 Utilities Irisedby it or for activity sponsored by. Lessee on the.PrerniseS prior to the due date for payinent. Faint to pay any utility bill oli or befwe the thie 1ate s grounds for termination of this Lease.. Lessee must adhere to applicable water conservation standards. in ai effort to ensure that fields are inailitaitied m aoPPrdrinee. with City standards, the City shall not charge Lessee for water used by Lessee to Maintairtithe fields, up to nraWimulii number of gallons set by Director of Parks and Reoreationfor each calendar year." All other terms and conditions rernain,iii effect. This Ainendrriout takes effect upon (Lao pi city council al/pro/al; EXECUTED IN IMPLICATE, each of...which shall be considereclan. original, an this the day of 2012. ATTEST: crrY OF CORPUS CHRISTI Armando Chapa, City Seeretary Ronald L. Olson, City Manager Approved as to legal form: January 20, 2012 By: I■e..A41 Lisa Aguilar, Assisj City Attorney for the City Attorney LESSEE: Padre Youth Football League A _is By: /stiv___A LOT President Printed Name t JeA file" Date: 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 Joe Adame City Secretary Mayor Approved: 1 , 2012 • Bv: Lisa Aguilar, As` rstant 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 Corpus Christi & Coastal Bend Youth Football Whereas? on 20000, Corpus Christi City Council autherized a iege AgrOOP014 With C4rpos Chtjkti Coastal Bend Youth Football, "Lessee", regarding:use of property at Botsford Park, ercaS, the Nitties desire to fiend the Lase kgreeiriett provisions regarding Utilitie* Now therefOre, the parties Agree as follows: Section I5.af the Lease: AgreementIegarding utilities is amended to read as knows: "Section 11 Utilities, Lesseraustpay for all utilities used by it or for any a.ctivity sponsored by Less Oo on the Premises prior to the due date for payroatt. FAitere:to pay any wilily ot't 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:accordan0 With .City standardst the thy AO not 00,p Lessee fee Water nSedhyl,essee t oitdotairt :thefiehls, up to maximum numberofgallons saby Director of Parks andlecreation for each calendar YOAr." All other terms and conditions remain in effect This Amendment takes effect upon date ofCity Gonna approval: - XXXOU'rn PUPLIckTE, eadli of-Which that b considered an Ori$ins.1, oh. thi$ the day of , 2012. ATTF,Fr• CITY QF •CORPUS CHRIgrl Armando ch4pkii $eeretary Approved as to legal form: January 20,2012 By: Li$B, Aguilar, AsSi t.City Attorney for the City Attorney Ronald L. Olson, City Manager LEgSEE; Corpus Christi & Coastal Bend youth Football fi BY: President Printed Name: Date-: 7—it al L— 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 Joe Adame City Secretary Mayor Approved: "-° - t , 2012 Rv. • Lisa Aguilar, Asstant 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 Araeiiiirrierit to the Lease Agreementbetween the City of Corpus -Christi and Corpus Christi S'etdor Softball Association Whereas„ on 3/22/2011, Corps Chr10,City Connell 400401 a leaseagreeterit With Corpus Christi Senior:Soft:WI As1tjoi, 'lessee", regarding use•property at 3933 limn; Whereas ; the parties desitgto? emend:the Lease Agreement. provisions regarding utilities; Now, thOtrot'e, the pardesagree as fdlows: Section 14 ofthetease Agreement regarding 0010 is amended to. toad as tbilcog; 4Settion 14 Ufnities, Lessee.must pay -fOr all utilities used br it or for any WOO sponsored by Lessee on thePrelniSAS prior to the due date for payment Failtne to pay any mill bill on or .. - before the, due date is grounds for termination of this Lease; Lessee must adhere to app1ietible water conservation standards, In an effott to ensure that fields are trialotairied in accOrdance with Ci-stendOdS; the City Shall not charge Lessee for water used by Lessee to maintain the fields, up to Mali/num number of gallons set by Director ,of Parks and Recreation for each cakaar yeae All other terms and conditions remain in effect. 1 This Amendment takes effect upon date of City Coeneil aPtirqval. EXECUTED IN DUPLICATE, each of which shall be considered an original* on this the day of , 2012, ATTEST: CITY OF CORPUS maim Armando Chaps, City Seeretaty Approved as to legal forth: Jannaty 2Q, 2012 By: e La Aguilar, /Wig ;City Attorney for the City Attorney LESSEE: Corpus Christi Senior Softball Association By: President Printed Name: Date: Q Rethald L. Olson, City Manager 1 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. 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: ' -)11Rj. I , 2012 By: _A. Lisa Aguilar, Asst 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 Amendnierit 10 the Lease Agree Meet betWeen the City ortorpus . hristi and $00thstde Little Mss Kickball liege Whereas, on 2/1572011, Corpus Christi City Council authorized a lease agreement With Sbuthaide Little Miss Kickball League, "Lessee,, regarding use ofproperty •at4200 MeArdle; Whereas, the parties desire to amend the tease Agreement provisions:regarding utilities; New, therefore, the parties agree as follows: Section 14 of the Lease Agedeinent. regarding UtiNes is amended .to read at followC "Section 14 Utthties Lessee riinSt pay fOi ail utilities used by it or for,,Agy aoefJVAp000toct by Lessee on the Prernites prior to the due date for payment Failure to pay any utility bllon or before the due date is grounds for termination of this .Lease. Lessee most adhere to applicable waterzontervatiori standakis, in an effort to engine that ftelda ate maintained in accordance With City standards, the City shall not eharge Lessee. for water used by Lessee *maintain the fields, up to maximum number of gallons set by DireetOr of Parks and Recreation for 040 eilelidir year." All other-terms and conditions remain in efEact This Anienclment takes effect iipOntlate of city- ceut1041 approval. Marfa IN ntiPtifeivqk each efikthieb shall be considered an original, on this. the day of ATTEST: CITY OF CORPUS MAIM Armando Chap% City Secretary Approved as to legal form: January 20, 2012 By: Lisa, Aguilar, Ass* t: City Attorney for the City Atto y LESSEE; Southside Little Miss Kickball League Printed Nam: Date: ,-,e/ Or a_ Ronald L. Olson, City Manager 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: ThIT\ i-+ 2012 By: Lisa Aguilar, ant 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 Lea Se Agreentent bebvten the City of Corpus Christi and Southside Youth SportS CoMplei Whereas, on 9130/200S, Corpus Christi City Council authorized a icase,agreement with Southside Youth Sports 0orriplex, 1Lessee", regarding use ofpropert'at Etelyti.Priee Park; Whereas, the parties desire to amend the Lease Agreement provisions regarclinginilitier, NOW; therefore, the parties agree as 'follows: SectiOn9 Of the Lease Agreement regarding utilities is amended to read as follows: "Sattiou 9 Utilities. Lessee must pay for all Utilities used by itor 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 terrninatiOrt Of this Lease. Lessee must adhere tc applicable water,conSetiration Standards., la 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 tnaintaiu the fields, up to maximUnt number Of gallons set by Director of Parks and Reereation for each calendar year," 411 other tents. and conditions remain in effect. This Amendment takes effect upon date of City Couneil approvaL EXECUTED :IN DUPLICATE, each of 'Which shall be considered an original, on tilts the day of Al !LSI': CITY-0F.CQRPUS CIDaSTI 1 Armando Chapa, City Secretary Ronald L. Olson, City Manager Approved as to legal form: January 20, 2012 By: 44.a.:i Lisa Agttilar, Assista ity Attorney for the City Attorne LESSEE: Southside Youth Sports Complex B y. (2,4%)Th .President Printed Name: iv ev-Alr(,) ) Li )67 /1 b`4- Date: 2 • ri —206— 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: , 2012 By: 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 Atitendment to the Lease Agreement between the City of CorpuKhrisfi and C: United Little Miss Kickball Whereas; on 6/24112008, Corpus Christ City Council antlioriZed a teas areetnent with C C United Little Miss KiOlchall, "Lessee", regarding use of prOperty at Bill Whitt Park; Whereas, the parties desire to arnend tile Lease Agreement provisions regarding-utilities; Now therefore, the parties agree as fOlioWs: Seetion9 the:LeaseAgreement regarding utilities IA gitoded to read AS fol1OWS:' "SeCtiOti 9 Utilities. Lessee must pay for all utthftes used by it or for any activity sponsored by Lessee on the PrerrtiseSpriOr to the thw date fOf payment, Falltitato pay any uttfity bill on or before the due date is grounds for termination of this Lease. 'Lessee must adherefo Applicable water conservation standards. In an effort to more that Relsisloo otaititairied in acdOrdatice with City standards, theeity shall not oherge Lessee rot: water Used by Lessee to maintain the .fields, up to tiniximuni nurnberof gallons set Director of Parks and *3001(60 fbr each oalOciat year." All-other ternis and conditions remain in effect This Amendment takes effect • upon date of City Councliepproval. EXECUTED IN DUPLICATE, each of which shall be considered an. original, on dila the clay of 2012. ATTEST; Armando Chapa, City Secretary Approved as to legal form January 20, 2012 By: Lisa Aguilar, Assifat City Attorney for the City Attain LESSEE: C.;frr ',lofted Little /,`," By: President Printed Name: 1Y-4 e/ Date: CITY or cows cilium Ronald L. Olson, City Manager Ordinance authorizing the City Manager, or his 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, 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: 1 , 2012 By: .41--1- 7 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: Ifwe, 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.Leeie Agreement between the City of Corpus Christi and Padre Soteee League • Whereat, 011 2/10/200R, Corpus Cl risti.City Council ads a. lease agreement with Padre Soccer Lew*, "Lesseeoegattling use of property et Bill 'Whitt Park Whereas, the par* desirev amend tbe LeaSe Agreement'provisions regarding utilities; Now, therefore, the parties agree as follows $.6.0100.13 of tbeLease.Agreement regarding:utilities is amended to. teIda 's follows: 4Section. 13 Utilities. Lessee must pay for all utilities used tiyit tat for any adtivityoosefed by Lessee on thePrernises prior to the One date for payment Fafture to pay any iitThiybill on or before the due date is:go:on& ibt termination of this Lease. Lessee taalstatifitte to applieable Water Conservation standards. In an effort t1)!Onspre that fields are Trisintained in accordance wdh City standards, the City shall not Charge lessee for water used by Lessee to maintairi the fields, up to njaXiatatif number of gallons set by Director -of Parks and geereation forea0b calendar year." All other terms and conditions remain.in effect. ThIS AtheadMerit takes effeet upon dateof.City Council approval,. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the '7 day of e ; 2012. _ ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Ronald L. Olson, City Manager 5 Approved as to 'legal form': liannazy 2()1. By: Lisa Awl:141. AssistJ City Altai-ley for the City Attorney LESSEE: Petite Soccer League President Printed Name: E 4-e B r4r. - Date: F 7 h . 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, 20.12. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: Mc\a-- � E 04 J� .G4-, ea�f isy: �r'v�r'.. Lisa Aguilar, Assistant City Attorney For City Attorney , 2012 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 Ameridme.ntto the Lease Agreement betvveen the City. of Corpus Olviati and Saute FP_ $0Pger League Whereas, on 2/10/2009, Corpus Christ City Council ea:$*04 alease agreement with ,Sante're SeOtO' Leargae, "LeatePe, regarding use of property at North and South Pope Park Whereas, the parties desire tio amend the Lease A.greeinent provisions regarding Utilities: Now, tberefore, the patties agree as follows: Section 13 of the Lease Agreement regarding utilities is amended to read as follows: "Section 13 Utilities. Lessee must pay, for used :by it or for any Astiyify sponsored by Lessee on the Premises prior to the due date fc payibeilt Fadure to pay any Utility bill "On Or before the due date ig grounds for terminationef this Lease. Lessee must adhere to applicable w.ater conservation standards. In an effort to ensure that fields are maintained inticeqdance with City standards, the City diaii kit charge Lessee for water used.by Lekte toituautaidthu fields up to makimum 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 ofCity Council approval. EXECUTED BLDUFLICATE, each of which shall be cOnsidered an original, onthiN the day of , 2012. ATTEST:: CITY OF CORPUS Man Armando Chaim, City Secretary Approved as to legal fonn: J01112111)120, 20:12 416% AgUltar. AssitanCty Attorney for the City Attorney LESSEE: .Sante Fe Softer League • 0. e DY' , President Printed Name: tat-G, Ha6Z. Date: ca/0 Ronald L. Olson, City Manager 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. 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: 'W.e.-vr), r _ 2012 By: `2,. Lisa Aguilar, As'-Sistant 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 Chiristi gild Corpus Chtisti.f.080 Athletic League. Whereas, on 2/1:5/2011, Corpus anisti City coundii authorized a lea* agreement with Corpus Christi Police Athletic League, "Lessee", regarding use of property et MC: Ayers, Ben Garza, and Driscoll Fieldc Whereas, the iiarties desire .to attend the LeaseAgreemeut provisions regarding utilities; Ni*, therefOre, the partiaagree as follows: Section 14 cf the Lease Agtcenietit regarding UtieS IS attended to road aafolloWS: "Section 14 UtiJitie LetSed must pay for a)1 itities isd by it Or far any aefiVity Sponsored by Lessee on the Promises prior to the due date for payment Failure to pay any:utility biti on or before the due date is grounds for lamination of this Le:0c, Lesscetnyst adhere to applicabio 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 use4hy Lessee to main the fields, 41, to maximum iluiniPor of galiOnS set by Director of Parks and Recreation for each calendar -year." M1 other terms andoenditions remain in effect, This Aniendrnent takes effect upon date of City COuncil approval. EXECUTED IN DUPLICATE, each of which shall be considered anoriginal, on this the day of - , 2012. ATTEST: Armando Chap, City Secretary Approved as to legal form: January 20,2012 BY fe4s:2, Liss Aguilar, Ass' for the City Attorn tCity Attorney LESSE . Coi-pus Christi Mice At fie League By: A t r Pre Printed Name.: 2452 11 A(' iefee 1.5 Date: 2 / CITY OF CORPUS 'CHRISTI lOrtald 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: 11 J...✓c1-, ' , 2012 By: e- �Li sa 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: 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 Alien Larry Efizondo_ Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Antendment to the Lease Agreement between 00-City of Corpus Christi and National LittleLeague Whereas,. on V15/2011, Corpus Christi City Council authorized a lease agreement with liationgLittle League, "Lessee" regarding use of property at Paul Jones Youth Sports COMplet Where* the parties deSire to amend the Lease Agreement provisions regarding Oates; Now,.therefore, the pgArtiOs Section 14 of the Lease Agreement regatding Utilities iS amended to read asto1107: "Section 14 Utilities. lessee must,pgy for 41 Unities used 5yft orfor al:Wit:AN-IV sponsored by LesSte:on the PreiniteS prior to the due dateforpayment, Failure to pay any tififibeill,mi7r, before the due date is ground $ 'for termination of this Lease, Lessee must acinerotO applieitble water congervaibn staniards l.n an dapit*etittirethat fields are maintained in accordance wfdi. City standard, the City shall not charge Lessee for water used by Lessee te.initintain theflelds, up to maximum number of gallons set by Director ef Parks and Recreation for Oa calendar year:" All other terrns and conditions 'remain in effect. This Amendment takes effect upon Ate of City COuniail atiProirai. EXECUTED DT DUPLICATE, each of-which shall be considered an origlit4 ori tins the day of TTEST: CITY 011 CORPUS CHRISTI Annanelo Chapa, City Seoretaiy Aconvod as to legal form: January 20, 20.12 By: Lisa Aguilar, Ass nt city Attorney for the City Attorney LESSEE: National Li r,17 Preside& Ronald L. °boil, City Manager Ordinance authorizing the City Manager, or his 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, A4istant City Attorney 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 Antendinent to the Lease Agreement between the City of Corpus Christi and Oso Plany Baseball League Whereas i on 211512014 Corpus Chrisi City Council authorized leaseagreement with Oso Pony BaseballLeagne, 'Lessee", regarding-use of property at Paul .TonbS Yotith SpOrta:COMplet; Whereas, the parties desire to amend the Lease Agreernent provisions regar4ing utilities; Nov, therefote, 1.1* partieS-aOree as Seetioti 14 Of ibe:LoaSe.Agreetnent tegtoling utilities is wooded to read as.fonows: "Section 14 Utilities: Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on thePretrilSes prior to the due date for pstyinetit failure to pay auy'utility bill on Fir before the due date is grounds for termination of thisLease. Lessee must adhere to applicable water omiterVatibli standardS In an effort to ensure that fteldS,-are maintained in accordance with City standards l 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 retain in eftect. This Artdlnenttake.s ieffeet upon date of Citv Ccabeil approval; EXECUTED IN DUPLICATE, each ofwbich shall be considered an original, on this the day of 2011 ATTEST: CrTY OF CORPUS CHRISTI Armando •Chapa, City Secretary Approved asto legal form: January 20, 2012 Lisa Aguilar, Assi City Attorney for the City Attorne LESSEE: Oso Pony Baseball League By: filar.47 President Printed Name: Al y 6a, rut Date: 2- 2r - / 2.- 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: - z, 1 , 2012 r By: V Lisa Aguilar, As tent 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 Corpts Christi and Oso Little idiss klekball League. WhelOaS, en 2/1$/2011, Corpus Christi City Council.authotized a lease agreement with Oso Little Miss Kickball League, "Lessee?, regarding use of moped-39.4 Paul Jones Youth Sports Cprolex; Whereas; the parties desire to amend .the Lease Agreement proVisions regarding utilifieg Now thertfore, the parties agree as killows: Section 14 of the Lase Ag eernent :regarding utilities is amended :to read asfollows: "Section 14 fltilites Lessee must pay for all utilities used by it erica, any activity sponsored by Lessee on the Premises prior to the due date for payment Poilor# t pay anylitility bill on QT before the due date s grounds for termination oftit Ube. Lessee'. nilist adhere to applicable water Ott:se:Nation 'standards: In an eft:tin ensure that fields are maintained in accordance with City standard, the City shall not charge Lessee for watt" used by Lessee to-inaintain the fields., up to maximum number of gallons set by Director of Parks and Recreation ter each calendar year." All other terms and conditions teniain in effedt. This Amend-into takes effect-upon date of City Council approval. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the 7 day of Fe-te rt4.48-1 , 2012. ATTEST: CITY OF CORPUS •CFIRIS,TI Armando Chapa, City Secretary Ronald L. OlSon, City•Manager Approved as to legal fontn: January 20, 2012 By te-s-04- Lisa Aguilar, Assi City Attorney for the.City Attorney LESSEE: Oso Little Miss Kickball League By: President Printed Name: V-Lk TA/ Date; 7 -1 - 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. 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 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: )Y\ALea r , 2012 By: e :16.11A-L4 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 Lease Agreement between the City of Corps Christi and Padre Little League Whereas; on 7/1742903, Corpus Christi City Council authorized a leaseagreeinaiit with Padre Little League, 'Lessee", regariling usevf pmperty at Bill Whitt Part Whereas, the partiet. desire to amend the Lease Agreement provisions regarding-Utilities; Now, torero*.the parties agree as rOilOWs: Section 9 of the Lease Agreentent rggoding utilbiet is intended to read as follows:: 'iSeetion 9 Utilities: Lessee must pay for all used by ft or for any activity sponsored by Lessee Oti-ft Premise s pia to the due date forpaMerit. Failure to pay any urilfty b41J en or before the due date is grounds for termination of this Lease. Lesseomnat adhere to applicable water conSelyation standards Th an effort to ensure That 41els are mairitaino in aoorilatieuvititil City standards, the City shall not charge Lessee for water used by Lessee to maintain the up to maximum number &gallons set by Director Of Parks and Recreation foreaeli Calendar YOr." All other terms and oorigitioOs remaiti in effect. This Amendinent takes effect upon date of City Council appmval. EXBC01 ED IN DUPLICATE, each of which shall be considered an original, on this the day of ,2012. ATTEST: CITY OF CORPUS Armando Chapa, City Secretary Approved as to legal form: January 20, 20.12 By: Lisa Aguilar, ASsis City Attorney for the City Attorn LESSEE: Padre Little League By: President u Printed Name: S PS" ZePel- Date: 2 — i 7 .o. STI Ronald L. Olson, City Manager 3 Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Sparkling City Fast. Pitch League for the use of GreenwoodlHorne 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: 'Y J.vt , 1 , 2012 Bv: oC.'•-e Lisa Aguilar, Assnt 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 Alien 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 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. Sparkling City Girls Fastpitch must operate the program described on ExhibitA 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) 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, -233- 1 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) 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. (1) 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. tf 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) day s 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. -234- 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 ExhibitA 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 -235- 3 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 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 -236- 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 maybe incident to, arise out of, be caused by, orbein 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 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 iitigation, 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 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, obtaiobtain clearance, from Risk Management, as per Section 8 as cot ni It herein this 1 F±asP_ n GFCC.lI ti91l.C, in ! writing, from ll i �i�n FY7GII IRyG111\rl i�, as per .+.+.+...a• .. v... v•-• • • -• -•• • -• ••- 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. -237- 5 (5) 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. 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 �t� hereunder, aF... failure part of City to promptly defauit in any of its conditions or covenants hereunder, the iailur a on the part of Cit w pro �p.tl 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. 7 -239- 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 profect fhe Hay t+over which confine as a etn iral rnnfrol fn minimize nnten41 al fF FtF ire clanger r.ne.erl r • --- -....� _.-.� __ . _ .............., � ....................,,....., ... ....... ... . u. m uw l..vwl glRl I aaLM! �..dRl FL,�i{ Nv.7w 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. -240- 8 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: E4=2:1, V, l '_- By: g° Lisa Aguilar, tant City Attorney for the City Att• ney STATE OF TEXAS CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager LESSEE: Sparkling City Girls Fastpitch By: President Printed Name: P4s' Date: — ,t/ COUNTY OF NUECES This instrument was acknowledged before me on P)31f- a,r t D , 2012, by , President of Sparkling City Girls Fastpitch, alexas unincorporated nonprofit association, on behalf of said association. Notary Public, State of Texas Printed name: ea 'rn s .• R.rtirY-►; r ez- Commission expires: o 3 - •7o - ao ti v —241— 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: L\ Q atl Ir Sparkling City Girls Fastpitch ataltd0 Attn: President id a) 3-9-e-i—leer-t-gact-uaGefit, y4. i-j q in 0/24, V10-11. 60rpu5 I 1s 1-11 `7 7f0LfJ5- -242- 10 EXHIBIT B Site map -244- 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. -245- 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 worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become wom 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. [ 3 [ ] 12. Coach's box is not level with surrounding area. [ 3 [ 3 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. [ ] [ 3 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS —246— 13 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. 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 tin not spat 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 wom 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 -247- 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. [ ] [ ] 10. Gates are left open during games. [ 3 [ 1 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ 1 [ 1 13. There is no warning track or warning track is in unsafe condition. COMMENTS SIGNS Yes No [ ] [ ] 1. Signs are in good condition. [ ] [ 1 2. Sign with Parks and Recreation phone number for complaints or concerns. [] [] 3.Noparkingingrass._ [ ] [ 3 4. Sportsmanship signs with league rules, guidelines, and possible consequences. [ ] [ 3 5. ADA Handicap parking spots. [ ] [ 1 6. Adequet traffic markings. [ ] [ 1 7. Maintenance area "keep out". COMMENTS CONCESSION STAND I RESTROOMS 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 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ 1 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ 3 [ ] 4. Turf is not uniform in texture, density, or height making an T nsafe playing surface. -248- 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 [ ] 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 Ioose, 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 [7[] [1[] [7[] users. 1. Skinned foul lines have become rutted and need to be reconditioned. 2. The challdne material used is irritating to the eyes. 3. There are no warning signs posted informing players or spectators of use rules or hs7ardous 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 -249- 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: 3A , 2012 By :. ica Anui!ar Pant r~ity 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 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 —252— 1 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. (1) 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 _a.: t_ fur 1 '� rformance of the maintenance WI ILLCf ii [ IUIIGC lU LCStiCG lVl LG�7CG a t wi ��.+c� iui � � iai �L.c of the maintenance. �Q i��11Qi 1�.�.. 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. -253- 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 tens 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 -254- 3 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 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 (1 0) 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 wiii 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 —255— 4 injury or damage fo 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 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 orin part, proximately or remotely, from the violation by lndemnitees 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 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 117 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 arty 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 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 —257 -- 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 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 1 Anse 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. —258— 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 -259- 8 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: PEA,. e2 ?17I2-- By: 4 Lisa Aguilar, Assistant City Attorney for the City Attorney Ronald L. Olson, City Manager LESSEE: International Westside Baseball By: Printed Name: R .mob -e. k 0 Date: Z - 3 - zQ a STATE OF TEXAS COUNTY OF NUECES 'pis instrument was acknowledged before me on t-br , 2012, by 9,Ar as President of International Westside Baseball, Texas unincorporated nonprofit association, on B a Behalf of said association. n rTh Notary Public, State of Texas Printed name: 1A.err ; 1 . r.. ', c e.z Commission expires: O 3 -al, - Zo ti -260- 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 R ,. - e r, (Z'ti o j GS Re .2 vurd 54- . Co(' C.hr',51-`► 7")( —261— 10 EXHIBIT B • Site map -262- 11 -263- 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 Bodily Injury and Property Damage Per occurrence / aggregate certificates. • 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 B. Independent Contractors 7. Personal lnjury 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. 11. 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 "changed or between "be" ond "trim CiGl Gd " , G!!d Iy 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 fetter specifically stating whether items 1.B. (1) -(7) are included or excluded. -264- 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 annnally 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 worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become wom 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 —265— 13 PLAYING SURFACE: Yes No [ 1 [ ] 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. [ 1 [ 1 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 1. Clay Bricks or Pro Clay in batters boxes. [ 1 [ 1 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. O The concrete footings have rounded ..A........n "nay twist out of place in g,. U.1 U. The �onCic�.c ivvGU�ga uavc iv�iuu�iu edges and luny �vviac out �i place ua the �i�'uuu. 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 FENCING -266- 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. .[ ] [ 111. 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. [ ] [ ] 3. Appropriate signs for doorways. [ ] [ ] 4. Cleanliness ofrestrooms and concession area. [ ] [ ] 5. Condition of buildings. Cvl'vivl.itNiS TURF AREAS Yes No [][] [][] [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. 5. Turf irrigation comes on during games. -267- 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 (Le., 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 warn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [][1 []C] [] [] 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 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 COMMENTS -268- 16 Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Universal Little League for the use of GreenwoodlHorne 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: Mi-YEA, ` , 2012 By: Lisa Aguilar, As 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: llwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler 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 Les see, 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 —271— 1 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) 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. (I I) 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 anytime 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. Sportsmanshp 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. —272— 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. —273— 3 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, lndemnitors) 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, -274- 4 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, orbein any way connected with, either proximately or remotely, 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 orin part, proximately or remotely, from the violation by lndemnitees 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 —275 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, 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. -276- 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, 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 —277— 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 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 Cnde in nrder 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. 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 Ronald L. Olson, City Manager Approved as to legal form: . 2'i ?'Di 2f By: o -mo=t. Lisa Aguilar, Assistalnt City Attorney for the City Attorney LESSEE: Universal Little League By:c� -a President Printed Name: % hA Date: 2/ 9/ STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2012, by ' &5e..5 IaaaT,r, President of Universal Lillie League, a Texas nonprofit corporation on behalf of said corporatton. Notary Public, State of Texas Printed name: V1zn rn %, R, re.. Commission expires: 31 ot.2 I t -279- 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: Universal Lithe League Attn: President - et ?J 5c• Cp r''pL4 S rPS SE ��C EXHIBIT B Site map —281— 11 ti--1-1-1 Ckju -282- 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 Forrn 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) Fromt he nirkenriori by =ruling tho wnrrlinri "rhannpd nr" ha wapn "hp" and "ranr_alpd" and riPloinn 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. EXHIBIT]] 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 I) each year of Leases the League will be assessed a fee of $250.00 ner 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 (Iip) 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 —284— 13 PLAYING SURFACE: Ye's No [ ] [ ] I. 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. 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 -285- 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. [ 1 [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ 1 5. There are unsafe gaps under fencing. [ 1 [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ 1 7. There is not top railing to secure fence at the top. [ ] [ 1 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. [ J [ ] 10. Gates are left open during games. [ ] [ 111. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ 1 [ 112. 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. [ ] [ 1 2. Sign with Parks and Recreation phone number for complaints or concerns. [ ] [ ] 3. No parking in grass . [ 1 [ ] 4. Sportsmanship signs with league rules, guidelines, and possible consequences. [ J [ 1 5. ADA Handicap parking spots. [ ] [ ] 6. Adequet traffic markings. [ ] [ ] 7. Maintenance area "keep out". COMMENTS CONCESSION STAND / RESTROOMS Yes No [ ] [ ] 1. Health permits posted. [ 1 [ T 2. Food handiers carric nn file_ [ J [ 1 3. Appropriate signs for doorways. [ 1 [ ] 4. Cleanliness of restrooms and concession area. [ ] [ ] 5. Condition of buildings. COMMENTS TURF AREAS Yes No [ 1 [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ 1 [ ] 2. The surface is uneven because of soil grade. [ 1 [ 1 3. Soil is too wet or drains poorly making an unsafe running surface. -286 -, 15 4. Turf is not uniform in texture, density, or height misning 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 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ 1 [ 1 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 I1 Ill] [][] 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 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 COMMENTS -287- 16 18 AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 DATE: March 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services daub @cctexas.com (361) 826-3729 Gustavo Gonzalez, P. E., Director of Water Depart gustavogo @cctexas.com (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 $87,400.00 for Staples Street Pumping Plant New 10 MGD Pumps. BACKGROUND AND FINDINGS: The existing Staples Street Pumping Plant was designed by Urban Engineering and subsequently constructed in 2001 to help increase the water supply system for the City as recommended in the 1997 Water Master Plan. The pump station was designed for two 10 MGD pumps and two 5 MGD pumps but only the two 5 MGD pumps were installed in 2001. The pump station was constructed with sufficient footprint space to accommodate the addition of two future 10 MGD pumps. Due to system demand, it is time to install the two 10 MGD pumps. Because of Urban Engineering's outstanding performance with the initial design, the decision was made to recommend award of this contract to Urban Engineering. Selection of this consultant will ensure project continuity and expedite the delivery of needed capacity. The project will be to design the installation of both 10 MGD pumps but the project will be structured to install one pump with the base bid and the second pump as an additive alternative. This allows flexibility in the funding of the construction of the project. The project consists of the installation of two 10 MGD pumps with new pipe, valves and fittings to connect to existing suction and discharge piping, discharge control valves, flow meters, MCCs with VFD, electrical wiring and miscellaneous items of work to complete the project. ALTERNATIVES: 1. Award the contract to Urban Engineering as proposed. —291 - nEngineering DataExchangeWELMAP4WATER'E120D4 STAPLES.STREET PUMPING F,.... k rv=vv ruMr$ICONSULTANT CONTR4C MGENOA 1 MEMO.docx EMERGENCY INON- EMERGENCY: Not Applicable: DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2041 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 9,011,073.12 9,011,073.12 Encumbered 1 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 - una{s : vvater Operating FY 2011- :omments: 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, Aping and electrical at the existing Staples Street Pumping Plant. Design will be completed in approximately Dur months. ZECOMMENDATION: City staff recommends that the contract be awarded to Urban 'Engineering of Corpus Christi, Texas, in le amount of $87,400.00 for Professional Services. .IST OF SUPPORTING DOCUMENTS: Project Budget Location Map .pprovals: Veronica Ocanes, 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 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 MgtlConstr 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. -293- File: Wpm ject \councilexhibits\exhE12004.dwg NUECES BAY CORPUS CHRISTI INTERNATIONAL AIRPORT • F.H, 43 FARM TO MARKET ROAD / F,M, 43 F.M. 665 PROJECT LOCATION 6 F.M. 14 PROJECT #E12004 LOCATION MAP 5 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 .- Mir =MI 19 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 danb(a7cctexas.com, (361) 826 -3729 Michael Morris, Director of Parks and Recreation -/77 Michaelmo(c .cctexas.com, (361) 826 -3464 CAPTION: Approval of Amendment No. 2: for 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 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 wiii aiso 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'Stlue uneute and SetdugslS.4iehaelMp,CCI'AI Loral Settinga\Tempoxary Internet Filae\ContentoutlnoIk4079 "° COUNCIL ACTIONTTEM.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 • $616,670.00 $616,670.00 BALANCE und(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 CreeklOso 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:\Engineering Da taExekange\Clarissa3\Parke13380. Osn By Phase 21Agenda ltent CITY COUNCIL AC7r 2 9 8- PROJECT BUDGET March 27, 2012 Oso CreeklOso 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 Trails 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 ( RVl)` ....... ............................... Design Consultant, Phase Two (RV]) ....... ............................... Other Consultants (Geotechnical, State Land Survey, etc.)......... Raimhigromontc• Contract Admin. (Contract Preparation/Award/Admin) (2.75 %),... Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt (3.5 %).. Construction inspection Services (3.5%).......... ..... Finance Reimbursements ( 1. 5%) ........ ............................... Misc. (Printing, Advertising, etc.) 286,980.00 616,670.00 57,450.00 165,701.41 210,892.71 132,390.30 90,382.59 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 -299- 98,573.99 \ Mproject \councllexhlbite\exh3380.dwg 050 RIVER ? ?� CCM F,P. 43 FM 2444 PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT #3380 OSO CREEK / OSO BAY AREA PARK MASTER PLAN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of/ -300- 20 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 Danbc cctexas.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 and Additive Alternate No. 1. (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 Tight control due 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 Alternate No. 1 Total Award Austin Traffic Co., Inc. Pflugerville, Texas Signal Construction $723,241.54 $177,106.90 $900,348.44 FIVE INTERSECTIONS AND UPGRADED TRAFFIC SIGNALS: • Alameda Street at Robert Drive (Base Bid) • Morgan Avenue at Cleo StreetlKokernot Street (Base Bid) • Ayers Street at Horne Road (Base Bid) • Port Avenue at Baldwin Boulevard (Base Bid) • Gollihar Road at Prescott Street (Additive Alternate No. 1) 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 and Additive Alternate No.1 is Austin Traffic Signal Construction Co., inc. of Pflugervilie, 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 and Additive Alternate No. 1 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: Operatino 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 Design / Expended Amount 91,600.00 0.00 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 und(s): Street Operating 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 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 PreparafionlAwardlAdmin) 31,512.00 Engineering Services (Project MgtfConstr 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 $0.00 * Consultant Contract awarded on May 25, 2010 by Motion No. 2010 -123 Construction Observation Services included in HDR Engineering's consultant contract. \Mproject \council exhibifs\exh6488bond2004.dwg • TRAFFIC SIGNALS TO BE UPGRADED PROJECT #6488 LOCATION MAP NOT 7O SCALE Traffic Signals (New and Synchronization) Bond 2008 Intersections of Alameda Street at Robert Drive, Morgan Avenue at Cleo Street%okemot Street, Ayers Street at Home Road, Port Avenue at Baldwin Boulevard, and Gollfhar Road at Prescott Street 2 0.6 CITY COUNCIL EXHIBIT cIr( OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: l of l 21 ATE: 3/8/2012 • AGENDA MEMORANDUM for the City Council Meeting of March 20, 2012 D: Ronald L. Olson, City Manager ROM: Jay Reining, Interim Director, Municipal Court 2540 • jayr @cctexas.com Appropriations related to Municipal Court special revenue fees, with related ordinance and budget amendments OPTION: 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 Iaw; 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 expenditureslrevenues 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 Iaw 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 Iaw 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. CKGROUND AND FINDINGS: nicipal Court collects three special revenue fees — building security fee, technology fee, and juvenile case nager fee. The monies from these special fees may only be spent on items specifically authorized by state as implemented by city ordinances. The last legislature amended the list of expenditures that could be ded by the building security and juvenile case manager fees. Item A makes conforming changes to the —309— )ity's code of ordinances. Items B, C, and D appropriate available special revenue fees and authorizes. Ixpenditures for items authorized by state law and amended city ordinances, and listed in exhibit A of the three Lppropriation ordinances. The fees are being appropriated to new special revenue funds instead of the Reneral fund to comply with the state laws, and the remaining balances in the general fund are being •ansferred to the new special revenue funds. No revenues for these fees were appropriated in the adopted Y 2011 -2012 budget. iLTERNATIVES: one considered. :THER CONSIDERATIONS: at applicable. DNFORMITY TO CITY POLICY: informs with city ordinances, as amended by item a. IAERGENCY / NON - EMERGENCY: )n- emergency two reading ordinances. PARTMENTAL CLEARANCES: m reviewed-and approved by City Attorney, Management & Budget, and Financial Services. VANCIAL IMPACT: Operating Expense / Revenue , fecal Year: 2011 -2012 Project to Date Expenditures (CIP only) . Current Year Future Years TOTALS ne Item Budget 0 0 0 cumbered / Depended Amount 0 0 0 its item 783,628 0 783,628 LANCE 783,628 0 783,628 ld(s): No. 1035 Municipal Court -- Building Security Fund, No. 1036 Municipal Court -- Technology Fund, 1037 Municipal Court -- Juvenile Case Manager Fund [uhEJents: None. COMMENDATION: Council should adopt the four ordinances as drafted. T OF SUPPORTING DOCUMENTS: le )royals: 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 --3 1 0— 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 teieconferencing_systems; "Bailiffs or contract security personnel during times when they are providing appropriate security services; "(- jSignage; "(8) faConfiscated weapon inventory and tracking systems; "() (1 m 2 ocks chains or other security devices; �,aTti i v1 �.vbna, chains, ia, v� other 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 —311— Section 2. Section 29-52(d) is revised to read as follows: '7Y Sec. 29 -52. - Juvenile case manager fee. * * * Page 2 of 3 (fj 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 arty 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 —312— Page 3 of 3 That the foregoing or inance war d far tiie first time and passed to its second reading on this the , ` day on/laird-1A , 2012, by the following vote: Joe Adame j NA - David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. gda0.,eikk 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: AAA YeAgyjlar, As stant City A orney For City Attorney Joe Adame Mayor day of , 2012: M C SPECIAL REVENUE FUND ORD AMEND 02292012 -313- 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 law and city ordinance; appropriating in and transferring $91,097.15 from the General Fund to the No. 1037 1035 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 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. Building Security Fund Approp Ord 03082012 —314— That the foregoing ordinance was r reading on this the day of Joe Adame Kelley Allen Chris N. Adler AAPtA- Larry R. Elizondo, Sr. ar6A-el Priscilla Leal A2L_ Page 2 of 2 a for the first time and passed to its second , 2012, by the following vote: David Loeb John E. Marez Nelda Martinez Scott That the foregoing ordinance was read for the second time and passed finally on this - the day of , 2012, by the following vote: David Loeb Joe Adame Kelley Allen Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal Passed and Approved, this the Attest: John. E. Marez Nelda Martinez Mark Scott day of , 2012. Armando Chapa City Secretary Approved: day of , 2012: Joe Adame Mayor II Yv e'Agu''- '-"�'� As tant Ci y Att For City Attorney Building security Fund Approp Ord 03082012 —315— MUNICIPAL COURT - BUILDING SECURITY FUND (1 035) REVENUE DETAIL ACCOUNT NUMBER ACCOUNT DESCRIPTION ACTUALS 2009 -2010 BUDGET 2010 -2011 ESTIMATED 2010 -2011 ADOPTED 2011 -2012 Unreserved 0 Reserved for Encumbrances 0 Reserved for Commltnrents 0 BEGINNING BALANCE OPERATING REVENUE Bufldfng security fees Total Fees TOTAL OPERATING REVENUE 0 79,385 79,385 79,385 NON - OPERATING REVENUE Interest Income Interest on Investments 0 Total Interest Income 0 TOTAL NON- OPERATING REVENUE 0 INTERFUND CONTRIBUTIONS Transfer from unappropriated FY 2010 -2011 building security fees TOTAL INTERFUND CONTRIBUTIONS TOTAL REVENUE & INTERFUND CONTRIB 91,097 91,097 170,482 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 -316- 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 Ballifls Contract Security Total Departmental Expenditures TOTAL TECHNOLOGY EXPENDITURES RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 64,950 84,000 128,950 128,950 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 -317- 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 1036 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. 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 201.0 -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 (2) —318— Page 2 of 2 That the foregoing ordnance was r -a• for the first time and passed to its second reading on this the day of Joe Adame Kelley Allen Chris N. Adler Larry R. Elizondo, S Priscilla Leal 2012, by the following vote: 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 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: Joe Adame Mayor day of , 2012: Yvette Aguilar Assistant City Attorney For City Attorney Technology Fund Approp Ord 03082012 (2) —319— MUNICIPAL COURT - TECHNOLOGY FUND (1036) REVENUE DETAIL 1 ACCOUNT NUMBER ACCOUNT DESCRIPTION ACTUALS 2009 -2010 BUDGET 2010 -2011 ESTIMATED 2010 -2011 Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE Technology fee Total Fees TOTAL OPERATING REVENUE NON - OPERATING REVENUE ADOPTED 2011 -2012 0 0 0 0 105 102 105, 102 105,102 Interest Income Interest on investments 0 Total Interest Income 0 TOTAL NON - OPERATING REVENUE o INTERFUND CONTRIBUTIONS Transfer from unappropriated FY 2010 -2011 technology fees TOTAL INTERFUND CONTRIBUTIONS TOTAL REVENUE & INTERFUND CONTRIB 150,1618 150,518 255 720 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 -320- MUNICIPAL COURT — TECHNOLOGY FUND (1 036) EXPENDITURE DETAIL BY ORGANIZATION ORG ORGANIZATION ACTUALS BUDGET ESTIMATED ADOPTED NUMBER NAME _ 2009 -2010 2010 -2011 2010-2011 2011 -2012 Departmental Expenditures Leased Workstations Leased Laptops Leased Printers Leased Scanner Leased Copiers Ins0I DBA Services Total Departmental Expenditures TOTAL TECHNOLOGY EXPENDITURES RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITIVENTS UNRESERVED CLOSING BALANCE 26,550 2,665 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-321— 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 law 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 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. Juv Case Manger Fund Approp Ord 03082012 —322— Page 2 of 2 That the foregoing o dinance was r d for the first time and passed to its second reading on this the , day of C 2012, by the following vote: Joe Adame Kelley Allen Chris N. Adler Larry R. Elizondo, Sr. Priscilla 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 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: Joe Adame Mayor day of , 2012: * L`rit 411./ AIL Y tte Ag filar A- - istant CI y Attorney For City Attorney Juv Case Manager Fund Approp Ord 03082012 —323— MUNICIPAL COURT- JUVENILE CASE MANAGER FUND (1037) REVENUE DETAIL IACCOUNT I ACCOUNT NUMBER DESCRIPTION ACTUALS 2009 -2010 BUDGET 2010 -2011 ESTIMATED 2010 -2011 ADOPTED 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 0. 0 0 116;742 118,742 115,742 Interest Income Interest on investments 0 Total Interest Income 0 TOTAL NON - OPERATING REVENUE 0 INTERFUND CONTRIBUTIONS Transfer from unappropriated FY 2010 -2011 juvenile case manager fees TOTAL INTERFUND CONTRIBUTIONS 247,464 247,464 TOTAL REVENUE & INTERFUND CONTRIB 357,206 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 —$24— MUNICIPAL COURT JUVENILE CASE MANAGER (1037) EXPENDITURE DETAIL BY ORGANIZATION DRG NUMBER ORGANIZATION NAME ACTUALS 2009-2010 BUDGET 2010-2011 ESTIMATED 201 0 -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 EXPENDITURES RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED 91,640 21,960 21,640 . 600 1,630 140,440 140,440 215,766 CLOSING BALANCE 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 -325- 22 NDA MgMogANDum for the Oh aopitioi) Mottirig pfMatgli 20, 2012 DATE: 3/7/2012 TO: Ronald L Olson, City Manager FROM: J. V. Garda, Msistent Police Ch' jvg4Obtakasorn 886-206 Appropriating ;70,000 to fund the SChOolgtOStihg,.00erd :PiPg.r013) CAPTION: Ordinance appropriating $70,000 from the Unreserved fund Eglandelnthe No. 1020 General Fund to fund thaSchool Crowing • Guard Program for remaihdOr:. of FY 2012. BACKGROUND.AND FINDING& As part of budget reductions, the School OrossingGuarolPrograrn was to, be completely eliminated on FebrUely 1, 2012. Through n"uMerouaMeetiriga With area school .superintendents, an agreement was reached to continue the program through FY2012 with the program being spared bad< in FY2013.. The School Crossing Guard program will bOntintle through the end off Y2012 and the necessary funds must be identified, The ostto cost continue the program with Nil gaff fOr the reMainder of FY2012 it $240,730. The recommendation for funding Was follows: 1, Red Light Camera funds set aside for uSg Traffio rigihaeriog,= 00000 2. Red Light Camera operational fundStemaining due to Using ority.latatheras and budgeted for 15 F- $60,C00 3. Police Department operational budget $7Q,730 4. Reserve Fund balance $70,000 For FY2013, the School CrOaaing Guard Pit-grain will be, redUced to Only 28orOSSIngs agreed upon by the school districts and the Police Department. Funding for the program VII be included in the Proposed FY2013 Budget. ALTERNATIVES: Not fund the School CrosSing 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 (CIP 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 of FY 2012. That the foregoing or finance was reV r the first time and passed to its second reading on this the day of . (1/\ , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal k4Ash.4-- 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 Joe Adame City Secretary Mayor APPROVED as to form: M R ReAt ? 20 By: T. T�I"sha Dang Assistant City Attorney for the City Attorney 23 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 `PM MichaelMo ©cctexas.com 361- 826 -3464 Name Southside Sports Complex ballfield for Raymond R. Dulak, Jr. CAPTION: Ordinance naming ballfield at Southside Sports Complex at 1901 Paul Jones Avenue the Raymond R. Dulak, Jr. Ballfield. 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. -335- 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 un sa: 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) Raymo d R,DuIak, Jr. ale fermi ##j {der Ray Dulafc 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 andfor operation of a park and recreation facility. This should include dates and awards received, if any. Played baseball in Corms Christi from age 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 • Ne hhnrhood anti pocket owl— require 50 signatures with - .�•...— ... anti I..�,�r.. -. require 50 +7iatlGttJlYi.�J with zip codes within a half (112) 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. 405 Poenisch Phone 793-5841 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:'" ,,Vll d�► WWi� jpItv Printed Name: .Dv1 (Vv„ VI�Yt� /J FOR OFFICE USE ONLY: Request: Approved Rejected Tabled : Date of Committee Action Date of Council Action Legal Notice — Newspaper „ Notice to Appropriate Caunciimember 1.91 _.. ,- uL IG I'iV[IC:EI - IVGIVI1LVI I IVVu 339- Southside Sports Complex "••• •"•• 1 11 anaunm Era ,■1 PAUL 'ONES WE. Proposed Raymond R. Dulak, Jr. Field —340— f 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 o reading on this the Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal finance was read for the first time and passed to its second day of CM. l'1 C1 , 2012, by the following vote: abLeilk_ 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 Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal PASSED AND APPROVED, this the ATTEST: David Loeb John E. Marez Nelda Martinez Mark Scott day of , 2012. Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: ��- 3 ?Di "2-- By: cyC� Lisa Agui , Assistant City Attorney for the City Attorney 24 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/ NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Ethics Commission /Legal Department —347— 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 riot 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: * * * * .:\LiSA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx —349— Page 2 matter. If a contract or business transaction involving the 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. (Hi) 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 your private 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:\LrSA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx -350- 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 lty ^^u^^'' meYY,bc.' 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 heraof be given full force_ and effect for its purpose, V� 1.r, vv �v�v.. ..v....,.. v- a- i• - -.. full - -- -- - -- --- - - -T T_ - -- - -- r - - -i - - - - 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. .:\LISA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx —351 Page 4 That the foregoin ordinance was read for the first time and passed to its second reading on this the day of L '1a vr. G■ , 2012, by the following vote: Joe Adame 0,4Q1'01-- David Loeb Chris N. Adler ,2UA_, John E. Marez Kelley Allen 6....nc Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal 'IVO 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 r�r l \V VL_iJ CIO LW IVlll1. By: Alison Logan First Assistant City Attorney For the City Attorney Joe Adame Mayor J:\LISA\2012 Ordinance\Ordinance with Ethics Commis amendments to Code of Ethics.docx 25 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/29/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 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 Staffs 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 less 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. -355- Cjty Council 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 una[sl: Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation (February 1, 2014 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: ILEGAL \SHARED1LEGAL- DEV.SVCS12012 AGENDA & NONAGENDAl0212.01 URBAN ENGINEEM3 -01 -2012, 0212 -01 URBAN ENGINEERING, AGENDA MEMO BY.DOCX 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 ` Existing Zoning District Existing Land Use w 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 007 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 NIA -357- 2/i6/20f2 PrpanachB . CORPJMM e t • r evkfrsp, `entServices CASE: 0212 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily t RM -2 Multifamily2 RM -3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CN -1 Neighborhood Commercial CN 2 Neighborhood Commercial CR -1 CR-2 CG -1 CG -2 CI CSD CR-3 FR H 13P Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic OVerlay Business Park IL ' Light Industrial IN Heavy industrial PUD Planned Unit Dev. Overlay R5 -10 Single - Family 10 RS-5 Single-FamilyG RS-4.5 Single - Family 4.5 RS-TF 1W0- Family 85-15 Single- Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park MN Manufactured Home Subject Properly Owners with 200' buffer 1n favor 1 /-. ■/\ �P caw, 061 asp of SUBJECT ° '.. 44: PROPERTY yo 2. _35 Owners w LOCATION MAP within 20r)' fisted on 1,1 Owners atiachedownership table A In opposition W 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 Staff's 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 Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to form: This / day of" (,'eborah Walther Bro j Assistant City Attorne For City Attorney , 2012 K:1 LegaRSHAREDILEGAL- DEV.SVCS12o12 Agenda & NonAgenda10212 -01 Urban Engineering1o3 -o1 -2012, 0212 -01 Urban Engineering, Draft Ordinance by EM.doc —3 3 6 0— 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. 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 Alien Larry Ellzondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:\LegaPPSNARED \LEGAL- DEV.SVCS\2012 Agenda & NonAgenda10212 -01 Urban Engineering103 -01 -2012, 0212 -01 Urban Engineering, Draf# Ordinance by EM.doc —3 61 — 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. RK''9�.,,,�y PROPERTY suRJECr Ceyo Del Dao JLOCATION MAP Oft 26 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 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: -365- 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 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 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. I !__ST nF CI UPPORTINfr DOCi tMENTS: wrvvvrnr�re a v. 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 —366— Corpus Christi Business and Job Development Corporation Major Business Incentives For Period Ended December 31, 2011 Major Business Incentives - Projects Approved by Board and City Council Contractual Balance Unpaid but • Pro ec Commitment Reprogrammed Revised Contract Expended to Date Committed FY11-12 FY72-13 FY13-14 FV 14-15 FY 15-16 $ 256,000 Sumer $ 640,000 $ - $ 640,000 $ . 384,000 $ 128,000 $ 128,000 $ - $ - $ - APAC 400,000 - 400,000 240,000 160,000 80,000 80,000 - - - APAC 1,375,000 (1,375,000) - - - - - - - - Turner Ind. 1,850,000 - 1,850,000 860,500 989,500 814,500 175,000 - - - TAMUCC Engineering Program 1,000,000 - 1,000,000 995,314 4,686 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 1,000,000 - - - - Del Mar Northwest Learning Ct. 979,000 - 979,000 931,960 47,040 47,040 - - - - Del Mar Aviation Maintenance 1,166,270 - 1,166,270 - 1,166,270 1,166,270 - - - - TDL Plastics 50,000 - 50,000 - 50,000 10,000 10,000 10,000 10,000 10,000 Oneta*' 295,260 - 295,260 - 295,260 59,052 59,052 59,052 59,052 59,052 Majek Boats" 300,000 - 300,000 - 300,000 180,000 30,000 30,000 30,000 30,000 Charlie's Place 336,000 (336,000) - - - - - - - - CMC 132,600 - 132,600 - 132,600 26,520 26,520 26,520 26,520 26,520 Craft Training Center 1,750,000 - 1,750,000 - 1,750,000 1,750,000 - - - - Lakeside Steel Texas 150,000 - 150,000 - 150,000 30,000 30,000 30,000 30,000 30,000 Project night"' 120.000 - 120,000 - 120,000 24,000 24,000 24,000 24,000 24,000 Project HQ'"- 125,000 125,000 - 125,000 25,000 25,000 25,000 25,000 25,000 NC Distributing 185,000 (18,500) 166,500 166,500 - - - - - - McTurbine, inc. 500,000 (883) 499,117 499,117 - - - - - - • 5 13,854,130 $ (1,730,383) $ 12,123,747 $ 5,577,391 $ 6,546,356 $ 5,345,068 $ 587,572 $ 204,572 $ 204,572 $ 204,572 RECAP OF ECONOMIC DEVELOPMENT FUND Unreserved Fund Balance through December 31, 2011 in the Economic Development Fund Amount unpaid but committed for Major Business Incentives Amount unpaid but committed for Small Business Projects Amount unpaid but committed for Affordable Housing Debt Service Payment for remainder of FY 2011-2012 Available Balance in the Fund for the Remainder of FY 2011-2012 -- Pending council approval K4 FlnancaLSHAREDNA42611-2012WA Conrrusis and Commilmanls 12-31-t1 $11,444,735 $ 6,546,356 $ 692,889 $ 1,474,919 $ 1,333,799 $ 1,396,772 1 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: f r rvM /6"-- , 2012 Charlotte m Assista y Attorney For City Attorney Type A appropord Kanon Services 02152012 CITY OF CORPUS CHRISTI Joe Adame Mayor -368- 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 -369- 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 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 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 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 Olyty 2 Page 2 of 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 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: / ay of t , 2012. Charlo chem Assista City Attorney For City Attorney RESOLUTION Kanon Sevices Business incentive Agreement n7 Gln�' �31— Page 3 of 3 Corpus Christi, Texas of , , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Eiizondo, Sr. Kelley Alien Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION Kanon Sevices Business Incentive Agreement UnG22 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 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. 51k6, 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; KANON -4 Page 1 of 9 —373— 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 —374— 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 Page 3 of 9 —375— KANON -1 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 lndemnitees. 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 lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 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. KANON -1 d. Kanon files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 4 of 9 —376— 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 -377- 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, 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 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 Attn: 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: Page6of9 —378—. 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 riot 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, narnrnh nrnviCinn nhracp nr wnrrl of this ArirAAm.nf ho 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. Page 7 of 9 KANON -1 —379— 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 form'a/ By Char otte Assistant .' f o_ rn_w For City Atey KANON -1 Page 8 of 9 -380- Kanon Services, LLC By: [Na 4j oAJ k) [Office] 114631460k Date: i/307/9-- cikA in) THE STATE OF TEXAS COUNTY OF NIleeES 5 ;-41r."-lb This instrument was acknowledged before me on [Name], [Office], for Kanon Services, LLC, a Texa limited lia: ility company, on behalf of the company. 30 , 2012, by Public to of Texas KANON -1 74.4.17 JORDANA i.. ADAMS _w 4 .. ^ °: Notary Public, State of Texas My Commission Expires 4'`f "�E' April 17, 2012 b i Page 9 of 9 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: $2,000,000 5th year actual: $1,500,000. Percent of Total: 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 —382 -- 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"). 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 Cl, 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 -384- 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. Severabillty. 1f f.. section, paragraph 1I% l . .,l.� Q. 11 1V1 any' reason, al 1)! .7GL,L1V11,'./Q1 paragraph, ijJ11, .�7UIJ.11YlOIVl1, clause, pIL!V171Vi1, 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 02082012 Page 2 of 3 —385— 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 w ay 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 Y. -.- =rrm Assistay Attorney for City Attorney Kam" support Agreement Type A City 02082012 Page 3 of 3 —386—. 27 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 @fin n 4 G over .C:..., .-..3 and the .. +:...., ... -..3 ..- .-a _r � .s additional s ei _ __ _ i �p30,935 over Q IIVG year period and 1.1lc t,l eatfll1 RI IU I1l iIItCIIaIII.:C VI 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 —389— 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 1 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 Rem Budget - Encumbered / Expended Amount This item 150,000 150,000 300,000 BALANCE 150,000 150,000 300,000 Fund(s): Type A Fund Comments' Frnm the Typo A F,,nrl 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 —390— Page 1 of 3 ORDINANCE Appropriating $300,000 from the unreserved fund balance in the No. 1140 BusinesslJob 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 -391- APPROVED: i6nr p / ' , 2012 Charlott em Assist City 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 oneta 02152012 -393- Pagelof3 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 $30 %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 +ha hi icinaee fnr +ha nraafinn anti ratnnfinn of inhe hnttataen 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. RE=SOLUTION Oneta Company Business incentive Agreemer94C112 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 APPROVED: __, day of r rte t 4 �rty:r harlot = ern Assista ity Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor , 2012. RESOLUTION Oneta Company Business incentive Agreement 0 .'? 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 Agreemer115'2 -' 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 aL_ T_____ Development __�_.�.Y _..a n_...�_.._a:_,- Act ..0 4A7fl A.-6 � 1I l r t /..- . -_...'_ r_..__ r �.. _�I the 1 exas DevelopI I e It �.UI po dtioi I tt ..t UI 19 r 9, Art, J 1 90.6, V Cl 1 IUI I s Texas FZevibtU 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 2092 —397— 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 —398— 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 fled 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 of persons, regard i_ nor permit discrimination against any purser r ur yE oup of persons, wit i rregar d 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 3 of 9 BUSINESS INCENTIVE AGREEMENT Oneta 02 02 2012 —399— 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 AgrGrrien t was incorrect or misleading in any metal WhC! i 11 IdUh, 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 —400— 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 ui uul Idition 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 —401— 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 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 Ri117.. 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 022012 —402— 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 IieE' 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 —403— 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 form, Z71'4__ .20/�— By Char atte Yoche.•. Assistant City y.07ney For City Attar =y Page 8 of 9 BUSINESS INCENTIVE AGREEMENT oneta 02 022012 —404— Oneta Company Karl Koch CEO Date: 7 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on eh2t►' , 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 Page9of9 BUSINESS INCENTIVE AGREEMENT °nets 92 02 2012 —405— 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 1,979,840 822,450 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 exampie 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 —406— 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 —407— 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, 73, Texas Locai 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 020820/2 Page 1 of 3 —408— 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 -409- 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 : / 2 a<, 2012. C arlotte Ywr Assistant Attorney for City Attorney Oneta Support Agreement Type A City 02082012 Page 3 of 3 —410— 28 AGENDA MEMORANDUM for the City Council Meeting of March 27th , 2012 DATE: March 15th, 2012 TO: Ronald L. Olson, City — Maanager FROM: Gustavo Gonzalez, P. ; Director of Water Operations gustavogo@cctexas.com 361.826.1874 Lease agreement with Girl Scouts of Greater South Texas CAPTION: Ordinance authorizing the City Manager, or designee, to execute a Lease Agreement with Girl Scouts of Greater South Texas for the use of a 76 -acre tract adjacent to Lake Corpus Christi through December 31, 2041; and providing for publication BACKGROUND AND FINDINGS: The property has been owned on a long -term basis by the City of Corpus Christi and leased to the State of Texas. It has been under sublease from the State of Texas by the Girl Scouts of America as Camp Greenhill. It is a 76.0 acre ranch located southwest of Park Road 25 adjoining the southeast and southwest sides of the Lake Corpus Christi State Park and the east side of Lake Corpus Christi. This Girl Scouts of America leased property has 76.0 net usable acres in total being made of two adjoining tracts of 38.0 acres each. These properties are currently under a month -to -month lease agreement. The camp has been improved over the years with roadways, restrooms, dining halls, swimming pools, and various facilities mixed into a relatively unspoiled ranch for camping experience. ALTERNATIVES: None OTHER CO 1 IDERA T IOf NS: None CONFORMITY TO CITY POLICY: This lease agreement conforms to City Charter requirements EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Water Department —413— FINANCIAL IMPACT: ❑ Not Applicable Operating Expense X Revenue a CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget .. Encumbered / Expended Amount This item 1.00 1.00 30.00 BALANCE Fund(s): Water Comments: The annual lease price of $1.00 will be a revenue to the Water Department. RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement Approvals: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Ordinance authorizing the City Manager, or designee, to execute a Lease Agreement with Girl Scouts of Greater South Texas for the use of a 76- acre tract adjacent to Lake Corpus Christi through December 31, 2041; and providing for publication Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or his designee, is authorized to execute Lease Agreement with the Girl Scouts of Greater South Texas for the use of a 76 -acre tract adjacent to Lake Corpus Christi. A copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61st day following City Council approval. -415- 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 Alien 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:"" /,3, D-"f-- By: `.t."-z Lisa Ag I r, Assistant City Attorney for the City Attorney 1 LONG TERM LEASE AGREEMENT GIRL SCOUTS OF GREATER SOUTH TEXAS THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi has certain lands adjacent to its water reservoir located on the Nueces River near the City of Mathis; and WHEREAS, portions of said land are intermittently used in connection with said reservoir, and request has been made for use of portions of said lands by Girl Scouts of Greater South Texas, and such use will be subordinate to the use by the City of Corpus Christi of said lands. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the City of Corpus Christi; hereinafter referred to as "City," acting herein by and through its City Manager, for and in consideration of the agreements herein contained by the Girl Scouts of Greater South Texas, a Texas nonprofit corporation, hereinafter referred to as "Lessee," do hereby enter into the following lease agreement: 1. DESCRIPTION OF PREMISES. The City of Corpus Christi, subject to the terms and conditions set forth herein, does hereby lease to Girl Scouts of Greater South Texas, the following described land and premises: A 38 acre tract of land, more or less, located adjacent to the water reservoir of the City of Corpus Christi formerly owned by the Lower Nueces River Water Supply District, south of the City of Mathis, Texas, and being the same tract referred to as "First Tract" in Lease Agreement dated April 10, 1958, between the City of Corpus Christi, The Lower Nueces River Water Supply District, and State Parks Board of the State of Texas; and additionally, Approximately 38 acres located adjacent to and north of the present Girl Scout Area; Beginning at the northwest comer of the Kate Jones Tract described in Volume 105, Page 153, of the Deed Records of San Patricio County, Texas; THENCE N 34 °42'E, a distance of 200 feet to the point of beginning of the tract herein described on the east line of said tract; C:\Documents and Settingslt.ea PeacocklMy DocumentslCamp Greenhi4 , Agreement- GEdScouts 2.doc 2 THENCE N 34 °42'E. a distance of 800 feet to the northeast corner of this tract; THENCE N 47 °43'30 "W, a distance of 1,816 feet to a point for . the northwest corner of this tract; THENCE S 34 °42'W, a distance of 1,040 feet to a point on the west line of this tract; THENCE S 55 °18'E, a distance of 1,800 feet to the PLACE OF BEGINNING; Containing approximately 38 acres of land. ( "Premises" or "Leased Premises ") 2. TERM. This Lease shall be for an Original Term beginning sixty (60) days after final approval by City Council and expiring on December 31, 2041(approximately thirty years). 3. RENT. 3.1 Amount. Rental for the -Leased Premises - shall be paid in annual installments and shall be the sum of One Dollar $1.00 per year, the receipt and sufficiency of which are hereby acknowledged. 3.2 As additional consideration for this Lease, Lessee agrees to construct improvements at the Leased Premises and maintain them in good condition, with annual value of improvements and maintenance to be at least $12,000.00 per year, adjusted annually by the Consumer Price Index. 3.3 As additional consideration for this Lease, Lessee agrees to allow Lessor free use of the Premises and Improvements at the Premises for Lessor - sponsored events, on mutually agreed upon dates, for a maximum of four events per year. 4. USE OF PREMISES. 4.1 Use. It is agreed that the Premises shall be used for no other purposes than for the recreational activities of Girl Scouts of Greater South Texas, Lessee herein, and the activities sponsored by Lessee for the benefit of the public. 4.2 Improvements. It is further agreed and stipulated that Lessee may erect on such Premises such buildings as it may desire to erect for the purpose of carrying out and aiding the recreational activities of Lessee, provided, however, that no such building shall be erected without the prior written approval of the Director of Water Operations C:IDocuments and SettingslLea Peacock\My Documents \Camp Greeo13ik1e& Agreement GIrlScouts 2.doc 3 for the City of Corpus Christi, and no such building shall be erected that would interfere in any manner with the ingress and egress to said Premises by City, its agents, and employees, in carrying out such municipal purposes for which said Premises was acquired; and, it further being understood that City shall not be liable in any respect for any taxes incurred by said Lessee as the result of building and erecting structures of other improvements on said Premises, and Lessee shall pay such taxes before they become delinquent, if any are assessed. 4.2.1. Before constructing any improvements, Lessee must have an assessment of the septic tank system and its ability to treat increased flows. 4.2.2 Lessee shall have the plans and specifications for the improvements prepared by state - licensed architects or engineers. LESSEE shall submit a copy of the plans and specifications to the City Manager or designee ( "City Manage'') for review and approval. If not approved by the City Manager, the City Manager shall furnish his written objections to LESSEE along with the requested changes that will make the plans and specifications acceptable. 4.2.3. LESSEE shall require the contractors who are awarded contracts for construction of the improvements to . furnish the following bonds by surety . companies authorized to do business in Texas: 4.2.3.1 Payment Bond - A payment bond in the amount of One Hundred Percent (100 %) of the contract shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City as an Obligee. 4.2.3.2 Performance Bond - A performance bond in the amount of One Hundred Percent (100 %) of the Contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City as an Obligee. If the City Attorney determines that Texas law does not require performance bond for the improvements, then the performance bond requirement is waived. 4.2.4. LESSEE shall include in all construction agreements for any improvements, the following provisions: 4.2.4.1. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless City and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney c:lDocuments and SettingslLea PeacocklMy DocumentslCamp Greenfl LmeAgreement- Girt8couts 2.doc 4 fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent .act of Contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and Contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands. 4.2.4.2. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. 4.2.5. LESSEE shall also require the contractors, in all LESSEE construction agreements for the improvements to fumish insurance in the amounts specified in the attached Exhibit and include in all construction agreements for the improvements the following language: "Prior to commencement of any activity on City of Corpus Christi's property, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an 'occurrence' basis." It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the City of Corpus Christi and LESSEE as an additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for thirty (30) days notice of cancellation to the City of Corpus Christi, for nonpayment of premium, material change or any other cause. C:IDocuments and SettingslLea PeacocklMy Documents\Camp Greennt2u2Agreement- GirfScouts 2.doc c. Be written through companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a Certificate of Insurance evidencing the required coverages to: Donna James - Spruce Risk Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 -9277 Gustavo Gonzalez, P.E. Director of Water Operations City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 - 9277' 4.2.6. LESSEE agrees that all work to be performed by it or its contractors, including all workmanship and materials, shall be of first -class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and the work shall be subject to City inspection during the performance thereof and after it is completed. However, the City shall have no duty to inspect. All proposed improvements at the Premises must be reviewed and permitted through City of Corpus Christi Development Services. 4.2.7. LESSEE shall discharge all obligations to contractors, subcontractors, materialmen, workmen and /or other persons for all work performed and for materials furnished for or on account of LESSEE as such obligations mature. LCJOGC WW1 Ub iy ueal. 1.11GL 11 Will IICILIICI CJ,IV IIVI LEIalIL, IIVI $JU11.7U1L kV yiv= UI grant any mechanic's or materialmen's lien upon the CITY's property or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or improvements thereon, and LESSEE shall discharge that lien within thirty (30) days after notice of filing thereof. 4.2.8. All plans and specifications referred to above and all construction upon the City's property shall comply with all applicable federal, state or municipal laws, C:1Documents and Settings\Lea Peacock\My DocumentslCamp GreenhilterseAgreement- G1rlScouts 2.dac 6 ordinances, rules, regulations and requirements. During the progress of all work, City's duly authorized representative may enter upon the premises and make such inspections as may be reasonably necessary for the purpose of satisfying CITY that the work or construction meets the requirements or standards. 4.2.9. Before any work on City property begins, LESSEE shall present the City Director of Engineering, the City Risk Manager, and the City Manager with evidence of Contractor's insurance coverages, and City building and construction permits. 4.2.10. The complete cost of developing all necessary plans and specifications and the cost of construction of the improvements by LESSEE shall be borne solely by LESSEE and be at no expense to City whatsoever. LESSEE shall pay all taxes, special assessments, or levies, if any, assessed during the term against or relating to the improvements, including ad valorem taxes pursuant to the Texas Property Tax Code, if any, until ownership of the Improvements is transferred to the City at the end of the term of this Agreement. 4.2.11 Any warranties given to the LESSEE regarding the improvements shall be transferred and assigned to City at the same time as the improvements are transferred to the City. 4.2.12. In the event of damage or destruction to the improvements, City shall have no obligation to repair or rebuild the improvements or any fixtures, equipment or other personal property installed by LESSEE. However, if said damage or destruction occurs prior to City's acceptance of the improvements, any insurance proceeds from any casualty loss shall be applied to the repair or rebuilding of the improvements, which will be the extent of LESSEE's obligation for repair. - 5. INSPECTIONS. 5.1 Lessee must conduct an initial inventory of all improvements on the property and deliver to City of Corpus Christi Real Estate Section within 90 days of the execution of the lease. 5.2 Lessee must have a professional engineer or sanitary engineer conduct an inspection of the septic tank or tanks and drainfield biannually and provide a written report to the Director of Water Operations. The first inspection and report must be provided by October 1, 2012. Thereafter, a new inspection and report will be provided by Lessee each six months. 6. TERMINATION. 6.1 Termination with cause. In the event of Lessee's breach of any provision of this Lease, Lessor shall provide Lessee with written notice of the breach, and give C :\Documents and Settingsli_ea Peacock\My Documents\Camp Greerihii TgAgreeriment- GidScouts 2.doc Lessee thirty (30) days to cure. If the breach remains uncured, then Lessor may terminate this Lease by providing Lessee with written notice of termination. 6.2 In the event that a court finds that this agreement is not in compliance with applicable Federal, State of local laws, then the parties agree to terminate this lease within sixty (60) days of court ruling and renegotiate new agreement with terms that are mutually satisfactory. 6.3 In the event Lessee ceases to utilize the Premises for its intended purposes for period of one year or longer, then the Lessor may terminate this lease after providing Lessee with thirty days written notice of default and opportunity to cure. 7. CONDITION OF LEASED PREMISES. 7.1 No Warranty. LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING NO WARRANTY FOR HABITABILITY OR FITNESS FOR A PARTICULAR USE. 7.2 Improvements. It is agreed that Lessee, subject to the prior approval of the City Manager, shall have the right from time to time at its sole cost and expense, to construct on the Leased Premises such buildings and other improvements, as deemed necessary for the purpose of conducting Lessee's activities, the complete direction and control of which shall be the responsibility and prerogative of the Board of Directors of Lessee. 7.3 Permits. Any permit for improvement to the property under this Lease Agreement must comply with the terms of this Lease Agreement, and all applicable City, State and Federal laws, codes and regulations. 7.4 Maintenance. Lessee agrees to keep, repair and maintain any and all structures in place, erected, or caused to be erected or placed on the Leased Premises in good condition and appearance, and further agrees to keep said Premises in neat and clean condition, including prompt removal of all trash, litter, debris and junk. 7.5 Failure to Maintain. In the event Lessee shall fail to keep said Premises and improvements in a manner acceptable to the City of Corpus Christi, then the City Director of Water Operations, after reasonable notice, shall have the power and express authority to cause or require the Premises to be cleaned, cleared or mowed, and Lessee expressly authorizes the cost of any such cleaning, clearing or mowing to be added to the annual rental payment with interest at the rate of six percent (6 %) per annum, beginning thirty (30) days from the date on which the work was completed, until such cost is paid in full. C:IDocuments and SettingslLea Peacock\My DocumentslCamp Greenh4 eAgreement- Gir1Scouts 2.doc 8. LIMITATIONS OF LESSEE IN LEASED PREMISES. 8.1 Reservations. Lessor, its agents and assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas, and other mineral leases upon the Premises, valid right of way easements for gas, oil, or water pipelines, telephone, cable electric or other utility pole transmission lines on said Premises, or any part thereof, and in such event, this Lease Agreement shall be subject and subordinate to the rights, terms, and privileges of any such oil, gas, and other mineral lease or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. 8.2 Easements. An easement across the Premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights -of- way for roads, alleys, or other throughways. 8.3 No Assignment or Subletting. Lessee will not assign or sublet this Lease Agreement, in whole or in part, without the written consent of Lessor. 8.4 No Encumbrances. Lessee shall not have the right to encumber the Leased Premises without the prior written consent of the City Council. 8.5 Lessor's Right to Enter. At all times, Lessor or its agents shall have the right to enter said Premises during reasonable hours for the purpose of examining and inspecting the same and determining whether Lessee shall have complied with all of its obligations hereunder in respect to all the terms and -conditions of this Lease Agreement. When camp is occupied Lessor or agent shall immediately report to GSGST representative upon entering Premises. 8.6 This Lease shall be subject to the continued uses by City of said Premises as a part of a municipal water supply system, including the use thereof for the drilling of wells and the production of water, gas, and other minerals therefrom. 8.7 This lease shall also be subject to all outstanding agreements heretofore executed by the former Lower Nueces River Water Supply District and City, and the uses and activities by the Lessee shall be subject at all times to the uses by City, its agents, and employees of such Premises for the municipal purposes for which said property was acquired. 8.8 City reserves all oil, gas, uranium, lignite, and other mineral interests, together with the right of ingress and egress for the exploration, development, production, transportation, and -processing the products hereof, in, under, or concerning said Premises or any part thereof, which the City or its assigns have or may have. 8.9 City also reserves the right to use said Premises as an evacuation area in case of disaster or enemy attack. C:1Documents and SettingslLea Peaoock\My DocumentsCamp Greewt +iitasileeAgreement- GlrGeouts 2.doc 9 9. DEBTS RELATED TO LEASED PREMISES. 9.1 Taxes. Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this Lease Agreement may be levied on or assessed against the Leased Premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Lessee, or to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges, and assessments. 9.2 Incidental Charges. Lessee shall pay or cause to be paid all incidental charges, including, but not limited to, permit fees incurred in connection with its operations and use of the Leased Premises. 9.3 Utilities. Lessee shall pay or cause to be paid all charges for water, sewer, gas, electricity, trash pick -up, cable, and any and all other utilities used on the Leased Premises throughout the term of this Lease Agreement, including any connection fees. The City of Corpus Christi reserves the right to request that the water well be metered to record water consumption. If the water well is used for irrigation or gray water, pumpage must be limited as directed by the City Director of Water Operations or his designee. Lessee remains responsible to test water quality at the Premises to insure quality meets applicable Federal, State, and local standards and regulations. 10. COVERAGES. 10.1 Indemnification. 10.1.1 General Indemnification. Lessee agrees to indemnify, defend, and hold City of Corpus Christi, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees, hereinafter called "Indemnitees,° free and harmless from and against any and all claims, demands, proceedings, suits, judgments, costs, penalties, fines, damages, losses, attorneys' fees and expenses asserted by any person or persons, including agents or employees of Lessee or City, by reason of death or injury to persons, or loss or damage to property, resulting from or arising out of, the violation of any law or regulation or in any manner attributable to any act of commission, omission, negligence or fault of Lessee, its agents or employees, or the joint negligence of Lessee and any other entity, as a consequence of its execution or performance of this Contract or sustained in or upon the Premises, or as a result of anything claimed to be done or admitted to be done by Lessee hereunder. The Lessee shall fully indemnify, save, and hold harmless the lndemnitees against any and all liability, damage, loss, claims, demands, and actions of C:1Dacuments and Settingsllea Peacock\My Documents\Camp Greenhillter3eAgreement GidScauts 2.dac 10 any nature whatsoever on account of personal injuries, including, without limitation on the foregoing, workers' compensation and death claims, or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the use of these Premises and improvements unless such injury, loss, or damage shall be caused by the sole negligence of lndemnitees. Lessee shall, at Lessee's own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. Lessee shall assume full responsibility for the safety of ail persons and property using said Premises, including without limitation Lessee's guests, invitees, employees, and licensees. This indemnification shall survive the term of this Contract as long as any liability could be asserted. Nothing herein shall require Lessee to indemnify, defend or hold harmless any indemnified party for the indemnified party's own gross negligence or willful misconduct. 10.1.2 Prospective Application. Any and all indemnity provided for in this Contract shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder and shall apply prospectively not only during the term of this Contract but thereafter so long as any liability (including but not limited to liability for closure and post closure costs) could be asserted in regard to any acts or omissions of Lessee in performing under this Contract. 10.1.3 Retroactive Application. The indemnity provided for in this Contract shall extend not only to claims and assessments occurring during the term of this Contract but retroactively to claims and assessments which may have occurred during the term of previous agreements between City and Lessee.. 10.2 insurance. Lessee shall comply with all insurance requirements in the attached Exhibit. 11. SURRENDER OF PREMISES. 11.1 Restoration. Within thirty (30) days after the expiration or termination of this Lease, Lessee agrees to quit and surrender the said Premises in as good state and condition as the reasonable use and wear thereof will permit, and in such case, Lessee may remove all the personal property owned by it on said Premises, provided that removal will not destroy the Premises, or that any such destruction shall be repaired at Lessee's cost within thirty (30) days of removal. C:1Documents and SeitingslLea PeacockkMy DocumentslCamp GreenhiltaeeAg ►eement- Gfr1Scouts 2.doc 11 11.2 Delivery. Lessee agrees to promptly and peacefully deliver possession of the Leased Premises and improvements to Lessor upon termination of this Lease Agreement. 11.3 In no event shall Lessor be required to reimburse Lessee for improvements which remain on the Premises or expenses incurred by Lessee in connection with removal of the improvements. 11.4 Abandoned Property. All items of personal property and the current improvements owned by Lessee remaining in or on . the Leased Premises after the expiration of sixty (60) days following the termination of this Lease Agreement shall be deemed abandoned by Lessee and shall become the property of Lessor. 12. MISCELLANEOUS. 12.1 Invalid or Illegal Provisions. If any clause or provision of this Lease Agreement is illegal, invalid, or unenforceable under present or future laws effective during the term of this Lease Agreement, then and in that event, it is the intent of the parties that the remainder of this Lease Agreement shall not be affected. It is also the intent of the parties to this Lease Agreement that in lieu of each clause or provision of this Lease Agreement that is illegal, invalid, or unenforceable, there are added as a part of this Lease Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible to be legal. 12.2 Terms of the Essence. IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO THAT EACH AND EVERY TERM, STIPULATION AND RESTRICTION CONTAINED HEREIN IS OF THE ESSENCE TO THIS LEASE AGREEMENT, THE VIOLATION OF WHICH SHALL ENTITLE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE AGREEMENT. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE AGREEMENT. 12.3 Remedies. 12.3.1 Upon Termination. Any termination of this Agreement shall not relieve Lessee from the payment of any sum or sums that then shaii be due and payable to Lessor hereunder, or any claim for damages then or theretofore accruing against Lessee hereunder, and any such sum or sums or claim for damages by any remedy provided by law, or from recovering damages from Lessee for any default thereunder. 12.3.2 Cumulative Remedies. All rights, options, and remedies of Lessor contained in this Lease Agreement or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the C:1Documents and SettingslLea PeacocklMyDocuments \Camp Greertpi L2apeAgreement- GIrlScouts 2.doc 12 right to pursue any one or all such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease Agreement. 12.3.3 Reimbursement of Lessor's Expenses. Lessee shall pay on demand all of Lessor's expenses including, but not limited to, attorney's fees and court costs incurred in enforcing any of Lessee's obligations under this Lease Agreement, which include, but are not limited to, collection of annual rental fees and collection of utility payments, taxes, and other legitimate assessments, 12.4 No Waiver. No waiver by Lessor of a breach of any of the covenants, conditions, agreements, or restrictions of this Lease Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction herein contained. 12.5 Notices. Any notice or demand that either party desires or is required to be given by this Lease Agreement shall be in writing and shall be deemed sufficient if sent by United States certified mail, return receipt requested, postage prepaid to the following: If to Lessor: If to Lessee: City of Corpus Christi Attn: City Manager. P.O. Box 9677 Corpus Christi, Texas 78401 City of Corpus Christi Attn: Director of Water Operations P. 0. Box 9677 Corpus Christi, Texas 78401 GIRL SCOUTS OF GREATER SOUTH TEXAS Attn: Chief Executive Officer Harlingen Service Center 202 E. Madison Harlingen, i eras r 00 U 12.6 Amendments. No modification of this Lease Agreement shall be binding unless it be in writing and executed in due form by all of the parties hereto. 12.7 Easements and Restrictions. Lessee takes this Lease Agreement and the Leased Premises subject to all recorded easements and restrictions affecting the occupation and use thereof, and subject to all statutes, ordinances, and regulations of C:IDocuments and Settings \Lea Peacock \My DocumentslCamp GreenhiII L adeAgreement- GirlScouts 2.doc 13 competent governmental authority affecting the occupancy and use thereof, and the construction and maintenance of improvements thereof. 12.8 Relationship of Lessor and Lessee. The relationship between Lessor and Lessee at all times shall remain solely that of Landlord and Tenant and shall not be deemed a partnership or joint venture. 12.9 Headings. The paragraph headings contained herein are for convenience and reference and are not intended to define, extend, or limit the scope of any provisions of this Lease Agreement. 12.10 Interpretation. This Agreement shall be construed in accordance with the laws of the State of Texas. 12.11 Anti- Discrimination. Lessee agrees that it will not violate any federal, state, civil rights, or discrimination laws. A finding of violation of any such laws by a trial court or appropriate state or federal agency is a material breach of this agreement which may result in the termination of the agreement or such other remedy as Lessor may deem appropriate. 12.12 Compliance with ADA. Lessee agrees to comply fully with the provisions of the Americans with Disabilities Act and to make any and all displays, events, or activities on Leased Premises accessible to individuals with disabilities. 12.13 Hold Over. It is distinctly understood and agreed by and between Lessor and Lessee that any holding over by Lessee of the herein demised Premises after the expiration of this Lease Agreement shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor. 12.14 Compliance with Laws. Lessee further agrees, and it is part of the consideration hereof, to obey any and all rules and regulations enacted by City governing the activities of persons, boats, etc:, on Lake Corpus Christi adjacent to the Premises and for the protection of the waters of said Lake from contamination as a water supply reservoir of the City of Corpus Christi, Texas. Lessee shall comply with all applicable Federal, State and Local laws and regulations. 12.15 Venue. Venue for any disputes regarding this lease shall be the courts of Nueces County, Texas. 12.16 Entire Agreement. The Lease Agreement constitutes the entire agreement between the parties hereto, and Lessor is not bound by any agreement, stipulation or representation made by any agent, employee, or official of Lessor. 12.17 This Lease Agreement was executed in duplicate originals. C:IDDcuments and SettingslLea Peacack\My Documents\Camp Greer 4L2g& greement GfrIScouts 2.dac 14 ATTEST: LESSOR: CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager Armando Chapa, City Secretary Approved as to Legaj form: 3'16— , 2012 i By: a/rii Lisa Aguilar, Assistant City Attorney for City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2012, by Ronald L. Olson, City Manager for CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas C:1Documents and SeitlngslLea PeacocklMy DocumentslCamp Greentai4IapeeAgreement GlrlScouts 2.doc 15 LESSEE: Girl Scouts of Greater South Texas By: Velma eleafted Deborah Branch Chair of the Board of Directors THE STATE OF TEXAS § COUNTY OF CAMERON § This instrument was acknowledged before me on the ! 44 day of Moth. , . ao/A. 2012, by Deborah Branch as Chair of the Board of Directors of the GIRL SCOUTS OF GREATER SOUTH TEXAS, a Texas non - profit corporation, on behalf of said corporation. MARIO GARCIA Notary Public, State of Texas My Commission Expires March 19, 2016 Notary Public, State of Texas C:1Documents and SettingslLea Peacock1My Documents\Camp Greerbi lisee ekgreement GiriScouts 2.doc INSURANCE REQUIREMENT EXHIBIT LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required 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 any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30- written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to property or equipment used regardless if owned, rented, leased or borrowed. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable for paid employees, WHICH COMPLIES WITH THE TCVAC 1A /nDLICDC' r∎nRA[]l= AI0, ATIr1AI 1 L..MV YY vl \I \LI \V vvrvlr L.Ir .an I MY ACT AND SECTION II OF THIS EXHIBIT $500,000 /$500,0001$500,000 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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). Lessee 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. Lessee 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 Manager and Water Dept. Director P.O. Box 9277 Corpus Christi, TX 78469 -9277 D. Lessee 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 policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 'E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. Girl Scout Lease of 76 Acres at lake Corpus Christi Council Presentation March 27t", 2012 WATER DEPARTMENT City of Corpus Christi Map SUNRISE BEACH CAMPGROUND CITY OF CORPUS CHRISTI BIRD & WILDUEE SANCTUARY WATER DEP RTMENT Background • On July 21, 1992, City Council approved a 17 year Lease Agreement with Paisano Girl Scout Council for use of 76 acres of land at Lake Corpus Christi, -Camp Greenhill. • In 2007, the Paisano Girl Scout Council was realigned into new Greater South Texas Girl Scout Council, which covers area west to Laredo, north to Victoria, and south to Brownsville. WATER DEPARTMENT • New lease will have term of approximately thirty years, expiring December 31, 2041. • Girls Scouts maintain and improve the property, and the property is available for City use up to 4 events per year. • Terms of lease is $1 per year. • Girl Scouts must construct an annual value of improvements of $12,000 increased each year by the CPI index. • May be terminated if the courts find the lease not in compliance with any Federal, state or local laws. WATER DEPARTMENT WATER DEPARTMENT 29 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 4/10/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Lease purchase of two Bomag Tandem Vibratory Rollers Recommendation: Motion approving the lease purchase of two (2) Bomag Tandem Vibratory Rollers from Anderson Machinery, Corpus Christi, TX for a total amount of $196,960.00 of which $10,551,81 is required for fiscal , year 201112012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). The equipment will be used by the City's Street Department. All units are replacements to the fleet. Funds for the lease /purchase of the rollers 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 heavy (9 ton) steel wheel rollers to compact hot -mix asphalt used in street repair projects throughout the city. The current units have been in service for 14 to 17 years and the useful life of these rollers has been exhausted. The local Anderson Machinery Company will handle delivery to the City and provide warranty service and repairs. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: The two Bomag Tandem Vibratory Rollers 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 two Bomag Rollers will be $42,207.24. Total estimated cost over the sixty month period, including principle of $196,960.00 and interest of $14,076.20, is $211,036.20. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: —443— Not Applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $721,064.92 $200,484.39 $921,549.31 Encumbered / Expended Amount $609,607.43 0.00 $609,607.43 This item $10,551.81 $200,484.39 $211,036.20 BALANCE $100,905.68 _ 0.00 $100,905.68 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 CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY COUNCIL DATE: MARCH 27, 2012 ITEM DESCRIPTION QTY. UNIT Price Sheet HGAC Contract SM10-10 Anderson Machinery Corpus Christi, Tx. 1. Bomag BW 141AD-4 Tandem Vibratory Roller - 84.4hp with 5 year/5000 hour full machine warranty TOTAL: 2 each Unit Price $98,480.00 Extended Price $196,960.00 $196,960.00 30 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 315/2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, .Director of Public Health Annetter @cctexas. com 361- 826 -7205 Authorizing an extension for Women, infant & Children Program at Corpus Christi - Nueces County Public Health District CAPTION: A. Resolution authorizing the City Manager or his designee to accept a six -month extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for April 1, 2012 — September 30, 2012, and to execute all related documents. B. Ordinance appropriating a grant amendment in the amount of $500,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program resulting from an extension of the term of the grant agreement; and declaring an emergency. BACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition- related risks. This item approves an extension of the contract with the Department of State Health Services to provide services at the Corpus Christi - Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The contract will extend from 4/01/2012 through 09/30/2012, This grant provides level funding. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the Corpus Christi - Nueces County Public Health District OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. —449— EMERGENCY / NON-EMERGENCY: Item required two readings. DEPARTMENTAL CLEARANCES: Legal Finance - Federal Grant 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 500,354 500,354 Encumbered / Expended Amount This item 500,354 500,354 BALANCE Fund(s): Health Grant Fund Comments: No match funding required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution /Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager -450- Resolution authorizing the City Manager or his designee to accept a six -month grant extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for April 1, 2012 - September 30, 2012, and to execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to accept a six - month grant extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for April 1, 2012 - September 30, 2012, and to execute all related documents. ATTEST: Armando Chapa City Secretary APPROVED: February 29, 2012 Eliza., = h R. Hundley Assi- nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHree308 WIC Grant Amdmt 20120229 Page 1 of 2 Corp.us Christi, Texas day 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 EHnes308 WIC GrantAmdmt 20120229 Page 2 of 2 Ordinance appropriating a grant amendment in the amount of $500,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program resulting from an extension of the term of the grant agreement; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant amendment in the amount of $500,354 from the Texas Department of State Health Services is appropriated In the No. 1066 Health Grants Fund for the Women, Infants, and Children Program, which resulted from an extension of the term of the grant agreement. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and. (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 29, 2012 Eliza; h R. Hundrey Assi ant City Attorney for the City Attorney EHord355 WIC Grant Amdmt 20120229 Joe Adame Mayor - -453 -- Page 1 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: 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, Council Members Joe Adame Mayor 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 EFiord355 WtC Grant Amdmt 20120229 Page 2 of 2 —454— 31 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: March 27, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008) AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field. Road to Nile Drive (Bond Issue 2008) with the City's participation in the amount of $8,562. BACKGROUND AND FINDINGS: Williams Drive Phase 1 from Rodd Field Road to Nile Drive was approved by the voters as part of the 2008 Bond Election. The proposed project includes design and construction of a 4 -lane roadway with curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings and street lighting. The intersection at Williams Drive and Nile Drive will be signalized, and the location of the signal at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive will be adjusted to accommodate the street improvements. A vehicle drop zone will be added for Smith Elementary School at the intersection of Williams Drive and Nile Drive. Utility lines, including water, wastewater, storm water, and gas, will be replaced and /or rehabilitated. The capacity of the storm water system will be increased by installing new box culverts. The City is responsible for 4f1A0% of il-... .,1. -. and ..i- �L7� costs. -�-L• The City is E esponsib a for 100 io of the design and consu uc ion cods. I his project triggers design review and construction oversight by TXDOT for the portion of the project that crosses State Highway 357 (Rodd Field Road). Improvements at the intersection of State Highway 357 (Rodd Field Road) include installation of additional box culverts, rehabilitating the underground sanitary sewer gravity line, relocation of signals, sidewalks, ADA curb ramps, and widening the roadway with new lane striping. The City of Corpus Christi will contribute an initial payment of $6,286 for Direct State Costs for preliminary engineering design review and $2,276.00 before construction to cover Direct State Costs for oversight. Initial payment of $6,286 is due upon City execution of the Advance Funding Agreement. K:IENGINEERING DATAEXCHANGEIVELMAP4STREET\6466 WILLIAMS DRIVEITXDOT ADVANCE FUNDING AGREEMENTII AGENDA ITEM MEMO.DOCX —457— ALTERNATIVES: 1. Execute the Advance Funding Agreement and proceed with the construction of Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008). 2. Eliminate the construction within Rodd Field Road. OTHER CONSIDERATIONS: The City has obtained a permit from TXDOT to perform the work within the Rodd Field Road right -of- way; however, the City will not begin construction without the Advance Funding Agreement in place. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; RFQ No. 2008 -05 Bond Issue 2008 Projects; FY 2011 -12 Capital Budget. EMERGENCY / NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year . Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $8,562.00 $8,562.00 $(8,562.00) BALANCE $(8,562.00) unacs): tree Comments: TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $8,562. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Advance Funding Agreement With the Texas is recommended to GnGVULG the lluYallLe 1 LII II�IiIg At�leefllelll With LIIC texas uBF]ar[nlent of Transportation (TXDOT) for installation of additional box culverts, rehabilitating the underground sanitary sewer gravity line, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008). LIST OF SUPPORTING DOCUMENTS: 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 KaENGINEERING DATAEXCHANGEIVELMAPISTREET1646S WILLIAMS DRIVEITXDOT ADVANCE FUNDING AGREEMENTI1 AGENDA ITEM MEMO.DOCX -458- File : \ Mproject \councilexh\exh6466C.dwg WILLIAMS DRIVE, PHASE 1 FROM RODD FIELD ROAD TO NILE DRIVE 4o, CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008) with the City's participation in the amount of $8,562. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection-of State Highway 357 (Rodd Field Road) and. Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008) with the City's participation in the amount of $8,562. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. ATTEST: Armando Chapa City Secretary AP ROVED A TO F RM: 09- Mar -12 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor J:11.ENG11 AGENDA ITEM 511210410121041012 RESO AFAbox culverts, relocation of signals, widening HWY 357 (Rodd Field Rd.) and WIIliams.docx —460— 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 J:11.ENG11 AGENDA, ITEM 511210410121041012 RESO AFAbox culverts, relocation of signals, widening HWY 357 (Rodd Field Rd.) and Williarns.docx -461- CSJ # 1069 -01 -033 District # 16 — Corous Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A Urban Area (Non -TMA) Corridor Projects (Drainage improvements) On- System THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 112943, authorizing the State to undertake and complete a highway improvement generally described as construct drainage improvements on SH 357 called the "Project "; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or nrriinance dated on which ttach rru uvi is aLLald ICU iV al lU made a part of this agreement as Attachment "A" for the improvement covered by this agreement. A map showing the Project location appears in Attachment "B," which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA- AFA— LongGen Page 1 of 11 Revised 05/06/2011 —462— CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Install additional box culverts, relocate signals and widen roadway at the intersection of SH 357 and Williams Drive, as shown on Attachment "B ". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget Attachment "C ", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non - federal or non -state participation costs associated with the Project, including any overruns in excess of the approved local AFA- AFA_LongGen Page 2 of 11 Revised 05106/2011 —463— CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development project budget unless otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. G. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing, The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of. Transportation Trust Fund? The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. J. The State will not pay interest on any funds provided by the Local Government. K. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. L. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. M. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 0. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. AFA- AFA_LongGen Page 3 of 11 —464— Revised 05/06/2011 CSJI # 1069-01-033 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7__ Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA- AFA_LongGen Page 4 of 11 —465— Revised 05/06/2011 CSi # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government'is responsible for the cost of any environmental problem's mitigation and remediation. - C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas: Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (Pl. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American As••s�n�r�ia- •tin•.•n o.•f State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional AFA- AFA_LongGen Page 5 of 11 Revised 05/06/2011 —466— CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the State will be given the opportunity to review and approve contract change orders. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA -1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469 -9277 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. AFA AFA LongGen Page 6 of 11 Revised 05/06/2011 —467 -- CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection. Federal Highway Administration CFDA # 20.205 Not Research and Development 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with feversi fuindc the parties shall rnmp!y with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly AFA- AFA_LongGen Page 7 of 11 —468— Revised 05/06/2011 CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development authorized representatives for review and inspection at its office during the contract period and uc for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making ec audits, examinations, excerpts, and transcriptions. ce hi 23. Civil Rights Compliance o The Local Government shall comply with the regulations of the United States Department of iti4 Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200), rytl, and. Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive al Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). eq !lic 24. Disadvantaged Business Enterprise (DBE) Program Requirements ific A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE ivlE program. C. The Local Government shall set an appropriate DBE goat consistent with the State's DBE pa guidelines and in consideration of the local market, project size, and nature of the goods or y services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in ng TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas nt, Department of Transportation's Federally Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address ar, htto : /ltxdot.govlbusinessibusiness outreach /mou.htm. ,cy E. The Local Government shall not discriminate on the basis of race, color, national origin, or mt sex in the award and performance of any U.S. Department of Transportation (DOT)- e1 assisted contract or in the administration of its DBE program or the requirements of 49 CFR Ids Part 26. The Local Government shall take all necessary and reasonable steps under 49 B. CFR Part 26 to ensure non - discrimination in award and administration of DOT- assisted le contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by ntr DOT, is incorporated by rafArprittp in this 1 PAFA- ImplAmentatinn of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, ils the State may impose sanctions as provided for under 49 CFR Part 26 and may, in an appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The .k , contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race, color, he national origin, or sex in the performance of this contract. The contractor shall carry out 1e applicable requirements of 49 CFR Part 26 in the award and administration of DOT ce assisted contracts. Failure by the contractor to carry out these requirements is a material ur AFA- AFA_LongGen Page 8 of 11 Revised 05/06/2011 11 —469— CSJ# 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C - PROJECT BUDGET 'Feder Ppatto Engineering/ Environmental (by Local Government) $ 57,146.00 0% Construction (by Local Government) $ 282,905.00 b% $0 0% $0 100% $ 57,146.00 $0 4% Construction Engineering by Local Government) Subtotal $ 20,695.00 60,74a tJ Direct State Costs for Preliminary Engineering $6,286.00 Environ. Direct State Costs (20 %) Right of Way Direct State Costs (20 %) Engineering Direct State Costs (40 %) $ 1,257.00 0% $0 $0 100% $ 282,905.00 $ 20,695.00 0% 1$o 0% $0 100% $ 1,257.00 $ 1,257.00 0% $0 0% $0 100% $ 2,515.00 0% $0 Utility Direct State Costs (20 %) 1,257.00 0% $o o% o% so 100% $ 1,257.00 $ 2,515.00 so 100% $ 1,257,00 Construction Direct State Costs $ 2,276.00 0 °/a $0 Indirect State Costs $ 26,226.00 0% $0 (7.27°,40 0% $o 100% $ 2,276.00 100% $ 26,226.00 [0% $0 Initial payment by the Local Government to the State: $ 6,286.00. Payment by the Local Government to the State before construction: $ 2,276.00. Estimated total payment by the Local Government to the State $ 8,562.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA- AFA_LongGen Page 1 of 1 Attachment C —470— 32 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/612012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB ©cctexas.com (361) 826 -3729 CAPTION: TEXAS INTERNATIONAL. BOAT SHOW Motion approving the temporary street closures of the Peoples Street T -head and the northbound lanes of Shoreline Boulevard (including the medians) from the north curb line of Schatzell Street to the south right -of- way of Taylor Street, beginning at 6:00 a.rn. on Monday, April 16, 2012 and ending at 6:00 p.m. on Monday, April 23, 2012; for the Texas International Boat Show. BACKGROUND AND FINDINGS: The Texas International Boat Show will take place at the Corpus Christi Downtown Marina from April 19th through April 22nd, 2012. Street closures will begin on Monday, April 16th, 2012 at 6 am and end on Monday, April 23"d, 2012. The temporary street closures include the closure of the entire Peoples Street T -Head Water Access Area (encompassing Docks E, F, G, and H in the Marina), including boat slips and other amenities. The Boat Show will grant access by a golf cart, free of charge, to those individuals wishing to access Landry's Restaurant on the Peoples T -Head during set up time, before the event opens daily and after the event closes. Traffic control devices will be in place to provide for the safety and transportation needs for both pedestrians and vehicular traffic. All traffic control measures have been agreed upon under an existing 5 -year lease agreement with the City and its Corpus Christi Municipal Marina_ Ms. Marion Bryant, of MMD Communications, has requested the City Council to approve the subject temporary street closures for the 2012 Texas International Boat Show. ALTERNATIVES: No Alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: —473— EMERGENCY! NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable Fiscal Year 2011 -2012 Project to Date Expenditures )Ponly_) urgent Year Future Years TOTALS Line Item Budget „_ _ Encumbered Expended Amount Check Reimbursement This item BALANCE unatst: enerat Tunas Comments: RECOMMENDATION: City Staff recommends the approval of MMD Communications Corp application for road usage to conduct the Texas International Boat Show. LIST OF SUPPORTING DOCUMENTS: Location Map Application 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 MM, MIME SUBJECT: TEXAS INTERNATIONAL BOAT SHOW TEMPORARY STREET & WATER CLOSURE APRIL 16 - APRIL 23 —475— - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. City of -'! Corpus �:. Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT CorpusChrlsti Inegtd 1W4Une icadfly 1. Name of Organization Sponsoring Event: MOIXTb (IDW tt,tilfir,TtC jS Coe Address: , \�5 Ulf. 1-1W,V t f E. S . City: NORTH atm cA-( State: Pi_ Phone #: L[ Rte?C Email: i A 1\.i Fax #: Zip: 15 2. Name of Proposed Event: MS �J' t - -i'.tWc i l[ 'At._ A k-t(10 3. Date of Planned Event: Pjti -- 4. Key Contact Individual 'WPM' q Fir T Phone #: 561 ' S (9 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE a. )- .k L IM s for-ilAb ,t ;t G. Y _ 9.... i _ fk ►,i ra• till .1 . �vrA Ilk �J fit l L ' a, 4. tea ' A. . . _ " Nb.G i ., Qi tsf i W l MG i C'QGSS or ar�rc.s W tb \tn . 6. Purpose of Event and Detailed Description of Activities Planned: p o,nShnr�.. Rya Cf M4I- 1N-AS ar\ i - R c „nom C kel brut to Pr fiQA m —e f nr k loofdnrs c`x1 S. e n.rt rase etMaAck c 7. List foods and beverages to be served: (T c t vrt,krs r ir\ir i r k L r y C Pom 1cxe- t1 -tn.cos 1 C L AP (LY L dr Page 1o8 d EEETai'BISS —476— U003 uigOj d50 :80 ET E2 qaJ pan i.aDJ 17 £ Z €TO1z8T9S IsD Wd To :TT:£ ZTOZ `£Z AJ>;nJgad 8. Services Requested by the City: -TrTick Cnl lGr�lnl(��n - i A A VtiQ' 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official leiter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions L A. Admittance to said event shall be free; CUMC .k- B. All profits derived from the event shall be for charitable causes; oittl C. Pay the City fo ur- percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; F. 'Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. rz *Pork nntira anri nntira to hp given to tanantc and hr iilrlin0 managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. •d Page 2 of 8 -477- r30 rn4.0 rec LID -t uiaosi den :on 7 T C7 as K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Camival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. n Ev nt nt C=an/Organizer Signature iVM■t COMw'Viuklif iL, m (1F>, Sponsoring Organization awao -t Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361 -826 -3547 • Fax: 361 -826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PC Box 9277 Corpus Christi, TX 78469 -9277 •..1 nor r rt.Lf r n I' Page 3of8 -478- 1 1 rt rt .t 11-r nrt AI n n•rtn r n-, na r INDEMNITY AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including._ court costs and reasonable attorney=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #1 9277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of c-TheZe..kKA-le 20 Permit Applict Signature N I: ) C 1C [ L JS C (:). Com p Y a Name Page 4of8 —479— 33 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/612012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Service DanB ©cotexas. com (361) 826 -3729 2012 BUC DAYS EVENTS CAPTION: Motion approving the temporary street closures application from the Buccaneer Commission for the 2012 Buc Days events to begin on April 13, 2.012 through May 5, 2012. The following street closures will be required for the festivities: BBQ Challenge and Rodeo Truck Trailer Parking Beginning April 15, 2012 at 8:00 am through April 23, 2012 at 12:00 am; The street closure of North Broadway Street, between Fitzgerald Street and Brewster Street. The street closure of Fitzgerald Street between North Broadway Street and Mesquite Street. The street closure of Resaca Street between Chaparral Street and Shoreline Boulevard, The street closure of south bound Shoreline Boulevard between Resaca Street and the South Texas Art Museum. Carnival Beginning April 23, 2012 at 6:00 pm through May 07, 2012 at 9 :00 am; The street closure of south bound Shoreline Boulevard between Kinney Street and Park Street. The street closure of Kinney Street between south and north bound Shoreline Boulevard. The street closure of Born Street between Water Street and south bound Shoreline Boulevard. The street closure of Broadway Court between Water Street and south bound Shoreline Boulevard. The street closure of Park Avenue south and north bound Shoreline Boulevard. BACKGROUND AND FINDINGS: The 2012 Buc Days festivities will begin on Monday, April 13, 2012 through May 5, 2012. This event will provide with entertainment and educational opportunities to area students by granting numerous scholarships. The Buccaneer Commission requested the above mentioned street section closures be approved by the City Council for 2012 Buc Days festivities. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Sec. 49 -17 EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures only) . Current Year _ Future Years TOTALS Line Item Budget Encumbered - Expended Amount Check Reimbursement This item BALANCE Fund(s): General Funds Comments: RECOMMENDATION: City Staff recommends the approval from the Buccaneer Commission road closures for the 2012 Buc Days festivities. LIST OF SUPPORTING DOCUMENTS: Location Maps Application insurance 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 HUGHES ST. TRUCK AND TRAILER PARKING AREA BUC DAYS RODEO BBQ CHALLENGE EVENT SITE HERWAGE PARK PALO ALTO ST. POWER ST. POWER it IC ® - STREET CLOSURE SUBJECT: TEMPORARY STREET CLOSURES BUC DAYS BBQ CHALLENGE & RODEO TRUCK TRAILER PARKING APRIL 15 - APRIL 23 - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. -485- TEMPORARY STREET CLOSURE FOR BUC DAYS EVENT - 2012 KEY ® - STREET CLOSURE Irelftasmiro SUBJECT: TEMPORARY STREET CLOSURE FOR BUC DAYS EVENT - 2012 APRIL 23 - MAY 07 - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. -486- City of Corpus Christi. City of Corpus Christi Department of Engineering Services. Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT • 1. Name of Organization Sponsoring Event: PS c-C ate -ev. ( Address: P. X 3 i7 4- CorpusChristi y I. CD n1 on City: CoY ?u.s State: Zip: -76463 Phone #: C36. i) 6 x-32 --4'2- Fax #: C.3 X82 S 7 Email: a my Ca) k144.et.W s: cam 2. Name of Proposed Event: 13 Lt( 'D &y S 1 2_ 3. Date of Planned Event: Ap6 { _ Khy ip, 2,01 '1-- 4. Key Contact Individual % 4 .y Mme? Phone #: (3('t) 739 8953 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE 6. Purpose of Event and Detailed Description of Activities Planned: GL 4r�i r_ i e ry 5 7. List foods and beverages to be served: 2rvl' va.( it r V1 ;U S trio- - f ham 6t„ t. -vtC A Page 1 of 8 8. Services Requested by the City: Vv-cL mL+ 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. '^ 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ", E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to mufti-tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 or 13 K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T, Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. tyM c Event Chai an /Organizer Signatui`e 1-3 u.LC a r Co s Dr1 Sponsoring Organization Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361 -826 -3547 • Fax: 361-826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section Ili of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the dosing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or dosing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, Including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of lr j 20 c Permit Applicant nature %,/McCoy' .LCr.t v ,e V Conn vri s s Company Name Page 4 of 8 EXHIBIT A - INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until been obtained and such insurance has been approved by the Ci subcontractor to commence work until all similar insurance re been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of minimum coverage by insurance company(s) acceptable to th must be named as an additional insured for the General Liabilil subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSY _.' -^-4, ':� ...,... :;;: 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. It. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. 2008 Street Closure Permit ins. req. 5 -8 -08 ep Risk Mgmt. Risk Management Representative Approved Insurance Date Page 5 of 8 -491- ors /[00_ 5i-g-t--&-r-cc,0%u(-24..,-..c LA N SCALE: 1 "=350' BREWSTER ST. BUC DAYS RODEO BBQ EVENT SITE TRUCK AND TRAILER PARKING AREA HUGHES St HERMAGE PARK RESACA ST. IMPrinere",,eaStrearrAMWAMELSOA ff-IrA7-4 LNA,4- rkert-i s 00 y acct sc apa p4vitI4 g avai IAA* te, DATUS ; A-pr i 15-227 Kariyi=. t 113qt_ CAA) 90 g^.ES MN SInieTS EZe] STREET CLOSURE EXHIBIT SUBJECT: STREET CLOSURES BUC DAYS EVENT SITE ilmwe IMO* i•mr 1111•It —492— - SITE PLAN - Traffic Engineering Div. Engineering Services Dept, -493- fxv IWeujd ;WA,. •l s� _ }y iJjfl65i1(.f CS ta s. f f rt v 1� Ja1's15 4-4 N V3 a Cr" tv fi7 7 J i� ul " 3 . ai Sa 0 = -9 - 0 e� 7s _ ' - v c� = it) _ _ (D y' CC C1 O r m 0, - qvB m0a1,w6 1'1 r -494- ti aa Li �, �l fl 7 N. Port Ave. gtewstei St' l4uges St (-3 Foe' St. Belden St. Mann St- Tw;gg St. 2 g Taylor St. Starr St. m - Peoples S1. m SC'hataenst Leryts St ita C m St. lit ▪ � ' S▪ 0.,e0 Si, s n c e^3.4ii Sr, Peoples St, T Head c°te' Hite' a 0 0 tic b 0 0 r p0 43tpn9 la CO It tC a 43 C 0 � ro - A Uf 4 a. 0 - 0 f.� 0 0 ICJ 1 =1! jit)" 1 . ; ' .E,73 05 MC ' CI° 0 0 - 4- ▪ 0 0 Er N d d g3 e iv cto , C 0 0e 17 v'c ro I• D " 0 d cis€ a • 1 CD atoadwa:„ Furrndn Ave. —496— -497- 3 3> Description of Site and Event Buc Days is a series of events produced by the Buccaneer Commission to provide fun, unique and family friendly entertainment for the citizens of Corpus Christi and the surrounding areas while raising money dedicated to scholarships and educational opportunities for area youth. The events include a PRCA Rodeo, a Festival with a world class Carnival, a Folklorico and Mariachi Competition, a BBQ Competition, Junior Parade, a Stadium Spectacular show followed by an Illuminated Night Parade, and much more. In 2011 over 45 scholarships were awarded. Event -- Buc Days 2012 Festival (includes Carnival) - April 26 -- May 6, 2012 Carnival will be set up in Destination Bayfront Site Hours: Thursday(26) and Friday(27) — 5pm — Midnight Saturday(28) — Noon — Midnight Sunday(29) — Noon — lOpm Monday(30) through Wednesday(2) -- 5pm — lOpm Thursday(3) and Friday(4) — 5pm — Midnight Saturday(5) — Noon — Midnight Sunday(6) — Noon — 1 Opm The festival includes an entertainment venue with live music and performance, unique vendors, and traditional carnival foods as well as some specialty offerings. There are special areas dedicated to the little ones and geared toward their interests. Pirates, Streetperformers, Texas Parks and Wildlife Expo and more will keep visitors entertained while they enjoy a beautiful site on Corpus Christi's premiere festival site. Buc Days Pro Rodeo South Texas Trail Ride — April 14, 2012 Arriving at Destination Bayfront Site at approximately 5pm The Trail Ride is back! The South Texas Trail Riders will be riding to the Destinatoiion Bayfront Site in support of the Rodeo. Their trip begins on Friday, April 13th at the Richard M. Borchard Fairgrounds and ends on Saturday night with a dinner and dance under the stars. PRCA Rodeo - April 19 —. April 22, 2012 Rodeo will be held in the American Bank Center Arena Doors open 2 hours prior to show time Performance start time: Thursday(19) — 7:30pm Friday(20) — 7:30pm Saturday(21) — 7:30pm Sunday(22) — 2pm —4981— BBQ Kick -Off Cook-Off -- April 13 — April 14, 2012 Destination Bayfront Site, Parking Lot Hours: Friday(13) — 5 — Midnight Saturday(14) — Noon — Midnight Junior Parade — April 28, 2012 Start Time: 11 am The Junior Parade will begin near the American Bank Center and proceed down Shoreline Boulevard to the Destination Bayfront Site. See attached map. Illuminated Night Parade — May 5, 2012 sta,m The Illuminated Night Parade will once again follow the traditional route from just outside of Buc Stadium to Park Avenue and Shoreline Boulevard. It runs straight down Leopard Street to North Upper Broadway to downtown Corpus Christi. It then runs on Lawrence Street to Southbound N. Shoreline Boulevard ending at Park Avenue for break up. AIR °1 CERTIFICATE OF LIABILITY INSURANCE z /24/2Q12YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF the certificate Bolder Is an ADDITIONAL INSURED, the policy(Ees) must ba endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may rsqulre an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ilsu of such andorssment(s)2 PRODUCER Kaliff Insurance P.O. Box 17],225 San Antonio TX 78217 -8225 "MT T 131030y Rodriguez we y, (210) B29 -7634 II .NoY.(2fe)929 «7636 nar: @kali,Ef.COm ADDRESS: aY INSURERIB) AFFORDING COVERAGE RAIL f itsuRERA:Certain Underwriters 0 Lloyds INSURED Buccaneer CommiaSion P.O.Box 30404 Corpus Christi TX 78463 -0404 W$URER1ate Hanover Insurance Companies 6/1/2012 INSURER Cs EACH OCCURRENCE INSURER D: . X INSURER E I DAMAOETO RENTED PRIM( 81ER mac manael WSUNERP: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED PAID CLAIMS. 1TB TYPE OF WSURANCE SR BURR YD POkiCVNUMBER �BY BAWD iNlNlfp Leers A GENERAL LIABILITY MatLOO513 6/1/2012 2/1/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIADILIlY DAMAOETO RENTED PRIM( 81ER mac manael $ 100, 000 I CWa1s -MADE e OCCUR M Exp (Any ame pawn) $ = X Liquor Liability PER341441. d my INJURY ; 1,000,000 $1,000,000 GENERAL AGGREGATE $ 2,000,000 BENt AGGREGATE LIMIT APPLES Pet X POLICY ! f 2181: [ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILELIABtU1Y AIPDB9995B5 -Q1 .. _ ..... .. '2/1/2012 2/1/2013 CC‘milmEr1SINGLE LIMIT $ 1,000,000 $ ..-� X — ANY AUTO BODILY INJURY (Parparaan) ALL OWNED NED HIRED AUTOS L2LEA NON -OWNED AUTOS BODILY INJURY (Per ar dwd) $ PpROPERTY OHMAGE iParaaddenlj $ $ UIR8RErr UM: EXCESS LTAB OCCUR CW MS -MADE EACH OCCURRENCE $ AGGREGATE $ DED iI ......._. lAETFMON$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY MY PROPRIETOI PARTNERI XEDUTIVE nYIN OFFICER/MEMBER EXCLUDED? I J IMEndalory In NN) • Byyeesa,,dalfslhe uhder P€s&RIPTION OF OPERATIOND Irelarf N 1 A I ` ITO SIAM- I 1 I ER E.L EAOH ACCIDENT $ EL DISEASE - EA EMPLOYEE 3 EL DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES Attach ACORO 101. Additlond Remarks Sehadulo, Emigre 'Waft la requir.d) CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS OPERATIONS OF THE NAMED INSURED $0R BUC DAYS CERTIF1CATI= HOLDER CANCELLATION CITY OF CORPUS CHRISTI PO BOX 9277 CO}7PUS CHRISTI, TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL se DELIVERED IN ACCORDANCE W!TH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mitchell Kaliff /NANCY ACORD2.5 (2010/05! C 1988-. 04 14CLIRD_CnRPORATlnri ._Ail.rtghis.reser€ved The Iirulon norm, marl Inert era rantafaree4 rnmrkc of Ar•.nnr! INSR25 minessm -500- 34 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 3/5/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb aC�cctexas.com, 826 -3729 Approval of Contract for Professional Services for the Seawall Repairs, 2012 Project CAPTION: a. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894.00, and .declaring an emergency. b. Motion authorizing City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering of Corpus Christi, Texas, in the amount of $150,894.00 for the Bayfront Seawall Repairs. BACKGROUND AND FINDINGS: HDR Engineering completed a Final Seawall Assessment Report in 2009 which outlined the condition of the seawall and related flood protection structures. The Report included a list of projects including an establishment of a maintenance reserve for the Seawall. The Report documented a number of maintenance issues that needed to be addressed in the near future. After review by the Corpus Christi Business and Job Development Board and Engineering Department, HDR Engineering was requested to develop a project scope fnr Seawall repairs_ and utilize a portion of the funds that had been set aside as a maintenance reserve. The Seawall Repairs 2012 project will be based on the Final Seawall Assessment Report and consist of the following: 1. Repair cracks on the McGee Beach Access Ramp surface) 2. Repair cracks at mid panels on Contract D (south end of Seawall) 3. Repair spalls at Cooper's Alley L -Head cap face 4. Repair spalls at Lawrence Street T -Head cap face 5. Replace 10 foot section of railing at south end of Art Museum 6. Repair apron paving cracks at the south east corner of the Art Museum 7. Repair spalls with exposed reinforcing on front wall cap (17 locations) 8. Replace protective timber pile at panel 223 9. Repair cracks in front wall cap (3 locations) -503- 10. Replace concrete storm water outfall penetration box tops (16 locations) 11. Replace missing front wall check valves (10 locations) 12. Replace expansion joints on Contract B -2B and B -1 (north end of Seawall) ALTERNATIVES: 1. Award the contract to HDR Engineering, Inc. as recommended 2. Do not select HDR Engineering, Inc. and issue a new RFQ to select an engineering firm for negotiation. OTHER CONSIDERATIONS: This project provides for necessary maintenance of the seawall flood protection system. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2009 -2010 Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. EMERGENCY /NON- EMERGENCY: N/A DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: OTHER Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered 1 Expended Amount 0 This item $150,894.00 $150,894.00 BALANCE - $150,894.00 - $150,894.00 Fund(s): Seawaii Fund Comments: This project was not included in the adopted Capital Improvement Plan (CIP) and the financial impact table reflects this. However, the project is a Type A Board approved project and funds for this contract are available. A subsequent construction contract is scheduled to be bid and awarded in FY2012 -2013. Funding for the construction contract will require future appropriation of surplus Seawall funds. RECOMMENDATION: It is recommended to execute a Contract for Professional Services with HDR Engineering of Corpus Christi, Texas in the amount of $150,894.00 for the Seawall Repairs, 2012 project. -504- 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 -505- PROJECT BUDGET SEAWALL REPAIRS - 2012 Project No. E11090 April 10, 2012 FUNDS AVAILABLE: Seawall CIP Fund 150,900.00 Unappropriated Seawall Maintenance Reserves (Excess Sates Tax Proceeds) 4,000,000.00 4,150, 900.00 FUNDS REQUIRED: Construction (Est.).. 1,200,000.00. Contingencies (10 %) ............. 120,000.00 Consultant Fees: Consultant (HDR Engineering) 160,894.00 Construction Managementllnspection (Included in HDR Contract).. Materials inspection & Testing (TBD) 18,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 33,000.00 Engineering Services (Project MgtlCoristr Mgt/Traffic Mgt). 42,000.00 Finance Issuance Costs 15,000.00 Misc. (Printing, Advertising, etc.) 16,000.00 Total 1, 594, 894.00 ESTIMATED PROJECT BUDGET BALANCE 2,556,006.00 Exhibit B Page 1 of 1 -506- File : IM• ra 'act `councilexhibils exhEt 090.dwg co2m s N crs RAY UIcaOUI RD. LOCATION MAP NOT TO SCALE -507- SHIP CHANNEL N oo o 11 / 4044'111 otv lb_ oao���. ■ of 1�❑❑ ..do ❑ ❑❑❑❑ INTERSTATE 97 ❑ ❑ ❑ ❑ .Jf❑n— ...JflD ' i77G�7z 6®ECIE10❑❑❑❑❑ Z/la■ iEo©oqm v B Pee _oo[ERRRrn ❑oDy0� c:u-go r r-F-1 n was ��� QCJL] ���� nil nrLi O o (h0fl\ ownrinn c=inD PROJECT # E11090 CORPUS crsrr RAY SITE LOCATION nnp NOT TO SCALE SEA WALL REPAIRS FOR 2012 CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 itct Iftoftetrow Page 1 of 2 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894.00; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to add Project #E11090 Bayfront Seawall Maintenance Repair Project. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to increase expenditures in the amount of $150,894.00. Section 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of April, 2012. ATTEST: Armando Chapa City Secretary APPROV D as to form: 14- Mar -12 By: Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 041012 ORD Amending FY 2012 Cap Imprvmt Budget to add Bayfront Seawall Maintenance Repair Project -508- 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 Kelly Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E, Marez Nelda Martinez Mark Scott 041012 ORD Amending FY 2012 Cap Imprvmt Budget to add Bayfront Seawall Maintenance Repair Project -509- 35 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 11/30/2011 TO: Ronald L. Olson, City Manager THROUGH: Oscar R. Martinez, Assistant City Manager OscarM @cctexas.com (361) 826 -3897 FROM: Dan Biles, interim Director of Engineering DanBc cctexas.com (361) 826 -3729 Authorizing the execution of TxDOT Municipal Maintenance Agreement. CAPTION: Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or " TxDOT') for the maintenance, control, supervision, and regulation of certain State Highways and /or portions of State Highways in the City of Corpus Christi. BACKGROUND AND FINDINGS: Chapter 311 of the Transportation Code gives the City exclusive dominion, control and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control, supervision and regulations of State highways within and through its corporate limits. Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter agreements with cities to fix responsibilities for maintenance, control, supervision and regulation of State highways within and through the corporate limits of such cities. The local Executive Director, acting on behalf of the Texas Transportation Commission has made it known to the City that the State will assist the City in the maintenance and operation of State highways within the City, conditioned that the City will enter into agreements with the State for the purpose of determining responsibilities of the parties. ALTERNATIVES: The City of Corpus Christi could continue to operate under the current 1983 Municipal Maintenance Agreement. OTHER CONSIDERATIONS: The proposed agreement does not materially change the responsibilities of either party from the prior -513-- agreement, but it does update the attached map exhibits to clarify highway names and update minor update. Also, the proposed agreement allows the City, at its sole discretion, to maintain areas which are the responsibility of the State for preparation of special events or requests. CONFORMITY TO CITY POLICY: City Council approval is necessary in order to execute the MMA and to appropriate funds. EMERGENCY / NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Storm Water /Street Engineering Management and Budget Legal 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 Comments: Funds to cover the cost of the City required to maintain the areas specified in the agreement are subject to the program of work approved in the annual budget. RECOMMENDATION: Staff recommends passage of the Resolution. LIST OF SUPPORTING DOCUMENTS: Attachment A - Proposed Municipal Maintenance Agreement (MMA) Resolution directing City staff to enter into negotiations to execute proposed MMA 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 Texas Department of Transportation MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS § Form 1036 (Rev. 12/06) Page 1 of 6 THIS AGREEMENT made this day of , 2010, by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of (population , 2000, latest Federal Census) acting by and through its duly authorized officers, hereinafter called the "City," party of the second part. WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will assist the City in the maintenance and operation of State highways within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto; and WHEREAS, the City has requested the State to assist in the maintenance and operation of State highways within such City: AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: For this agreement, the use of the words "State Highway" shall be construed to mean ail numbered highways that are part of the State's Highway System. —515— Form 1036 (Rev. 12106) Page 2 of 6 COVERAGE 1. This agreement is intended to cover and provide for State participation in the maintenance and operation of the following classifications of State Highways within the City: A. Non - Controlled Access highways or portions thereof which are described and/or graphically shown as "State Maintained and Operated" highways in Exhibit "A," which is attached hereto and made a part hereof. B. All State highways or portions thereof which have been designated by the Texas Transportation Commission or maintained and operated as Controlled Access Highways and which are described and /or graphically shown in Exhibit "B," which is attached hereto and made a part hereof. 2. In the event that the present system of State highways within the City is changed by cancellation, modified routing, or new routes, the State will terminate maintenance and operation and this agreement will become null and void on those portions of the highways which are no longer on the State Highway System; and the full effect and all conditions of this agreement will apply to the changed highways or new highways on the State Highway System within the City; and they shall be classified as "State Maintained and Operated" under paragraph 1 above, unless the execution of a new agreement on the changed or new portions of the highways is requested by either the City or the State. 3. Exhibits that are a part of this agreement may be exchanged with both parties' written concurrence. Additional exhibits may also be added with both parties' written concurrence. GENERAL CONDITIONS 1. The City authorizes the State to maintain and operate the State highways covered by this agreement in the manner set out herein. 2. This agreement is between the State and the City only. No person or entity may claim third party beneficiary status under this contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this contract. 3, This agreement is for the purpose of defining the authority and responsibility of both parties for maintenance and operation of State highways through the City. This agreement shall supplement any special agreements between the State and the City for the maintenance, operation, and/or construction of the State highways covered herein, and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been completed by the State and/or City and approved by the State. 5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate, warn, and guide traffic on State highways within the State right-of-way except as mentioned in this paragraph and elsewhere in this agreement. At the intersections of off- system approaches to State highways, the City shall install and maintain all stop signs, yield signs, and one -way signs and any necessary stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage' roads, if such exist. The City shall install and maintain all street name signs except for those mounted on State maintained traffic signal poles or arms or special advance street name signs on State right -of -way. All new signs installed by the City on State right -of -way shall meet or exceed the latest State breakaway standards and be in accordance with the Texas Manual on Uniform Traffic Control Devices, latest edition and revision. Ail existing signs shall be upgraded on a maintenance replacement basis to meet these requirements. 6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations specifically covered by separate agreements between the City and State. —516— Form 1036 (Rev. 12106) Page 3 of 6 7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight, length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for public highways outside corporate limits of cities. The City shall also, by ordinance /resolution and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the highway and/or for traffic safety. 8. The City shall prevent future encroachments within the right -of -way of the State highways and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right -of -way without prior approval in writing from the State. 9. Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device, points of installation and necessity, will be determined by traffic and engineering studies. The City shall not install, maintain, or permit the installation of any type of traffic control device which will affect or influence the use of State highways unless approved in writing by the State. Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the use of State highways unless their continued use is approved in writing by the State. It is understood that basic approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by the proper City official's signature on the title sheet of the plans. Both parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which signalized intersections are covered by this agreement. Any special requirements not covered within this agreement will be covered under a separate agreement. 10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA standards. The city is responsible for the maintenance of these items. 11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will issue permits for access driveways on State highway routes and will assure the grantee's conformance, for proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted to the State a Local Access Management Plan, the State's "Regulations for Acoess Driveways to State Highways" and the State's Access Management Manual. If the City does not have an approved city -wide driveway permit process, the State will issue access driveway permits on State highway routes in accordance with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. 12. The use of unused right -of -way and areas beneath structures will be determined by a separate agreement. NON - CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to non - controlled access State highways in addition to the "General Conditions" contained herein above. Non - controlled access State highways or portions thereof covered by this section are those listed and /or graphically shown in Exhibit "A." State's Responsibilities (Non - Controlled Access) 1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State resources are available. 3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the City and if State resources are available. 4. Assist in snow and ice control to supplement City resources when requested by the City and if State resources are available. -517- Form 1038 (Rev. 1208) Page 4of6 5. Maintain drainage facilities within the limits of the right -of -way and State drainage easements. This does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits. 6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and normal markings (except as provided under "General Conditions" in paragraph 5). in cities with less than 50,000 population, this also includes school safety devices, school crosswalks, and crosswalks installed in conjunction with pedestrian signal heads. This does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to written State approval. 7. Install, operate, and maintain traffic signals in cities with less than 50,000 population. 8. In cities equal to or greater than 50,000 population, the State may provide for installation of traffic signals when the installation is financed in whole or in part with federal -aid funds if the City agrees to enter into an agreement setting forth the responsibilities of each party. City's Responsibilities (Non - Controlled Access) 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have been conducted to determine if the State highway is of sufficient width to permit angle parking without interfering with the free and safe movement of traffic. 2. install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6 under "State's Responsibilities (Non - Controlled Access) "], parking stripes, and special guide signs when agreed to in writing by the State. Cities greater than or equal to 50,000 population will also install, operate, and maintain all school safety devices and school crosswalks. 3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the City (except as provided under "General Conditions" in paragraph 5). Require installations, repairs, removals, or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State in writing. 5. Retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of drainage facilities does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits except where participation by the State is specifically covered in a separate agreement between the City and the State. 6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any variations will be handled by a separate agreement. 7. Perform mowing and litter pickup. 8. Sweep and otherwise clean the pavement. 9. Perform snow and ice control. CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Controlled access State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "B." -518- Farm 1038 {Rev. 12108) Page 5 of 8 State's Responsibilities (Controlled Access) 1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right -of -way width where no frontage roads exist, and assist in performing these operations between the right -of -way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and grade separation structures or roadways. 5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all normal markings and signs, including sign operation if applicable, on the main lanes and frontage roads. This includes school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate, and maintain traffic signals at ramps and frontage road intersections unless covered by a separate agreement. 7. Maintain all drainage facilities within the limits of the 'right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits. City's Responsibilities (Controlled Access) 1. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when parallel parking on one side is approved by the State in writing. Prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances/resolutions and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance /resolution providing for one -way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. • 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal, or adjustment is undertaken, crossing over or under the highway facility or entering the right -of -way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and the of �1 L. ii... to minimize property damage and ioss of investment, the City, without he iie.ebbity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances/resolutions and retain its responsibility for enforcing the control of access to the expressway /freeway facility. 5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph 5 under "State's Responsibilities "), and parking stripes when agreed to by the State in writing. Signing and marking of intersecting city streets to State highways shall be the full responsibility of the City (except as discussed under "General Conditions" in paragraph 5). 6. Mow and clean up litter between the right -of -way line and the outermost curb or crown line of the frontage roads in undeveloped areas, defined as the real property identified in a plat or replat of a subdivision properly recorded in the county clerk's office in accordance with Property Code, §12.002, on which development has not commenced. The city rga(y9assist at the city's discretion, in performing these Form 1038 (Rev. 12/06) Page 6 of 6 operations within the outermost curbs of the frontage roads or the entire right -of -way width where no frontage roads exist. TERMINATION All obligations of the State created herein to maintain and operate the State highways covered by this agreement shall terminate if and when such highways cease to be officially on the State highway system; and further, should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Upon termination, all maintenance and operation duties on non - controlled access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The State shall retain all maintenance responsibilities on controlled access State highways in accordance with the provisions of Chapter 203 of the Texas Transportation Code, 23 United States Code § 116. Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by the Texas Department of Transportation. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of day of, 2010, and the Texas Department of Transportation, on the day of , 2010. ATTEST: THE STATE OF TEXAS Executed and approved for the Texas Transportation CITY OF Commission for the purpose and effect of activating and /or carrying out the orders, and established policies or work programs heretofore approved and BY authorized by the Texas Transportation Commission (Title of Signing Official) BY District Engineer District The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review this information. Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. For more information, call 512/416 -3048. NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary Certificate. -520- Form No. 1037 Ordinance September 1996 ORDINANCE NO. • AN ORDINANCE APPROVING THE AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE CITY OF FOR THE MAINTENANCE, CONTROL, SUPERVISION AND REGULATION OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN. THE CITY OF AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF: SECTION 1. That the certain agreement dated , between the State of Texas and the City of for the maintenance, control, supervision, and regulation of certain State Highways and /or portions of State Highways in the City of and the same is, hereby approved; and that is hereby authorized to execute said agreement on behalf of the City of and to transmit the same to the State of Texas for appropriate action. SECTION 2. The fact that the work contemplated under the above mentioned agreement is needed, creates an emergency which for the immediate preservation of the public peace, health, safety, and general welfare requires that this Ordinance take effect immediately from and after its passage and it is accordingly so ordained. PASSED: ATTEST: Secretary APPROVED: City of Clerk Mayor APPROVED AS TO FORM: City Attorney -521- Form No. 1037 Resolution September 1996 RESOLUTION NO. A RESOLUTION APPROVING THE AGREEMENT DATED BETWEEN THE.STATE OF TEXAS AND THE CITY OF FOR THE MAINTENANCE, CONTROL, SUPERVISION, AND REGULATION OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the certain agreement dated , between the State of Texas and the City of for the maintenance, control, supervision, and regulation of certain State Highways and/or portions of State Highways in the City of be, and the same is, hereby approved; and that is hereby authorized to execute said agreement on behalf of the City of and to transmit the same to the State of Texas for appropriate action. PASSED: ATTEST: Secretary APPROVED: City of Clerk Mayor APPROVED AS TO FORM: -522- City Attorney Form No. 1037 -1 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF COUNTY OF , TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE.SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety, and necessity of the City, and the people of the City require that State Highway routes within the City be adequately maintained; and WHEREAS, the City has requested that the State of Texas enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State of Texas has made it known to the City that it will, with its own forces and equipment and at its sole cost and expense enter upon and maintain said project, conditioned upon the provisions concerning liabilities and responsibilities for maintenance, control, supervision, and regulation which are set out in the form attached hereto, made a part thereof, and marked MUNICIPAL MAINTENANCE AGREEMENT; and WHEREAS, said project consists of those State Highways and /or portions thereof which are described and included in the form attached hereto and marked MUNICIPAL MAINTENANCE AGREEMENT. NOW, THEREFORE, BE IT ORDAINED by the SECTION 1. That the public convenience, safety, and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and is hereby authorized to enter upon and maintain said maintenance projects. SECTION 3. That the Mayor, or proper City official, of the City, be and is . hereby authorized to execute for and on behalf of the City an Agreement with the State of Texas, in accordance with and for the purpose of carrying out the terms and provisions of this order, in the form attached hereto, made a part hereto, and marked MUNICIPAL MAINTENANCE AGREEMENT. The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto. SECTION 4. The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the agreement aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. -523- Form No. 1037 -2 STATE OF TEXAS COUNTY OF TRAVIS $ , the duly appointed, qualified, and acting city secretary of the City of , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held on , A.D., 20_, at o'clock ❑ a.m. ❑ p.m To certify which, witness my hand and seal of the City of TEXAS, this due day of , 20_, at , Texas. City Secretary of the City of , Texas -524- MMA Amersdmem (Rev. 01/08) Page 1 of 4, THE STATE OF TEXAS § THE COUNTY OF TRAVIS § AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS -OF -WAY TO MONITOR COMPLIANCE WITH TRAFFIC - CONTROL SIGNALS THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State ", and the City of hereinafter called the "City ", acting by and through its duly authorized officers. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways in the City of pursuant to Transportation Code, Section 201.103; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on ; and WHEREAS, the City has requested permission to install cameras on state highway rights -of -way to monitor compliance with traffic - control signals, hereinafter referred to as "camera monitoring equipment ", at the locations listed on Exhibit A attached hereto and made a part of hereof; and WHEREAS, the State has determined that when the City's installation of camera monitoring equipment will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway, the proposed camera monitoring equipment may be installed by the City or its contractor; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AMENDMENT ARTICLE 1. CONTRACT PERIOD This amendment becomes effective on final execution by the State and shall remain in effect as long as said camera monitoring equipment is in operation at the described locations. ARTICLE 2. TERMINATION This amendment may be terminated by one of the following conditions: 1) By mutual agreement of both parties; 2) By the State giving written notice to the City as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this amendment, with proper allowances being made for circumstances beyond the control of the City or its contractor. The State's written notice to the City shall describe the default and the proposed termination date. If the City cures the default before the Nl u1.)ued termination date, th© proposed termination is ineffective; or 3) By either party upon thirty (30) days written notice to the other. Termination of this amendment shall not serve to terminate the underlying Municipal Maintenance Agreement between the State and the City. ARTICLE 3. COMPENSATION No compensation shall be paid for this amendment. -525- MMA Arnendment (Rev. 01 AA Page 2 of 4 - ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City will use labor and supervisory personnel employed directly by the City or its contractor, and use City owned or contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to reconstruction or alteration of the intersection shall be performed by the City at the City's expense. The State will work with the City to provide adequate notice of any planned work to allow for the necessary modification or removal. D. All installation or maintenance work performed by the City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual an Uniform Traffic Control Devices. ARTICLE 5. INSPECTION OF WORK A. The City or its contractor will furnish the State a complete set of design drawings and installation plans for review. The installation plans shall include all electrical, electronics, signing, civil and mechanical work pertaining to the camera monitoring equipment. B. The State reserves the right to inspect and request modification of any camera monitoring equipment under this agreement both prior to and after installation. No installation may occur until the State has approved the proposed installation. C. The State reserves the right to inspect and approve the completed installation. D. The State will promptly notify the City or its contractor of any failure of materials, equipment, or installation methods, and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. The State shall not be held responsible for the operation (or non - operation) of the camera monitoring equipment or for any effect it may have. The City is responsible for any damage that may occur to state equipment during the installation, maintenance or operation of the camera monitoring equipment. The City is responsible for maintaining the camera monitoring equipment and related signing in good working order and keeping such equipment free from graffiti. ARTICLE 7. DE- ACTIVATION OF CAMERA MONITORING EQUIPMENT The State reserves the right to disconnect and remove camera monitoring equipment from the traffic signals should any problem arise affecting the State. The State will notify the appropriate City office of the de- activation of the monitoring n+ 1 In correction of the problem, the /Chi rna.. reconnect the monitoring camera 111 *J1 I1 LIJI Illy equipment. Vl4V11 cwrl l44LILJ11 of L1 t4 1...1vuIL.111, the VILJ 111.L IGVVn1[,11.11 LIIG Li0111010 1 J 11.1111LIJ7111L�. equipment. ARTICLE 8. INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install all equipment related to the camera monitoring equipment installation. This includes, but is not limited to, camera equipment, camera housing and supporting structure, intersection fighting, vehicle detection system, communications equipment, electrical service and connections, roadway signing, and any interconnection with the signal. The City or its contractor will be responsible for all power costs associated with the operation of the camera monitoring equipment. Electrical connections made to the State's signal equipment shall be optically or otherwise isolated as approved by the State and shall not affect the operation of any component of the traffic signal system including both the signal controller and the conflict monitor /malfunction management unit. -526- MMA Amendment (Rev. O1/08) Page 3 of 4 • ARTICLE 9. REPORTS Upon written request, the City will be required to supply the State with data related to the operation of the camera monitoring equipment. ARTICLE 10. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the amendment, and any increased cost arising from the City default, breach of contract, or violation of terms shall be paid for by the City. This amendment shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 11. INSURANCE Before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately. ARTICLE 12. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this amendment except with the prior written consent of the State. ARTICLE 13. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this amendment shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 14. NOTICES All notices to either party by the other required under this amendment shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City: State: City: State: City: State: City: State: City: State: All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 15. GOVERNING LAWS AND VENUE This amendment shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED This amendment constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. -527- MMA Amendment (Rev. 01(08) Pape 4of4._ ARTICLE 17. REVISIONS TO EXHIBIT A Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and initialed by both parties. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. The CITY OF Executed an behalf of the City by: By Date Typed or Printed Name and Title THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Dallas District Engineer -528- .1 I EXHIBIT " A " NON -CONTROLLED ACCESS HIGHWAYS c 0 L. u L O U O Z x O N .4 a 3 O U o — D.0 �G N i i== 1SHEET 1 'OF 16 CORPUS CHRISTI Pop.305215 (2010) LEGEND 'NON -CONTROLLED ACCESS HIGHWAYS STATE MAINTAINED - BASE, TRAVELED SURFACE. STRUCTURES.HIGHWAY MARKINGS AND ASSIST IN SWEEPING, MOWING, CLEANING UP LITTER. SNOW AND ICE CONTROL AND MAINTENANCE OF ROADWAY OUCHES F T CITY MAINTAINED -. STATE WILL ERECT ANO MAINTAIN ROUTE MARKERS AND 1. DIRECTIONAL ANO DESTINATION SIGNS FOR THROUGH HIGHWAY TRAFFIC. STATE MAINTAINED FM0624 (NORTHWEST BLVD.) - FROM 1150077 TO WEST CITY LIMITS FMIBS9 - FROM FM0624 TO SOUTH CITY LIMITS FM1694 (CALLICOATTE RD./ - FROM 1H0037 TO SOUTH CITY LIMITS FM0024 (VIOLET RD.1 - FROM 100037 TO SOUTH CITY LIMITS FM3386 (MCKENZIE RD.) - FROM IHD037 TO HAVEN DR. FM33116 (MCKENZIE RD.) - FROM 1000 -FT SOUTH OF LA DOUGLAS RD. TO 0500440 NOTE: SECTION OF MCKENZIE RD. FROM HAVEN TO 1000 -FT SOUTH OF LA DOUGLAS ROAD NOT ON TXUOT SYSTEM; 1007 CITY HOAR. 1140037 FRONTAGE RD - FROM 360 -FT WEST OF RAILROAD TRACK TO BEGINNING OF MEDIAN SECTION OF 550407 CITY MAINTAINED 550407 (LEOPARD ST.) - FROM SHORELINE TO WEST ENO OF MEDIAN SECTION W PI PI N rTexas Deportment of Transportation LS EXHIBIT " A " NON -CONTROLLED ACCESS HIGHWAYS LIMIT LEGEND NON -CONTROLLED ACCESS HIGHWAYS SHEET 2 OF 161 I • — , — STATE MAINTAINED - WASE. TRAVELED SURFACE, STIIUCTURES.HIGNWAY • "" MARKINGS AND ASSIST IN SWEEPING, IADWINC, CLEANING UP LITTER, SNOW AND ICE CONTROL AND MAINTENANCE DF ROADWAY DITCHES CITT MAINTAINED - STATE WILL ERECT AND MAINTAIN ROUTE MARKERS ANO DIRECTIONAL AND DESTINATION SIGNS FOR THROUGH HIGHWAY TRAFFIC. STATE MAINTAINED FM2292 (RAND MORGAN] - FROM )H0037 TO 950044D CITY MAINTAINED SS0407 (LEOPARD ST.! - FROM SHORELINE TO WEST CITY LIMITS (INCLUDES CORN PRODUCTS RD. FROM IH0037 TO LEOPARDI 1- L U N n 0 0 0 H S LI W O N 0 0 Q 0 0 0 0 06 0 C c 2 m .- t 0 Texas Department of Transportn CORPUS CHRISTI Pop.305,215 (2010) CO T:\enpdotc\ccoo\MMA-MAP5\03-EXHIBITAcorpuschristi3.dgn 11/IB/2011 TEXAS EXHIBIT "-,A " NON -CONTROLLED ACCESS HIGHWAYS SHEET 3 OF 16 CORPUS CHRISTI )NTERNATiONAL AIRPORT CORPUS CHRISTI Pop.305215 (2010). STATE MAINTAINED FM2292 (RAND MORGAN RD.) - FROM IH0037 TO 8500440 FM2292 (S. CLARKW000 RD.) - FROM BS00440 70 SOUTH CITY LIMITS B500440 - FROM WEST CITY LIMITS TO SH0044 EAST FM0763 - FROM SH0044 TO SOUTH CITY LIMITS 8500440 - FROM 5H0044 TO 5110358 FM0665 (OLD BROWNSVILLE RO.) - FROM AIRPORT RD. TO SH0357 FM0665 (AIRPORT RD) - FROM OLD BROWNSVILLE RD. TO ACNES 51. (NOT ON MAP) SH0357 (SARATOGA BLVD.) - FROM FM0665 TO ROOD FIELD RD. SH0357 (ROOD FIELD R0,) - FROM SH0357 TO 5H0358 (NOT ON MAP) CITY MAINTAINED 550544 (AGNES ST.) - FROM SH0358 TO SHORELINE BLVD. LEGEND NON -CONTROLLED ACCESS HIGHWAYS STATE MAINTAINED - BASE, TRAVELED SURFACE, STRUCSURES,HIGHWAY MARKINGS AND ASSIST 1N.SWEEPING, MOWING, CLEANING UP LITTER, SNOW AND ICE CONTROL AND MAINTENANCE OF ROADWAY DITCHES CITY MAINTAINED - STATE WILL ERECT AND MAINTAIN ROUTE MARKERS ANO DIRECTIONAL AND DESTINATION SIGNS FOR THROUGH HIGHWAY TRAFFIC. Texas Department of Transportation T:\engdota\ccoo\MMA-MAPS\04-EXHIBITAcorpuschristiA.ogn 1/18/2011 EXHIBIT " A " NON -CONTROLLED ACCESS HIGHWAYS 1SHEE1 4 OF 16 ON= 111 LEGEND NON -CONTROLLED ACCESS HIGHWAYS STATE MAINTAINED - EASE, TRAVELED SURFACE, STRUCTURLS,HIGHWAY MARKINGS AND ASSIST IN SWEEPING, MOWING, CLEANING UP LITTER, SNOW AND ICE CONTROL AND MAINTENANCE DF ROADWAY DITCHES 1 ^'-'-' CITY MAINTAINED - STATE WILL ERECT AND MAINTAIN RODYE MARKERS AND DIRECTIONAL AND DESTINATION SIGNS FOR THROUGH HIGHWAY TRAFFIC. N CO STATE MAINTAINED 111 FM0665 (OLD BROWNSVILLE) - FROM SH0357 TO AIRPORT RD. FM0665 (AIRPORT RD/ - FROM OLD BROWNSVILLE RD TO AGNES CITY MAINTAINED 550544 (AGNES ST.) - FROM SH0358 TO SHORELINE BLVD. SS0407 (LEOPARD ST.) - FROM IH0037 FRONTAGE RD. TO SHORELINE BLVD. Texas Department of Transportation T:\engdota\ccco\MMA-MAPS\05-ERHIBITAcorpuschristi5.dgn a W N EXHIBIT A " NON -CONTROLLED ACCESS HIGHWAYS SHEET 5 OF 16 Texas Department of Transportation LEGEND NON -CONTROLLED ACCESS HIGHWAYS . — .m, STATE MAINTAINED - BASE, TRAVELED SURFACE. STRUCTLWES,NIGIMAY mi' A. m MARKINGS AND A551ST IN SWEEPING, MOWING, CLEANING UP LITTER, SNOW AND ICE CONTROL AND MAINTENANCE OF ROADWAY DITCHES' STATE MAINTAINED FM2444 (STAPLES ST.1 - FROM SOUTH CITY LIMITS TO SH0357 (SARATOGA BLVD.( FM0043 (WEBER RD.} - FFOM SOUTH CITY LIMITS TO SH035B (S.P.1.D.1 BS02B6 (AYERS 5T.} - FROM 5110206 TO 5140358 (5.P. 1.0.1 5140286 (CROSSTOWN EXPRESSWAY} - FROM SOUTH CITY LIMITS TO 850286 (AYERS ST.1 SH0357 (SARATOGA BLVD.) - FROM FM0665 TO ROOD FIELD RO. 5H0357 (ROOD FIELD R0.) - FROM SARATOGA BLVD. TO 510358 (S.P.1.0.1 0 0 r 0 0 0 0 0 1.; g 00\ 9 7.. 1 EXHIBIT " A " NON—CONTROLLED ACCESS 1 ISHEET 5 OF 16 n m•• • Om. • fro1STI ' ) 4.12)% Pop. 305,CORPUS 215 (2010) LEGEND NON -CONTROLLED ACCESS HIGHWAYS CZ) PRAT.? STATE MAINTAINED - RASE, TRAVELED SURFACE, STAMETDRES,NIGHWAY MARKINGS AND ASSIST IN SWEEPING, MOWING, CLEANING UP LITTER, SNOW AND ICE CONTROL AND MAINTENANCE OF RI:m.1mM' DITCHES STATE MAINTAINED SHOW (SARATOGA DLVD.I - FROM FM0E65 TO R000 FIELD RD. SH0357 (ROOD FIELD RD.] - FROM SARATOGA BLVD. TO SN0358 550003 (ENNIS JOSLIN) - FROM SH03513 IS.P.1.0,/ TO UNIVERSITY DR. EAST 5H0355 INAS OR./ - FROM NAS -CC SOUTH GATE TO BEGINNINO OF FREEWAY SECTION 4 Texas Department of Transportation E t . „ EXHIBIT " A " NON -CONTROLLED ACCESS MUSTANG ISLAND STATE PARK C.C. CITY LIMITS 0 p 0 Ar 0 ISLAND DR.) r 'SHEET 7 OF 16 4 4. . . (i N!36* . % . C) < c05'. o c:.) cD & 61:1 OP 1 I.— • — • I LEGEND NON -CONTROLLED ACCESS HIGHWAYS (P22> STATE MAINTAINED - BASE, TRAVELED SURFACE, STROCTURES,NIONWAY MARKINGS AND ASSIST !N SWEEPING, MOWING, CLEANING OP LITTER, SNON AND ICE CONTROL AND MAINTENANCE OF ROADWAY DITCHES STATE MAINTAINED PR0022 - FROM 2000 -FT WEST OF AQUARIUS ST. TO KLEDERG CO. LINE SH036I - FROM PR0022 TO NORTH CITY LIMITS L() U) <P22> 1J ›- F- 0 0 0 CC ,J Texas Department of Transportation a -man \0B-EZH181TBcorpvscnr is+i ID. Do EXHIBIT "B" CONTROLLED ACCESS HIGHWAYS NUECE—S R~� ER ss N E C E 5 CORPUS CHRISTI POP 305.215 (20101 SHEET B OF 16 C 'r �- a 8 ,..4; 1.0 qb 0. 5 VIOLET 1.5 STATE MAINTAINED 1H0037 - MESQUITE ST. TO NORTH CITY LIMITS ;ORPUS CHRISTI INTERNATIONAL AIRPORT 61''1. 1.9 d` - LEGEND CONTROLLED ACCESS HIGHWAYS STATE MAINTAINED - BASE, TRAWLED SURFACE, STRUCTURES, SWEEPING, HIGHWAY WAXINGS AND DRAINAGE FACILITIES WITHIN THE LIMITS OF THE RfGNT-OF-WAY. MOWING ANO LITTER CLEAN-UP WITHIN THE OUTER MOST CIMRO5 OF THE FRONTAGE ROADS 4110 THE ENTIRE RIGHT -OF -NAY WHERE NO FRONTAGE ROADS EXIST. SN0W AND ICE CONTROL ON THE TH11OuGH LANES 4N0 RAMP5 AND ASSIST ON FRONTAGE ROA04. Texas Department of Transportation \engtloto\ccco\MMA-MAPS\09-EXHIKTBcorpuschrisi.i2n. dgn , it EXHIBIT "B" CONTROLLED ACCESS HIGHWAYS 'SHEET 9 OF 16 gq "' n 1 8 N t I D p b C p 2 sa or 7 gel CORPUS CHRISTI Pop.305215 (2010) STATE MAINTAINED 5H0286 (CROSSTOWN EXPRESSWAY) FROM IH0037 TO BS0286 (AYERS ST.) vnTH CONTROLLED ACCESS HIGHWAYS I • • • 11-- STATE MAINTAINED - BASE, TRAVELED SURFACE, STRUCTURES. SWEEPING. �^ • • �^ • HIGHWAY MARKINGS AND DRAINAGE FACILITIES WITHIN THE LIMITS OF THE RIGHT-OF-WAY. MOWING AND LITTER CLEAN-UP WITHIN THE OUTER MOST CURBS OF IRE FRONTAGE ROADS AND THE ENTIRE RIGHT-OF-WAY WHERE NO FRONTAGE ROADS EXIST. SNOW ANO ICE CONTROL ON THE THROUGH LANES AND RAMPS AND ASSISI ON FRONTAGE ROADS. Texas Department of Transportation 7:\engdota\ccao\MMA-MAPS' 0-E%HIBITBcorpuschr isti2c.Ggn 11/1B/2071 EXHIBIT. "B" CONTROLLED ACCESS HIGHWAYS 'SHEET 10 OF 16 LEGEND CONTROLLED ACCESS HIGHWAYS r.----, - STATE MAINTAINED - WASE. TRAVELED SuRFAGE. STRUCTURES, SWEEPING, HIGHWAY MARKINGS AND DRAINAGE FACILITIES WITHIN THE LIMITS OF THE RIGHT-OF-WAY. MOWING AND LITTER CLEAN-UP WITHIN THE OILIER MOST CURBS OF THE FRONTAGE ROADS AND THE ENTIRE IICHT•OF-WAY WHERE NO FRONTAGE RDADS EWI57. SNOW AND ICE CONTROL ON THE THROUGH LANES AND RAMPS AND ASSIST DN FRONTAGE ROADS. STATE MAINTAINED SH02818 (CROSSTOWN EXPRESSWAY) _ FROM IH0037 TO BS0286A (AYERS ST.) SH0358 (PADRE ISLAND DR.) - FROM IH0037 TO END OF EXPRESSWAY LANES AT CLAIRE DR. CORPUS CHRISTI Pop.305215 (2010) jor Texas Department of Transportation I EXHIBIT "B" CONTROLLED ACCESS HIGHWAYS ISHEET 11 OF 16 CORPUS CHRISTI Pop. 305,215 (2010) 4 LEGEND CONTROLLED ACCESS HIGHWAYS STATE maINTAISED - RASE, TRAVELED SURFACE. STRuCTURES, SWEEPING, HIGAIDAy mAlocluos Amo DRAINAGE FACILITIES WITHIN THE LIMITS OF 7SE RIGHT -CIF -DAY. WOWING ANO LITTER CLEAN-UP MIC( 7NE OUTER MOST CURDS OF TGE FRONTAGE Roos AND THE ENTIRE RIGHT-Or-wM OEM NO FRONTAGE RoADs EXIST. SNOW AND ICC CONTROL ON THE THROWN LANES AND RAMPS AND ASSIST ON FRONTAGE ROADS. STATE MAINTAINED %035I5 (PADRE ISLAND DR.I - FROM NOON TO END OF FREEWAY SECTION AT CLARIE DR. rIF Texas Department of Transportation D L 0 U1 7 o. L 0 0 E12. CO 7E x w EV Ln 2E Q 2E 0 0 0 0 0 00 -0 CV c o r m— F l'UVIIIIIIk amtatlitrassoloil giiiviirmimmoirill giasitielialMilin tal■v --sot 6100turrial ed* / 14161ArdiklaginiSO4. '17 wares\`' , r afro Eit/144 44 ' 111619 iiiiiig 4------ftiftirmiii EXHIBIT "B" CONTROLLED ACCESS HIGHWAYS CORPUS CHRISTI Pop. 305215 (2010) LEGEND CONTROLLED ACCESS HIGHWAYS STATE MAINTAINED - BASE, TRAVELED SURFACE, STRUCTURES, SWEEPING, HIGHWAY MARKINGS AND DRAINAGE FACILITIES WITHIN THE LIMITS OF THE RIGHT-OF-WAY. MOWING AND LITTER CLEAN-UP WITHIN THE OUTER MUST CURBS CF THE FRONTAGE ROADS ANO THE ENTIRE RIGHT-OF-WAY WHERE NO FRONTAGE ROADS EXIST. SNOW AND ICE CONTROL ON THE THROUGH LANES AND RAMPS AND ASSIST ON FRONTAGE ROADS. STATE MAINTAINED U50181 -- FROM 110037 TO NORTH END OF NUECES BAY CAUSEWAY Texas Department of Transportation (SHEET 12 OF 16 Lf) EXHIBIT 'IB" CONTROLLED ACCESS HIGHWAYS LD \1 <0- --- �. Jr ren. „•j, 1F914 RIVER .0 CAN! ON TEAdu ISHEET 13 OF 16 r� 4 uP 624 • -4' : 1 NEP __S51_-_+4,()__ --SSNELL2-- Grp 1 1 --- ur CES I S Ct LIMIT ERS , : �qs,'' , CCA -tz 71. Tr''1A'' i s CORPUS CHRISTI Pop. 305215 (2010) LEGEND CONTROLLED ACCESS HIGHWAYS ' • • • ^--� STATE MAINTAINED BASE, TRAVELED SURFACE. STRUCTURES. SWEEPING. r . • .• HIGHWAY MARKINGS AND DRAINAGE FACILITIES WITHIN THE LIMITS OF THE RIGHT-OF-WAY. HONIHG ANO LITTER CLEAN -LIP WITHIN THE OUTERMOST CURBS OF THE FRONTAGE ROADS ANO THE ENTIRE RIGHT -OF -RAY WHERE NO FRONTAGE ROAM MIST. SHOW AND ICE CONTROL ON THE THROUGH LANES AND RAMPS AND ASSIST ON FRONTAGE ROADS. "9 44 • M41'ie� , , Y: [ ..--- ,,.•q , -- ,:` pOST, b, --:,, P; ;A . EXHIBIT "B" CONTROLLED ACCESS HIGHWAYS SHEET 14 OF 16 0 i LEGEND CONTROLLED ACCESS HIGHWAYS �' • ` '�� STATE MAINTAINED - BASE, TRAVELED SURFACE, STRUCTURES, SWEEPING, r HIGHN4r MARKINGS AND DRAINAGE FACILITIES WITHIN THE LIMITS OF INE HIGHT-CF-WAY. MOWING AND LITTER CLEAN -16 WITHIN TOLE OUTERMOST CURBS CF THE FRONTAGE ROADS ANO THE ENTIRE RIGHT-OF-WAY WHERE NO FRONTAGE R04US EXIST. SNOW ANO ICE CONTROL ON THE THROUGH LANES AND RAMPS AND ASSIST ON FRONTAGE ROADS. PR0022 {JFK CAUSEWAY) - FROM 5H03513 TO 2000 -FT WEST OF AQUARIUS 5T. CORPUS CHRIST! Pap 305215 (2010) Texas Department of Transportation uschristi7h. dQn 7 S a . EXHIBIT "B" CONTROLLED ACCESS HIGHWAYS SHEET 15 OF 15 CORPUS CHRISTI \NTERNATIONALl"T.� !C358) -; RAZES BEAR CORPUS CHRISTI Pop.305215 (2010) 1 • -..1 LEGEND CONTROLLED ACCESS HIGHWAYS STATE MAINTAINED -• DASE. TRAVELED SURFACE. STRUCTURES. SWEEPING. HIGHWAY MARKINGS AND DRAINAGE FACILITIES WITHIN THE LFMITS OF THE RIGHT -OF -NAT. MOWING AND LITTER CLEAN-UP WITKIN IKE OUTER MOST CURBS OF THE FRONTAGE ROADS AND TNF ENTIRE RIGHT-OF-WAY WHERE NO FRONTAGE ROADS EX/ST. SNOW AND ICE CONTROL EN THE THROUGH LANES ANO RAMPS ANL ASSIST ON FRONTAGE ROADS. STATE MAINTAINED SH0044 - FROM 5H0358 TO WEST CITY LIMITS Texas Department of Transportation EXHIBIT "B" OUTERMOST CURB DETAIL SHEET 15 OF 16 OUTER MOST CURB - R. 0. W. CITY PROJECTED OUTER MOST CURB LINE • L} it rz cw yrs FRONTAGE ROAD viz STATE MAINTENANCE LIMITS OUTER MOST CURB CITY E.O.P MAIN LANES J; A 40m MAIN LANES J w z (L OF ROAWAY w ✓ y • - MAIN LANES E.O.P MAIN LANES` z wa f z cw �► rI— LC! Z FRONTAGE ROAD *"I• OUTER MOST CURB CITY R.Q.W.-------•----� CITY PROJECTED OUTER MOST CURB LINE 2031 Texas Lhoorknont of Transportation C▪ f' LO Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision, and regulation of certain state highways andlor portions of state highways in the City of Corpus Christi. WHEREAS, the public convenience, safety, and necessity of the City, and the people of the City require that state highway routes within the City be adequately maintained; and WHEREAS, the City and the State of Texas, acting by and through its Department of Transportation ( "State" or "TxDOT "), agree that the State will enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State has made it known to the City that it will, with its own forces and equipment and at its sole expense enter upon and maintain said project, conditioned upon the provisions concerning responsibilities for maintenance, control, supervision, and regulation which are set out in the document titled "Municipal Maintenance Agreement" or "MMA "; and WHEREAS, said project consists of those state highways and/or portions thereof which are described in the MMA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute the Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision, and regulation of certain State Highways and/or portions of state highways in the City of Corpus Christi. ATTEST: Armando Chapa City Secretary APRROVED AST FORM: 4 -Mar -12 1! • Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor J:11.ENG11 AGENDA ITEM S11210410121041012 RESO MMA.docx -545- 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 J:\1.ENG11 AGENDA 1 T E M 511210410121041012 RESO MMA.docx —546— 36 AGENDA MEMORANDUM for the. City Council Meeting of April 10, 2012 DATE: 3/6/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Stephen Draper, Director /Building Official, Development Services StephenD@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Encore Multi - Family, LLC (Case No. 0212 -03) Change from "CG- 1" General Commercial District to "RM -2" Multifamily 2. District 6009 Holly Road PUBLIC HEARING — ZONING Case No. 0212 -03: Encore Multi - Family, LLC: The applicant is requesting a change of zoning from "CG- 1" General Commercial District to "RM -2" Multifamily 2 District, resulting in a change of future land use from commercial to medium density residential. The property to be rezoned is 6.80 Acres out of Lots 5 -C and 5 -D, Lokey Subdivision and Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "RM -2" Multifamily 2 District. BACKGROUND AND FINDINGS: • This rezoning request from "CG -1" to "RM -2" is riot consistent with the adopted future land use plan or Southside Area Development Plan. Despite the inconsistency Development Services staff supports this rezoning request as it will contribute to the overall and ongoing in fill development presently occurring in this area of town. • Although the requested "RM -2" Multifamily 2 District is inconsistent with the adopted Southside Area Development Plan or Future Land Use Plan, both of which identify the area as remaining commercial development, property east of this tract was rezoned within the past five years to allow for the development of a similar apartment community which has enhanced the area become a successful multifamily apartment community. Property immediately west of this site has operated for years as a mini - storage facility and with commercial zoning reaming along Holly Road this proposed rezoning will act as a buffer between the single family residential use to the south and the higher density and uses west and north of the site. Necessary infrastructure exists to serve the proposed higher density uses but private ,water service will need to be extended and looped. Additional traffic generated by this development will have minimal to no impact on the residential neighborhoods to the south as most of the apartment residents will empty onto Nodding Pines Drive in route to Holly Road. City Council Executive Summary Memorandum Encore Multi - Family, LLC (Case No. 0212 -03) Page 2 ALTERNATIVES: Denial of the requested change of zoning to the "RM -2" Multi- Family District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as continued commercial use. The proposed change in zoning is not consistent with the Southside ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage continued multi - family development including where adjacent to residential properties. This may be achieved by employing methods which minimize and mitigate the impacts of such uses where adjacent to low density residential uses through the employment of side yard buffers and installation of additional landscape areas. The request to the "RM -2" Multifamily 2 District would not be an expansion of any adjacent or existing zoning district but would complement the newly developed apartment community east of and across Nodding Pines Drive. This proposed development would assist in meeting the ever expanding demand for leasable residential space especially in the south side area which has experienced a major population growth and infill of historically vacant property over the past 20 years. 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 :ana,s,: Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation {February 15, 2012): Approval of the change of zoning to the "RM -2" Multifamily 2 District. . K:I LEGAL ISHAREDILEGAL- DEV.SVCS12012 AGENDA & NONAGENDA\2012 AGENDA ITEMS10212 -03, ENCORE MULTE- FAMILY, LLC103 -05 -2012, 0212 -03 ENCORE MULTI - FAMILY, LLC, Agenda Memo by JR.docx —550— City Council Executive Summary Memorandum Encore Multi - Family, LLC (Case No. 0212 -03) Page 3 LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Toby Futrell, Interim Assistant City Manager K:I LEGAL ISHAREDILEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS104 -10- 201210212 -03, ENCORE MULTI- FAMILY, LLC103 -05 -2012, 0212 -03 ENCORE Multi- Family, LLC, Agenda Memo by JR.docx -551- ZONING REPORT Case No.: 0212 -03 Planning Commission Hearing Date: February 15, 2012 Applicant: Encore Multi- Family, LLC Owner: Paramount Elite Development, LLC Representative: Urban Engineering Legal Description/Location: Being 6.80 Acres out of Lots 5 -C & 5 -D, Lokey Subdivision & out of Lot 6, Section 12, Flour Bluff & EncinaI Farm & Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. From: "CG -1" General Commercial District To: "RM -2" Multifamily 2 District Area: 6.80 Acres Purpose of Request: To allow for the construction of an apartment house community consisting of 148 units with a common community club house and leasing office. Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Vacant Commercial North "CG -1" General Commercial Vacant Commercial South "RS -6" Single- family 6 Low Density Residential East "RM -1" Multi- family & " CG -2" General Commercial Medium Density Residential Low Density Residential Commercial West � o g "IL" Light Industrial Mini - Storage Light industrial Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial. The proposed change in zoning to the "RM -2" Multifamily 2 District is not consistent with the Southside ADP or the adopted Future Land Use Map. Map No.: 042,034 Zoning Violations: None Staff's Summary: • Requested Zoning: To allow for the construction of an apartment house community consisting of 148 units with a community club house and leasing office. Office hours will be from 8:00 AM to 5 :30 PM. This project will require 296 parking spaces based on the UDC parking space requirement illustrated in Article 7.2.2 Table 7.2.2B Parking Ratios. • Transportation and Circulation: The subject property will have direct driveway access on to Nodding Pines Drive between Holly Road and Golden Canyon Drive. Nodding Pines Drive is a 60 -foot collector serving the neighborhoods south of Holly Road and is the first north/south collector west of Airline. Holly Road is identified as an "Al" Arterial with an existing 95 -foot right -of -way consisting of 4 -travel lanes and a continuous left hand turning lane. G a a Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Nodding Pines Drive 60' R.O.W., 38' paved 60' R.O.W., 38' paved Local N/A Holly Raod 95' R.O.W., 62' paved 95' R.O.W., 62' paved Al Arterial 15,158 —552— Zoning Report Case #: 0212 -03, Encore Multi- Family, LLC Page 2 Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would have minimal impact with regards to smart growth. The proposed rezoning while not compliant with the long range development plan does tend to follow current redevelopment trends in and around this immediate area. The project provides additional housing opportunities and expands on the idea of a "walkable" community. With the variety and availability of multi -mode transportation, this development will not only serve the immediate neighborhood but will also serve the entire south side community by offering additional housing opportunities to help meet the continuously expanding demand for housing in this growing community. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as continued commercial use. The proposed change in zoning is not consistent with the Southside ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage continued multi - family development including where adjacent to residential properties. This may be achieved by employing methods which minimize and mitigate the impacts of such uses where adjacent to low density residential uses through the employment of side yard buffers and installation of additional landscape areas. The request to the "RM -2" Multifamily 2 District would not be an expansion of any adjacent or existing zoning district but would complement the newly developed apartment community east of and across Nodding Pines Drive. This proposed development would assist in meeting the ever expanding demand for leasable residential space especially in the south side area which has experienced a major population growth and infill of historically vacant property over the past 20 years. Plat Status: Subject property is not platted. Department Comments: • Representatives from Encore have met with the residential property owners immediately adjacent to the proposed complex and have explained the proposed development in detail in an effort to gain an understanding of what concerns the residential property owners might have. • This rezoning request from "CG -I" to "RM -2" is not consistent with the adopted future land use plan or Southside Area Development Plan. Despite the inconsistency Development Services staff supports this rezoning request as it will contribute to the overall and ongoing in fill development presently occurring in this area of town. • If the applicant is granted a change of zoning from a commercial to the multifamily district, the Unified Development Code requires a complete landscape plan including a Zoning District Buffer Yard between the residential and industrial zoned properties. The Zoning District Buffer Yard is specifically detailed in Section 7.9.5. Table A, Required Zoning District Buffer Yard (New Development). This section will also require the continued maintenance of the existing solid screening fence adjacent to industrially used and zoned properties. —553 -- Zoning Report Case #: 0212 -03, Encore Multi- Family, LLC Page 3 Staff Analysis: • Although the requested "RM -2" Multifamily 2 District is inconsistent with the adopted Southside Area Development Plan or Future Land Use Plan, both of which identify the area as remaining commercial development, property east of this tract was rezoned within the past five years to allow for the development of a similar apartment community which has enhanced the area become a successful multifamily apartment community. Property immediately west of this site has operated for years as a mini- storage facility and with commercial zoning reaming along HolIy Road this proposed rezoning will act as a buffer between the single family residential use to the south and the higher density land uses west and north of the site. Necessary infrastructure exists to serve the proposed higher density uses but private water service will need to be extended and Iooped. Additional traffic generated by this development wiII have minimal to no impact on the residential neighborhoods to the south as most of the apartment residents will empty onto Nodding Pines Drive in route to Holly Road. Planning Commission and Staff Recommendation (February 15, 2012): Approval of the change of zoning to the "RM -2" Multifamily 2 District. Number of Notices Mailed Total -- 24 within 200' notification area; 0 outside notification area Favor — 5 (inside notification area); 0 (outside notification area) Opposition -- 0 (inside notification area); 0 (outside notification area) For 0.0% As of February 15, 2012 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:SL) GAU5HAREDILEOALDEV.SVCSLp12 AGENDA & NONAGENDAG012 AGENDA ITEM-0212433, ENCORE MIL 1- FAMILY, L10.0212.-0 3, ENCORE, ZONING REPORT.DOC —554— 1tie GULFWAY AIRLINE PARK 1 RQOT LAKEWOOD LLAGE CONDO!: R S T F :° WINACHAS FLOUR BL ►; AI -1 F SUBJEC PROPERTY -F & ENC CC -2 LOKEY QOLDRId WA, G. E C ' E E 12 11 0.0-R = OFF & WOQLD•R t ,E.CR_EK #8 RM- 1 18 1/27/20 WooLDF,►DG:E,P t »6J > : Department of D - kopmen? Se lass CASE: 0212-03 2. SITE - EXISTING ZONING, r. NOTICE AREA & OWNERSHIP RM -1 Muhifamily 1 RM -2 Multifamily RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial C14-2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commerclal Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light industrial !H Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 R5-6 Single- Family 5 RS-4.5 Single- Family 4.5 RS-TF Two - Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Owners Wilk 200'buffer in favor 4 Owners within 200' listed on V Owners altaehed ownership tabie in opposition -555- Ordinance amending the Unified Development Code (UDC), upon application by Encore Multi - Family, LLC, on behalf of Paramount Elite Development, LLC, Owner, by changing the UDC zoning map in reference to 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and out of Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, from the "CG -1" General .Commercial District to the "RM -2" Multifamily 2 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 Encore Multi - Family, LLC, on behalf of Paramount Elite Development, LLC, 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 15, 2012, during a meeting of the Planning Commission, and on Tuesday, April 10, 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 6.80 acres out of Lots 5 -0 and 5 -D, Lokey Subdivision and out of Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive, resulting in a change of future land use (Zoning Map 042,034; 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. 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 Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This 7114 day of c , 2012. eborah Wal er Bro Assistant City Attorney For City Attorney K:1 LegaASHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -03, Encore Multi - family, LLC103- 06-12, 0212 -04 Encore MF, LLC, CG -1 to RM -2, Ordinance, PC -Staff Rec DRAFT by EM,doc —557— 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:1LegaRSHARED \LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -03, Encore Multi - family, u.c\o3- 06-12, 0212 -04 Encore MF, LLC, CG -1 to RM -2, Ordinance, PC -Staff Rec DRAFT by EM.doc —558— RM GULFWAY AIRLINE PARK 1 • Ro or LAKEWOOD V LLAGE CONDO 40 RS- TF mo■° WINDCHA S FLOUR BL AI- 1 F & ENC CG -2 OOLDRID REEK CE RIDGE CREEK #8' Ny � FLOUR UFF & I� O'LIB 'IDG 12 R S WOOLD - `r E CR K #8 CASE: 0212 -03 Exhibit A Planning Commission & Staff Recommendation From: "CG- 1" General Commercial District To: "RM -2" Multifamily 2 District Ordinance No. -559- 37 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 3/6/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director /Building Official, Development Services StephenD cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING City of Corpus Christi (Case No. 0212 -04) Change from "CN -1" Neighborhood Commercial District to "RS -4.5" Single- family 4.5 District Property Addresses: 6093 Dunbarton Oak Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0212 -04: City of Corpus Christi: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single- family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive. Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District BACKGROUND AND FINDINGS: • Lot 9A, Block 2, Cimarron Center is one of the last single - family size lots at approximately 6,010 square feet available for new home construction in this immediate area. This lot will comfortably accommodate the planned construction of a one -story single- family residential structure with driveway access onto Earhart Drive. • The proposed change is inconsistent with the projected future land use of the area but because of the Dunbarton Oak Drive realignment and the residual "CN -1" Neighborhood Commercial District boundary which was based on the original alignment of Dunbarton Oak Drive, the subject property is left essentially as an isolated and undersized "CN -1" District lot. The rezoning of this property from the "CN -1 "District to the "RS -4.5" Single- Family 4.5 District would be in the best interest of the neighborhood and in keeping with the overall community and continuity of the area. ALTERNATIVES: Denial of the requested change of zoning to the "RS -4.5" Single - family 4.5 District. OTHER CONSIDERATIONS: N/A City Council Executive Summary Memorandum City of Corpus Christi. (Case No. 0212 -04) Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial use. The proposed change in zoning is inconsistent with both the adopted Future Land Use Map of the Comprehensive Plan and Southside Area Development Plan; however, over the past several years and since the adoption of the aforementioned plans development trends and the alignment of existing right -of -ways has changed. The Comprehensive Plan and Southside ADP encourage residential development and with the demand for more affordable housing on the increase staff supports the applicant's request of rezoning from "CN -1" Neighborhood Commercial to the "RS -4.5" Single - Family 4.5 allowing for the proposed residential construction. 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 una(s): Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "RC-A .5" Single- family 4.5 District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy Garza, Assistant City Manager Toby Futrell, Interim Assistant City Manager K:1 Legal \SHARED\LEGAL- IEV.SVC512012 Agenda & NonAgenda12012 AGENDA ITEM510212 -04, City of Corpus Christi103 -05 -2012, 0212 -04 City of Corpus Christi, Agenda Memo by 7R.docx -564- ZONING REPORT Case No.: 0212-04 Planning Commission Hearing Date: February 15, 2012 Applicant & Legal Description Applicant: City of Corpus Christi • Owner: Ramey & Son Homes, LLC Representative: City of Corpus Christi Legal Description/Location: Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive. Zoning Request From: "CN -1" Neighborhood Commercial District To: "RS -4.5" Single - family 4.5 District Area: 0.138 Acre (6,011 square feet) Purpose of Request: To allow for the construction of a single family residential home. Existing Zoning and Land Uses Traffic Volume 2007 Existing Zoning District Existing Land Use Future Land Use Site "CN -1 " Neighborhood Commercial Vacant Commercial North "CN -1" Neighborhood Commercial Commercial Commercial South "RS -4.5" Single - family 4.5 Low Density Residential Low Density Residential East "RS -4.5" Single- family 4.5 Low Density Residential _ Low Density Residential West "RS -6" Single - family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial. The proposed change in zoning to the "RS -4.5" Single - family 4.5 District is not consistent with the Southside ADP or the adopted Future Land Use Map. Map No.: 043,033 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 a single family residence. • Transportation and Circulation: This corner lot property fronts on Dunbarton Oak Drive and Earnhart Drive with driveway access permitted onto Earnhart Drive. bunBarton Oak Drive has restricted driveway access and serves as a minor collector connecting traffic between Cimarron Boulevard to the east and Patti Drive to the west. Earnhart Drive serves as a local residential street, Street R.0 ,W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Pave-1 Section Urban Trans. Piau L if Traffic Volume 2007 Dun Barton Oak Drive 60' R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A Earnhart Drive 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing a home. 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 although not consistent with the future land use does create continuity within the neighborhood by removing what would be an undersized and isolated commercial lot. —565— • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial use. The proposed change in zoning is inconsistent with both the adopted Future Land Use Map of the Comprehensive Plan and Southside Area Development Plan; however, over the past several years and since the adoption of the aforementioned plans development trends and the alignment of existing right -of -ways has changed. The Comprehensive Plan and Southside ADP encourage residential development and with the demand for more affordable housing on the increase staff supports the applicant's request of rezoning from "CN -1" Neighborhood Commercial to the "RS -4.5" Single- Family 4.5 allowing for the proposed residential construction. Zoning Report Case #: 0212 -04, City of CC Page 2 Plat Status: Subject property is platted as Lot 9A, Block 2, Cimarron Center. Department Comments: • The proposed change of zoning is immediately adjacent to two large single - family residential communities, Dunbarton Oaks Subdivision to the west and Cimarron Estates Subdivision to the south. North of the subject property and across Dunbarton Oak Drive is a newly constructed WaI- Mart Retail Center and to the east of the site is the eastward extension of Dunbarton Oak Drive. Lot 9A, Block 2, Cimarron Center is one of the last single - family size lots at approximately 6,010 square feet available for new home construction in this immediate area.. This lot will comfortably accommodate the planned construction of a one -story single - family residential structure with driveway access onto Earhart Drive. • The proposed change is inconsistent with the projected future land use of the area but because of the Dunbarton Oak Drive realignment and the residual "CN -1" Neighborhood Commercial District boundary which was based on the original alignment of Dunbarton Oak Drive, the subject property is left essentially as an isolated and undersized "CN -1" District lot. The rezoning of this property from the "CN -1 "District to the "RS -4.5" Single - Family 4.5 District would be in the best interest of the neighborhood and in keeping with the overall community and continuity of the area. Planning Commission and Staff Recommendation: Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. Number of Notices Mailed Total -- 17 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 February 15, 2012 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:I Lega11SHAREDILEGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS\0212 -04, City of Corpus Christi10212 -04, City of CC, Zoning Report.doc -566- CN- 1 OUNBARTON OAK UN 2 3CIMARRON CENTER SUBJECT PROPERTY OA. s uN S 8 01/31/2012 pared 8y: SRO? entServices CASE: 0212 -04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily2 RM -3 Multifamily ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CSC. CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overtay Business Park IL Light Industrial 111 Heavy industrial PUO Planned Unit Dev. Overlay RS -10 Single-Family 10 RS-6 Bangle- FamIly 6 RS .4.5 Single- Famiiy4.5 RS -TF two- Family RS-1 5 Single-Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Owners with 200' bullet in favor A Owners wilhln 200' listed on Owners N' attached ownership table X in oppesMon -567- Ordinance amending the Unified Development Code (UDC), upon application by the City of Corpus Christi on behalf of Ramey and Son Homes, LLC, Owner, by changing the UDC zoning map in reference to Cimarron Center, Block 2, Lot 9A, from the "CN -1" Neighborhood Commercial 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 the City of Corpus Christi, on behalf of Ramey and Son Homes, LLC, 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 15, 2012, during a meeting of the Planning Commission, . and on Tuesday, April 10, 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 Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive, resulting in a change of future land use (Zoning Map 043,033; 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. 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 Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This 746 day of , 2012. Zill7fr"1 borah Wa ther Brow Assistant City Attorney For City Attorney K:1 LegaI \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -04, City of Corpus Christi103 -06- 12, 0212 -01 City of CC, CN -1 to RS -4.5, Ordinance, PC-Staff Rec §T by EM.doc 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. 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:1 Legal \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -04, City of Corpus Christ103 -06- 12, 0212 -01 City of CC, CN -1 to RS -4.5, Ordinance, PC -Staff RecDRAFT by EM.doc C N _ 1 CIMARRON CENTER ,ARTON OAKS UN 3SUBJECT PROPERTY 2 Oi /3i /2012 red ay: SRR era Services CASE. 0212 -04 Exhibit A Planning Commission & Staff Recommendation From: "CN -1" Neighborhood Commercial District To: "RS -4.5" Single - Family 4.5 District Ordinance No. -571- 38 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 3/7/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director /Building Official, Development Services StephenD@cctexas.com (361) 826 -3246 CAPTION: PUBLIC HEARING — CHANGE OF ZONING Flint Hills Resources Corpus Christi (Case No. 0212 -02) Change from RS -6" Single Family 6 District, "RS -6" Single Family 6 District/Special Permit/78 -16 and "RS -TF" Two Family District/Special Permit/78 -16 to "CG -1" Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2 3221 Ebony Street PUBLIC HEARING — ZONING Case No. 2012 -02 Flint Hills Resources Corpus Christi, LLC The applicant is requesting a change of zoning from RS -6" Single Family 6 District, "RS -6" Single Family 6 District/Special Permit/78 -16 and "RS -TF" Two Family District/Special Permit/78 -16, to "CG -1" General Commercial on Tract 1 and "IL" Light Industrial on Tract 2, resulting in a change of future and use. The property to be rezoned is 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right -of -way) and Baymoor Boulevard (50 -foot right -of -way), all in the Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. BACKGROUND AND FINDINGS: • The proposed change of zoning is adjacent to a large refinery area comprised of storage tanks and the associated containment berms, service valves and pipe arrays, and other industrial uses which aid in the processing and storage of petroleum products. Over the past decade a major pipeline corridor was expanded and routed precisely through this immediate area. • This less intensive parking area use and light industrial service area use is in keeping with the 200 foot buffer paralleling along Interstate Highway 37. The residential buy -out areas were intended to mitigate the potential for injury to the general public by providing a long term buffer area in the event of a blast or catastrophic event while at the same time, serve industry in a variety of functions such as temporary turn around parking, staging areas and material lay down yards. K:I LEGAL ISHAREDILEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS10212 -02, FLINT HILLS PARKING103 -05 -2012, 0212- 02 FLINT HILLS RESOURCES CC, LLC, Agenda Memo by SR.docx -575- City Council Executive Summary Memorandum Flint Hills Resource Corpus Christi, L.L.C. (Case No. 0212 -02) Page 2 ALTERNATIVES: Denial of the requested change of zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Westside Area Development Plan (ADP) slate the subject property for continued low density residential uses. The proposed change in zoning is inconsistent with the adopted Future Land Use Map of the Comprehensive Plan. 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 unats): Comments: RECOMMENDATION: Planning Commission and Staffs Recommendation (February 15, 2012): Approval of the change of zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light industrial District on Tract 2. K:ILEGALISHARED \LEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS10212 -02, FLINT HILLS PARKING103.05 -2012, 0212- 02 FLINT HILLS RESOURCES CC, LLC, Agenda Memo by JR.docx -576- City Council Executive Summary Memorandum Flint Hills Resource Corpus Christi, L.L.C. (Case No. 0212 -02) Page 3 LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy Garza, Assistant City Manager Toby Futrell, Interim Assistant City Manager K:I LEGAL \SHARED\LEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS10212 -02, FLINT HILLS PARKING103 -05 -2012, 0212- 02 FLINT HILLS RESOURCES CC, LLC, Agenda Memo by JR.docx —577— ZONING REPORT Case No.: 0212 -02 Planning Commission Hearing Date: February 15, 2012 Applicant: FIint Hills Resources Corpus Christi, LLC Agent/Representative: Maverick Engineering. Inc. Owner: Flint Hills Resources Corpus Christi, LLC Legal Description/Location: 9.586 acre tract of land being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, and a portion of Ebony Street and Baymoor Boulevard, all in the Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. Zoning Request From: "RS -6" Single - Family 6 District, "RS- 6/SP- 78 -16" Single Family 6 District with a Special Permit, and "RS- TF /SP- 78 -16" Two - Family District with a Special Permit, To: "CG -1" General Commercial District on Tract 1 & "IL" Light Industrial District on Tract 2 Area: 9.586 Acres Purpose of Request: To allow for the construction of two new paved parking lots and the refurbishing of a third existing parking lot (Tract 1) along with an industrial area located north of and behind the parking lot areas (Tract 2). The additional 377 parking spaces will serve as plant employee and contractor parking during refinery turnarounds and other plant related projects. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- family 6, "RS- 6/SP" Single - family 6 with a Special Permit, & "RS- TF/SP" Two - family with a Special Permit Vacant & Light Industrial Low Density Residential North "O.C.L." Outside City Limits & "IL" Light Industrial Light & Heavy Industrial Heavy Industrial South "RS -6" Single - Family 6 290 feet of 111-37 & beyond IH -37 R.O.W Low Density Residential Low Density Residential East "RM -1" Multifamily 1 & "CG -2" general Commercial Vacant - Buffer Zone Open Space West "1H" Heavy Industrial Light & Heavy Industrial. Heavy Industrial Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning from "RS -6" Single - Family 6 District, "RS- 6/SP- 78 -16" Single- Family 6 District with a Special Permit, and "RS- TF /SP- 78 -16" Two - Family District with a Special Permit to the "CG -1" General Commercial District and "IL" Light Industrial District is not consistent with the Westside ADP or the adopted Future Land Use Map. lviap No.: 048,045 Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the zoning request from "RS -6 ", "RS- 6 /SP /78 -16" and "RS- TF/SP/78-16" to the "CG -1" and "IL" District is allow Flint Hills Refinery to construct and operate three individual parking areas resulting in an additional 377 parking spaces with a fourth area to be used as light industrial. These four areas will accommodate employees and contractors during refinery turnaround procedures and provide a concentrated and more efficient parking and light industrial service area. —578— Zoning Report Case #: 0212 -02, Faint Hiiis Page 2 • Transportation and Circulation: This multi -block property fronts along the north side of Interstate Highway 37. Access into these areas will utilize existing street right -of -ways and three existing intersection points at Baymoor Boulevard, Ebony Street, and Huisache Street all located along the north frontage road of Interstate Highway 37 between Nueces Bay Boulevard to the east and Buddy Lawrence Drive to the west. Street R.O.W. , Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Yp Traffic Volume 2007 Interstate 290 foot R.O.W., 250' 290 foot R.O.W., 250' Freeway/ 10,422 N Highway 37 paved paved Expressway 1,512 S • Relationship to Smart Growth: The proposed change of zoning will allow for the continued redevelopment and improvement of refinery owned property formerly utilized as residential property. The proposed redevelopment of the property will aIIow for the construction and use as three (3) employee parking areas with a fourth area serving as a light industrial activities area. This fourth area will be located to the rear or north of the site behind the proposed parking areas and adjacent to the existing heavy industrial uses. Use of the existing infrastructure will be minimal and the proposed change of zoning would have little to no impact regarding smart growth. The proposed change of zoning though not consistent with the future land use plan does create continuity within a predominantly industrialized area by removing property that is being underutilized and logistically isolated. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Westside Area Development Plan (ADP) slate the subject property for continued low density residential uses. The proposed change in zoning is inconsistent with the adopted Future Land Use Map of the Comprehensive Plan. Plat Status: Subject property consists of numerous platted lots. Department Comments: • The proposed change of zoning is adjacent to a large refinery area comprised of storage tanks and the associated containment berms, service valves and pipe arrays, and other industrial uses which aid in the processing and storage of petroleum products. This multi -block site is a remnant portion of the Baymoor subdivision located along the north and south sides of Interstate Highway 37. This portion of the Baymoor was bisected and left isolated along the north side of Interstate Highway 37 with the construction of ITT-37 irl the late 1(' s_ This remnant portion remained a neighborhood in transition or a "NIT" for the next 35 to 40 years with all traces of the once residential area being removed by mid 2002. Over the past decade a major pipeline corridor was expanded and routed precisely through this immediate area. • Although this proposed change is inconsistent with the projected future land use for this area, a use such as this will provide a much needed less intensive industrial use buffer while at the same time shortening the walking and driving distance for refinery service employees and refinery contractors. These proposed parking areas will consolidate and reduce the overall number of existing smaller, isolated and spread -out parking areas in and around the FIint Hills facility. -579-- Zoning Report Case #: 0212 -02, Flint Hills Page 3 This less intensive parking area use and light industrial service area use is in keeping with the 200 foot buffer paralleling along Interstate Highway 37. The residential buy -out areas were intended to mitigate the potential for injury to the general public by providing a long term buffer area in the event of a blast or catastrophic event while at the same time, serve industry in a variety of functions such as temporary turn around parking, staging areas and material lay down yards. Although requesting this change of zoning for this property from "RS -6" Single- Family 6 District, "RS- 6/SP- 78 -16" Single - Family 6 District with a Special Permit, and "RS- TF /SP- 78 -16" Two - Family District with a Special Permit to the "CG -1" General Commercial District and IL" Light Industrial District is inconsistent with the adopted plans this request is in keeping with the recent and ongoing development trends in this area. Staff supports this request in that it is in the best interest of the neighborhood south of and across Interstate Highway 37 as well as the interest and overall safety of this community. Interstate Highway 37 is one of the City's premiere access points and major evacuation routes before, during and after a natural disaster such as a tropical storm or hurricane. Therefore, the proposed uses will protect this corridor. Planning Commission and Staff Recommendation (February 15,2012): Approval of the change of zoning to the "CG -1" General Commercial District on Tract 1 & "IL" Light Industrial District on Tract 2. Number of Notices Mailed Total — 66 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 February 9, 2012 Attachments: 1. Site -- Existing Zoning, Notice Area, & Ownership map K:I LEGALISHARED ILEGAL-DEV.SVCS12012 AGENDA & NCNAGENDA120t2 AGENDA ITEMSI0212 -02, FLINT HILLS PARKING1o212 -02, FLINT HILLS CC, LLD, ZONING REPORT BY JR.DCC -580- SOUTHWESTERN OIL 03/C1/2of2 reps - = By: cor,3lthm evefopa ent Services CASE: 0212 -02 L. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -t MultItamlly1 RM -2 Multifamily RM -3 Multifamily ON 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 COO CR -3 FR H BP Resort Corn merclal 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 RS -1O Single - Family 10 RS-6 Single -Family 8 RS-4.5 Single-Family 4.5 RS -TF Two- Famlly RS-15 Single - Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home ea Subject Properly Owners with 200' buffer in favor A Owners within 20Y listed on \/ Owners 'f alt ached ownership table /\ fn opposkfon Ordinance amending the Unified Development Code (UDC), upon application by Flint. Hills Resources Corpus Christi, LLC, by changing the UDC zoning map in reference to 9.586 acres of land; being all of Lots 134 - 140,191 -227, and a portion of Lots 141 -146, 187- 190, and 228 -239, a portion of Ebony Street and Baymoor Boulevard, all in the Baymoor Addition, from the "RS -6" Single- family 6 District, "RS -6" Single- family 6 District/Special Permit/78-16 and "RS -TF" Two Family District/Special Permit/78 -16, to "GC -1" General Commercial on Tract 1 and "IL" Light Industrial 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 Flint Hills Resources Corpus Christi, LLC, 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 15, 2012, during a meeting of the Planning Commission, and on Tuesday, April 10, 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 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134- 140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right -of -way) and Baymoor Boulevard (50 -foot right -of -way), all in the Baymoor Addition, from "RS -6" Single - family 6 District/Special Permit/78 -16 and "RS- TF" Two - Family District/Special Permit/78 -16, to "GC -1" General Commercial on Tract 1 and "IL" Light Industrial on Tract 2, located north of Interstate Highway 37 and west of Nueces Bay Boulevard, resulting in a change of future land use (Zoning Map 048,045; Exhibit "A" - Planning Commission and Staff's 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 Page 2 of 3 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: This Joe Adame Mayor, City of Corpus Christi day of`'�r , 2012 eborah Walther Br Assistant City Attorney For City Attorney K:1 LegaPSHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -02, Flint Hills Parking103 -07 -2012, 0212 -02 Flint Hills Resources, Draft ordinance by EM.doc —583— 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:1 Legal\SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -02, Flint Hills Parking103 -07 -2012, 0212 -02 Flint Hills Resources, Draft Ordinance by EM.doc -584- CASE: 0212 -02 Exhibit A Planning Commission & Staff Recommendation From: RS -6" Single Family 6 District, "RS -6" Single Family 6 District/Special Permitl78- 16 and "RS -TF" Two Family District/Special Permit/78 -16 To: "CG -1" General Commercial District on Tract l and "IL" Light Industrial District on Tract 2 Ordinance No. SUBJECT PFr PERTY 6E0 AHD MOAN LOCATION MAP 39 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: March 8, 2012 TO: Ronald L. Olson, City Manager FROM: Keith Arnold CEO, Corpus Christi Convention and Visitors Bureau (CCCVB) karnold cr_visitcorpuschristitx.oq (361) 881 -1855 UPDATE TO CITY COUNCIL Convention and Visitors Bureau Quarterly Productivity Update STAFF PRESENTER(S): Name 1. None 2. 3. OUTSIDE PRESENTER(S): TitlelPosition Department Name TitlelPosition Organization 1. Keith Arnold CEO CCCVB 2. 3. BACKGROUND: Quarterly Presentation to City Council LIST OF SUPPORTING DOCUMENTS: PowerPoint presentation 40 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: March 16, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danbp,cctexas_com; 826 -3729 UPDATE TO CITY COUNCIL BOND ISSUE 2008 STREET PROGRAM UPDATE STAFF PRESENTER(S): Name 1. Oscar R. Martinez 2. Daniel Biles, P.E. 3. OUTSIDE PRESENTER(S): Title /Position Department Assistant City Manager Public Works and Transportation Interim Director Engineering Services Name Title /Position Organization 1. None BACKGROUND: This is an update on the Bond Issue 2008 Street Program including project status and estimated project savings. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation Approvals: Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Bond 2008 Street. Project Savings Council Update March 27, 2012 Bond 08 Street Balance • Have Bid 23 of 26 Individual Street Projects — Will be repackaging and rebidding the Downtown Streets project (Apr 12) — Charles Drive (Apr 12) — Williams Drive Phase 1 & 2 (Apr 12) • Savings to date is approximately $13.CPM — Cannot use on non -Bond 08 projects until substantially complete with Bond 08 project construction (Expected late 2012/early 2013) Currently 60% complete with the Street projects Bond 08 Streel: Balance Tentative Projects Approved by Council Project Park Road 22 Bridge Yorktown/Rodd Field Intersection Realignment (Urban Section) Yorktown Extension (Cimarron to Rodd Field) Street Cost ($k) Utility Cost ($k) $5,655 $1,126 Design Cost Total Cost ($k) ($k) Pd - Bond 04 $6,781 $2,000 $1,500 Pd - Bond 04 $3,500 $3,385 Request by Councilmembers Street Cost Project ($k) Mansheim Area Improvements (Phase 2) $4,395 $2,188 Pd - Bond 04 $5,573 Utility Cost ($k) $3,903 Design Cost ($k) $1,660 Total Cost ($k) $9,959 Street From To Street Matrix Projects Top 10 Street Class. Score Navigation Alameda Greenwood Ocean Drive Tuloso Rd Horne McArdle Leopard McArdle Kostoryz Up River Ayers Golihar Buford 1H37 Ayers Nile SR 286 Whitaker Brawner Leopard Louisiana Horne Naples Leopard Port Ennis Joslin Palm Nile Staples A -1/A-2 A-2 A-1 A-2 A-2 A-1 C-3 A-1 C-3 A-1 8 9 12: 14 15 18 20 20 21 21 Priority 1 2 3 4 5 6 7 8 9 10 Street Utility Cost ($k) Cost ($k) $2,150 $1,613 Total Cost ($k) $3,763 $1,780 $1,335 $3,115 $1,630 $1,223 $1,910 $1,433 $2,853 . $3,343 $1,170 $878 $2,048 $650 $488 $1,430 $1,073 $1,138 $2503 $2,090 $1,568 $3,658 $2,330 $1,748 $4,078 $2,090 $1,568 $3,658 ,., e ..