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Agenda Packet City Council - 05/29/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, May 29, 2012 12:00 PM Council Chambers 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. Proclamations / Commendations Proclamation declaring June 9 -19, 2012 as "147th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days" B. Mayor Joe Adame to call the meeting to order. C. Invocation to be given by Pastor John Hardy, St. Mark's Episcopal Church. D. Pledge of Allegiance to the Flag of the United States. E. City Secretary Armando Chapa to call the roll of the required Charter Officers. F. MINUTES: 1. 12 -00356 Approval of Meeting Minutes - May 22, 2012. Attachments: Minutes - May 22, 2012.pdf G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) H. 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 Corpus Christi Page 1 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 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. I. CONSENT AGENDA NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. Type A grant for investment and expansion of a cycle business in downtown Corpus Christi 2. 12 -00289 Ordinance appropriating $200,000 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 ("Type A Corporation ") to Plant Bikes LLC ('Rugged Cycles ") for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $200,000; and declaring an emergency Attachments: Agenda memo - Rugged Cycles ORDINANCE Ruq_ped Cycles 4 -26 -12 3. 12 -00332 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ("Type A Corporation ") and Plant Bikes LLC ('Rugged Cycles "), which provides a grant of up to $200,000 for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Rugged Cycles Business Incentive Agreement for the creation and retention of jobs. Attachments: Agenda memo - Rugged Cycles RESOLUTION Rugged Cycles 4 -26 -12 Business Incentive Agreement - Rugged Cycles Rugged Cycles Business Support Agreement Type A City Rugged Cycles Certification of Funds B J. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at Corpus Christi Page 2 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 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. Corpus Christi Page 3 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 4. 12 -00357 Executive session under Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving contractor performance on a city construction contract. 5. 12 -00364 Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving the Corpus Christi Police Department, with possible discussion and action in open session. K. PUBLIC HEARINGS: UDC amendment to remove Historic Overlay District from building located at 828 Oak Park Drive 6. 12 -00350 Public Hearing and Ordinance to consider amending ordinance No. 025197, by removing the "HC -I" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the Unified Development Code ( "UDC ") as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park; 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. Attachments: Agenda Memo H Overlay2.docx Official Excerpt 021612 (Oak Park UMC) LMCMinutes.docx Amending Ord.Oak Park United Methodist ChurchDWBFinal.pdf ExhibitA - Historic Overlay - Oak Park United Methodist Church.pdf First Reading Ordinance - Amending Urban Transportation Plan to modify alignment of Aquarius Street 7. 12 -00264 Public Hearing and Ordinance to consider amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. Attachments: Agenda Memo Exec Summary Form - ACTION ITEM for Urban Transportation f Minutes Excerpts Aquarius Street.docx Ordinance - Urban Transportation Plan Aquarius Street First Reading Ordinance - Amending Urban Transportation Plan to modify Martin Street 8. 12 -00265 Public Hearing and Ordinance to consider amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of Martin Street; amending related elements of the Comprehensive Plan of the City; providing for Corpus Christi Page 4 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 severance; providing for publication. Attachments: Agenda Memo Exec Summary Form - ACTION ITEM for Urban Transportation / Minutes Excerpts Martin Street.docx Ordinances Martin Street for the Urban Transportation Plan Amendment.docx First Reading Ordinance - Amendment to the Urban Transportation Plan to add Master Channel Ditch 27 to Bicycle and Pedestrian Plan Map 9. 12 -00266 Public Hearing and Ordinance to consider amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. Attachments: Agenda Memo Exec Summary Form - ACTION ITEM for Urban Transportation / Minutes Excerpts Master Ditch 27.docx Urban Transportation Plan Master Ditch 27 Ordinance.docx L. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. M. FIRST READING ORDINANCES: Appropriation of revenues from customer facility fee to offset cost of Airport rental car operations faciltiy 10. 12 -00355 Ordinance appropriating $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY 2011 -2012 capital budget adopted by Ordinance No. 029135 to increase appropriations by $629,027 Attachments: Agenda memo - CFC Appropriation.docx Ord - approp - AirportCustFacility Appropriation of developer / community contributions for park improvements 11. 12 -00308 Ordinance appropriating $54,833.71 in developer contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Corpus Christi Page 5 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 Attachments: Agenda memo Comm Enrichment fund Exhibit 1 Comm Enrichment funds appmphsdon.pdf Ordinance CommEnhuh funds appmphadon.doo N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL The following items are for Council's informational purposes only. No action wil be taken and no public comment will be solicited. Purchase of replacement radiator for water treatment plant back-up generator 12. 12-00315 Motion approving the purchase of one replacement radiator for an Onan Generator from Cummins Southern Plains for a total amount of $63.483.65. The equipment io used bv the City's Water Department, D.N. Stevens WaterTreatment Plant on an emergency backup generator. Funds are budgeted in the Water Department operations budget in FYII/12. Attachments: Agenda memo Emerqency Generator Radiator Price Sheet- Emerqency Generator Radiator ReplacementV2 Corpus Christi Page 6 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 Service agreement to provide contracted municipal court bailiffs for Municipal Court 13. 12 -00214 Motion approving a three -year service agreement for contracted commissioned municipal court bailiffs with Alpha Security Solutions & Investigations of Corpus Christi, TX based on lowest responsible bid in accordance with Bid Invitation No. BI- 0082 -12, for a total amount of $467,625.60, of which $25,979.20 is required for the remainder of FY2011/2012. The term of the agreement is for three years with an option to extend for up to two additional one -year periods subject to the approval of the service provider and the city manager or designee. Funds are available in the Municipal Court Security Fund. Attachments: Agenda Memo- Bailiff Bid Tabulation - Bailiff Service Agreement - Bailiff Service agreement to supply emergency response equipment and services in the event of a disaster 14. 12 -00297 Motion approving a service agreement for Emergency /Disaster Response Services with Garner Environmental Services, Inc. of Deer Park, TX for a total amount of $406,667.74. The term of the agreement is four years. The award is in accordance with the General Services Administration's (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. Attachments: Agenda Memo- Emergency Disaster Price Sheet - Emergency Disaster Agreement - Emergency Disaster Service .pdf Purchase of group life and disability insurance for City employees 15. 12 -00339 Motion authorizing the City Manager or designee to execute all documents necessary to purchase two years of Group Life Insurance from Standard Insurance Company of Portland, Oregon for a total amount of $69,816.03, of which no funding is required for the remainder of this fiscal year, and two years of Disability Insurance from Lincoln Financial Group of Houston, TX for a total amount of $166,195.87, of which no funding is required for the remainder of this fiscal year; based on lowest responsible proposal; and authorizing the City Manager or designee to execute all documents necessary to extend the coverage for up to two optional one -year periods, subject to approval of the service provider. Attachments: Agenda Memo - Group Life & Disability Insurance.doc Price Sheet - Group Life & Disability Insurance.xls Corpus Christi Page 7 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 Acceptance of grant and appropriation of funds for Linda le Park Community Garden 16. 12-00277 Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle-Gro and the United States Conference of Mayors for the construction of the Linda le Park Community Garden. Attachments: Aqenda Memo 2O12Bro1OOOGrant Resolution 2O12Gro1000Grant.doox CCGro1OOO grant award |otter.ndf Corpus Christi Page 8 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 17. 12 -00278 Ordinance appropriating a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden, and declaring an emergency. Attachments: Agenda 2012 Gro1000 Grant Ordinance 2012 Gro1000 Grant.docx CC Gro1000 grant award letter.pdf Acceptance of grant and appropriation of funds for Elderly Nutrition Program 18. 12 -00306 Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo - ENP Grant award FY12 #1.docx Resolution - ENP Award FY12 #1.doc Exhibit 1 - ENP Award FY12 #1.pdf 19. 12 -00307 Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. Attachments: Agenda Memo - ENP Grant award FY12 #1.docx Ordinance - ENP Award FY12 #1.doc Exhibit 1 - ENP Award FY12 #1.pdf State grant application for funding the Bay Jammin' Concert Series 20. 12 -00344 Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. Attachments: Agenda memo - Texas Live Music Grant Resolution - Texas Music Office Grant application.doc Lease agreement with YMCA for use of T.C. Ayers Pool for free summer swim program 21. 12 -00280 Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. Corpus Christi Page 9 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 Attachments: Agenda Item YMCA aqmt for TCAy rs pool Ordinance YMCA agreement Interlocal Agreements with local school districts to provide summer program transportation services 22. 12-00309 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the CaIaIIen Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda memo Ca|a||en|SD|ntedoua| Summer Transportation Resolution Ca|aUen|8D|ntedoca| for Summer Transportation Contract Ca|aUan|8D|ntedoca| Summer 7ianaportation.pdf Corpus Christi Page 10 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 23. 12 -00310 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda memo - CCISD Interlocal Agmt Summer Transportation Resolution - CCISD Interlocal for Summer Transportation Contract - CCISD Interlocal Summer Transportation.pdf 24. 12 -00311 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - Flour Bluff ISD Interlocal Summer Transportation Resolution -Flour Bluff ISD Interlocal Summer Transportation.doc Contract - Flour Bluff Interlocal Summer Transportation.pdf Authorization of expenditures for Chamber of Commerce Base Closure Task Force efforts 25. 12 -00372 Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. Attachments: Agenda Memo - Base Closure Resolution to authorize funding for South Texas Military Facilities Task Force Authorization to execute future Memorandum of Agreements with the Federal Aviation Administration 26. 12 -00292 Resolution authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International Airport to be paid from funds that will be awarded under future Federal Aviation Administration Grant Nos .49 and 50. Attachments: Agenda memo - FederalAviationAdmMOA Resolution - Federal AviationAdminMOA.docx Approval of agreement with TxDOT for use of right -of -way for Airport runway extension lighting system 27. 12 -00317 Resolution authorizing the City Manager, or designee, to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for 1) the construction and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations; and 2) the lowering and /or relocation, and maintenance of light poles and Corpus Christi Page 11 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 signage in State Highway (S.H.) 44 right -of -way. Attachments: Agenda Memo - MUA Location Map - MUA with TXDOT.pdf Resolution - MUA with TXDOT.pdf Contract - MUA with TXDOT.pdf Approval of contract for review of construction contracts for energy efficient conservation project for major city facilities 28. 12 -00316 Motion authorizing the City Manager, or designee, to execute Amendment No. 3 for peer review services with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for the Energy Efficient Conservation Retrofit - Major City Facilities project. Attachments: Agenda Memo - Energy Efficient Retrofit Protect Budget - Energy Efficiency Retrofit Location Map - Energy Services Peer Review.pdf Amendment - Energy Services Retrofit Appropriation of funds and award of construction contract for Planning Department's new offices 29. 12 -00314 Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. Attachments: Agenda Memo - Planning Dept Renovations (2) Project Budget - Planning Dept Offices Location Map - Planning Dept Renovations.pdf Ordinance - Planning Department Renovations 30. 12 -00346 Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. Attachments: Agenda Memo Motion - Planning Dept Project Budget - Planning Dept Offices Location Map - Planning Dept Renovations.pdf Award of construction contract for City Hall exterior lighting improvements 31. 12 -00182 Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Alpha Building Corporation of Corpus Christi , Texas in the amount of $63,697.84 for City Hall Exterior Lighting Improvements for Corpus Christi Page 12 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 increased illumination and efficiency. Attachments: Agenda Memo - City Hall Exterior Lighting Project Budget - CH Exterior Lighting Location Map - CH Exterior Lighting Amendment to CIP Budget and Participation Agreement for city's portion of street construction costs in Greystone Subdivision (south of Slough Road and east of Rodd Field Road) 32. 12 -00367 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD - Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. Attachments: Agenda memo - Participation Agreement Greystone Subdivision Final Ordinance - Amending CIP, Alty Enterprises, INC & CCISD - Southside MS Trac 33. 12 -00343 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. Attachments: Agenda memo - Participation Agreement Greystone Subdivision Final Participation Agreement, Executed Corpus Christi Page 13 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 FUTURE PUBLIC HEARINGS Change of zoning from commercial to light industrial on property located at 10010 South Padre Island Drive 34. 12 -00318 Case No. 0312 -01: Nueces Stone Quarry, LLC: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of land use from commercial to light industrial. The property to be rezoned is Flour Bluff Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street. Planning Commission & Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to five (5) conditions. Attachments: (1) 0312 -01 Agenda Memo, Nueces Stone Quarry for 6 -12 -12 (2) 0312 -01 Zoning Report wAttachmts for CC, Nueces Stone (3) 0312 -01 Ordinance + Exhibit, Nueces Stone Quarry, LLC, CG -2 SP, FINAL Change of zoning from residential to residential with planned unit development overlay on property located at 4325 Cedar Pass Drive 35. 12 -00366 Case No. 0412 -01: Luxury Spec Homes Inc.: A change of zoning from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as Cedar Ridge Unit 1, Block 7, Lots 1B and 1 C, located to the southeast of Weber Road and east of Yorktown Boulevard. Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay subject to eight (8) conditions. Attachments: (1) 0412 -01 Agenda Memo Luxury Spec Homes Inc. (2) 0412 -01 Zoning Report w Attchmts, Luxury Spec Homes for CC (3) 0412 -01 Ordinance + Exhibits, Luxury Spec Homes Inc. FINAL for 6 -12 -12 Change of zoning from residential to light industrial on property located at 9149 State Highway 44 36. 12 -00345 Case No. 0412 -03: CBH Equity, LLC: A change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. The property to be rezoned is approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Corpus Christi Page 14 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 Abstract No. 988 in Nueces County, Texas. Planning Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. Attachments: (1) 0412 -03 Agenda Memo, CBH Equity, LLC, RS -6 to IL, FINAL rev (2) 0412 -03 Zoning Report for CC wAttchmts, FINAL (3) 0412 -03 Ordinance w Exhibit A, CBH Equity LLC, FINAL EMINENT DOMAIN ITEMS 37. 12 -00351 Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to tract of land referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, more specifically, for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. Attachments: Agenda Memo - Parcel 33a3b Eminent Domain Location Map - Parcel 3 Parcel List Resolution - Parcel 3 38. 12 -00353 Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to an Avigation and Hazard Easement referred to herein as Parcel 1 located in the area adjacent to State Highway 44, more specifically, for 7.80 acres being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. Attachments: Agenda Memo - Parcel 1 FINAL Eminent Domain Location Map - Eminent Domain Avigation.pdf Parcel List - Eminent Domain Avigation.pdf Resolution - Eminent Domain Avigation.pdf Award of construction contract for rehabilitation of wastewater lift stations 39. 12 -00329 Motion authorizing the City Manager, or designee, to execute a construction contract with J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Base Bid of the Rehabilitation of Lift Stations Corpus Christi Page 15 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 FY 2011 Project as follows: - Everhart and Staples Lift Station - Padre Island Section 4 Lift Station Attachments: Agenda Memo - Rehab of Lift Stations Project Budget - Rehab of Lift Station Location Map - Lift Station Rehab 2011.pdf Presentation - Rehab of Lift Stations Agreement with FEMA regarding the City's levee system 40. 12 -00312 Resolution authorizing the City Manager, or designee, to execute a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. Attachments: Agenda memo - FEMA Location Map - C. C. Flood Protection System.pdf Resolution - C. C. Flood Protection System.pdf Letter from FEMA dated March 2, 2012 - C. C. Flood Protection System.pdf PowerPoint - FEMA PAL Agreement Type A Grant to provide business incentives for Motorglobe project 41. 12 -00284 Ordinance appropriating $125,000 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 ("Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency Attachments: Agenda memo - Motorglobe ORDINANCE - Motorglobe 42. 12 -00269 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ("Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average 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 Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs Corpus Christi Page 16 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 Attachments: Agenda memo - Motorglobe RESOLUTION - Motorglobe Business Incentive Agreement - Motorglobe Business Project Support Agreement - Motorglobe Type A grant to fund expansion of Del Mar College commercial drivers license training program 43. 12 -00290 Ordinance appropriating $750,000 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 ("Type A Corporation ") to Del Mar College Foundation ("Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency Attachments: Agenda Memo - Del Mar Transportation Training Program ORDINANCE - Del Mar Transportation Training Program 44. 12 -00291 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ("Type A Corporation ") and Del Mar College Foundation ("Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs Attachments: Agenda Memo - Del Mar Transportation Training Program RESOLUTION - Del Mar Transportation Training Program Business Incentive Agreement - Del Mar Transportatin Training Program Business Project Support Agreement - Del Mar Transportation Training Program Amendment to Financial Policies 45. 12 -00358 Resolution amending Financial Policies adopted by Resolution 029128 and providing Financial Policy direction on preparation of the Annual Budgets. Attachments: AgendaMemo.FinancialPolicy Financial Policies Resolution Redlined Financial Policies for FY 2012 -2013 CLEAN VERSION May 24 PowerPoint - FINANCIAL POLICY OVERVIEW UPDATES TO CITY COUNCIL Corpus Christi Page 17 Printed on 5/25/2012 City Council Meeting Agenda - Final May 29, 2012 46. 12 -00365 Update on Plastic Bag Initiative Attachments: Agenda memo - Plastic Baq Initiative PowerPoint - Plastic Bag Recommendations May 2012 47. 12 -00341 2012 Parks, Recreation, and Open Space Master Plan Attachments: Agenda Item - Parks Master Plan Presentation 5- 2012.docx PowerPoint - Parks Master Plan 48. 12 -00368 Proposed FY 2012 -2013 Operating Budget: General Overview Attachments: Agenda memo - Budget Overview PowerPoint - Budget Overview O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 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. P. CITY MANAGER'S COMMENTS: Update on City Operations Q. ADJOURNMENT Corpus Christi Page 18 Printed on 5/25/2012 Corpus Christi Meeting Minutes - Draft City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, May 22, 2012 12:00 PM Council Chambers A. Proclamations Mayor Adame presented the following recognition: Presentation to Mr. John Taylor's family in honor of his civic contributions and dedicated service to Corpus Christi and the Coastal Bend Community. B. Call meeting to order. Mayor Adame called the meeting to order. Present: 8 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley AIIen,Council Member Larry Elizondo,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez, and Council Member Nelda Martinez Absent: 1 - Council Member Mark Scott C. Invocation. The invocation was delivered by Deacon Michael Mantz, Diocese of Corpus Christi. D. Pledge of Allegiance. The Pledge was led by Council Member Kelley Allen. E. Roll call. City Secretary Chapa verified that the necessary quorum of the council and the required Charter officers were present to conduct the meeting: Councl Members Present: Joe Adame, Chris Adler, Kelley Allen, Larry Elizondo, Priscilla Leal, David Loeb, John Marez, and Nelda Martinez Council Members Absent: Mark Scott Charter Officers Present: City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa F. MINUTES: 1. Approval of Meeting Minutes - May 15, 2012. A motion was made by Council Member Martinez, second by Council Member Adler to approve the minutes as presented and passed with the following vote: Corpus Christi Page 1 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA Purchase of wastewater lift station replacement pumps 2. 3. Mayor Adame called for consideration of the Consent Agenda, Items 2 through 4. There were no comments and the remaining items were approved by one vote: Motion approving the purchase of six (6) Wastewater Lift Station Replacement Pumps from Xylem Water Solutions USA, Inc., Corpus Christi, Texas, in accordance with Bid Invitation No. BI- 0058 -12 based on lowest responsible bid in the amount of $137,505.34. Funds have been budgeted by the Wastewater Department Fund in FY 2011 -2012. The foregoing motion was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2012 -094 Approval of reimbursement agreement for proposed water improvements for proposed industrial development on Hwy 44 (Bronco Road) Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Commercial Metals Company, owner and developer of CMC Subdivision Lot 4A, located north of Hwy. 44 (Agnes St.) on Bronco Road for the extension of an 8 -inch and 12 -inch grid main line, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Corpus Christi Page 2 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 Abstained: 0 Enactment No: M2012 -095 Ordinance appropriating $415,070.00 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Commercial Metals Company, for the extension of a 12 -inch grid main line, including all related appurtenances for development of CMC Subdivision Lot 4A, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 Enactment No: Ord 029483 J. EXECUTIVE SESSION: 5. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from Schlitterbahn Waterpark 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. City Manager Olson announced that the executive session was being withdrawn. K. PUBLIC HEARINGS: (NONE) Schlitterbahn project Type A agreement and appropriation of funds Mayor Adame deviated from the agenda and referred to Item No. 11. Toby Futrell, Interim Assistant City Manager provided an overview of the Schlitterbahn Project and discussed the following: overall economic development strategy, public investment structure, proposed $552 million private investment, and the Chapter 380 agreement framework. Mayor Adame asked for comments from the audience and the following citizens spoke: Abel Alonzo thanked the City Manager and staff for their work on this project and stated that this is a "Community Project "; and Craig Lovington, spoke regarding a section of the agreement pertaining to using local contractors to also include health insurance, retirement, wages and Corpus Christi Page 3 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 11. benefits. Ordinance appropriating $5,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), to be paid to Schlitterbahn's general partner North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $5,000,000; and declaring an emergency An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 Enactment No: Ord 029486 12. Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), which provides a grant of up to $5,000,000, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Schlitterbahn Business Incentive Agreement for the creation and retention of jobs The foregoing resolution was passed and approved with the following vote: Corpus Christi Page 4 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 Enactment No: Res 029487 Schlitterbahn project economic development incentive agreement 13. Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP, and North Padre Waterpark Holdings, LTD, ( "Agreement ") for certain economic development grants up to approximately $112,116,878 to be paid to Upper Padre GP, Inc, general partner of Upper Padre Partners, LP, for development of a Schlitterbahn waterpark resort project together with certain public improvements by Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the benefit of the City The foregoing resolution was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 Enactment No Res 029488 L. REGULAR AGENDA Appropriation for emergency removal of storm debris 6. Mayor Adame asked for comments from the audience. There were no comments. Ordinance appropriating $500,000 from the unappropriated fund balance in the No. 1020 General Fund for the removal, mulching, and disposal of brush and debris which resulted from severe thunderstorms and wind that occurred May 10, 2012; changing the FY2011 -12 operating budget adopted by Ordinance 029155 by increasing appropriations by $500,000; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Corpus Christi Page 5 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 7. Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 Enactment No: Ord 029484 Contracts for construction, materials testing, and professional services for Staples Street Phase 1 improvements Mayor Adame referred to Items 7, 8 and 9. Mayor Adame asked for comments from the audience and the following citizens spoke: Eloy Salazar spoke about maintenance of city streets and in support of concrete; Rudy Garza spoke in support of concrete; and Abel Alonzo spoke in support of concrete. A motion was made by Council Member Marez, seconded by Council Member Leal to award the Base Bid and Alternate No. 1 (concrete), and passed with the following vote: Allen, Elizondo, Leal and Marez, voting "Aye "; Adame, Adler and Martinez, voting "Nay "; Loeb abstained; and Scott was absent. Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $6,530,816.95 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for Additive Alternate No. 1 (Bond 2008). The foregoing motion was passed and approved as amended with the following vote: Aye: 4 - Council Member Allen, Council Member Elizondo, Council Member Leal and Council Member Marez Nay: 3 - Mayor Adame, Council Member Adler and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 1 - Council Member Loeb Enactment No: M2012 -096 Motion authorizing the City Manager, or designee, to execute a Construction Materials Testing with Tolunay -Wong Engineers, Inc of Corpus Christi, Texas in the amount of $89,400.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008). The foregoing motion was passed and approved with the following vote: Aye: 4 - Council Member Allen, Council Member Elizondo, Council Member Leal and Council Member Marez Nay: 3 - Mayor Adame, Council Member Adler and Council Member Martinez Absent: 1 - Council Member Scott Corpus Christi Page 6 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 9. Abstained: 1 - Council Member Loeb Enactment No: M2012 -097 Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to a Contract for Professional Services with LNV Engineering, Inc of Corpus Christi, Texas in the amount of $98,560.00 for a restated fee of $1,043,795.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for Construction Inspection Services (Bond 2008). The foregoing motion was passed and approved with the following vote: Aye: 5 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal and Council Member Marez Nay: 2 - MayorAdame and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 1 - Council Member Loeb Enactment No: M2012 -098 Resolution regarding use of remaining proceeds from Bond 2008 MayorAdame referred to Item No. 10. MayorAdame asked for comments from the audience. There were no comments. 10. Resolution Supporting the Use and Commitment of Necessary Funding of any Remaining Bond 2008 - Street Proceeds to fund additional projects requested by the City Council. The foregoing resolution was passed and approved with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 Enactment No: Res 029485 M. FIRST READING ORDINANCES (NONE) N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL MayorAdame referred to the Future Agenda section of the agenda, Items 14 and 15. MayorAdame stated that these items are for informational purposes only and that no action or public comments would be taken at this item. Staff provided a presentation on Items 14 and 15. Corpus Christi Page 7 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 Type A grant for investment and expansion of a cycle business in downtown Corpus Christi 14. Ordinance appropriating $200,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Plant Bikes LLC ( "Rugged Cycles ") for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $200,000; and declaring an emergency This emergency ordinance was recommended by staff to the consent agenda. 15. Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), which provides a grant of up to $200,000 for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Rugged Cycles Business Incentive Agreement for the creation and retention of jobs. This resolution was recommended by staff to the consent agenda. O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. Mayor Adame referred to the Public Comment section of the agenda and the following citizens spoke: Carolyn Moon spoke in favor of a fee for reuseable bags. P. CITY MANAGER'S COMMENTS: Update on City Operations City Manager Olson provided an update on the preparation of the City Budget for next Fiscal Year; Street Maintenance Use Fee; announced the appointment of Wesley Pierson was appointed Assistant City Manager and will begin employment on June 11, 2012; interview process is ongoing for the Director of Intergovernmental Relations; interviews are scheduled for the Director of Engineering in 2 weeks; the Municipal Court Administrator was readvertised and applications are due June 4th; staff is finalizing a Bond 2012 evaluation and will be scheduled for council discussion in June; and the deadline for the Corpus Christi Page 8 Printed on 5/24/2012 City Council Meeting Minutes - Draft May 22, 2012 Fire FactfFinding Report is today. Q. ADJOURNMENT Mayor Adame adjourned the meeting at 2:00 pm. Corpus Christi Page 9 Printed on 5/24/2012 AGENDA MEMORANDUM for the City Council Meeting of May 22, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Type A Grant for Plant Bikes dba Rugged Cycles CAPTION: A) Ordinance appropriating $200,000 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 ( "Type A Corporation ") to Plant Bikes LLC ( "Rugged Cycles ") for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $200,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), which provides a grant of up to $200,000 for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Rugged Cycles Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund Rugged Cycles investment and expansion of their headquarters in downtown Corpus Christi. BACKGROUND AND FINDINGS: Rugged Cycles is a home grown small business that offers a chainless and airless tire bicycle for lease to large entities such as colleges or large industrial plants. Rugged Cycles will locate their headquarters here in downtown Corpus Christi. They will purchase their current building and create /retain 25 employees. This was approved by the Type A Board on April 16, 2012. ALTERNATIVES: The company will not invest enough for a tax abatement. The Type A fund is the only incentive that they are eligible for. OTHER CONSIDERATIONS: They are looking at where to locate their headquarters. They have just signed an agreement with Texas A &M University to supply bicycles to their College Station campus. 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: Budget Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Other ❑ 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 50,000 150,000 200,000 BALANCE 50,000 150,000 200,000 Fund(s): Type A Funds RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Plant Bikes for $200,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Page 1 of 2 Ordinance Appropriating $200,000 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 ( "Type A Corporation ") to Plant Bikes LLC ( "Rugged Cycles ") for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs; Changing the FY 2011- 2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $200,000; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $200,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Rugged Cycles for building improvements to expand their current location in Corpus Christi 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 $200,000 for a business incentive grant from the Type A Corporation to Rugged Cycles for building improvements to expand their current location in Corpus Christi 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 0002 2 afc216de- ad0f- 44cc- 850d- 8065edcal c7f Joe Adame Mayor 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 0002 2 afc216de- ad0f- 44cc- 850d- 8065edcal c7f AGENDA MEMORANDUM for the City Council Meeting of May 22, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Type A Grant for Plant Bikes dba Rugged Cycles CAPTION: A) Ordinance appropriating $200,000 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 ( "Type A Corporation ") to Plant Bikes LLC ( "Rugged Cycles ") for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $200,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), which provides a grant of up to $200,000 for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Rugged Cycles Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund Rugged Cycles investment and expansion of their headquarters in downtown Corpus Christi. BACKGROUND AND FINDINGS: Rugged Cycles is a home grown small business that offers a chainless and airless tire bicycle for lease to large entities such as colleges or large industrial plants. Rugged Cycles will locate their headquarters here in downtown Corpus Christi. They will purchase their current building and create /retain 25 employees. This was approved by the Type A Board on April 16, 2012. ALTERNATIVES: The company will not invest enough for a tax abatement. The Type A fund is the only incentive that they are eligible for. OTHER CONSIDERATIONS: They are looking at where to locate their headquarters. They have just signed an agreement with Texas A &M University to supply bicycles to their College Station campus. 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: Budget Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Other ❑ 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 50,000 150,000 200,000 BALANCE 50,000 150,000 200,000 Fund(s): Type A Funds RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Plant Bikes for $200,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement 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 ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), which provides a grant of up to $200,000 for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Rugged Cycles Business Incentive Agreement for the creation and retention of jobs WHEREAS, the 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 Rugged Cycles for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, will best satisfy this goal; WHEREAS, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs between the Type A Corporation and Rugged Cycles; 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 Rugged Cycles. 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 Rugged Cycles for the creation and retention of jobs, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Rugged Cycles, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. 0003_2_d31 74edf- 8a59- 4b0b- 8d16- dc8df6eb746a Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0003_2_d31 74edf- 8a59- 4b0b- 8d16- dc8df6eb746a Joe Adame Mayor 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. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0003_2_d31 74edf- 8a59- 4b0b- 8d16- dc8df6eb746a BUSINESS INCENTIVE AGREEMENT BE EEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND PLANT BIKES, LLC FOR THE RETENTION AND CREATION 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 Plant Bikes LLC ("Rugged Cycles"), a Texas for profit limited liability 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 ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board, on November 9, 2010, 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 November 9, 2010; 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 Page 1 of 9 Business Incentive Agreement Rugged Cycles.docx Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, Rugged Cycles has their headquarters located here and they assemble bicycles here. They lease these out to large companies and colleges for their employees and/or students; WHEREAS, Rugged Cycles proposes to invest approximately $1.2 million over a two 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 Rugged Cycles, through this Agreement with Rugged Cycles, to be used by Rugged Cycles to expand their current location and will result in creation of up to 3 new full-time permanent jobs in the City of Corpus Christi and the retention of 12existing full-time jobs with an estimated annual average salary of $47,000, and 10 existing part-time jobs. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Rugged Cycles 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 eight 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 defined in the Type A Guidelines. c. Rugged Cycles agrees to confirm and document to the Corporation that the minimum number & jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. d. Rugged Cycles 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. Page 2 of 9 Business Incentive Agreement Rugged Cycies.docx e. Rugged Cycles shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Buy Local Provision. a. Rugged Cycles 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. Rugged Cycles warrants and represents to Corporation the following: a. Rugged Cycles 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. Rugged Cycles has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Rugged Cycles 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. Rugged Cycles 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 Rugged Cycles are duly authorized to execute this Agreement on behalf of Rugged Cycles. 7. Compliance with Laws. Rugged Cycles shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Rugged Cycles covenants and agrees that Rugged Cycles 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. Page 3 of 9 Business Incentive Agreement Rugged Cycles.docx 9. Force Majeure. If the Corporation or Rugged Cycles 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 Rugged Cycles are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Rugged Cycles 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. Rugged Cycles covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemniteee) 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 Rugged Cycles 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. Rugged Cycles 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 Rugged Cycles. The following events constitute a default of this Agreement by Rugged Cycles: a. The Corporation or City determines that any representation or warranty on behalf of Rugged Cycles 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; Page 4 of 9 Business Incentive Agreement Rugged CyclesAncx b. Any judgment is assessed against Rugged Cycles or any attachment or other levy against the property of Rugged Cycles with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Rugged Cycles makes an assignment for the benefit of creditors. d. Rugged Cycles files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Rugged Cycles become delinquent, and Rugged Cycles fails to timely and properly follow the legal procedures for protest or contest. f. Rugged Cycles 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 Rugged Cycles is in default according to the terms of this Agreement, the Corporation or City shall notify Rugged Cycles in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Rugged Cycles to cure the event of default. 14. Results of Uncured Default by Rugged Cycles. 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 Rugged Cycles, 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. Rugged Cycles shall immediately repay all funds paid by Corporation to them under this Agreement. b. Rugged Cycles 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 Rugged Cycles of all sums due, the Corporation and Rugged Cycles shall have no further obligations to one another under this Ag reement. d. Neither the City, the Corporation, nor Rugged Cycles 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 Page 5 of 9 Business Incentive Agreement Rugged Cycles.docx other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Rugged Cycles default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Rugged Cycles is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Rugged Cycles specifically agrees that Corporation shall only be liable to Rugged Cycles for the actual amount of the money grants to be conveyed to Rugged Cycles, and shall not be liable to Rugged Cycles 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 Rugged Cycles 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: Rugged Cycles: Rugged Cycles Attn: Vince Denais 401 South Water Street Corpus Christi, Texas 78401 Page 6 of 9 Business Incentive Agreement Rugged Cyclesidocx Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 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 Rugged Cycles 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, Page 7 of Business Incentive Agreement Rugged Cycles_docx paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Rugged Cycles. 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: day of ,2012. Charlotte Yochem Assistant City Attorney For City Attorney Page 8 of 9 Business Incentive Agreement Rugged Cycles.docx Plant Bikes, LLC By: Vince Denais President Date: 5/2.4 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on, 2012, by Vince Denais, President, for Rugged Cycles, a for profit im d liability corporation, on behalf of the Plant Bikes, LLC. Business Incentive Agreement Rugged Cycles,docx Page 9 of 9 MARY JANE YRARS Notary Public STATE OF TEXAS My Comm. Exp. 11.13 -2012 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Rugged Cycles shall purchase their current location at 401 S Water Street, Corpus Christi, Texas and invest at least $12 million to expand their current location over a two year term. Rugged Cycles shall further, over the term of this Agreement, retain 11 full- time and 8 part-time jobs and create up to 3 new full-time, with an average annual salary of $47,000 for a full-time job and $30,000 for a part-time job as described in the schedule below. Year Number of New Jobs a. 1 Number of Retained Jobs Full/Part Time) 12/10 Annual Payroll 911,000 13/10 14/10 15/10 15/10 972,000 Capital Investment 200,000 1,000,000 1,093,000 1,154,000 1,154,000 The first incentive payment of $50,000 is due within 60 days of when Rugged Cycles closes on their current property as evidenced by the executed closing papers and they have entered into an agreement with Texas A&M University to supply the College Station campus with bicycles as evidenced by a signed agreement, b. The rest of the grant ($150,000) will be paid out within 60 days of the anniversary day, not to exceed $50,000 per year and a cumulative total of $150,000 over three years. 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% then there is no payment for that year. By way of example only: assume a partial Cash Incentive payment is required in the second 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 $120,000 or 80% of the Cash Incentive is being given premised on A-1 Business Incentive Agreement Rugged Cycies.docx the payroll requirements of this Agreement and $30,000 or 20% is attributable to the capital investment requirements. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: 2th year: $972,000 2th year actual: $875,000 Percent of Total: 90% Reduced Cash Incentive calculation: 80% x 90% x $50,000 = $36,000 Total Cash Incentive Annual investment commitment: 2th year: $1,000,000 2th year actual: $1,000,000 Percent of Total: 100% Economic Incentive Calculation: 100% X 20% X $50,000 = $10,000 $36,000 4- $10,000 = $46,000 In the 2nd year, the Company would receive a reduced Cash Incentive of $46,000 from the Corporation for not meeting the performance goals for annual payroll requirements. 2. The Corporation will award a grant to Rugged Cycles based on the formula above, payable not later than 90 days after the anniversary of closing on the building of each year if Rugged Cycles 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"). A-2 Business incentive Agreement Rugged Cycles,docx BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Plant Bikes, LLC ( "Rugged Cycles ") has submitted a proposal to the Type A Corporation for a $200,000 grant for locating their headquarters in Corpus Christi; WHEREAS, the Type A Corporation and Rugged Cycles have executed a business incentive project agreement for the creation of jobs related to Rugged Cycles locating their headquarters in Corpus Christi. Page 1 of 3 0003 4 bd17464a- a164- 47be- ae76- 12e20428beb5 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 of Jobs between the Type A Corporation and Motorglobe related to Motorglobe locating their headquarters in Corpus Christi ( "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, 2013. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not Page 2 of 3 0003 4 bd17464a- a164- 47be- ae76- 12e20428beb5 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 FORM: day of , 2012. Charlotte Yochem Assistant City Attorney For City Attorney Page 3 of 3 0003 4 bd17464a- a164- 47be- ae76- 12e20428beb5 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: May 29, 2012 Agenda Item: Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), which provides a grant of up to $200,000 for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Rugged Cycles Business Incentive Agreement for the creation and retention of jobs Amount Required: $200,000 Fund Name Account No. Fund No. Org. No. Project No. Amount CCBJDC 530000 1140 15010 $200,000 Total $200,000 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: April 26, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn@cctexas.com (361) 826-3781 Public Hearing and Ordinance amending ordinance No. 025197, by removing the "HC -I" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the Unified Development Code ( "UDC ") as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park; 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 CAPTION: Ordinance amending ordinance No. 025197, by removing the "HC -I" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the Unified Development Code ( "UDC ") as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park; 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. PURPOSE: An amendment to the Zoning Map of the Unified Development Code to remove the ( -H) Historic Overlay for Oak Park United Methodist Church located at 878 Oak Park Avenue. BACKGROUND AND FINDINGS: In early 2011, Oak Park United Methodist Church suffered a catastrophic fire which damaged a vast majority of the building including the main sanctuary. The property is currently zoned "RS -6 /H" Single - Family Residential 6 District with a Historic Overlay. Due to the regulations of the Unified Development Code (UDC) the structure cannot be demolished until the ( -H) Historic Overlay has been removed. To date, the Methodist church has worked to correct ownership issued to streamline the process and now only requires the removal of the ( -H) Historic District to commence with formal demolition of the hazardous structure. ALTERNATIVES: Denial of the removal of the ( -H) Historic Overlay. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: In conformity with the requirements of Section 3.4.2.E of the Unified Development Code to remove a historic designation. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Landmark Commission: On March 22, the Landmark Commission approved the removal of the ( -H) Historic Overlay. Planning Commission: The Planning Commission is scheduled to meet on May 9th to discuss this item. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ 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 RECOMMENDATION: Planning Staff recommends removal of the ( -H) Historic Overlay. LIST OF SUPPORTING DOCUMENTS: Ordinance Excerpt from Landmark Commission Minutes "OFFICIAL EXCERPT OF" APPROVED MINUTES CITY OF CORPUS CHRISTI "SPECIAL CALLED" LANDMARK COMMISSION MEETING CITY COUNCIL CHAMBERS FEBRUARY 16, 2012 Recommend Approval to Rescind the "H" Historic Zoning Overlay (formerly "H" Historic Cultural) on the Oak Park United Methodist Church located at 878 Oak Park Avenue & Removal of the Church from the Historical Listing to Allow Demolition: Mr. Andrew Dimas, Staff Liaison, addressed the commission. Mr. Dimas stated the commission discussed this item at the January 26, 2012 meeting, but no action was taken because there was not a quorum. The item was placed back on today's agenda so the commission could take action to remove the "H" designation; which would allow demolition of the structure. Mr. Dimas provided brief information for benefit of new commissioners. Mr. Dimas stated the commission was requested to remove the "H" designation from the Oak Park Methodist Church and from the historical listing to allow demolition of the building due to extensive fire damage. Mr. Dimas continued that this property has a base zoning of "RS -6" Single - Family 6 District. Several photographs were shown of the exterior and inside the sanctuary of the Oak Park Church when the designation was previously approved. Mr. Dimas continued the "H" designation protected the property and demolition cannot take place until the "H" overlay was removed. Mr. Dimas went on to say that when the contractor came to Development Services Department to pull a demolition permit, the permit was not issued because of the "H" designation and the address was flagged in the database. Mr. Dimas stated that Mr. David Lewis, Board Member of the United Methodist Church Conference, was at the January meeting to answer questions. Mr. Dimas continued that fortunately, the recommendation to remove the "H" designation will not have to go through the Planning Commission, but it would be directly forwarded to City Council for action; which would minimize time delays. Mr. Dimas stated that at the January meeting, it was a consensus of members present that the "H" designation be removed. After a brief discussion, the following action was taken: MOTION WAS MADE BY MR. MORRISON AND SECONDED BY MR. OLSON THAT THE LANDMARK COMMISSION APPROVE REMOVING THE "H" DESIGNATION FROM THE OAK PARK UNITED METHODIST CHURCH AND ITS REMOVAL FROM THE HISTORICAL LISTING TO ALLOW DEMOLITION OF THE CHURCH. MOTION PASSED. Ordinance amending ordinance No. 025197, by removing the "HC -I" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the Unified Development Code ( "UDC ") as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park; 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, Oak Park United Methodist Church, located at 878 Oak Park Avenue, suffered a catastrophic fire which damaged the building and main sanctuary. Oak Park United Methodist Church desires to demolish the remaining structures. The UDC requires the removal of the "HC -1" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the UDC as "H" Historic District as established by the UDC, to allow for the demolition of the hazardous remaining structures. WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City of Council its reports and recommendations concerning the amending of ordinance No. 025197, attached as Exhibit A. WHEREAS, with proper notice to the public, public hearings were held on Thursday, March 22, 2012, during a meeting of the Landmark Commission, and on Wednesday, May 9, 2012, during a meeting of the Planning Commission, and on Tuesday, May 22, 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 Ordinance No. 025197 is amended by removing the "HC -1" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the UDC as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park, located on the southeast corner of Oak Park Avenue and Muller Street therein changing the zoning from that formally known as "R-1B/HC-I" One - Family Dwelling District with Historical - Cultural Landmark Preservation Overlay, currently referenced in the UDC as "RS -6 /H" Single - Family Residential 6 District with Historic Overlay, to "RS -6" Single - Family Residential 6 District. 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. Page 2 of 3 SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and /or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi K: \Legal \SHARED \LEGAL- DEV.SVCS\2012 Agenda & NonAgenda\2012 AGENDA ITEMS \Oak Park\Amending Ord.Oak Park United Methodist Church.DWBFinal.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: \Legal \SHARED \LEGAL- DEV.SVCS\2012 Agenda & NonAgenda\2012 AGENDA ITEMS \Oak Park\Amending Ord.Oak Park United Methodist Church.DWBFinal.doc Oak Park United Methodist Church Exhibit A Landmark Commission, Planning Commission & Staff Recommendation From: "RS -6 /H" Single- family 6 District with a ( -H) Historic Overlay To: "RS -6" Single- family 6 District Ordinance No. AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn@cctexas.com (361) 826-3781 Urban Transportation Plan Amendment for realignment of Aquarius Street CAPTION: Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: An amendment to the Urban Transportation Plan for the extension of Aquarius Street. BACKGROUND AND FINDINGS: The alignment of Aquarius Street has been proposed to deviate from the current adopted Urban Transportation Plan. The proposed realignment would extend the existing Aquarius Drive dead - end at Dasmarinas Drive, north eastward of its current location to connect with Commodores Drive across from Fire Station 15. See Figure 3. The proposed realignment will allow for circulation as intended by directing traffic from the neighborhood to Commodores Drive and connection with Park Road 22. The purpose of a collector street is to direct traffic to the arterial street system with minimal disruption to areas of low density. The proposed connection will reduce increases in traffic along a portion of Commodores Drive compared with the existing adopted alignment. The proposed alignment will allow for more direct emergency response, particularly from Fire State 15, to neighborhoods on either side of Whitecap Boulevard. ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: An amendment to an existing plan. EMERGENCY / NON - EMERGENCY: Staff is requesting a non - emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On January 23, the Transportation Advisory Committee recommended approval of the amendment to the Urban Transportation Plan. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ 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 RECOMMENDATION: Planning Staff recommends approval of the amendment to the Urban Transportation Plan in accordance with the recommendations of the Planning Commission and the Transportation Advisory Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Padre Island Area, Aquarius Street Transportation Advisory Committee, January 23, 2012: 2. Discussion of Aquarius Street Alignment with Possible Action Taken: Mr. Cardenas said this is a follow up from another item that was previously discussed by this committee. Mr. Cardenas said Mr. Bob Payne would discuss the proposed alignment of Aquarius St. Mr. Payne said this plan is a little behind and we need to keep our plans updated and consistent with what we are going to construct. The idea here is to go to the Planning Commission and City Council as soon as we are able. Ms. Beard asked if the funds for this are from a previous bond issue. Mr. Payne responded that he is not totally up on the funding but that is what he understands. Mr. Payne showed and explained an aerial of the proposed realignment. He said the proposed realignment will allow for circulation as intended by directing traffic from the neighborhood to Commodores Dr. and connection with Park Rd. 22. The purpose of a collector street is to direct traffic to the arterial street system with minimal disruption to areas of low density. Mr. Payne said the proposed connection will reduce increases in traffic along a portion of Commodores Dr. compared with the existing adopted alignment. The proposed alignment will allow for more direct emergency response, particularly from Fire Station 15, to neighborhoods on either side of Whitecap Blvd. The proposed alignment is consistent with the preliminary designs for the proposed Schlitterbahn Water Park/Resort Development. He said this is something that is going to happen and we are updating maintenance on one of the plans. He asked the committee to recommend approval; therefore, they can move forward with this. Mr. Payne said if the committee would like to take action on this today, please do so, if not then it can wait. Planning Commission, March 28, 2012: Aquarius Street: Mr. Payne stated the realignment of Aquarius Street has been proposed to deviate from the current adopted Urban Transportation Plan and would extend the existing Aquarius Street dead -end at Dasmarinas Drive, north eastward of its current location to connect with Commodores Drive across from Fire Station 15. Mr. Payne stated the realignment would be done according to the City Council approved construction plans. Mr. Payne continued that the proposed amendment was presented to the Traffic Advisory Committee (TAC) at their January 23, 2012 meeting and it was approved. Mr. Payne continued that Staff recommended approval of the amendment. Vice Chairman Huerta stated from the TAC's standpoint, would the realignment affect their flow of traffic and Mr. Payne responded that the flow of traffic would go directly to Whitecap Boulevard. Extending the street would allow high speed traffic, the area would be impacted less to speed traffic and fire protection would be enhanced because of quicker response time. Vice Chairman Huerta stated that Staff needed to make sure the realignment met all guidelines. Mr. Pete Anaya, Planning Director, addressed the commission. Mr. Anaya stated the long -term impact on the area was that Aquarius Street will dead -end at the canal. Commissioner Castillo asked if the area had been platted and Mr. Anaya answered yes and the old alignment was vacated. Mr. Anaya continued that with the new realignment, the property was also platted. After Mr. Anaya's comments concluded, the public hearing was opened. After all comments and discussion concluded, the public hearing was closed and Chairman Garza called for a motion. Motion to approve the proposed realignment of Aquarius Street as an amendment to the Urban Transportation was made by Commissioner Tamez and seconded by Vice Chairman Huerta. Motion passed with Commissioner Nadkarni absent. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. Whereas, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Plan, during which all interested persons were allowed to appear and be heard; Whereas, the City Council has determined that these amendments 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 Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), is amended by providing for realignment of Aquarius Street, as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. Section 6. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor Aquarius Street Exhibit A Portions of Aquarius St. to be deleted from the Plan Commodores Drive z • H .?a6 1 ■ � New Alignment of Aquarius Street Aquarius Street Park Road 22 /SPID AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: May 9, 2012 Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn@cctexas.com (361) 826-3781 Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by realigning the extension of Martin Street and, designation of Dorado Street and a portion of Hacala Street to a C -1 Collector. CAPTION: Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for realignment and the extension of Martin Street to parallel State Highway 286 and connect with a future east west collector; providing for the designation of Dorado Street as a C -1 Collector, and designation of Hacala Street as a C -1 Collector, between Dorado and Frio Streets; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: These amendments address concerns raised by a developer concerning a conflict between a proposed Cottage District development and the future extension of Martin Street. BACKGROUND AND FINDINGS: The current adopted plan, if implemented would require Martin Street to cut across a proposed cottage district development. The proposed Cottage District development overall site plan is attached. Working with the developer, staff was able to identify an alternative collector street network that would allow for connectivity and the proposed cottage district housing. Therefore, Dorado Street and a portion of Hacala Street (between Frio and Dorado Streets) are proposed to be designated as C -1 Collectors. In addition, Martin Street is proposed to be shown on the Urban Transportation Plan as a C -1 Collector to be extended parallel with State Highway 286 (Crosstown Expressway). Designation of Dorado and Hacala Streets as C -1 Collectors will serve the internal circulation needs of the expanding neighborhood. The extension of Martin Street as a parallel collector street to State Highway 286 will help to control congestion near the State Highway 286 and provide neighborhood access to future higher intensity uses next to the highway. The Developer agrees with the staff recommendation. ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: An amendment to an existing plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On February 27, the Transportation Advisory Committee recommended approval of the amendment to the Urban Transportation Plan. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ 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 RECOMMENDATION: Planning Staff recommends approval of an amendment to the Urban Transportation Plan by: 1. Designating Dorado Street a C -1 Collector and, Hacala Street, between Dorado and Frio Streets, as a C -1, Collector street; and 2. Realignment and extension of Martin Street as a C -1 Collector Street parallel to State Highway 286 to the proposed east -west collector to the south. LIST OF SUPPORTING DOCUMENTS: Cottage District Site Plan Ordinance Transportation Advisory Committee Minutes Planning Commission Minutes Cottage District Site Plan Current Plan Hacala St. --- Dorade irst aN F LOS E:NCLNOS SCHOOL. 5 ACRES 150 COTTA N 5 CLUS° Martin St. KENTUCKY DERBY BOHEMIAN COLONYELANDS SCFIEMAT1C STUDY 6 rev. 3 -(3 -2012 *ADVANCED HOUSING ALTERNATIVES CORPORATION LARRY MONEY, ARCHITEC Ia13yrnvney5@gma l.cnm Sa41 816 -1.195 Proposed Plan Change COLON COTTAGES LOS ENCNOS SCHOOL KENTUCKY DERBY DRjVE. o so iw x; BOHEMIAN COLONYILANDS SCHEMATIC STUDY 6 rev. 3- 6 -.2012 *.ADVANCED FIOUS$NG ALTERNATIVES CORPORATION LARRY MONEY, ARCHITE .. 1al4yr.ncm y5 gmai1com 361 816-1 195 The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Westside Area Proposed Martin Street Extension Transportation Advisory Committee, February 27, 2012: 2. Discussion of Proposed Extension of Martin Street as a Collector with Possible Action Taken: Mr. Cardenas said this is also an amendment to the Urban Transportation Plan. He said Ms. Annika Gunning and Mr. Bob Payne with the Planning Department will be presenting this item. Mr. Payne presented a map of the proposed area. He said the alignment of Martin St. to Frio St. has been proposed to deviate from the current adopted Urban Transportation Plan. Mr. Payne stated that Martin St. should be extended to give us the connectivity we are looking for. He said this promotes smart growth principles, walking to your community or walking to schools in this neighborhood. Mr. Payne said extending Martin St. along this line would be beneficial to getting people to the school. Ms. Beard inquired what would be the reason not to extend Martin St. Mr. Payne stated that he does not think of a good reason not to extend Martin St. The committee agreed to approve the extension of Martin St. Planning Commission, March 28, 2012: Martin Street Extension as a Collector: Mr. Payne showed an aerial view showing continuation of Martin Street to the Crosstown Freeway (SH 286). Mr. Payne stated the proposed realignment of Martin Street to Frio Street would realign the designated collector street to turn onto Dorado Street, then Hacala Street and finally onto Frio Street. The street was also proposed to be extended as a collector. Mr. Payne continued the proposed realignment would allow for circulation by directing traffic from Martin Street and without impacting a proposed "cottage development." Mr. Payne continued that it was also proposed that Martin Street be extended to provide circulation within the neighborhood to properties abutting State Highway 286; which would allow access to commercial businesses on the freeway without having to take a more circuitous route to Holly Road or Saratoga Boulevard. Mr. Payne stated Staff's recommendations were approved by the Transportation Advisory Board and also by the developer. After Mr. Payne's presentation, the floor was opened for discussion by commissioners. Commissioner Castillo asked if this property was located in the AICUZ and Mr. Payne responded that the property was in close proximity, but it was not actually in the AICUZ. Vice Chairman Huerta asked if Martin Street, as a collector, if there would be an issue having a 90- degree turn and Mr. Payne responded that the turn should not be an issue. Mr. Payne continued that Staff felt this was a reasonable change to the Transportation Plan. Commissioner Castillo asked if the land owner had been notified of what was proposed and that with this proposal to extend Martin Street, he would lose some of his property to street right -of -way and Mr. Payne answered that Staff had not met with the property owner. Commissioner Castillo stated, as a courtesy, Staff should let them know what was happening and that he would be losing part of his property for street right -of -way. Commissioner Castillo continued he completely agreed with the concept, but as a courtesy, the owner should be notified. After further comments and discussion concluded, the public hearing was opened. George Hodge, 6530 Maximus Drive, addressed the commission. Mr. Hodge stated that as one of the developers on the cottage housing development in the neighborhood, they were aware of the proposed extension of Martin Street and felt it would increase the safety factor in the neighborhood. Mr. Hodge continued the corporation constructing the "cottage housing development" was non - profit and he was requesting any assistance the City could provide in funding the project. Mr. Hodge stated with the proposed extension, there should not be any delays to their project. Mr. Hodge continued he was excited to be part of a corporation that provided affordable housing within the area. Chairman Garza told Mr. Hodge they did a great job on the Oak Park Cottage Housing development and it was a needed addition to the neighborhood. After all comments concluded, the public hearing was closed. Chairman Garza called for a motion. Motion to approve designating Hacala Street (between Dorado and Frio Streets) and Dorado Street with a C -1, Collector Street designation and extend Martin Street as a C -1 Collector Street parallel to State Highway 286 to the proposed east/west collector was made by Commissioner Tamez and seconded by Commissioner Kelly. Motion carried with Commissioner Nadkarni absent. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for realignment and the extension of Martin Street to parallel State Highway 286 and connect with a future east west collector; providing for the designation of Dorado Street as a C -1 Collector, and designation of Hacala Street as a C -1 Collector, between Dorado and Frio Streets; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. Whereas, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Plan, during which all interested persons were allowed to appear and be heard; Whereas, the City Council has determined that these amendments 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 Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), is amended by providing for realignment and the extension of Martin Street to parallel State Highway 286 and connect with a future east west collector; providing for the designation of Dorado Street as a C -1 collector; and providing for designation of Hacala Street as a C -1 collector, between Dorado and Frio Streets, all as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. If any section, paragraph, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. Section 6. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor Exhibit A Martin Street Realignment and Designation of C -1 Collector Streets - Dorado Street and, Hacala Street between Dorado and Frio Streets Designate Hacala Street a C -1 Collector, between Dorado Street and Frio Street _ Designate Dorado Street a C -1 Collector Realign Martin Street, a C -1 Collector to be extended parallel to State Hwy 286 and connect with a future collector east -west collector Crosstown Expressway State Hwy 286 AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn@cctexas.com (361) 826-3781 Public Hearing to consider an Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. CAPTION: Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: To amend the Urban Transportation Plan Hike and Bike Trail System by designating Master Channel Ditch 27 a Hike and Bike Trail. BACKGROUND AND FINDINGS: The proposed designation would allow the maintenance access ways on both sides of Master Channel Ditch 27 to serve a dual purpose for ditch maintenance equipment access and for public trail access. Any improvements for the trail system on Master Channel Ditch 27 shall not conflict with Storm Water operations. If Master Channel Ditch 27 is illustrated on the adopted plan then park dedication funds obtained during the development process could be used to improve the trail system. ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: An amendment to an existing plan. EM ERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On March 26, the Transportation Advisory Committee recommended approval of the amendment to the Urban Transportation Plan. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ 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 RECOMMENDATION: Planning Staff recommends approval of the amendment to the Urban Transportation Plan in accordance with the recommendations of the Planning Commission and the Transportation Advisory Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance Transportation Advisory Committee Minutes Planning Commission Minutes The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Bike Path on Master Drainage Ditch 27 Transportation Advisory Committee, March 26, 2012: 1. Discussion with Possible Action of Master Ditch 27: Mr. Cardenas introduced Mr. Andrew Dimas with the Planning Dept. Mr. Dimas demonstrated an illustration of Master Ditch 27 to show the outlay of ditches in that area. He said they are working on an update for the master plan for hike and bike trails. The first step is taking in existing conditions. One of those first steps is inventory of the current master ditches to make sure all of them are on the current bike and hike trail map. This step incorporates it on the existing map that the MPO and the City have worked on together. Therefore, when creating a new master plan everything is included. Mr. Rock inquired when adding to a hike and bike trail are there any additional improvements. Mr. Dimas responded they are protecting what currently exists. For that reason, if it is concrete, it is making sure that any equipment being used by the Storm Water Department will not damage it. Some of the subcommittees with Bold Future have actually asked to preserve green space and not add any type of crushed granite or concrete because the cross - trainers like to use grass versus any type of impervious surface. Mr. Cardenas asked while the exhibit was being presented if the new high school is a definite. Mr. Dimas answered it is not a definite, but they do add it into the equation just in case it goes through and it is recognized in the plan. Mr. Cardenas inquired if the pedestrian and hike and bike portion of the Urban Transportation Plan be updated as well. Mr. Dimas responded yes this would be part of the master plan hike and bike trail. Mr. Cardenas questioned if this would be coming as a separate item for the hike and bike trail or would it all be tied into one. Mr. Dimas stated that it all be tied into one as an amendment to the current Urban Transportation Plan. Mr. Rock stated that Master Ditch 27 is along Brooke Rd. and this is not a well - developed road for biking and hiking. He said this was the intent of his earlier question about adding sidewalks and things like that. Mr. Dimas mentioned the idea with the master plan is putting it in the books now and when developers start plotting and constructing the roads, they would set aside those portions. Mr. Dimas said it is easier to define it now then try to retro fit later. a. Recommendation to Add Master Ditch 27 to Existing Hike and Bike Trail System on Both Sides of the Ditch with Possible Action Taken: Ms. Beard motioned to add the Master Ditch 27 to the Master Plan. Mr. Dudek seconded. Motion passed. b. Recommendation that Collector be Retained on the Plan with Possible Action Taken: Mr. Jacobi motioned to stand with committee's previous motion that the proposed right -of -way be removed. Mr. Dudek seconded. Motion passed. Planning Commission, March 28, 2012: Master Ditch 27: Mr. Payne stated that it has been proposed to add Master Ditch 27 to the existing Hike and Bike Trail System illustrated in the Urban Transportation Plan. Mr. Payne continued that in the future, the major drainage systems for the city will be incorporated in the Hike and Bike Master Plan set to be completed in late 2012. Mr. Payne stated the proposed designations would allow drainage systems to be incorporated into existing and future plans. Current infrastructure would only require maintenance as already scheduled and any improvements set forth because of the Hike and Bike Master Plan will designed according to Storm Water operations. Mr. Payne concluded that Staff recommended adding Master Ditch 27 to the existing Hike and Bike Trail System for a future trail system on both sides of the ditch. After Mr. Payne's presentation concluded, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Garza called for a motion. A motion to approve adding Master Ditch 27 to the existing Hike and Bike Trail System for a future rail system on both sides of the ditch was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed with Commissioner Nadkarni absent. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. Whereas, the Planning Commission has forward to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Plan, during which all interested persons were allowed to appear and be heard; Whereas, the City Council has determined that these amendments 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 Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), is amended by adding Master Ditch 27 to the existing Bicycle and Pedestrian Plan Map, as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. Section 6. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney Master Channel Ditch 27 Exhibit A _CORPUS CHRISTI BICYCLE AND LJ PEDESTRIAN PLAN AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: May 4, 2012 Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredS(c�cctexas.com APPROPRIATING $629,027 IN REVENUE FROM CUSTOMER FACILITY CHARGES TO FUND DESIGN, CONSTRUCTION AND DEBT SERVICE ASSOCIATED WITH THE QUICK TURN AROUND FACILITY FOR RENTAL CAR OPERATIONS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; CAPTION: An ordinance appropriating $629,027 in revenue from Customer Facility Charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around Facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY2011 -12 Capital Budget adopted by Ordinance no. 029135 to increase appropriations by $629,027. PURPOSE: Design and construction of Corpus Christi International Airport's Rent A Car (RAC's) Quick Turn Around Facility is funded from a $3.50 Customer Facility Charge (CFC) on vehicles rented at the Airport. The fee is paid on each transaction day up to maximum number of days. The CFC was authorized to fund the design, construction, debt service, renovation, repair, operating, and maintenance costs of existing and future facilities that are allocable or attributable to the operations of the rental car concessions at the Airport. The CFC revenue must be appropriated annually to fund project costs. BACKGROUND AND FINDINGS: The On- Airport Rental Car Concession and Lease Agreements executed between the City and Rent -A -Car (RAC) Companies on November 1, 2009 included provisions for the collection and remittance of a Customer Facility Charge (CFC) to the City. The CFC is a fee collected by the RACs from customers that rent a car at the Airport only. Industry data reflects that approximately 98% of vehicles rented at the Airport are by customers from outside of Corpus Christi. The CFC collected by the RAC funds the design, construction, repair, operations and maintenance of the new QTA Maintenance Facility. Based on current projection, the Airport should receive approximately $800,000 annually in CFC receipts. On May 18, 2010, the City Council authorized the issuance of $5.5 million in Certificates of Obligation (COs) to fund the construction of the QTA. Debt Service on the COs will be approximately $485,000 annually. A contract was awarded to Bar -Com for construction of the QTA and work was initiated in January of 2011 with completion anticipated in February 2012. When completed, the proposed facility would be the first Leadership in Energy and Environmental Design (LEED) Certified city building. On June 28, 2011, the City Council authorized the appropriation of $759,163 in revenue from customer facility charges to fund design, construction and debt service associated with the quick turnaround facility for rental car operations at Corpus Christi International Airport. ALTERNATIVES: No viable alternatives exist as the Customer Facility Charge is the only contractual funding source for the Quick Turnaround Facility and appropriation is required. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,276,400 $3 „234,100 $0 $6,510,500 Encumbered / Expended Amount $3,276,400 $679,556 $3,955,956 This item n/a 145,352 n/a $145,352 BALANCE 0 $2,699,896 $2,699,896 Fund(s): Airport CFC Fund, Certificates of Ob igation Comments: n/a RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Charlotte Yochem, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager- Business Development Page 1 of 2 Ordinance Appropriating $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY 2011 -2012 capital budget adopted by Ordinance No. 029135 to increase appropriations by $629,027. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund is appropriated to Fund Design, Construction and Debt Service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport. SECTION 2. That $483,675 is transferred into the Airport CFC Debt Service Fund No. 4643. SECTION 3. That the FY 2011 -2012 capital budget adopted by Ordinance 029135 is changed by increasing appropriations by $629,027. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 001 0 2 e710c6e1- daed- 4da1- a222- 3a251f159a48 Joe Adame Mayor Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary 001 0 2 e710c6e1- daed- 4da1- a222- 3a251f159a48 Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation M ichael Mo(c�cctexas. com 361- 826 -3494 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance appropriating $54,833.71 in developer and corporate contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one -half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 55,414.13 55,414.13 BALANCE 55,414.13 55,414.13 Fund(s): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Schedule of park development fees, fees in lieu of land, and interest earned to be appropriated. Ordinance City of Corpus Christi, Texas For the 9 month(s) ended April 02, 2011 Fund: 4720 - Community Enrichment Fund 4720 Org. Account Description Total Revenues Unappropriated 21300 Developer Fee - interest 68.85 21300 Park trust - unrestrict interest 451.29 21371 Gateway interest 4.82 21357 HEB Park pool & tennis interes 0.99 21502 Beautification prom. interest 5.10 21507 Ed exchg prg- Sister City int. 0.36 21511 Permanent art trust interest 49.01 INTEREST 580.42 21300 Park trust - unrestrict donation 0.00 21300 Park Development Fee 15,400.00 21336 Cole Park donation 208.00 21346 Waldron Park 1,974.59 13120 Collier Park 10,000.00 21667 Vista Hermosa 0.00 21668 Gardendale 1,320.00 21364 Cedar Ridge Park 10,531.12 21529 Tropic Park 10,600.00 21424 Shoreline Oaks 4,800.00 CONTRIBUTION 54,833.71 TOTAL INT / CONTRB 55,414.13 Page 1 of 2 Ordinance appropriating $54,833.71 in developer contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one - half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $54,833.71 in developer contributions and $ 580.42 in interest earnings for a sum of $55,414.13 is appropriated in the No. 4720 Community Enrichment Fund for park improvements and other related projects. Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor AGENDA MEMORANDUM For the City Council Meeting of June 12, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Mike Barrera, Assistant Director of Financial Services Mikeb@cctexas.com 361- 826 -3169 Replacement radiator for back -up generator. CAPTION: Motion approving the purchase of one replacement radiator for an Onan Generator from Cummins Southern Plains, San Antonio, Texas for a total amount of $63,483.65. The equipment is used by the City's Water Department, O.N. Stevens Water Treatment Plant on an emergency backup generator. Funds are budgeted in the Water Department operations budget in FY11/12. BACKGROUND AND FINDINGS: The generator is one of three used by the O.N. Stevens Water Treatment Plant to provide back -up power to the plant in the event of power outage due to a storm, lightening strike or other disaster. Pricing includes labor to remove the existing radiator, delivery and installation of the new radiator, start up and testing. ALTERNATIVES: None OTHER CONSIDERATIONS: The manufacturer has indicated that radiator cores are made to order parts only. Lead time is a minimum of 30 to 60 days from receipt of purchase order. Hurricane season begins June 1, 2012. Therefore it is critical to order this equipment in a timely manner. CONFORMITY TO CITY POLICY: This procurement is exempt from the competitive bidding statutes as a sole source for captive replacement parts. Cummins Southern Plains is the sole source distributor for this replacement radiator. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: x Operating Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $659,843.00 $659,843.00 Encumbered / Expended Amount $462,876.88 $462,876.88 This item $63,483.65 $63,483.65 BALANCE $133,482.47 $133,482.47 Fund(s): Water Fund Comments: None RECOMMENDATION: City Staff recommends approval of the motion as presented LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY COUNCIL DATE: June 12, 2012 ITEM DESCRIPTION Price Sheet Emergency Generator Radiator Replacement QTY. 1. Replacement Radiator for Onan Generator Removal of existing unit, delivery and installation of new radiator, start up and testing. TOTAL: Cummins Southern Plains San Antonio, Tax. Unit UNIT Price each $63,483.65 Extended Price $63,483.65 $63,483.65 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Contracted Commissioned Municipal Court Bailiffs CAPTION: Recommendation: Motion approving a three -year service agreement for contracted commissioned municipal court bailiffs with Alpha Security Solutions & Investigations of Corpus Christi, TX based on lowest responsible bid in accordance with Bid Invitation No. BI- 0082 -12, for a total amount of $467,625.60, of which $25,979.20 is required for the remainder of FY2011/2012. The term of the agreement is for three years with an option to extend for up to two additional one -year periods subject to the approval of the service provider and the city manager or designee. Funds are available in the Municipal Court Security Fund. BACKGROUND AND FINDINGS: The City's Municipal Court System currently utilizes four City Marshals and one contracted security guard to meet its needs for bailiffs in three courtrooms and for building security, respectively. Six bailiffs are necessary for the courts to operate optimally. Currently, the combination of four City Marshals and the one contracted security guard, at an annual cost of $235,991, man metal detectors leading into courtrooms and maintain order inside and outside courtrooms. The contracted bailiffs recommended herein are commissioned to carry a firearm by the Private Security Bureau of the Texas Department of Public Safety. At the time the City Marshal's service was created, bailiff duties were performed by contracted security officers. Over the years, City Marshals have been assigned to bailiff duties with increasing frequency. One of the primary purposes of creating the City Marshal's service was to serve warrants. Approval of this contract will not only enable Municipal Court to replace the existing security guard with one of the aforementioned contracted bailiffs, but will also enable City Marshals to return to actively serving warrants, resulting in an increase in the timely administration of justice and resolution of fine - related cases. ALTERNATIVES: Municipal Court can continue to use City Marshals. Doing so, however, is not optimal for court administration nor does it allow for the timely service of warrants. OTHER CONSIDERATIONS: Monies for this contract are available from the funds recently appropriated by City Council into the Municipal Court's Security Fund, which is specifically designated for this purpose. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Municipal Court FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $170,702.00 $441,646.40 $612,348.40 Encumbered / Expended Amount $0 0 $0 This item $25,979.20 $441,646.40 $467,625.60 BALANCE $144,722.80 0 $144,722.80 Fund(s): Municipal Court Security Fund Comments: Approximately $156,000 is required to support this contract annually. Although $170,702 has been appropriated to support this contract in FY 2012, the estimated annual revenue generated from the Municipal Court Security Fund is $98,000. Any shortage of revenue collected to support this contract in FY 2013, 2014 and 2015 will be supported by the Municipal Court operations budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney R. Jay Reining, Interim Director, Municipal Court Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI ALPHA SECURITY SOLUTIONS & INVESTIGATIONS EDDIE GARZA SECURITY & INVESTIGATIONS Corpus Christi, TX Corpus Christi, TX Unit Extended Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price Price Price 1. Contracted Municipal Court Baliffs 37,440 Hour $12.49 $467,625.60 $13.00 $486,720.00 Three -Year Award Total $467,625.60 $486,720.00 Eddie Garza Security & Investigations did not return the Minimum Requirements Form nor the completed and signed Service Agreement as required and is, therefore, deemed non - responsive. CONTRACTED COMMISSIONED MUNICIPAL COURT BALIFF SERVICE AGREEMENT Service Agreement No. THIS Contracted Commissioned Municipal Court Baliff Service Agreement (this "Agreement ") is entered into by and between Alpha Security Solutions & Investigations (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Contracted Commissioned Municipal Court Baliff Service in response to Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Contracted Commissioned Municipal Court Baliff Service in accordance with Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11). 2. Term. This Agreement is for three years commencing on and continuing through . The term includes an option to extend for up to two additional one -year periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Municipal Court. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities . can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Director of Municipal Court will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11), or the Contractor's bid offer to Bid Invitation No. BI- 0082 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such forum and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Director of Municipal Court. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' advance written notice to the Contractor; Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. However, the City may terminate this Agreement on twenty -four (24) hours' advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Municipal Court P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Alpha Security Solutions &Investigations Contact David Torres Address: 433 South Tancahua City, State, Corpus Christi,Tx 78401 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this /1 day of UM-y 20 1 Z . CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services APPROVED THIS 9DAY OF CA r it VA DEZ, CIT �l BY: .444400 ORNE Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0082 -12 Exhibit B: Bidder's Bid Contractor David Torres Title: Date , 20 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Emergency /Disaster Response Services CAPTION: Recommendation: Motion approving a service agreement for Emergency /Disaster Response Services with Garner Environmental Services, Inc. of Deer Park, TX for a total amount of $406,667.74. The term of the agreement is four years. The award is in accordance with the General Services Administration's (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. BACKGROUND AND FINDINGS: This is a pre - positioned contract that will be utilized only in the event of an emergency or disaster. It will provide the City with a readily available supply of emergency response equipment and services. Included in the contract are generators, cabling, pumps & hoses, restroom and shower units, fuel tanks, fuel, comfort stations and a variety of other emergency - related equipment and services. ALTERNATIVES: In the event of an emergency or disaster, the City may secure the required equipment and services on an as- needed basis. However, due to the exigent nature of an emergency /disaster, doing so may result in higher prices, sourcing difficulties and the inability to secure insurance and indemnification protections available under the terms of the service agreement recommended herein. OTHER CONSIDERATIONS: Expenditure of funds under this contract will occur only in the event of its activation in response to an emergency or disaster. The City is required to initially fund expenditures under this service agreement, which will be followed by reimbursement of qualifying expenditures by the Federal Emergency Management Agency (FEMA). The $406,667.74 total award amount is the minimum dollar amount expected to be expended through the recommended contract on a per- emergency basis. Therefore, should more than one emergency /disaster occur during the four -year term of the service agreement, each emergency /disaster is expected to result in this minimum expense. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 0 $0 This item $0 $0 $0 BALANCE $0 $0 $0 Fund(s): Various Comments: Expenditure of funds under this contract will occur only in the event of its activation in response to an emergency or disaster. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Approvals: Veronica Ocanas, Assistant City Attorney Robert Rocha, Fire Chief Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PRICE SHEET BI- 0141 -12 PURCHASING DIVISION Emergency /Disaster Response Services BID ITEM DESCRIPTION QTY Garner Environmental Services, Inc. Deer Park, Texas UNIT TOTAL PRICE PRICE Generators 1 Generator - 500 KW 2 Generator - 250 KW 3 Generator - 150 KW 4 Generator - 100 KW 5 Generator - 75 KW 6 Generator - 60 KW 7 Generator - 50 KW 8 Generator - 40 KW 9 Generator - 30 KW 10 Generator - 25 KW Cable 11 Generator Cable - price per foot Pumps & Hose 12 4" Diesel Pump 13 6" Diesel Pump 14 4" Suction /Discharge Hose 50' Section 15 6" Suction /Discharge Hose 50' Section 16 4 Inch Submersible Hydraulic Pump 17 6 Inch Submersible Hydraulic Pump 18 300 GPM Pump 19 500 GPM Pump 20 1000 GPM Pump Miscellaneous Equipment & Services 21 25 Standard Restrooms (250 Person) 22 Seven - Station Sinks 23 250 - Person Showers 24 2000 Gallon Fuel Tank 25 250 CFM - 100 PSI Air Compressor 26 6000 Ib. Extended Reach Forklift 27 8000 Ib. Extended Reach Forklift 28 25 Comfort Stations - 500 Person Each 29 4000 Watt Light Tower Fuel 30 Fuel Transports with Operators 5 6 6 5 3 2 14 3 1 42 2,500 1 1 1 1 1 1 5 5 5 1 2 1 3 5 1 1 1 2 1 Grand Total $5,183.88 3,332.49 2,221.66 1,851.39 1,851.39 1,530.48 1,481.11 1,481.11 1,031.84 1,049.12 2.47 740.55 1,283.63 83.93 113.55 987.41 1,333.00 710.93 710.93 1,481.11 20,605.91 7,559.82 94,494.71 $1,598.36 580.10 2,681.79 2,902.97 37, 768.26 469.02 51, 838.79 $25,919.40 19, 994.94 13, 329.96 9,256.95 5,554.17 3,060.96 20, 735.54 4,443.33 1,031.84 44, 063.04 6,175.00 740.55 1,283.63 83.93 113.55 987.41 1,333.00 3,554.65 3,554.65 7,405.55 20,605.91 15,119.64 94,494.71 $4,795.08 2,900.50 2,681.79 2,902.97 37, 768.26 938.04 51, 838.79 $406,667.74 SERVICE AGREEMENT No. THIS SERVICE AGREEMENT (this "Agreement ") is entered into by and between Garner Environmental Services, Inc. (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide EMERGENCY/DISASTER RESPONSE SERVICES in compliance with General Services Administration (GSA) Contract Number GS -07F- 0403X and the terms and conditions of this SERVICE AGREEMENT, including the insurance requirements incorporated by reference and attached hereto as Exhibit A; and WHEREAS the City has determined Contractor to be a GSA Contractor; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide EMERGENCY/DISASTER RESPONSE SERVICES in compliance with GSA Contract Number GS- 07F -0403X and the terms and conditions of this SERVICE AGREEMENT, including the insurance requirements incorporated by reference and attached hereto as Exhibit A; and 2. Pricing for Services. The City agrees to pay the Contractor in compliance with the pricing established in GSA Contract Number GS -07F- 0403X, incorporated herein as Exhibit B. The Contractor may adjust pricing pursuant to the GSA Contract Number GS -07F- 0403X, incorporated herein as Exhibit B. 3. Term. This Agreement commences on the date signed by the last signatory hereto and shall continue through March 31, 2016. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Fire Chief. 5. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered an employee of the City. 6. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given written notice of cancellation, material change in the coverages, or intent not to renew any of the policies in accordance with policy provisions. The City must be named as an Additional Insured. The City Attorney must be allowed to inspect all insurance policies within fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein as Exhibit A. 7. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item for this agreement will be actually adopted, since that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified herein. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor at least 5 work -days' advance written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days' advance written notice to Contractor. However, City may terminate this Agreement on 24- hours' advance written notice to Contractor for failure to pay or provide proof of payment of taxes as set out in Section 14 of this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within thirty (30) days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to terminate this Agreement after providing 24 hours' advance written notice to Contractor. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. 17. 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 in the U.S. Mail, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Fire Chief P. O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Name: Garner Environmental Services, Inc. Contact Person: Neal Overstreet / Chris Walker Address: 1717 W. 13th Street City, State, Zip: Deer Park TX 77536 18. Month -to -Month Extension. If the City has not awarded a new EMERGENCY/DISASTER RESPONSE SERVICES contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then- current fee under the term of this Agreement, on a month -to -month basis for up to .six months. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 19. Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, WHEN THE INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE NEGLIGENCE, WILLFUL ACT OR OMISSION OF CONTRACTOR. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 20. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. SIGNED this l) day of Q (JY 1 ) , 2012. Contractor: Signature Name: Neal Overstreet Title: Executive Vice President ntal Services, Inc. SIGNED this day of , 2012. CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS DAY OF , 2012. CARLOS VALDEZ, CI Y ATTO B RNE By: Veronica Ocanas, Assistant City Attorney Incorporated by Reference: Exhibit A: Insurance Requirements Exhibit B: GSA Contract Number GS- 07F -0403X EXHIBIT A INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance and applicable policy endorsement(s), showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination and a 10 -day written notice of cancellation for non- payment is required on all certificates, subject to actual policy provisions Bodily Injury and Property Damage 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. Personal Injury $1,000,000 Per Occurrence AUTOMOBILE LIABILITY — OWNED, NON- OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS'COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If workers' compensation coverage is not written in accordance with Texas law, "All Other States" endorsement must be indicated on the certificate of insurance. B. Contractor's financial integrity is of interest to the City, therefore, subject to Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this agreement and any extension hereof, at Contractor'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 inspect copies of the policies and receive copies of declarations page and all endorsements thereto as they apply to the limits required by the City 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 Fax No.: (361) 826 -4555 D. Contractor 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 to the extent of the obligations assumed by Contractor in connection with Contractor's operations; • 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 to the extent of the obligations assumed by Contractor in connection with Contractor's operations; 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, subject to actual policy provisions. E. Within five (5) 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. F. 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. G. 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. H. 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 to the extent of the obligations assumed by Contractor in connection with Contractor's operations. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT B Garner Environmental Services Inc. 1717 West 13th Street Deer Park, TX 77536 Phone: 281 - 930 -1200/ Fax: 281 - 478 -0296 E -mail: Noverstreet@garner- es.com Internet: http: //www.gamer- es.com Business Size: Large Business Federal Supply Schedule 084 Law Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft and Emergency /Disaster Response FSC Class: R414 Authorized Pricelist GS- 07F -0403X GSA A dvantaaeJ This khaki, CoJw aP»Mistis.Qfaivt4pIi11, 2011. GARNER . a.rnp..vy Moven= Comps= GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST General Description Gamer Environmental Services, Inc. (Gamer Environmental) established in 1981, is a full- service environmental company offering emergency response for oil spills and hazardous materials, soil mediation, vacuum truck services, roll-off equipment rental and transportation, as well as disaster response for natural and man -made disasters. Other services offered are training, industrial hygiene consultation, cleaning services for ail and chemical storage tanks, retention ponds, pipelines, stoma drains and sewers lines, vessels drilling rigs, piers, wharves, docks, and other harbor facilities. In addition to the services mentioned above, Garner Environmental also offers chandler services and product supplies for production and drilling platforms, offshore and inshore vessels and the petrochemical industry. Garner Environmental brings over 500 cumulative years of experience and expertise to the oil and chemical industry in these specialized fields of endeavor. Gamer Environmental is a certified Oil Spill Response Organization (OSRO), by the United States Coast Guard and as a Discharge Cleanup Organization (DCO) by the Texas General Land Office as related to the Oil Pollution Act of 1990. Contract Number: GS- 07F -0403X Period Covered by Contract: Apri11, 2011 — March 31, 2016 For Mara llamadon on ordeingfrom Fedora dcgasitioe Schedules, dirk on :hi P55 ScPmdNIs button ate: /hxw At ac goo. General Services Administration Federal Acquisition Service Online access to contract ordering information, teams and conditions, up-to -date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu - driving s database system. Agencies can access GSA Advantage! via the Internet at http://www.GSAAdvantairesov CONTENTS 1 CusroM INFORMATION 2 2 SCHEDULE PRIG LIST 6 Comma No. GS- 67F -0403x i April 1. 2011 CR'N1��R � . *mono ihsparou Company on 1 CUSTOMER VNFORMATION 1. SPECIAL ITEM NUMBERS (SINS): a. Table of awarded SINs SIN 426-4F Emergency Preparedness and First Responder Equipment, Training and Services (Includes but not limited to Continuance of Operations Planning ( COOP) services, decontamination kits and showers, mass casnahy containment traders, survival/disaster and rapid deployment kits, hazardous material detection equipment and clothing, and urgency response training. b. Lowest priced model number and price for each SIN. SIN Model Price SIN 426-4F ORBITRAX Per Messaging $0.25 c. Hourly rates: $5.92 2. MAXIMUM ORDER GUIDELINE The maximum order threshold is $ 200,000 for SIN 426 -4F. The maximum order is a dollar amount at which it is suggested that the ordering agency request higher discounts from the contractor before issuing the order. The contractor may 1) Offer a new lower price 2) Offer the lowest price available under the contract 3) Decline the order within five (5) days. In accordance with the Maximum Order provisions contained in the Schedule, a delivery order may be placed against the Schedule contract even though it exceeds the maximum order. 3. MINIMUM ORDER None 4. GEOGRAPHIC COVERAGE: The 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington DC, and U.S. tenitonies 5. POINT(S) OF PRODUCTION: None: (Professional Training and Equipment rentals m y) 6. Prices shown are NET Prices; Basic Discounts have been deducted. Contract No. G5.07F -0403X 2 April 1. 2011 *714* astaro n.y lhapoaa. Csonpamy 7. DISCOUNTS: a. Quantity — None b. Dollar Volume — None 8. PROMPT PAYMENT TERMS: Net 30 days. 9. GOVERNMENT PURCHASE CARDS: a Contractors are required to accept credit cards for payments equal to or less than the micro- purchase threshold for oral or written delivery orders. b. Credit cards are acceptable for payment at or above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice. 10. FOREIGN ITEMS: Not applicable. 11. DELIVERY SCHEDULE: a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days alter receipt of order (ARO), as set forth below: SPECIAL ITEM NUMBERS DEUVEttYTIME AYSARO) SIN 426-4F 10 days ARO b. EXPEDITED DELIVERY: As negotiated between Garner and Ordering Activity. c. OVERNIGHT and TWO -DAY DELIVERY: As negotiated between Garner and Ordering Activity. d. URGENT REQUIREMENTS: As negotiated between Gamer and Ordering Activity. 12. FOB: Origin (Shipping/ Transportation cost for equipment only) *Travel costs will be in compliance with the Federal Travel Regulation (Mt) or the Joint Travel Regulation (JTR) 13. ORDERING INFORMATION: a. Agencies should address all orders to the following address: Garner Environmental Services, Inc. 1717 West 13th Street Deer Park, TX 77536 Neal Overstreet, Executive Vice President 1193=032288IIMILSVM Contact No. GS-071?-04438 3 Aril 1, 2011 IL TA* twore my dip -as. Compiray b. For supplies and services, the order procedures, information on Blanket Purchase Agreements (EPA's) are found in Federal Acquisition Regulation (FAR) 8.405 -3. 14. PAYMENT INFORMATION: a Agencies should address all payments to the following address: Garner Environmental Services, Inc. 1717 West 13th Street Deer Park, TX 77536 15. WARRANTY PROVISION: None (Services only) Restocking Fee/Cancellation Policy None (Services only) 16. EXPORT PACKING CHARGES: Not applicable. 17. TERMS AND CONDTTIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE ABOVE THE MICROPURCHASE THRESHOLD 552.232 -77 PAYMENT BY GOVERNMENT COMMERCIAL PURCHASE CARD (MAR 2000) (ALTERNATE I—MAR 2000) (a) "Government -wide commercial purchase card" means a uniquely numbered credit card issued by a contractor under GSA's Government: wide Contract for Fleet, Travel, and purchase Card Services to named individual Government employees or entities to pay for official Government purchases. "Oral order" means an order placed orally either in person or by telephone. (b) The Contractor must accept the Government wide commercial purchase card for payments equal to or less than the micro - purchase threshold (see Federal Acquisition Regulation 2. 101) for oral or written orders under this contract. (c) The Contractor and the ordering agency may agree to use the Government wide commercial purchase card for dollar amounts over the micro - purchase threshold, and the Government encourages the Contractor to accept payment by the purchase card. The dollar value of a purchase card action must not exceed the ordering agency's established limit. lithe Contractor will not accept payment by the purchase card for an order exceeding the micro- purchase threshold, the Contractor must so advise the ordering agency within 24 hours of receipt of the order. (d) The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services Coact N0. c- 07&o4o3x 4 Mil 1.2011 712 asompeney Response Compony performed. Unless the cardholder requests correction or replacement of a defective or faulty item under other contract requirements, the Contractor must immediately credit a cardholder's account for items returned as defective or faulty. (e) Payments made using the Government -wide commercial purchase card are not eligible for any negotiated prompt payment discount Payment made using a Gover mnent debit card will receive the applicable prompt payment discount. 18. TERMS AND CONDITIONS OF RENTAL, MAINTENENACE, AND REPAIR: Not applicable_ 19. TERMS AND CONDITIONS OF INSTALLATION: Not applicable. 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNSTS FROM LIST PRICES: Not applicable. 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES: Not applicable. 21. SERVICE AND DISTRIBUTION POINTS: Not applicable. 22. PARTICIPATING DEALERS: Not applicable. 23. PREVENTATIVE MAINTENANCE: Not applicable. 24a. ENVIRONMENTAL ATTRIBUTES: Not applicable. 24b. SECTION 508 COMPLIANCE: Not applicable. 25. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: 053554531 26. Contractor HAS registered with the Central Contractor Registration Database. CCR registration valid thru 06128/2012. Contract No. Gs- Or7r.0403X 5 X11.2011 t 1N.14...4) +even.+ dory 2. APPROVED GSA SCHEDULE PRICEUST GARNER ENVIRONMENTAL SERVICES 2011 DISASTER RESPONSE RATE SCHEDULE SRI Product Description GSA Price Daily Rate GSA Price Weekly Rate SCIIEDIRE A - POWER GENEftATION 426-4F 25KF Generakrs $419.65 $1,049.12 426-4F 4264F 30KW Generators 35(W Generators $666.50 *1,031.84 *733.15 $1,244.13 426-4F 36KW Generators $783.14 $1,244.13 426-4F 40KW Generators $783.14 $1,481.11 426-4F 45KW Generators 8592.44 81,481.11 4264F 48KW Generators $592.44 81,481.11 426-4F 50KW Generators $59244 81,481.11 426-4F 56KW Generators $592.44 $1,481.11 426-4F 60KW Generators $592.44 81,530.48 426-4F 70KW Generators $991.41 11,599.60 426-4F 4264F 75KW Generators *740.61 $1,851.39 80KW Generators $740.55 $1,651.39 4264F 90KW Generators 8740.55 81,851.39 4264F 100KW Generators $740.55 $1,851.39 4264F 110KW Generators *1,141.38 11,689.52 426-4F 125KW Generators $863.98 82,221.66 426-4F 144KW Generators $863.98 82,221.66 426-4F 150KW Generators $863.98 $2,221.66 426-4F 174KW Generators 81,036.78 $2,591.94 426-4F 175KW Generators 81,036.78 $2,591.94 426-4F 176KW Generators 81,036.78 82,591.94 4264F 180KW Generators $1,036.78 $2,646.25 426-4F 200KW Generators $1,036.78 82,429.02 426-4F 225KW Generators $1,234.26 $3,702.77 426-4F 240KW Generators $1,23426 33,332.49 4264F 25W(W Generators 81,234.26 83,332.49 426.4F 300KW Generators $1,481.11 83,189.32 426-4F 320KW Generators *1,481.11 $3,441.11 426-4F 351N(W Generators 83,115.89 $3,925.69 426-4F 400KW Generators 82,790.96 85,183.88 4264F 450KW Generators *2,832.62 85,183.88 426-4F 480KW Generators $3,115.89 $5,183.88 426-4F 500KW Generators *4,032.32 85,183.88 426-4F 55W(W Generators $3,299.17 $5,667.71 426.4F 575KW Generators $4,265.59 $5,900.74 426-4F 600KW Generators $5,394.64 87,406.54 426-4F 640KW Generators $4,265.59 $7,405.54 426-4F 675KW Generators $5,398.64 87,405.54 4264F 728KW Generators $5,698.56 $7,440.10 4264F 750KW Generators $5,815.21 $7,440.10 Contract No. Gs- 0P -0403X 6 Agit 1. 301 i 7po to sysnoy Royroaoo Compeer). SIN Product Description GSA Prise Daily Rate GSA Price Weekly Rate 426.4F 426-4F 426-4F 800KW Generators 850KW Generators 1000KW Generators $6,640.00 $4,265.59 $5,398.64 $7,440.10 $9,108.82 $9,330.98 426.4F 426-4F 1200KW Generators 1250KW Generators $5,698.56 $12,959.70 $5,815.82 $12,959.70 426-4F 14001011 Generators $7,582.04 $12,959.70 426-4F 1500KW Generators *306.55 $13,063.38 426-4F 1600KW Generators $8,697.81 114,169.27 426-4F 1750KW Generators $10,064.13 $14,169.27 426-4F 2000KW Generators 11,460.13 $16,203.32 426-4F 45 kVA Transformer $98.74 1286.22 426-4F 75 kVA Transfamrer 426-4F 100 kVA Transbnner $123.43 $222.17 $394.96 *594.91 426-4F 150 kVA Transformer $245.62 $594.91 426-4F 225 kVA Transformer $298.22 $792.39 426-4F 300 kVA Transformer $402.37 11,451.49 426-4F 400 kVA Transformer $694.89 11,929.14 426-4F 500 kVA Transformer $694.89 $1,929.14 426-4F 750 kVA Transformer $944.21 $2,236.47 426-4F 1000 kVA Transformer $1,142.92 $2,822.80 426-4F 1500 kVA Transformer 11,592.19 $3,467.03 426-4F 2000 kVA Transformer $1,994.56 $4,087.86 426-4F 600 Amp Line Panel $74.06 $681.31 426-4F 800 Amp Lire Panel $148.11 $908.41 426-4F 1200 Amp Line Panel $140.11 $1,362.62 426-4F 4000 Watt Generated Light Plant $125.89 $46.9.02 426-4F Power Cords - HigT► Voltage (bulk) 113.58 *248.83 426-4F 426-4F Power Distriutian Box (Spider Boxes) $51.84 $493.70 Spider Boxes (400AMPS) N/A $701.06 426.4F Spider Boxes (800AMPS) N/A 1907.18 426-4F Generator CAW price per foot N/A $2.47 POWER GENERATION NOTES 1 Minimum One (1) Week Operation Phase Duration excluding Mob/Demob. 2 Rental Rates Only - Transportation rates from to point of origin and/or point of deliver/ andfor point of use are not included 3 Customer is responsible for fuel, personnel and transportation. 4 Fu& wi be determined by bad and charged LAW and associated to the Task Order at that lime. 5 Two electricians are required per site assessment and instalatian. 6 Orbitrax GPS units are reg ared for each generator. Contact No. cis- 07F -04O3X 7 Apail 1.2011 GARNER The troy atigan.s Compaq, SIN Product Description GSA Price Daily Rate GSA Price Weekly Rate SCHEDULED - PUMPS 426-4F 2' x 2' Diesel Pump 426.4E 3'x3' Diesel Pump 426-4F 4" Diesel Pump 426-4F 6" Diesel Pump 426-4F 8' Diesel Pump 426.4F 10' Diesel Pump 426-4F 12' Diesel Pump 426-4F 16' Diesel Pump 426-4F 18' Diesel Pump Dud Flg wlQD 426-4F 24" Diesel Pump 426.4F 2' Suction Discharge Hose 50' Section 426.4F 3' Suction Discharge Hose 50' Sedion 426-4F 4' Suction Discharge Hose 50' Section 426-4F 6' Suction Discharge Hose 50' Section 426-4F 8" Suction Discharge Hose 50' Section 426-4F 10' Suction Discharge Hose 50' Section 426-4F 426-4F 12' Suction Discharge Hose 50' Section 6' Vacuum Assist Pump 426-4F 12' Vacuum Assist Pump 426-4F 3 ouch Submerscble Hydrauic Pump 426-4F 4 Inch Submersible Hydraulic Pump 426-4F 6 Inch Submersible Hydraulic Pump 426.4F 8 inch Submersible Hydraulic Pump 426-4F 12 kidu S bmersbie Hydraulic Pump 426-4F 8' Bauer Pipe, 10' section 426-4F 12" Bauer Pipe, 10' section 426-4F 4" SbainerslT- Joinlsitaws 426-4F 6' Sbainers1T-JointsiEbows 426-4F 426-4F 8' StraruersIT -Joint &Elbows 3' Sub - Dewater Shp 460v 4264F 4' Sub - Dewater 10ph 460v 426-4F 6" Sub - Dewater 35hp 460v 426.4F 8" Sub - Dewater 95hp 460v 426-4F 4" Sub - Trash 20hp 460v 426-4F 6' Sub - Trash 40hp 460v 426-4F 8' Sub - Trash 70hp 460v 426-4F 3' Suction Hose - 20' 4264F 4' Suction Hose - 20' 426-4F 6" Suction Hose - 20' 426-4F 8' Suction Hose - 20' 426-4F 10" Suction Hose - 20' 426-4F 1? Suction Hose- 10' 426-4F 12' Discharge Pk►e -10' 6123.30 *710.93 6444.33 61,307.08 6222.17 6740.55 6444.33 $1,283.63 $629.47 11,624.59 6629.47 $1,849.53 6814.61 62,174.45 $2,132.80 66,418.14 11,399.65 19,597.58 12,799.29 $12,757.28 111.11 186.40 110.00 164.18 119.75 183.93 *29.62 *113.55 175.54 5226.61 $116.64 6349.91 5122.19 6777.58 1366.57 11,943.95 31,058.99 12,647.48 6192.17 5576.52 6227.72 5987.41 5321.03 11,333.00 6453.22 $1,777.33 11,056.40 33,169.20 112.34 $41.47 112.34 641.47 114.81 $37.03 $19.75 $49.37 124.69 $61.71 198.74 $264.13 6111.08 6297.46 3177.73 6475.19 1386.09 11,030.60 $123.43 3330.78 $177.73 6475.19 $365.09 11,030.60 $17.28 $43.20 122.22 155.54 122.22 *55.54 649.37 6123.43 174.06 1186.14 649.37 1123.43 112.34 130.86 Comeau No. Gs- o7F -0403X 8 April 1, 2011 4/110. *h. ear..e, ncy a w«a. Ceogresuf GARNER SIN Product Description GSA Price Daily Rte GSA Price Weeny Rate 426-4F 6' to 18' Pipe Fusion Machine $431.99 13,023.93 426.4F 12' to 36' Track Mashed Fusion Machine $1,481.11 110,367.76 PUMP NOTES 1 Mtnknum One (1) Week Operation Phase Duration excluding MobdDemob. 2 Rental Rates Only - Transportation rates from to point of origin andlor point of delivery andbr point of use are not included 3 Customer is responsible for fuel, personnel and transportation. SIN Product Deaaiption GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE C - ENWtONMENTAL CONTROLS 426-4F 10 - Ton Air Condlianer Uni 1493.70 91,283.63 426-4F 15 - Ton Air Condt Loner Uni 1925.69 $1,757.58 426.4F 20 - Ton Air Condtioner Uni 1924.46 91,848.92 426-4F 25 - Ton Air CondMoner Uni 1989.87 11,980.98 426-4F 30 - Ton Air Cowl-ironer Uni $1,234.26 $2,488.51 426.4F 40 - Ton Air CandNoner Unit 11,188.59 $3,949.62 426-4F 50 - Ton Air CondNoner Uni 12,098.24 $6,710.65 426-4F 60 - Ton Air Condiioner Uni $2,098.24 $4,838.29 426-4F 75 - Ton Air Condoner Uni 92,314.23 86,911.84 426.4F 426-4F 80 - Ton Air Condilon r Unit 12,406.80 97,899.24 40 Ton Air Cooled Chler Unix 91,511.96 $2,122.92 426-4F 50 Ton Air Cooled Chiller Unit $1,820.53 92,119.84 426.4E 60 Ton Air Cooled Chler Units 11,820.53 $2,596.88 426-4F 75 Ton Alt Cooled Chdlea Unis 12,190.81 426-4F 100 Ton Air Cooled ChIer Urits 12,190.81 $2,308.06 13,458.39 426-4F 125 Ton kw Cooled Chier Units $2,591.94 14,006.40 426-4F 150 Ton Ai Cooled Chiller Units $3,209.07 14,845.69 426-4F 170 Ton No Cooled Cher Units $3,82620 $5,182.64 426-4F 200 Ton Air Cooled Chier Units $4,196.47 15,954.06 426-4F 50 Ton Air Handler 8524.56 9803.43 426-4F 100 Ton An Hardier 1987.41 92,468.51 426.4F 120 Ton Kw Handler 1802.27 91,876.07 426-4F 20 kW Heater Unit 1215.99 1839.29 426-4F 40 kW Heater Unit 1155.52 $908.41 426-4F 100 kW Healer Uni 1771.41 11,283.63 426-4F 150 kW Heater Uni 1925.69 $1,830.40 426.4F 150 kW High Temperature Heater Unit $1,049.12 $1,873.60 426-4F 1125 CFM Desiccant Dehronictifier $1,215.74 83,455.92 426-4F 2250 CFM Desiccant Dehesrtidifier 1987.41 $6,911.84 426-4F 4500 CFM Desiccant Dehumktifier 11,481.11 110,367.76 426-4F 15000 CFM Desiccant Dehumidifier $2,962.22 $23,697.73 426-4F Insulated Ductwork $92.57 8111.08 426-4F 100 GPM Pump 1148.11 9710.93 426.4F 426.4F 200 GPM Pump 1185.14 1710.93 300 GPM Pump 1234.51 1710.93 Contract No. GS-07F- 04037 9 Apt' 1. 2011 GARNER n» rpp«r« ray N..pon.. Coaupagy SON Product Desafption 426-4F . 400 GPM Pub 426.4F S00 GPM Pump GSA Price Daily Rate GSA Price Weekly Rate $277.71 1710.93 1283.88 1710.93 426.4E 750 GPM Pump $401.13 11,481.11 426-4F 800 GPM Pump 1431.99 11,481.11 426-4F 1000 GPM Pump 1556.42 11,481.11 426-4F 1200 GPM Pump 1802.27 11,110.83 426-4F 1500 GPM Pump 1863.98 11,624.59 426.4F 2000 GPM Pump 11,079.97 $1,624.59 426-4F 3000 GPM Pump $2,221.66 12,173.53 426-4F AeroClave MDS UM 426.4E Polyethylene Polution Bags (per Roll) 18,886.65 NIA 1103.68 NIA 426-4F Polyethylene Shed's] Per Roll (20'x100'x6 1108.61 NIA 426-4F Zhp -Wa8 Pole (each) 113.82 NIA 426-4F Zip -Wa8 Zipper Door (eadi) 426-4F Zip -Wa8 quick Chamber (each) 19.87 NIA 117.77 NIA 426-4F Level A Responder Slate (each) 11,135.52 NIA 426-4F Level B Responder Suit (eadi) 1222.17 NIA 426-4F Level 3 (CPC 3) PPE (each) 426-4F Level D PPE (each) 1103.68 NIA $44.43 NIA ENVIRONMENTAL CONTROLS NOTES: 1 Minimum One (1) Week Operation Phase Duration exckrdig MoblDemob_ 2 Rental Rates Only - Transportation rates from to point of origin and/or point of detvery andir poid of use are not induded. 3 Customer is responsible for fuel, personnel and transportation. SIN Product Description GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE D - MATERIALS BANDUNG $ EQUPMENT (MHE) 426-4F Forklift Carpet Poles 130.86 1102.20 426-4F Palet Grabbers w/Chain 19.87 137.03 426-4F Palet Jack 139.50 1102.20 426-4F Electric Palet Jack 1117.25 1291.28 426-4F Fort Loading ramps 1336.95 1843.00 426-4F Dock Plates 129.62 1454.21 426.4F 5k Deisel Forklfs $222.17 1617.13 426-4F 5k Personnel Foddifls 1260.43 1851.69 426-4F 6000 Lb. Forklift 1271.54 12,681.79 426-4F 8000 Lb. Forldift $259.19 12,902.97 426-4F 9,000 - 10,000 Ib. Forklift 1296.22 13,434.20 426-4F 15,000Ib. Forklift 1493.70 17,405.54 426-4F 25,000 - 35,000 Lb. Forklift 1691.18 113,710.13 426-4F 4400 6 Extended Boom ForktifI 1345.99 11,727.96 ROUGH TERRAIN FORKLIFTS: 426-4F Straight Mast 1285.11 1987.41 426-4F 5K Shooting Boom 1370.28 11,184.89 Contact No_ GS- 07F -0403X 10 April 1.2011 Ail. TA* rwr.rpraray Argon.. tasaro.ry GARNER SIN Product Description ,$ GSA PNce Daily Rate GSA Price Weekly Rate 426-4F 6K Shooting Boom $419.65 11,530.48 426-4F 8K Shooting Boom $466.55 11,461.36 426-4F 9K Shooting Boom $518.39 81,678.59 426-4F 10K Shooting Boom $622.07 11,925.44 426.4F Forklift Propane Tank 14.94 111.85 426.4F Portable Loading Dock, 20 X 20r wlrarnp and stairs 1336.95 $1,226.18 MHE NOTES: 1 2 Minimum One (1) Week Operation Phase Duration excluding MoblDemob. Rental Rates Only - Transportation rates from to point of origin and/or pant of delivery andlor point of use are not included. 3 Customer is responsible for fuel, personnel and transportation. SIN Product Dewxiption GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE E - HEAVY EQDI'MENT 426-4F 2000 Gallon Fuel Tank *543.07 11,598.36 426-4F 48 foot Traber (No Tractor) 1154.28 1185.14 LOADERS: 426.4F 426.4F 426-4F 112 yard 3,4 yard 1 yard 3362.87 *970.13 $311.03 3908.41 8350.53 $938.04 426-4F 2112 yard $699.82 81,884.71 426-4F 23/4 yard 5699.82 31,884.71 SKINNERS: 426.4F 1750 Lb. 1296.22 1701.06 426.4F 2400 Lb. *362.87 11,109.60 426-4F 1900 Lb. Track 5428.29 11,184.89 SKID ATTACHMENTS: 426-4F $88.87 123821 426.4E Forks *51.84 $138.24 426-4F Broom $103.68 *277.71 OTHER HEAVY EQUIPMENT: 426.4F Single Smooth Dnan Uibraary Rolex $502.34 11,360.15 426-4F D3 Cat Smat Track Type Tractor 5656.62 11,568.74 426.4E 04 Cat Small Trade Type Tractor 1667.73 81,897.05 426-4F 05 Cat Small Tradk -Type Tractor 1855.34 82,079.72 426-4F 06 Cat Medium Track Type Tractor 11,018.26 *3,085.64 426.4F Ditch / Trench Digger $414.71 81,109.60 426.4F Large Excavator *863.98 83,085.64 426-4F Stump Grinder *181.44 *534.43 426-4F Brush Chipper $207.36 $588.74 426-4F Cranes, Mode - 35 Ton 13,702.77 325,919.40 426-4F Cranes, Mobile - 50 Ton 13,702.77 125,919.40 426-4F Cranes, Moble - 70 Ton 13,702.77 $25,919.40 426-4F Cranes, Ted telescopic - 35 Ton 13,702.77 125,919.40 Contract No. GS- 07F -0403X 11 April L 2011 * TA* itatemenay nWpoaae Company GARNER SIN Product DescrMtion GSA Price Daily Rate GSA Price Weekly Rate 426.4E Crane;, Truck- mooned telescopic - 45 Ton = 13,702.77 125,919.40 426.4F Compressor, Ab, trailer mounted, 250 CFM -100 PSI 1160.45 1580.10 426.4F Welder, Trailer Mounted, 400 Amp 1104.91 1253.02 HEAVY EQUIPMENT NOTES: 1 Minimum One (1) Week Operation Phase Duration exclu* g MoblDemob. Rental Rates Only - Transportation rates from to point of origin and/or point of dernrery and/or pant of 2 use are not included 3 Customer is responsible for fuel, personnel and transportation. FOR GSA CUSTOMERS: These items and rates are only applicable as part of an emergency or NOTE disaster response service task/ de6very/purchase order SIN PRODUCT DESCRPTION GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE - F CIVIL AFFAIRS 426-4F Portable Storage Containers 426-4F Portable Storage Containers 426-4F Tent, 20'X20' 426-4F Tent, 40' X 40' 426-4F 426-4F 426-4F 426-4F 426-4F Tent, 10' X 10' Pop -Up Tent, 10' X 15' Pop-Up Chairs - folding 6' Table - fokfing 8' Table - folding 426-4F 50' String Lighting 426-4F 100' String Lighting 426.4F Power Ditto - Spider Boxes 426-4F 24' portable fans on stands 426-4F 48' 2 -speed warehouse farm 426-4F Tents - 60' x 100' x 7'; Seals 500 426-4F Tents - 30'x 90'x7';Sleeps125 426-4F Tents - 30' x60' x 7' ; Sleeps 100 SIN Product Deseription HeaterMeals Setf H eating Entrees 426-4F 50 Twelve Count Cases / 1 -Palet 426-4F 100 Twehre Court Cases / 2-Pallets 426-4F 200 Twelve Count Cases ! 3-Pallets 426.4F 350 Twelve Count Cases / 5- Palets 426-4F 600 Twelve: Count Cases 1 9- Palets 426-4F 1200 Twelve Count Cases 117 -Pallets 426-4F 1500 Twelve Count Cases 122-Pallets HeaterMeals Phis Ful Course Meal Kb 426.4F 50 Twelve: Count Cases / 1 -Palet 426-4F 100 Twelve Count Cases / 2- Palets 426-4F 200 Twelve Count Cases ! 4- Palets 1129.60 1129.60 1282.40 11,334.60 1149.36 1238.95 13.70 17.41 19.87 112.34 124.69 151.64 162.95 161.71 14,042.19 1981.23 GSA Price PaNet Pricing 1138.24 127721 $423.60 11,925.44 $224.02 $353.00 17.41 118.51 124.69 188.57 1169.19 1148.11 1153.05 1153.05 15,773.85 12,070.47 11,437.91 GSA Price Per Case 12,843.73 $65.00 151,117.98 110,427.00 116,795.77 128,792.75 157,585.49 171,961.86 14,621.06 19,019.96 116,039.90 162.29 159.58 154.84 154.84 154.84 $54.84 1105.62 1103.09 1103.09 Colima No. GS- 07F -0403X 12 April L2011 GARNER *i,.Ir.nsmay N.,Pa,.. Amway SIN PRODUCT DESCRIPTION GSA Price GSA Price Daily Rate Weekly Rate 426-4F 4264F 350 Twelve Count Cases 17- Paled$ $306,878.24 110021 600 Twelve Count Cases / 12- Pallets 152,608.97 $10021 426-4F 1200 Twelve Count Cases / 24- Pallets SIN Product Description 1105,217.93 GSA Price Palet Pricing 1100.21 GSA Prise Per Case 426-4F 1500 Twelve Count Cases / 30- Palets 1131,522.42 $100.21 HeaterMeats EX Self - heating Entrees 426.4E 50 Twelve Court Cases / 1 -Palet 13,519.11 167.03 4264F 100 Twelve Court Cases / 2-Pallets 15,628.21 164.32 426-4F 200 Twelve Count Cases / 3- Palets $10,24927 $58.57 426-4F 350 Twelve Count Cases 16- Paled$ $17,314.16 *56.54 4264F 4264F 600 Twelve Count Cases / 10- Pallets 129,681.41 $56.54 426-4F 1200 Twelve Count Cases 120- Pallets $59,362.82 $56.54 1500 Twelve Count Cases / 25-Pallets 174,203.53 $56.54 Heater Meals 3 Ful Course Mein Kits 426-4F 50 Twelve Cant Cases / 1 -Palet $3,325.09 $76.00 426-4F 4264F 4264F 100 Twelve Count Cases 1 2- Palets tic $6,442.82 $73.63 200 Twelve Count Cases 1 4-Pallets 112,885.64 $73.63 350 Twelve Count Cases 17- Palests ' $21,979.65 $71.77 426-4F 600 Twelve Count Cases / 12- Pallets 137,679.40 $71.77 4264F 1200 Twelve Count Cases 124 - Pallets $72,870.53 $69.40 426.4F 1500 Twelve Count Cases / 30 -Pets $91,088.16 $69.40 Cafe2Go Self - Heating Beverage Kits 4264F 4264F 426-4F 18 Six Count Cases / 1 -Palet 36 Six Count Cases / 2- Pallets 54 Six Count Cases / 3- Palets $2,255.43 $143.20 14,270.92 1135.58 $5,994.49 $126.87 426.4E 350 Six Count Cases 110- Palets $38,853.17 1126.87 426-4F 600 Sic Count Cases /17-Pallets 4264F 1200 Six Count Cases / 34-Pallets 166,605.44 *126.87 $133,210.88 1126.87 426-4F 1500 Six Count Cases 142- Pallets 1166,513.60 1126.87 SIN Product Description GSA Price Per Bag Ice 8 W Baps 426-4F ice 8 b Bag 1- 600,000 $2.96 SIN Product Description GSA Price Per 24 Pack Bottled Water 16oz 24 Pack 426-4F 1- 100,000 17.65 426-4F 100,001-300,000 88.15 4264F 300,001- 475,000 $8.64 426-4F 475,001 - 850,000 19.26 426-4F 850,001 - 1,700,000 110.18 SIN Product Description GSA Price Daily Rate GSA Price Weekly Rate Type I (INS) Person Podalet Pedalo 426-4F 100 Standard Reslrooms 18,022.67 $56,158.69 Colgan No_ GS- 07F -0403X 13 April 1.2011 ilkThe s*►..e.a.y itesponse Comia+ny GARNER SIN PRODUCT DESCRIPTION GSA Price Daily Rate GSA Price Weekly Rate 426-4F 4 Wheelchair Accessible 9666.50 14,665.49 426-4F 30 Station Sink 14,628.46 $32,399.24 426-4F 100 Daily Service Fees 426-4F 30 Daily Sink Service Fees SIN Product Deaaipton GSA Price Daily Rate GSA Price Weeldy Rate 426-4F 5% Fuel Surcharge + Tax Type 1(750) Person Podakt Package 426-4F 75 Standard Restraoms 16,017.00 142,119.02 426-4F 4 Wheel Chair AccessAk $666.50 $4,665.49 4264F 22 Station Sinks 13,394.21 123,759.45 426-4F 75 Daily Service Fees 426-4F 22 Daily Sink Service Fees 4264F 75 Restroom Delivery Fees $2,314.23 116,199.62 4264F 5% Fuel Surcharge + Tax Type IN (500) Person Portalet Package 4264F 50 Standard Restrooms 14,011.34 128,079.35 426-4F 2 Wheel Chair Accessible $333.25 $2,332.75 426-4F 15 Station Sinks 12,314.23 116,199.62 426-4F 50 Daily Service Fees 426-4F 15 Daily Sink Service Fees 4264F 50 Restroom Delivery Fees 11,542.82 110,799.75 426-4F 5% Fuel Surcharge + Tax Type N (250) Person Palate( Package 4264F 25 Standard Res*rooms 12,005.67 114,039.67 426-4F 1 Wheel ChairAcoessbie 1166.62 11,166.37 426-4F 7 Station Sinks 11,079.97 17,559.82 426-4F 25 Daily Service Fees 426-4F 7 Daily Sink Service Fees 426.4E 25 Restroom Delivery Fees 1771.41 $5,399.87 426-4F 5% Fuel Surcharge + Tax Type Y (100) Person Portalet Padrage 4264F 10 Standard Restrooms 180227 426-4F 1 Wheel Chair Accessble 1166.62 $5,615.87 11,166.37 426-4F 7 Station Sinks 11,079.97 17,559.82 426-4F 10 Daily Service Fees 4264F 7 Daily yak Service Fees 426-4F 10 Restroom Delivery Fees 1308.56 12,159.95 426-4F 5% Fuel Surcharge + Tax Camara No. GS- 07F -0403X 14 Apsi1 I, 2011 4, * * 1. Isrw ncy Ihavoa.. Coop«, SIN Product Description GSA Mobihzafion Price GSA Daily Stagng Price GSA Demobilization Price NIMS TYPE 11 Comfort Stations (501 Person) 426-4F 25 Comfort Stations $17,773.30 $11,108.31 $8,886.65 4264F 40 Comfort Stations 823,697.73 $17,773.30 $11,848.87 4264F 50 Comfort Stations $29,622.17 522,216.62 114,811.08 426-4F 60 Comfort Stations $35,546.60 $26,659.95 $17,773.30 Comfort Station are tent packages for 500 person evacuees /persons that include; tents, dnais, fans, security and generator for evacuee admhislralIve purposes (i.e., Disaster Food Stamps). CIVIL AFFARS EQUIPMENT AND SERVICES NOTES 1 Minimum One (1) Week Operation Phase Duration excluding Mob/Demob. 2 Rental Rates Only - Transportation rates from to point of origin and/or pant of delivery and/or point of use are not included. 3 Customer is responsible for fuel, personnel and transportation. SIN Description GSA Weekly Price GSA DemobMZation Price SCHEDULE — G EQUIPMENT SERVICES A DISASTER RESPONSE BASE CAMPS 426-4F NIMS TYPE 1 1000 Person Base Camp $498,853.32 81,316,122.72 $406,005.11 4264F NIMS TYPE 1750 Person Base Camp $464,397.81 $1,067,800.10 $377,771.49 4264F NIMS TYPE III 500 Person Base Camp $342,771.66 8731,405.84 $280,225.69 426-4F NIMS TYPE IV 250 Person Base Camp 8278,761.86 8468,67821 $227,777.18 KITCHEN SERVICES: 4264F NIMS TYPE 1 1000 Person Kitchen/Meals 8169,443.73 $425,979.09 $119,806.85 4264F NIMS TYPE 1I 750 Person Kitchen/Meals $164,10927 $367,818.44 8119,332.90 4264F NIMS TYPE III 500 Person Kitchen/Meals $120,988.04 8261,044.11 $57,65322 4264F NIMS TYPE IV 250 Person Kitchen/Meals $101,269.55 $176,873.95 $76,612.80 SHOWER SERVICES: 4264F NIMS TYPE 1 1000 Person Showers 827,622.67 8158,230.50 834,506.12 4264F NIMS TYPE 11750 Person Showers 822,449.90 5136,901.31 126,285.97 4264F NIMS TYPE 111 500 Person Showers $17,314.16 $81,474.53 $20,081.36 4264F NIMS TYPE IV 250 Person Showers $17,314.16 $60,145.34 $17,035.21 LAUNDRY SERVICES: 4264F NIMS TYPE 1 1000 Person Laundries $75,499.50 $216,941.64 861,899.22 4264F NIMS TYPE!! 750 Person Laundries $60,564.99 *168,769.82 $48,687.73 426-4F NIMS TYPE!!! 500 Person Laundries $44,003.73 8113,344.28 835,866.27 4264F NIMS TYPE IV 250 Person Laundries $33,684.11 $68,419.80 $27,116.62 DISASTER RESPONSE BASE CAMP i EQUIPMENT SERVICES NOTES: 1 Minimum One (1) Week Operation Phase Duration excksing Mob/Demob. 2 Pricing is al- inclusive including transportation, personnel, expendable commodities, food, etc. See service level agreement. 3 Cost -minus pricing. 11 cer illcated potable water, grey water manholes are provided; pricing will be reduced. Contract No. G"S47F -0403X 15 Amin. 2011 41. GARNER Tito ismegrwoy AlNponrr Compaty SIN Product Description GSA Pike Daily Rate GSA Price Weedy Rate SCIEDULE ti - TRANSPORTATION EQUIPMENT/PERSONNEL 426-4F Trucking Detention Charge (Demerge) $4,443.32 $31,103.27 426-4F Trucking Lay Over $4,443.32 $31,103.27 426-4F Truck Ordered Not Used *308.56 *2,159.95 426-4F Power 0rdy Truck $1,851.39 $12,959.70 426-4F Rol Backs - Equipment local short -haul *1481.11 *10,367.76 426-4F 426-4F Service Truck *271.54 $1,900.76 Fuel Transports; with Operators *7,405.54 *51,838.79 426-4F Fuel Bobtail Trucks; with Operators $7,405.54 *51,838.79 426-4F Dry Van *617.13 *4,319.90 426-4F Reefer Trailer $2,221.66 *15,551.64 426-4F Drop Deck *1,851.39 *12,959.70 426-4F Removable Drop Deck (RGN) $2,221.66 *15,551.64 426-4F Double Drop Trailer $1,851.39 *12,959.70 426-4F Flat Bed *863.98 $6,047.86 426-4F Flatbed with Moffett *1,481.11 *10,367.76 426-4F Low Boy $1,851.39 112,959.70 426-4F Livestock *2,221.66 115,551.64 426-4F Water Trailer *129.60 *330.78 426-4F 60 Ton Landal Trailer 12,221.66 *15,551.64 426-4F 26' Straight Trek wild gate and driver $1,851.39 *12,959.70 426-4F Road Grader $5,246.09 *36,72160 426-4F Water truck (non - potable) WI operator $4,305.21 $30,136.48 426-4F Bucket Truck $7,983.17 $55,882.22 426-4F Pick up Truck *863.98 $6,047.86 TRANSPORTATION EQUFMENTIPERSONNEL NOTES 1 Mrwo One (1) Week Operation Phase Duration exdud'eng MoblOemob. 2 Customer is responsi le for fuel, personnel and transportation. 3 Trucking mileage rates so be established at fee time of Task Order and PO 4 Trucking mileage rates may vary based on region of equipment FOB. SRI PROJECT EQINPMENT SUPPORT: GSA Price Daily Rate GSA Price Week Rate 426-4F Mobile Command Post wf communications 81,763.51 *12,342.57 426-4F Response Vehicle (Per Vehicle) $123.43 $863.98 426-4F 4-Wheelers (i.e., Rhino) *176.75 *1,234.26 426-4F LSNFirefTawer Tracer $1,594.66 *11,157.68 426-4F Gamer Service Trucks *123.43 *863.98 426-4F Warn $14.81 *98.74 426-4F ORBITRAX Per Messaging $0.25 *0.25 426-4F ORBITRAX Report WA *98.74 Comm No. GS-07F -0403X 16 April 1, 2011 GARNER M* itifisO03040 ftletPaor SIN Product Description GSA Price Hourly Rate PROJECT PERSONNEL SUPPORT: 426-4F Incident Management Team Leader 1148.11 426-4F Project/Operations Manager 1133.30 426-4F Project/Operations Task Leader 1123.43 426-4F Project Adminstrator 174.06 426-4F 426-4F Project Field Clerk 149.37 Warehouse 1 Yard Operator 147.89 426.4E Resource Supervisor 1117.25 426-4F Resource Technician 1117.25 4264F Resource Operator 1117.25 426-4F Electrician 1117.25 426-4F Security 178.99 INCIDENT MANAGEMENT TEAMS: 4264F Incident Management Team Leader 1148.11 4264F ESF 1- Transparfatiar Team Member 1133.30 4264F ESF 2- Communications Team Member 1133.30 4264F ESF 3 - Pubic Works Team Member 1133.30 426-4F ESF 4 - F'reightng Team Member 1133.30 426-4F ESF 5 - information and Planning Team Member 1133.30 426.4F ESF 6 - Mau Care Team Member 1133.30 4264F ESF 7 - Resource Support Team Member 1133.30 4264F ESF 8 - Health and Medical Team Member 1133.30 4264F ESF 9 - Search and Rescue Team Member 1133.30 4264F ESF 10 - Hazardous Materials Team Member 1133.30 426-4F ESF 11- Food and Water Team Member 15.92 426-4F ESF 12 - Energy Tease Member 1133.30 426-4F Per Diem CONUS CONUS 4264F Personal Airfare PROJECT LSA PERSONEL & EQUPMENT NOTES: 1 Minenum One (1) Week Operation Phase Duration excluding MoblDemob. 2 Command Center is for customer field personnel, Gamer Projed Personnel, received for Orb bax Support and aN IT/Cets. 3 Mitres Support is required for aN physical equipment to prevent equipment losses & customer dhargebacks_ 4 Horsy wages are for straight-time orb, overtime and doubletime will be applied i requbed. 5 Hourly wages wi be assessed at no less then twelve (12) bars per day - seven (7) days per week. 6 Federal Holidays are Ned at the Double Time Rate. Al personnel wiN be paid LAW regional prevailing wages in accordance with Davis -Bacon and/or SCA where 7 applicable. 8 Airfare is a factor of total personnel maws required personnellservioe vehicles. Colima No. GS- 07F-0403X 17 April 1.2011 1 ANSHSO DOCUMENT FOR FREIGHT CONTAINERS GARNER R»«r. ..e 1496 -1 Series 1 Freight Containers - Specifications and Testing - Part 1: General Cargo Containers for General Purposes 1496-2 Series 1 Freight Canto ens - Specifications and Testing - Part 2: Thermal Containers 1496 -3 Series 1 Freight Conferrers - Specifications and Testing - Part 3: Tank Containers for Liquids, Gases, and Pressurized Dry Bug( 14964 Seas 1 Freight Containers - Specifications and Testing - Part 4: Non- Pressurized Container for Dry Bulk 1496-5 Series 1 Freight Containers - Specifications and Testing - Part 5: Platform and Platform Based Containers . 1496 -6 Series 1 Freight Containers - Specifications and Testing - Part 6: Intonational Cargo - Security Devices . _ 668 Series 1 Freight Containers - Classification and Dimensions, and Ratings 830 Freight Containers - Terminology 2308 Hooks for Lilting Containers up to 30 Tons Capacixy - Basic Requirements 1161 Series 1 Freight Containers - Comer Fittings, Spectcations 3874 Seas 1 Freight Containers 6346 Series 1 Freight Containers - Going, Identification, and Marketing 9897 _ _ Freight Corners - Conlamer Equpwnent Data Exchange Cowan No. GS- 07F -0403x 18 Apiii L, 3011 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 6/12/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Group Life & Disability Insurance CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to purchase two years of Group Life Insurance from Standard Insurance Company of Portland, OR for a total amount of $69,816.03, of which no funding is required for the remainder of this fiscal year, and two years of Disability Insurance from Lincoln Financial Group of Houston, TX for a total amount of $166,195.87, of which no funding is required for the remainder of this fiscal year; based on lowest responsible proposal; and authorizing the City Manager or designee to execute all documents necessary to extend the coverage for up to two optional one -year periods, subject to approval of the service provider. BACKGROUND AND FINDINGS: The City offers group life and disability insurance coverage to its employees. Group life insurance consists of the following types of insurance: Basic, Supplemental, Optional, Dependent and Spouse. Basic Life is fully funded by the City. Supplemental, Optional, Dependent and Spouse coverage is fully funded by the employee. The City funds a portion of disability insurance; the remainder of which is funded by the employee. In an effort to realize volume discounts and create more interest among insurers, the City combined Group Life and Disability Insurance into one procurement package. The City's contracted insurance advisor, Crest Benefits Consulting, a division of JDW Insurance, assisted the City in developing the Request for Proposal and in analyzing proposals received. In addition to the $69,816.03 City- funded portion of group life insurance premiums, the employees' portion is $1,144,259.99 for a total of $1,214,076.02 in group life insurance premiums over the two -year term of the agreement. Similarly, while the City- funded portion of disability insurance premiums is $166,195.87, the employees' portion is $354,718.30, for a total of $520,914.17 in disability insurance premiums over the two - year term of the agreement. As compared to current pricing, the agreements recommended herein will result in a total two -year savings to the City of $147,843.85, while employees will realize a premium savings of $719,494.54, for a total combined savings of $867,338.39. ALTERNATIVES: None. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Human Resources Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $245,000.00 $236,011.90 $481,011.90 Encumbered / Expended Amount $146,449.18 $0 $146,449.18 This item $0 $236,011.90 $236,011.90 BALANCE $98,550.82 $0 $98,550.82 Fund(s): Other Employee Benefits Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Approvals: Veronica Ocanas, Assistant City Attorney Yasmine Chapman, Director of Human Resources Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager E Z I 0 0a) 0 > D° Oz 0 0 a = 00 >a 0 a O a E 0 < < 0 0 • a)aH � 0 Oa C' • 13Fa 6 O -E_ 2a a) L E • O J Z a a) C Es � Z J C O N a 0 co ,_ C) a) C a) L- al Q O w a) E a•p a) o E0 a 0 w < U O • E • Q 0 (/) < -oF0a J C E °--It D E o C O O D 0 The Prudential Insurance U J in E Q < 0a o z H C Oo a O a) (� z Minnesota Life Insurance a) ric • Q 0 c OHa -a a) a) C o a() E n 0 a° DESCRIPTION 0 —w 83,780.19 $ 78,543.63 $ 69,816.03 $ Eft Group 1 Group Life Insurance (Two -Year Premium) U C a z Y C (0 N U -0 co Ha a) (n Q o E) E a p a) O E -o 0 w a) 0 a) C U E < 0 a < F E .�°zOa 2 2 o ▪ E L O a) F-OZ 0 ° a E 0 < < w • a) a F U O a C' O L c (6 W Q a) - L • O J Z a U co (o Q • E w < F CE , X 0 _ J C C O C O O 0 C D O DESCRIPTION ° —w CD O 0 z° 0 69 d) co M 352,636.94 $ 69 0 0 69 CO N O) f0 f0 Eft Group 2 Disability Insurance (Two -Year Premium) Deemed non - responsive for failure to meet the minimum requirements of the RFP. AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/8/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 Acceptance and Appropriation of 2012 Gro1000 Gardens and Green Spaces Grant from Scotts Miracle -Gro and the United States Conference of Mayors. CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. B. Ordinance appropriating a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden and declaring an emergency. BACKGROUND AND FINDINGS: The Mayor's Fitness Council, in conjunction with the Parks and Recreation Department, was awarded one of five grants from Scotts Miracle -Gro and the United States Conference of Mayors to establish a community garden. The MFC will utilize these funds to partner with the Lindale Neighbors, Texas Agriculture Extension Office, to increase access to healthy foods and vegetables by establishing a community garden at Lindale Park located at 3133 Swantner Lane. In addition to the $15,000 grant, Scotts Miracle Gro will provide $10,000 in product to the project as well. There are no matching funds required. ALTERNATIVES: Do not accept grant. OTHER CONSIDERATIONS: The Parks and Recreation Department has secured a commitment from the Lindale Neighbors via their Adopt - a -Park agreement to serve as administrators of the garden plots. CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 15,000 15,000 Encumbered / Expended Amount This item 15,000 15,000 BALANCE 15,000 15,000 Fund(s): Comments: An additional award of $10,000 Scotts Miracle Gro products is included in the grant award totaling $25,000. RECOMMENDATION: Staff recommends approval of acceptance of grant award. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award; Drawing of Playground Page 1 of 2 Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle - Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. 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 $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. 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: March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney 0016 2 cdb6f17d- 21b4- 47ec- b914- 27b368ecdd8e Page 2of2 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 0016 2 cdb6f17d- 21b4- 47ec- b914- 27b368ecdd8e Proidoutt ELIZABETH B. 111111L ,Mayor „i Borossillc 10, Pra'vdc:, ART0411112. V211ARA1 Manne,rr socr„i Vice Prrslda„n ACIC H.AEl,A_ Nt1'I -1TR :Mayor tti Philseaplxia 111)11) I.. 4])ELA,4151)\ Mayor „! toto .ills RICI {AR]} M. 411111 1)4,,,,l CONE. TH1J4l.A1 M. :MEN1N0 .May. ,r Rirs, 111'414r!J [.. P(.[SQUI E_I 14 Malaar.,l Akron JOlI;E'11 P. RILEY. Jll Malur„i Clradrn,nr, SC J CHR141 IAN ( ;OIf.WAGE Mayor ar Edioaholti 144114111 AIN ARD R1aFa,r a C,rr, y1, 7'4 A1ICF1;li11. R. COLl:M,AR MApor o(Colombos. 01 -1 MIC K CORNETT M.ry +se 40Hationto Coy 111 FRANK l IN C 011',!E May a1 Des MOH, 81141 IL/STIR; Ma,,e Li Long khosh 1 h1 R1CIC 111 `J R} MAYS MaRti of North Lila: Rock BRENDA L. LiMVR1'C:l:: Mnpor od Snoiixaicid 11 IONIAS C I EPPERT Aloyor Danz 144 1.1:N I. J. ,41111..1)1:2. ' 15 of 4l bon 11cly1rs 111 I13''X 14 n 11 Mzy„r .,r Nchaek, CA 54.:01' 1- 1111111 hlacur .,l Mena ELM N N. \RAI. A €:R MApor 1 8ow1i1 Gran. KY Arisiony bawd. 12A1111 4141 KER Ma e LIORIt Lilts City PLAN CART E15 BLR411 411/ Atioir 4 Hortd ROBERT t 110)VS'r,R 11yror Hot U 1)44'111'1 LI 12,6 .MA 0, ,,d f'naul*irnrc ROBERT CLUCK Mayae arArlington. T\ 10Y COCKER li MAN. 4,1 I 1211.,,d,ls lir. +d, ROBERT DIRTY Al2sio tii R ,1,r1„r, '45 BUDDY L111' Ma1F,c .x'1'411 €andu HILL. INCH Mayon „r 1u,IRopnrs 'ICE 1REl. A (;IN Abp. r,l 6'iz'1,nd„ 11ca i, OSl:.r141 )) GOOHMAN .MA, of Los 4opns JOHN r 4F/. IlIcKE ,4.4OPER .Mo"ar or Do I1,4RV1=Y 101' INS) ) 11 ,yor tif j rk,r, o MS KEVIN J2)11h5)]\ Mayor Li SHrumc,nv ROS*; I.1T "II.PFIELD Mayor „1r':ha, 'ro MARK MARK 11114 2Yr Morn ,,!Cto ro ,mar, JC/9 -1 N 144)11 rS 14 ,,a,e „l 1111ahasso LOPE G. 41OSIL EY 1f,1a,r s11 'A a GAVIN V.6.11;1f)S {aa .MAN. ar San Fnv „x[o 1'RANA C. 01)115 Haigh of Pstn,ba,ko Pings 1)IC;U'.I. A. 4' LIM° MAls,e Li Sm. Ana STEPHANIE RAWLINGS -4 1.e4 :Mawr of .M111,,nrc 11.A1 IL 11. 4,41 4tiAS NIKorr.al Laredo 4'MES I- S21I -IhIl1 4 MAlwrorCrea, 4314 FRANCIS G. SLAY Mayor -1.A St. Louis 11 N[, 11 =i_R 1 511 i"1`!” Counho 14-111.'1 144 F_111 \1; IN Matsu „i Erssuo BRIAN C:. \1'5 - 11.1111 M:,yor of PicruwnY CELT.. INo Ih 1uon OM 1144111454, THE ITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST WASHINGTON, D.C. 20006 TELEPHONE (202) 293-7330 FAX (202) 293 -2352 URL: www'.usrlrayors.org December 28, 2011 The Honorable Joe Adame Mayor of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 -9277 Dear Mayor Adame: On behalf of The United States Conference of Mayors, may I extend warm congratulations on your outstanding leadership in support of urban livability. I am very pleased to let you know that your city has been awarded the 2012 GRO1000 Gardens and Green Spaces Grant Awards for the Quesada Gardens Initiative . As you know, the GRO1000 Gardens and Green Spaces Grant Awards are sponsored by ScottsMiracle -Gro, and The U.S. Conference of Mayors. The 5 award - winning cities were determined by an independent panel of judges, selected by The U.S. Conference of Mayors. The awards will be officially announced at our Winter Meeting in Washington, DC on Thursday, January 19, 2:00 — 4:15 p.m. during the afternoon Plenary. There will be recognition portion of the program, followed by a group photo on stage with individual posed shots with local ScottsMiracle- Gro representatives just off the stage. We hope very much that you will be able to attend. Award Winners will each receive grants in the amount of $25,000 ($15,000 cash; $10,000 in -kind product provided by Scotts Miracle -Gro). We would appreciate it if you could wait until the January 19th national recognition during the meeting to inform the press of your Grant Award. We will be working with your staff on more details surrounding the winter meeting and the local dedication event and publicity for the award - winning cities. In addition to the national ceremony we look forward to the mandatory local dedication ceremony. The other 2012 winners are listed alphabetically by city Baltimore Mayor Stephanie Rawlings - Blake, Cleveland Mayor Frank Jackson, Columbia (SC) Mayor Steven Benjamin, and Corpus Cristi Mayor Joe Adame. We will be in touch with you soon with some more information. If you have any questions, please contact me at jbogen ©usmayors.orq or (202) 861 -6727. Thank you again and congratulations. Sincerely. Tom Cochran CEO and Executive Director AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/8/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 Acceptance and Appropriation of 2012 Gro1000 Gardens and Green Spaces Grant from Scotts Miracle -Gro and the United States Conference of Mayors. CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. B. Ordinance appropriating a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden and declaring an emergency. BACKGROUND AND FINDINGS: The Mayor's Fitness Council, in conjunction with the Parks and Recreation Department, was awarded one of five grants from Scotts Miracle -Gro and the United States Conference of Mayors to establish a community garden. The MFC will utilize these funds to partner with the Lindale Neighbors, Texas Agriculture Extension Office, to increase access to healthy foods and vegetables by establishing a community garden at Lindale Park located at 3133 Swantner Lane. In addition to the $15,000 grant, Scotts Miracle Gro will provide $10,000 in product to the project as well. There are no matching funds required. ALTERNATIVES: Do not accept grant. OTHER CONSIDERATIONS: The Parks and Recreation Department has secured a commitment from the Lindale Neighbors via their Adopt - a -Park agreement to serve as administrators of the garden plots. CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 15,000 15,000 Encumbered / Expended Amount This item 15,000 15,000 BALANCE 15,000 15,000 Fund(s): Comments: An additional award of $10,000 Scotts Miracle Gro products is included in the grant award totaling $25,000. RECOMMENDATION: Staff recommends approval of acceptance of grant award. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award; Drawing of Playground Page 1 of 2 Ordinance appropriating a $15,000 grant awarded by Scotts Miracle - Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden, and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors is appropriated in the No. 1067 Parks and Recreation Grant Fund for construction of Lindale Park Community Garden. 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 April, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney 0017 2 1dca40ad -ea2a- 4322- 926d- 59612b0453a0 Page 2of2 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 0017 2 1dca40ad -ea2a- 4322- 926d- 59612b0453a0 Proidoutt ELIZABETH B. 111111L ,Mayor „i Borossillc 10, Pra'vdc:, ART0411112. V211ARA1 Manne,rr socr„i Vice Prrslda„n ACIC H.AEl,A_ Nt1'I -1TR :Mayor tti Philseaplxia 111)11) I.. 4])ELA,4151)\ Mayor „! toto .ills RICI {AR]} M. 411111 1)4,,,,l CONE. TH1J4l.A1 M. :MEN1N0 .May. ,r Rirs, 111'414r!J [.. P(.[SQUI E_I 14 Malaar.,l Akron JOlI;E'11 P. RILEY. Jll Malur„i Clradrn,nr, SC J CHR141 IAN ( ;OIf.WAGE Mayor ar Edioaholti 144114111 AIN ARD R1aFa,r a C,rr, y1, 7'4 A1ICF1;li11. R. COLl:M,AR MApor o(Colombos. 01 -1 MIC K CORNETT M.ry +se 40Hationto Coy 111 FRANK l IN C 011',!E May a1 Des MOH, 81141 IL/STIR; Ma,,e Li Long khosh 1 h1 R1CIC 111 `J R} MAYS MaRti of North Lila: Rock BRENDA L. LiMVR1'C:l:: Mnpor od Snoiixaicid 11 IONIAS C I EPPERT Aloyor Danz 144 1.1:N I. J. ,41111..1)1:2. ' 15 of 4l bon 11cly1rs 111 I13''X 14 n 11 Mzy„r .,r Nchaek, CA 54.:01' 1- 1111111 hlacur .,l Mena ELM N N. \RAI. A €:R MApor 1 8ow1i1 Gran. KY Arisiony bawd. 12A1111 4141 KER Ma e LIORIt Lilts City PLAN CART E15 BLR411 411/ Atioir 4 Hortd ROBERT t 110)VS'r,R 11yror Hot U 1)44'111'1 LI 12,6 .MA 0, ,,d f'naul*irnrc ROBERT CLUCK Mayae arArlington. T\ 10Y COCKER li MAN. 4,1 I 1211.,,d,ls lir. +d, ROBERT DIRTY Al2sio tii R ,1,r1„r, '45 BUDDY L111' Ma1F,c .x'1'411 €andu HILL. INCH Mayon „r 1u,IRopnrs 'ICE 1REl. A (;IN Abp. r,l 6'iz'1,nd„ 11ca i, OSl:.r141 )) GOOHMAN .MA, of Los 4opns JOHN r 4F/. IlIcKE ,4.4OPER .Mo"ar or Do I1,4RV1=Y 101' INS) ) 11 ,yor tif j rk,r, o MS KEVIN J2)11h5)]\ Mayor Li SHrumc,nv ROS*; I.1T "II.PFIELD Mayor „1r':ha, 'ro MARK MARK 11114 2Yr Morn ,,!Cto ro ,mar, JC/9 -1 N 144)11 rS 14 ,,a,e „l 1111ahasso LOPE G. 41OSIL EY 1f,1a,r s11 'A a GAVIN V.6.11;1f)S {aa .MAN. ar San Fnv „x[o 1'RANA C. 01)115 Haigh of Pstn,ba,ko Pings 1)IC;U'.I. A. 4' LIM° MAls,e Li Sm. Ana STEPHANIE RAWLINGS -4 1.e4 :Mawr of .M111,,nrc 11.A1 IL 11. 4,41 4tiAS NIKorr.al Laredo 4'MES I- S21I -IhIl1 4 MAlwrorCrea, 4314 FRANCIS G. SLAY Mayor -1.A St. Louis 11 N[, 11 =i_R 1 511 i"1`!” Counho 14-111.'1 144 F_111 \1; IN Matsu „i Erssuo BRIAN C:. \1'5 - 11.1111 M:,yor of PicruwnY CELT.. INo Ih 1uon OM 1144111454, THE ITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST WASHINGTON, D.C. 20006 TELEPHONE (202) 293-7330 FAX (202) 293 -2352 URL: www'.usrlrayors.org December 28, 2011 The Honorable Joe Adame Mayor of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 -9277 Dear Mayor Adame: On behalf of The United States Conference of Mayors, may I extend warm congratulations on your outstanding leadership in support of urban livability. I am very pleased to let you know that your city has been awarded the 2012 GRO1000 Gardens and Green Spaces Grant Awards for the Quesada Gardens Initiative . As you know, the GRO1000 Gardens and Green Spaces Grant Awards are sponsored by ScottsMiracle -Gro, and The U.S. Conference of Mayors. The 5 award - winning cities were determined by an independent panel of judges, selected by The U.S. Conference of Mayors. The awards will be officially announced at our Winter Meeting in Washington, DC on Thursday, January 19, 2:00 — 4:15 p.m. during the afternoon Plenary. There will be recognition portion of the program, followed by a group photo on stage with individual posed shots with local ScottsMiracle- Gro representatives just off the stage. We hope very much that you will be able to attend. Award Winners will each receive grants in the amount of $25,000 ($15,000 cash; $10,000 in -kind product provided by Scotts Miracle -Gro). We would appreciate it if you could wait until the January 19th national recognition during the meeting to inform the press of your Grant Award. We will be working with your staff on more details surrounding the winter meeting and the local dedication event and publicity for the award - winning cities. In addition to the national ceremony we look forward to the mandatory local dedication ceremony. The other 2012 winners are listed alphabetically by city Baltimore Mayor Stephanie Rawlings - Blake, Cleveland Mayor Frank Jackson, Columbia (SC) Mayor Steven Benjamin, and Corpus Cristi Mayor Joe Adame. We will be in touch with you soon with some more information. If you have any questions, please contact me at jbogen ©usmayors.orq or (202) 861 -6727. Thank you again and congratulations. Sincerely. Tom Cochran CEO and Executive Director AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Grant appropriation for Senior Community Services Elderly Nutrition Program CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend 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. This request is year two of a three year contract with the Coastal Bend Area Agency on Aging. The Area Agency on Aging of the Coastal Bend is issuing the first installment of the grant in the amount of $160,431 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services, Elderly Nutrition Program from October 1, 2011 through September 30, 2012. Additional funds will be issued through September 2011. Total anticipated funding is $718,988 for FY '12. This grant requires a minimum of 10% City matching funds, which were appropriated as part of the Senior Center Operations' FY12 budget. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. Senior Center Supervisors and program administrators are Certified Benefits Counselors who provide one -on -one information about both public benefits and private health insurance. The Elderly Nutrition Program coordinates the congregate and 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. We project to serve 105,016 congregate meals; 103,073 home delivered meals; 50,235 Title XX Meals on Wheels, and 230 hours of Benefits Counseling service units during fiscal year October 2011 through September 2012. Senior Center Operations are supported solely through the City's General Fund and offer a comprehensive lifestyle enhancement component which includes assessment; recreation /leisure activities; health and wellness programs; nutrition education; advocacy; health education; community education; access and assistance; outreach; referrals; emergency transportation and escort; special interest classes, a SeniorNet Computer Technology Center and special events. ALTERNATIVES: Reject the grant award. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $160,431 $160,431 BALANCE $160,431 $160,431 Fund(s): Comments: Click here to enter text. RECOMMENDATION: Staff recommends acceptance of the grant from the Area Agency on Aging of the Coastal Bend for the continuation of the Elderly Nutrition Program. LIST OF SUPPORTING DOCUMENTS: Notification of Funds Available Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the 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 City Manager's designee is authorized to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary 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 / /Area Agency ��n Aging IBE COASTAL BEND COASTAL BEND e�s�our`c�e Center MM.etlr /G late De rrtnmlW 1feelt.nd Hunan Service, COASTAL BEND COUNCIL OF GOVERNMENTS emorandum To: Elsa Munoz City of Corpus Christi — Senior Community Services From: Betty Lamb Date: December 13, 2011 Re: Notification of FY12 Funds Available — NFA #1 The enclosed award represents your first allocation of funds for FY12 made available to the Coastal Bend by the Texas Department of Aging and Disability Services (DADS) for Older Americans Act Services. The award period for these funds is October 1, 2011 through September 30, 2012. Additional partial awards for FY12 will be issued as funding becomes available by the Coastal Bend Council of Governments. cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C. Old 0 Orivef0ocumenlel Adm InfEWWNFA 1FY2012INFp1lMem O_12 -13 -11 LOCATION; 2910 LEOPARD STREET; CORPUS CHIRSTI, TEXAS 78408 PHONE; (361) 883 -3935 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 TOLL FREE: 1 -800- 817 -5743 www.aaacoastalbend.org FAX: (361) 883 -5749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND Physical: 2910 LEOPARD STREET; CORPUS CHRISTI, TEXAS 78408 Mailing: POST OFFICE BOX 9909; CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: DATE: December 13, 2011 Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 CONTRACT PERIOD: Oct. 1, 2011 - Sept. 30, 2012 CONTRACT NUMBERS: AA3- 1148 -4 AWARD ISSUANCE NUMBER: 1 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments -- Area Agency on Aging for the period October 1, 2011 through September 30, 2012. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, .proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY12 Prior Contract Award $ - 0 - FY12 Title III Award this Action (1) $ 80,316 FY12 NSIP Award this Action (2) $ - 0 - FY12 Cumulative Award $ 80,316 MEALS IIICIISGRINSIP HOME DELIVERED $ - 0 - MEALS IIIC2ISGRINSIP $ 75,722 $ - 0 - $ 75,722 SUPPORTIVE SERVICES IIIB $ - 0 - $ 4,393 $ - 0 - $ 4,393 TOTAL AWARD ... $ - 0 - $160,431 $ - 0 - $160,431 V (1) This award represents partial funding for FY12 based on funds awarded to CBCOG -AAA through December 5, 2011. Additional funds will be awarded as additional awards are received from DADS. John P. Buckner, Executive Director Coastal Bend Council of Governments cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C.10Id O•GtIVelDacumantalAdminlBetlylNFA IFY20124NFAIIGOFGG_12.17.11, doc AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Grant appropriation for Senior Community Services Elderly Nutrition Program CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend 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. This request is year two of a three year contract with the Coastal Bend Area Agency on Aging. The Area Agency on Aging of the Coastal Bend is issuing the first installment of the grant in the amount of $160,431 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services, Elderly Nutrition Program from October 1, 2011 through September 30, 2012. Additional funds will be issued through September 2011. Total anticipated funding is $718,988 for FY '12. This grant requires a minimum of 10% City matching funds, which were appropriated as part of the Senior Center Operations' FY12 budget. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. Senior Center Supervisors and program administrators are Certified Benefits Counselors who provide one -on -one information about both public benefits and private health insurance. The Elderly Nutrition Program coordinates the congregate and 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. We project to serve 105,016 congregate meals; 103,073 home delivered meals; 50,235 Title XX Meals on Wheels, and 230 hours of Benefits Counseling service units during fiscal year October 2011 through September 2012. Senior Center Operations are supported solely through the City's General Fund and offer a comprehensive lifestyle enhancement component which includes assessment; recreation /leisure activities; health and wellness programs; nutrition education; advocacy; health education; community education; access and assistance; outreach; referrals; emergency transportation and escort; special interest classes, a SeniorNet Computer Technology Center and special events. ALTERNATIVES: Reject the grant award. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $160,431 $160,431 BALANCE $160,431 $160,431 Fund(s): Comments: Click here to enter text. RECOMMENDATION: Staff recommends acceptance of the grant from the Area Agency on Aging of the Coastal Bend for the continuation of the Elderly Nutrition Program. LIST OF SUPPORTING DOCUMENTS: Notification of Funds Available Page 1 of 2 Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend 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. That a grant in the amount of $160,431 from the Area Agency on Aging of the Coastal Bend is appropriated in the No. 1067 Parks and Recreation Grants Fund for the 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor 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 / /Area Agency ��n Aging IBE COASTAL BEND COASTAL BEND e�s�our`c�e Center MM.etlr /G late De rrtnmlW 1feelt.nd Hunan Service, COASTAL BEND COUNCIL OF GOVERNMENTS emorandum To: Elsa Munoz City of Corpus Christi — Senior Community Services From: Betty Lamb Date: December 13, 2011 Re: Notification of FY12 Funds Available — NFA #1 The enclosed award represents your first allocation of funds for FY12 made available to the Coastal Bend by the Texas Department of Aging and Disability Services (DADS) for Older Americans Act Services. The award period for these funds is October 1, 2011 through September 30, 2012. Additional partial awards for FY12 will be issued as funding becomes available by the Coastal Bend Council of Governments. cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C. Old 0 Orivef0ocumenlel Adm InfEWWNFA 1FY2012INFp1lMem O_12 -13 -11 LOCATION; 2910 LEOPARD STREET; CORPUS CHIRSTI, TEXAS 78408 PHONE; (361) 883 -3935 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 TOLL FREE: 1 -800- 817 -5743 www.aaacoastalbend.org FAX: (361) 883 -5749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND Physical: 2910 LEOPARD STREET; CORPUS CHRISTI, TEXAS 78408 Mailing: POST OFFICE BOX 9909; CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: DATE: December 13, 2011 Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 CONTRACT PERIOD: Oct. 1, 2011 - Sept. 30, 2012 CONTRACT NUMBERS: AA3- 1148 -4 AWARD ISSUANCE NUMBER: 1 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments -- Area Agency on Aging for the period October 1, 2011 through September 30, 2012. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, .proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY12 Prior Contract Award $ - 0 - FY12 Title III Award this Action (1) $ 80,316 FY12 NSIP Award this Action (2) $ - 0 - FY12 Cumulative Award $ 80,316 MEALS IIICIISGRINSIP HOME DELIVERED $ - 0 - MEALS IIIC2ISGRINSIP $ 75,722 $ - 0 - $ 75,722 SUPPORTIVE SERVICES IIIB $ - 0 - $ 4,393 $ - 0 - $ 4,393 TOTAL AWARD ... $ - 0 - $160,431 $ - 0 - $160,431 V (1) This award represents partial funding for FY12 based on funds awarded to CBCOG -AAA through December 5, 2011. Additional funds will be awarded as additional awards are received from DADS. John P. Buckner, Executive Director Coastal Bend Council of Governments cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C.10Id O•GtIVelDacumantalAdminlBetlylNFA IFY20124NFAIIGOFGG_12.17.11, doc AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/11/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Texas Music Office — Texas Live Music grant application CAPTION: Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. BACKGROUND AND FINDINGS: The Texas Music Office of the Governor's Office is soliciting applications for the Texas Live Music Grant Program to provide free live music to the general public. There is no required match for this program. The Corpus Christi Bay Jammin' Concert Series has been providing a variety of free live music to the public for over 20 years, mostly during the summer months. The concerts are held at the Anderson Amphitheater in Cole Park. ALTERNATIVES: Reject the resolution to apply for grant funds. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council resolution is required to accept grant funds. Some grant applications require Council resolution to apply for grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, 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: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that it is in the best interest of the citizens of Corpus Christi, Texas, that the Bay Jammin' concerts be provided during 2012. Section 2. In the event of the loss or misuse of these funds, the City of Corpus Christi City Council assures that the funds will be returned to the State of Texas, Governor's Office, Texas Music Office in full. Section 3. The City Manager, or designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Texas Music Office, in the amount of $3,00.00 for the Bay Jammin' 2012 Concert series. Section4. The City Manager, or designee, is authorized to apply for, accept, reject, alter, or terminate the grant on behalf of the City. Section 5. The City Council for the City of Corpus Christi approves the submission of the grant application for the Bay Jammin' 2012 concert series to the Governor's Office, Texas Music Office. Section 6. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 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 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/11/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 YMCA agreement with Park and Recreation Department for usage of TC Ayers Pool for summer aquatic programs. CAPTION: Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. BACKGROUND AND FINDINGS: The YMCA operates the TC Ayers Swimming Pool, city facility, for outreach services throughout the summer months. In addition to neighborhood residents and their own program participants, the YMCA offers free swimming and free lessons during the summer months June and July to participants at the Ben Garza Recreation Center. ALTERNATIVES: Do not approve the agreement and do not provide services at the facility during the summer months. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council must authorize the City Manager or his designee to execute the necessary documents to allow for a one -year agreement with extensions for up to two additional summer periods of TC Ayers Pool. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal 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 BALANCE Fund(s): Comments: This item will not have any impact on operating budget. RECOMMENDATION: Staff recommends approval of lease agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance, Lease Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs. A copy of the lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: By: Lisa Aguilar, Assistant City Attorney for City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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 AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND THE STATE OF TEXAS § § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Agreement made and entered into the day of between the City of Corpus Christi (hereinafter referred to as the (CITY) and the YMCA of the Coastal Bend (hereinafter referred to as the YMCA). WHEREAS, the "CITY" is a Texas home rule municipal corporation (`City'), acting through its duly authorized City Manager or designee (`City Manager'); WHEREAS, the "YMCA ", is a Texas non - profit corporation organized as a tax exempt charitable organization under Internal Revenue Code section 501 -3(C) and existing in good standing under the laws of the State of Texas; WHEREAS, the CITY owns and maintains T.C. Ayers Pool 926 Coke St. and adjacent grounds in Corpus Christi, Nueces County, Texas ( "Premises "); WHEREAS, the CITY and YMCA wish to enter into an Agreement for YMCA to use the Premises at T.C. Ayers Pool and adjacent grounds 926 Coke St for a swimming program; WHEREAS the CITY wishes to bring summer camp participants from Ben Garza Gym, 1815 Howard, and Solomon Coles Recreation Center, 924 Winnebago, to T.C. Ayers Pool and adjacent grounds 926 Coke St for recreational swim; NOW, THEREFORE, City and YMCA, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Initial Term. Subject to the remaining terms and conditions hereof, City agrees to provide YMCA with use of T.C. Ayers Pool and adjacent grounds located at 926 Coke St beginning on the June 5, 2012, and terminate August 11, 2012. This lease may be renewed for up to two additional summer periods upon written agreement of the City Manager and YMCA Executive Director. Use during the renewal periods is subject to the same terms and conditions set forth herein. Section 2. Contact Person /Agreement Administrator. For this agreement the CITY's contact person and Agreement administrator is the Director of Park and Recreation ( "Director ") or the Director's designee. Section 1 Premises and Improvements. The CITY under agreement with the YMCA will provide the Premises, as described and delineated in Exhibit "A ", which is attached and incorporated in this Agreement by reference, and including, without limitation, all other 1 improvements to the Premises ( "Improvements "), such as the fences, irrigation systems, and the grassed areas. The CITY will turn the Premises over to the YMCA on June 5, 2012. The City will present the YMCA a pool that is clean and in operating condition. The YMCA will return the property at the end of the Agreement to the CITY. The property will be presented by the YMCA in clean operating condition and as originally presented; less wear and tear of summer use. Section 4. Consideration. In consideration of the CITY's grant of use of CITY property known as T.C. Ayers Pool as described in Exhibit "A ", the YMCA will operate a swimming program free to the public within the dates of June 5, 2012 through August 11, 2012at the T. C. Ayers Pool, with minimum operation hours of 1:00 p.m. to 4:45 p.m., Tuesday through Saturday. YMCA shall notify Parks Director prior to any changes to YMCA hours of operation. As additional consideration, YMCA must maintain the Premises and all Improvements in accordance with all maintenance rules, with respect to this Agreement, set out by the City Manager 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 the Agreement. At a minimum, maintenance includes: A. YMCA shall pick up and properly dispose of litter on a daily basis during YMCA's exclusive use periods; B. YMCA must immediately report any vandalism occurring at the Premises to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; C. YMCA must ensure, at all times, that parking by YMCA staff and participants is confined to designated parking areas only; D. The City shall provide normal, scheduled mowing of the grassed areas of the Premises; however, YMCA shall treat, or otherwise eliminate, during the term of this Agreement any grass or weeds that grow through cracks in the concrete and pool decking inside the fenced areas of the Premises; E. YMCA will perform a chemical check of the pool's water every two hours during YMCA's exclusive use periods to ensure that the pool water meets the standards found in the City's Code of Ordinances, Section 23 -57, as amended, copy attached as Exhibit C. Following the conclusion of each chemical check, YMCA must ensure that the Park Operations Division of the City's Park and Recreation Department is notified so that Park Operations staff may make any necessary chemical adjustments in the quality of the pool's water. The City will perform chemical checks and chemical adjustments of the pool's water at all other times during the term of the Agreement; F. YMCA will maintain a daily chemical log, including the times at which pool chemical checks are made and related results of each chemical check, during YMCA's exclusive use periods; 2 G. YMCA will vacuum (with YMCA supplied vacuum) the pool, remove debris from the water, and sweep the pool area as needed during the YMCA's exclusive pool use periods. H. YMCA will inspect the pool's restrooms daily during YMCA's exclusive use periods; I. City will provide the following equipment: Backboard, oxygen, and guard chairs. YMCA will provide all other equipment required by Section 23 -57 as well as life vests, and guard equipment. J. YMCA will clean and disinfect the pool's restrooms daily during YMCA's use of pool. Section 5. Joint Use. A. The City retains joint use of the Premises and Improvements during the term of this Agreement, subject to YMCA's right to exclusive control of the Premises during its use for swimming program purposes ( "exclusive use periods "). B. Participants from the Ben Garza Gym and Solomon Coles Recreation Center summer programs will utilize T.C. Ayers Pool for open swim at no charge. Site supervisors from each facility will contact the YMCA each week to indicate the approximate number of participants who will visit the pool during the summer programs. However, YMCA may charge a user fee of $3.00 per child to other large organized groups with 30 or more swimmers who use the pool as a field trip or organized group activity. Section 6. Primary Purpose. YMCA must establish and maintain a swimming program free to the public with the primary purpose being the use of the swimming pool and for no other purpose without the Director's prior written approval. Section 7. Hours of Operation. YMCA will operate the pool, at a minimum, from Tuesday through Saturday from 1:00 pm to 4 :45 pm. Section 8. Operating Safely. A. YMCA covenants that it will operate the Premises in a safe manner. YMCA shall at all times when pool is open for public use have on duty at least two (2) lifeguards who hold an American Red Cross advanced life- saving certificate. YMCA shall be responsible for ensuring compliance by itself and its agents, representatives, and employees with the water safety and equipment provisions prescribed in the City's Code of Ordinances, Sections 23- 57(5), (6), and (8), as amended, and Section 23 -58, as amended, during YMCA's exclusive use periods. Section 23 -57 and Section 23 -58 are attached as Exhibit C. B. In addition to the above, YMCA shall have on the Premises, at all times during its exclusive use periods, at least one spinal backboard capable of carrying an adult. 3 Section 9. Sims. A. YMCA shall 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. One week prior to YMCA's exclusive use of the facility, YMCA will deliver a list of signs to be posted at the facility for Director's review and approval. B. If YMCA signs are approved, the Director, in writing, may require YMCA to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or re- painted within ten (10) days of Director's written demand, City may do or cause the work to be done, and YMCA will pay City's costs within thirty (30) days of receipt of Director's invoice. Section 10. Advertising. The Director has the right to prohibit any advertising by. YMCA which impairs the reputation of the Premises or the CITY. Section 11. Security. YMCA shall contract and pay for any and all security it requires during its hours of operation for the term of this Agreement. Section 12. Inspection and Maintenance. A. The City shall maintain the mechanical equipment and facility structure of the T. C. Ayers Pool during this Agreement. The City Manager or the Director, or their respective designee, has the right to inspect the Premises at any time. B. The YMCA has the right to request in writing compliance for the proper maintenance of the mechanical equipment and facility structure of the pool. The CITY will respond in regard to the actions to be taken and appropriate deadlines for the action within five business (5) days after receipt of the request. YMCA may, with the CITY's prior written permission, undertake the maintenance repairs; and in such event, the CITY shall pay YMCA's reasonable costs within 30 days of receipt of invoice. Section 13. Non - Discrimination. YMCA and CITY 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 related to this Agreement, 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 Director and/or YMCA C.E.O. retain the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 14. Compliance with Laws. A. YMCA and CITY must comply with all applicable Federal, State, County, and City laws, rules, regulations, and ordinances which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the CITY Charter. 4 B. All actions brought to enforce compliance will be brought in. Nueces County, State of Texas where this Agreement was executed and will be performed. Section 15. Noncompliance Costs. Noncompliance with the terms of this Agreement may result in termination of this Agreement and repossession of the Premises and its Improvements by City or its agents. If City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, YMCA shall pay all CITY's court costs and expenses, including reasonable attorneys' fees. Section 16. Indemnity. YMCA must fully indemnify, save and hold harmless the CITY, its officers, employees, and agents (collectively herein referred to as "Indemnitees ") against any and all liability, damage, loss, claims, expenses, costs, judgments, demands and actions of any nature whatsoever on account of injury or damage to person (including, without limitation on the foregoing, premises defects, workers compensation, and death claims), or property loss or damage of any kind whatsoever 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, wither proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Indemnitor's officers, employees, agents, representatives, servants, contractors, patrons, licensees, or invitees entering upon the Premises for swimming program - related activities undertaken pursuant to this Agreement; or when any said injury or damage is the result, proximate or remote, in whole or in part, of the violation by Indemnitor, or any Indemnitor's agents, representatives, servants, employees, contractors, patrons, licensees, or invitees of any law, ordinance or governmental order of any kind. YMCA covenants and agrees that if Indemnitees, or any of them, are made a party to any litigation against YMCA or in any litigation commenced by any party, other than YMCA relating to this Agreement, YMCA shall upon receipt of reasonable notice regarding commencement of litigation and its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend Indemnitees, or any of them, in all actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of attorney's and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action, Section 17. Insurance. A. YMCA must secure and maintain at YMCA's expense, during the term of this agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit "B," which is attached to this Agreement and incorporated in this Agreement by reference. B. YMCA must provide proof, by Certificate of Insurance meeting the limits and requirements set out Exhibit "B ", to the Director and Risk Management prior to commencing use of the Premises or joint operation of programs under this agreement. C. YMCA must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverage required in this 5 Agreement. D. YMCA shall, during the term of this Agreement, provide copies of all insurance policies to the City Manager or the Director upon request. E. YMCA shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 9.A. set out in this Agreement. (exclusive to T.C. Ayers pool) F. Failure to maintain such insurance at the limits and requirements shown on Exhibit `B" constitutes grounds for termination of this Agreement. Section 18. No debts. CITY or YMCA must not incur any debts or obligations on the credit each others behalf during the term of this agreement. Section 19. Termination. A. Either the City or YMCA may terminate this Agreement without cause by giving thirty (30) days written notice to the non - terminating party. B. If there is noncompliance with one or more of the provisions contained herein, either party may give written notice to the other party to cure or begin curing the default(s) within ten (10) days of receipt of notice. If there is not compliance or substantial compliance with each provision identified within ten( 10) days of receiving said notice, the complying party may terminate this Agreement for cause by providing written notice of termination to the non- complying party and listing one or more areas of continued noncompliance. Section 20. Notice. A. All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or (3) by fax transmission. B. 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. Notice by fax transmission will be deemed effective upon transmission will be deemed effective upon transmission, with proof of delivery. C. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Park & Recreation P.O. Box 9277 Corpus Christi, TX 78469 Fax Number: 826 -3864 IF TO YMCA YMCA of the Coastal Bend Attn: Jim Scoville, Executive Dir. 417 S. Upper Broadway Corpus Christi, TX 78401 Fax Number: 882 -1427 6 D. Either party may change the address to which notice is sent by using a method set out above. All parties will notify each other of an address change within thirty (30) days after the address is changed. Section 21. Reporting. YMCA shall submit annual reports to the Parks Director, listing the number of participants of its swimming program, during the term of this Agreement. CITY shall submit annual reports to the YMCA Executive Director, listing the number of participants during the term of this Agreement. The reports are due by September 15th of each Agreement year. Section 22. Construction and Reconstruction Funds. A. If the City receives funds to construct or reconstruct Improvements at the Premises, YMCA covenants to vacate the portion or portions, up to and including the entirety, of the Premises involved in the construction or reconstruction, should the director deem it necessary, upon thirty (30) days written notice from the Director. The Director, in his sole discretion, shall make the determination as to the size and dimensions of the portion or portions to be vacated with a consideration toward the safety of participants. B. YMCA has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. City has no obligation to provide an alternate location for YMCA during the Improvements construction or reconstruction period. The consideration for YMCA relinquishing all rights to use the Premises and Improvements during the construction and reconstruction period is the City's construction or reconstruction of the Improvements for YMCA's benefit. Once construction or reconstruction of the Improvements is complete, the Director will notify YMCA, in writing, of the date on which the Premises and Improvements are once again available to YMCA. YMCA's term will not change nor increase if the City requests YMCA to vacate the Premises as set out herein. Section 23. Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the wavier of any provision will be valid unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 24. 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 its rights hereunder. No waiver of any covenant or condition of this Agreement 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. B. If any action by the YMCA 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 or approval of the same or any other action at any other occasion. Any waiver or indulgence of YMCA's default of any provision of the Agreement shall not be considered an estoppels against the City. 7 C. It is expressly understood that, if at any time YMCA is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of any rights and remedies which the City may at any time avail itself of said rights and remedies or elect to terminate this Agreement on account of said default. Section 25. Force Majeure. No party to this Agreement will be liable for failures and 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 26. Assignment and Sub Agreement. This Agreement may not be, in whole or in part, assigned, transferred, or subject directly or indirectly without the prior written consent of the City. Section 27. Publication. YMCA agrees to pay the cost of the newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 28. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. Section 29. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement or by a final judgment of a court competent jurisdiction, then the remainder of this Agreement, or the application of said term or provisions or circumstances other than those as to which is held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite intent of this Agreement 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 Agreement or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement 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 Agreement automatically. Section 30. Participant Release forms. YMCA shall include the City of Corpus Christi, its officers, agents, employees, in the list of Released Parties on the YMCA Participant Release form if the YMCA participant will be using the City facilities described herein for a YMCA sponsored program. 8 Section 31. No warranty of quiet enjoyment. Lessor does not warrant that YMCA shall peaceably and quietly have, hold and enjoy the Premises for the term mentioned in the lease. Section 32. Appropriation of Funds. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. This Agreement may be terminated by the City without penalty if sufficient funds are not appropriated to meet the City's obligations herein. Section 33. Utilities and Trash Pickup. City shall be responsible for payment of electric, water, wastewater and gas utilities for the Premises. YMCA is responsible for contracting and payment for trash pickup services. Section 34. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the CITY and YMCA for the purpose granted. All other agreements, promises, representations , and understandings, oral or otherwise, which reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and relating to YMCA'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 this 1°1 day of By: q°_,,v1 / , -I Lisa Aguilar, A..tant City Attorney For City Attorney YOUNG ME 'CHRIST By: Nam :s2-e( .c- Q I4 ►!ASSOCIATION OF THE COASTAL BEND // 2012 9 Date: c3q—ci' 2012 STATE OF TEXAS COUNTY OF NUECES § Before me, on this day personally appeared(G�w,- OfAir� e ! 11)) e- who, by either personal knowledge or by proof of identification, is known to me to be the person whose name is subscribed to the foregoing instrument and hereto acknowledged to me that he executed the same for the purpose and consideration and in t e capacity therein expressed. Given under my hand and seal of office this tt ' day of * "•�s M. ISABEL HUERTA • Notary Public OF TEXAS 0 e ' My Comm. EExp. 0?-17-2013 , 2012. 3-4.10 Notary Pu lie, State o exas i� )bJUtt 1-4, Printed Name Commission expires: 6'7. 0'7, 7v/ 3 10 EXHIBIT A MARTIN LUTHER KING W. ir I ir: ; : :, EXHIBIT B INSURANCE REQUIREMENTS SECTION I. YMCA'S LIABILITY INSURANCE A. YMCA must not commence work under this permit until all insurance required herein has been obtained and the insurance has been approved by the City. YMCA must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. YMCA 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 an 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. .1.4agr. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsements Bodily Injury and Property Damage Per occurrence / aggregate limit 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 Auto Liability 1. Owned Vehicles 2. Hired & Non -owned Vehicles At a minimum $25,000 per person 1$50,000 per occurrence for Bodily Injury and $25,000 for property damage WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required when YMCA employs any person other than himself /herself: MUST COMPLY WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,0001$500,000 /$500,000 11 C. In the event of accidents of any kind related to this agreement, YMCA must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A. YMCA must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. YMCA's financial integrity is of interest to the City; therefore, subject to YMCAs right to maintain reasonable deductibles in such amounts as are approved by the City, YMCA shall obtain and maintain in full force and effect for the duration of this agreement and any extension hereof, at YMCA'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). YMCA 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. YMCA shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. YMCA 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 12 • 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, YMCA shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend YMCA'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 YMCA'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 YMCA to stop work hereunder, and/or withhold any payment(s) which become due to YMCA hereunder until YMCA demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which YMCA may be held responsible for payments of damages to persons or property resulting from YMCA's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that YMCA's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2012 YMCA Use of iC Ayers pool ins. req. 3 -5 -12 ep Risk Mgmt. 13 Exhibit C Sec. 23 -57. Swimming pool standards. The following rules pertaining to swimming pools shall be in full force and effect: (1) Definitions. For the interpretation and enforcement of these regulations the following definitions shall apply: (a) "Property swimming pool ": Any swimming pool, other than a private pool appurtenant to a single - family, duplex, condominium, or townhouse residence used only by the occupants of the residence and their guests. (b) "Swimming pool ": Any structure or excavation more than twenty -four (24) inches in depth, either indoors or outdoors, used or suitable to be used for bathing or swimming purposes, together with buildings, equipment and appurtenances used in connection therewith. (c) "Wading pool ": An artificial pool with a maximum depth of twenty -four (24) inches intended primarily for use by children, requiring recirculation and chlorination. (d) "Turbidity ": CIouded or cloudy; not clear or translucent; muddled; not lucid. (2) Unsanitary pools declared a public nuisance. Failure of any person responsible therefor to maintain any swimming pool or wading pool, including private residential pools, in a safe, sanitary condition is hereby prohibited and declared to be a public nuisance within the City of Corpus Christi, Texas. (3) Inspections; fee, (a) Inspections. Any authorized representative of the health department of the City of Corpus Christi, Texas, may enter upon any and all parts of the premises of such swimming places, to make examinations and investigations of the sanitary conditions of such places and of such compliance with the provisions of these regulations. Property swimming pools that were in operation before the adoption of the swimming pool ordinance shall have a maximum of one year from the date the ordinance passed in which to comply with said ordinance. Failure to comply within the time stated shall constitute grounds for the immediate closing of the swimming pool until satisfactory compliance is achieved. (b) Inspection fee. An annual inspection fee of one hundred twenty -five dollars ($125.00), payable on or before April 1 of each year, must be paid for each property swimming pool. The director of public health shall establish procedures for collecting the fee. No person may operate a property swimming pool unless the pool's annual inspection fee has been paid. Each day of operation in violation of this section constitutes a separate offense. (4) Physical quality; disinfection and pH. (a) Physical quality of water. The surface of the pool water shall be kept free of scum and foreign floating matter. The bottom and sides of the pool shall be maintained free of sediment, dirt, slime and algae. Water in the pool shall be maintained free of turbidity at all times. The water, at all times, shall be sufficiently clear to permit a black disc six (6) inches in diameter on a white field, when placed on the bottom of the pool at the deepest point, to be clearly visible from the deck of the pool at all distances up to ten (10) yards measured from a line drawn across the pool through the disc. (b) Facilities. Areas surrounding pools, including bathhouses, dressing rooms, toilets, shower stalls, and lounging areas shall at all times be kept clean and in a state of proper 14 repair. (c) Disinfection. A minimum of not less than 0.2 ppm and a maximum of 0.5 ppm residual chlorine shall be maintained at all times. If other chemical means of water purification are used, comparable levels must be maintained at all times. When cyanuric acid is used as a stabilizer the range of available chlorine should be 1.0 to 1.5 ppm corresponding to acid levels of 25 to 45 ppm. (d) pH. Water pH shall be maintained at a level of 7.2 to 7.6. (e) Bacterial quality. Not more than twenty (20) per cent of the culture tubes of single samples tested shall show the presence of coliform organisms or not more than four (4) coliform organisms shall be present in one hundred (100) milliliters of any single sample tested, (f) Health hazard and/or public nuisance. During the period of inactivity, if the pool remains uncovered, standards which will not permit a health hazard and/or public nuisance to exist must be maintained, water pH from 7.2 to 7.6 and a chlorine residual of 0.2 to 0.5 ppm, available chlorine, and free from turbidity and algae. However, canvas or other suitable type of covering strong enough to support a person of two hundred (200) pounds, properly staked, may be employed during periods of inactivity in Lieu of the above standards. (5) Safety requirements; lifesaving equipment. (a) Swimming pools operated primarily for unorganized use and having an area of more than two thousand two hundred and fifty (2,250) square feet of water surface area shall be provided with an elevated lifeguard platform or chair. In pools with four thousand (4,000) square feet or more of water surface area, additional elevated chairs or stations shall be provided, located so as to provide a clear, unobstructed view of the pool bottom in the area under surveillance. (b) One (1) unit of lifesaving equipment shall consist of a ring buoy not more than fifteen (15) inches in diameter to which shall be attached a sixty -foot length of three- sixteenths- inch rope, and a life pole or shepherd's crook type of pole having blunted ends with minimum length of twelve (12) feet. Not less than one (1) unit of equipment, as above, shall be provided at every property swimming pool. One unit shall be presumed to be adequate for two thousand (2,000) square feet of water surface area, and one (1) additional unit shall be provided for each additional two thousand (2,000) square feet or major fraction thereof of water surface area where there is no lifeguard on duty. (c) A standard twenty - four -unit first aid kit shall be readily accessible to every swimming pool and directions to the location of said kit shall be posted in such a manner as to be clearly visible from the pool deck and protected against the elements. (d) Lifesaving equipment shall be mounted in conspicuous places, distributed around swimming pool deck, at lifeguard chairs, or elsewhere, readily accessible, its function plainly marked and kept in repair and ready condition. Bathers or others shall not be permitted to tamper with, use for any purpose other than its intended use, or remove such equipment from its established location. (e) Where no lifeguard service is provided, a warning sign shall be placed in plain view and shall state "Warning - -No Lifeguard on Duty" with clearly legible letters at least four (4) inches high. In addition, the sign shall also state "No children allowed without an adult present ". (f) There shall be a telephone readily accessible to every swimming pool. Telephone 15 numbers of the nearest ambulance station and physician's office shall be posted near the telephone. Directions to the location of said telephone shall be posted in such a manner as to be clearly visible, form the pool deck and protected against the elements. (g) In above ground pools, the stile shall be removed when the pool is not in use. (h) There shall be a diagrammatic illustration of artificial respiration procedures posted at every swimming pool in such a manner as to be clearly visible from the pool deck and protected against the elements. (6) Depth warning signs at privately and publicly owned bathing places. Every person owning or controlling any bathhouse, bathing pier or swimming pool within the city, where persons are permitted to bathe, whether a fee or charge is made therefor or not, shall place upon such bathhouse, pier or pool at distances not more than fifty (50) feet apart, and in conspicuous places, signs showing the usual depth of the water or the depth at low tide at that point, and warning the public from jumping or diving into the water if the depth is too shallow, and shall also place in each dressing room of such establishment signs warning the public against diving or jumping into the water at any point except where there is sufficient depth of water designated by proper signs under the provisions hereof. (7) Applicability of subsections (4) through (6) to certain bathhouses, piers or swimming pools. Nothing in subsections (4) through (6) of this section shall be construed so as to apply to bathhouses, piers or swimming pools used exclusively by the owner thereof and his family. (8) Pool enclosure required. (a) All swimming pools and wading pools shall be completely enclosed by a fence, wall, or screen enclosure not less than four (4) feet in height. A building may be used as a part of such enclosure. All doors or gates in such enclosure which are accessible to the general public shall be equipped with self- closing and self - latching devices which operate to keep the gate or door securely closed at all times when not in actual use. Fences and walls of such enclosure shall be so designed as to eliminate any openings, holes, or gaps in such enclosure which would permit the passage of a sphere six (6) inches in diameter. Pools completely enclosed within buildings to which access by the general public is controlled, pools constructed above the ground floor of buildings to which access by the general public is controlled, or pools maintained within completely fenced or enclosed apartment complexes equipped with self - closing and self - latching devices on all gates or doors leading directly to the pool area accessible to the general public, shall be considered to be in compliance with the requirements of this subsection. City of Corpus Christi building inspectors may make determinations that natural barriers or obstructions such as bays, rivers, cliffs, seawalls or bulkheads are sufficient to be used as part of a pool enclosure under this subsection. (b) No final inspection shall be approved on any swimming pool or wading pool constructed after the effective date of this section unless, upon final inspection by the building division, the inspector is satisfied that the enclosure requirements of this section have been met. (c) No swimming pool or wading pool in existence prior to the effective date of this section shall be maintained in existence without being brought into compliance with subsection (a) of this section after six (6) months from the effective date of this section. (d) Maintenance of any swimming pool or wading pool in violation of the provisions of this 16 section is prohibited, and any such pool is declared to be a public nuisance within the City of Corpus Christi, Texas. Violation of this section is declared to be a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) for each . day of violation, and each day of violation is declared to be a separate offense. (Code 1958, § 9 -3; Ord. No. 13540, § 1 (A), 12 -29 -1976; Ord. No. 18544, §§ 1, 2, 11 -6 -1984; Ord. No. 20492, § 1, 10 -11 -1988; Ord. No. 20636, § 1, 3 -28 -1989; Ord. No. 24532, § 3, 7 -24 -2001; Ord. No. 025869, § 1, 7 -27 -2004; Ord. No. 026902, § 1, 7 -25 -2006) Sec. 23 -58. Lifeguard required at publicly owned bathhouse or public swimming pool. Any person operating a public bathhouse or public swimming pool within the city where bathing or swimming facilities are being made available to the public for a charge of money shall at all times when same is in operation have on duty at least one lifeguard who holds a Red Cross advanced life- saving certificate. 17 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Calallen ISD Interlocal agreement for transportation of youth during Summer 2012 CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. BACKGROUND AND FINDINGS: The Interlocal Agreements between the City of Corpus Christi and Calallen Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all interlocal agreements. EMERGENCY / NON - EMERGENCY: non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,400 Encumbered / Expended Amount This item BALANCE $2,400 Fund(s): General Fund, Latchkey Comments: FY12 funds for summer transportation budgeted in General Fund. RECOMMENDATION: Staff recommends approval of interlocal agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. 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 Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2of2 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 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Calallen Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $100.00 per bus and provide District - employed school bus drivers to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $100.00 per bus per round trip. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 1 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Calallen ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to legal form April 2, 2012. By: X) Lisa Aguilar, A siistant City Attorney for City Attorney 2 CALALLEN INDEPENDENTSCHOOL DISTRICT By: c\i,.ki-k).3. a) M1 Name: Title: .0 .,n,4 vv� eva Date: ,F.1� 3 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com CCISD Interlocal agreement for transportation of youth during Summer 2012 CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. BACKGROUND AND FINDINGS: The Interlocal Agreements between the City of Corpus Christi and Corpus Christi Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all interlocal agreements. EMERGENCY / NON - EMERGENCY: non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $13,871 Encumbered / Expended Amount This item BALANCE $13,781 Fund(s): General Fund, Latchkey Comments: FY12 funds for summer transportation budgeted in General Fund. RECOMMENDATION: Staff recommends approval of interlocal agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. 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 Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 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 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of District school campuses, a Calallen Independent School District school campus and a Flour Bluff Independent School District school campus, and the City also sponsors youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $2.00 per mile and provide District - employed school bus drivers at fixed rate of $20.00 per hour to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $2.00 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. Additionally, the City shall pay the District for District - employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 1 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager 2 Approved as to legal form April 2, 2012 By: o,•vrt= Lisa Aguilar, Assi for City Attorney nt City Attorney CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Name. D. Scott Elliff Title: Superintendent of Schools Date: 3 DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403 -0110 Approved as to Legal Form By: Date: t --to M2.atz.. John J. Janssen General Counsel for CCISD Reviewed and Approved for Purchasing Compliance By: disp,41 Bria r: a/ • i o 1r+ M. asing and Distribution Date: 4/2-- AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Flour Bluff ISD Interlocal agreements for transportation of youth during Summer 2012 CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. BACKGROUND AND FINDINGS: The Interlocal Agreements between the City of Corpus Christi and Flour Bluff Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all interlocal agreements. EMERGENCY / NON - EMERGENCY: non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,815 Encumbered / Expended Amount This item BALANCE $1,815 Fund(s): General Fund, Latchkey Comments: FY12 funds for summer transportation budgeted in General Fund. RECOMMENDATION: Staff recommends approval of interlocal agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. 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 Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 2, 2012 Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor Page 2of2 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 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Flour Bluff Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District school campus, Flour Bluff Independent School District campus during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $4.83 per mile to transport the Summer Program participants from their respective campuses to the various activity sites; NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District- employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. The City shall pay the District $4.83 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus 1 maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Flour Bluff ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation by the City for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager 2 Approved as to legal form April 2, 2012. By: 'es.. Lisa Aguilar, Assi nt City Attorney for City Attorney FLOURR BLUFF INDEPENDENT SCHOOL DISTRICT By: Ol.ag 6.01N. Name: NILE. MEG o w� Title: -Trails. Date: '-k • S- tot?... 3 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 24, 2012 Ronald L. Olson, City Manager FROM: Toby Hammett Futrell Interim Assistant City Manager 826 -3082 TobyF @cctexas.com Chamber of Commerce Base Closure Task Force Efforts CAPTION: Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. PURPOSE: The South Texas Military Facilities Task Force (STMFTF), being reinstated by the Corpus Christi Chamber of Commerce, plans to spend $300,000 over the next 18 months in a quest to keep Corpus Christi military bases open and save jobs. The money will be spent on consultants, materials, travel and research. We believe these expenditures are necessary to compete with other areas of the nation as they make the case to keep their own military bases. The Chamber is asking that the City of Corpus Christi invest $25,000 in 2012 and $75,000 in 2013 to help keep our bases. Our intention is to obtain investments from various municipalities, counties, the Port and the private sector. The Chamber's pledge is to be transparent in their use of the investments by allowing total access to their books. The Chamber will also place all STMFTF funds in a separate bank account so that the funds will not be co- mingled with Chamber operating funds. BACKGROUND AND FINDINGS: President Obama and Secretary of Defense Panetta have both indicated that there will be a reduction in military spending over the next several years. Because of the anticipated downsizing of the military, the Corpus Christi Chamber of Commerce is reinstating the South Texas Military Facilities Task Force (STMFTF) to protect the region's economy and jobs. According to the military, the Corpus Christi Army Depot and Naval Air Station Corpus Christi total over 8,000 jobs with an economic impact of $3.8 Billion. In addition, Naval Air Station Kingsville reports that it has 2,000 jobs with an economic impact of almost $300 million. The loss of all or part of the total of 10,000 jobs and the over $4 Billion of economic impact would be devastating to all of South Texas. The STMFTF is chaired by Wes Hoskins and its members are Loyd Neal, Dick Messbarger, Joe Guzman, Sandy Sanders, Darrell Coleman, Garry Bradford and Mark Scott. ALTERNATIVES: None. This is the preferred model. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This reflects the prior model used successfully in previous proposed military base closures or reduction in military spending. EMERGENCY / NON- EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Legal & Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 90,059.05 75,000.00 165,059.05 Encumbered / Expended Amount 43,867.84 43,867.84 This item 25,000.00 75,000.00 100,000.00 BALANCE 21,191.21 0.00 21,191.21 Fund(s): General Fund Comments: None. RECOMMENDATION: Staff recommends the City of Corpus Christi invest $25,000 in 2012 and $75,000 in 2013 in the Corpus Christi Chamber of Commerce's STMFTF to help keep our military base open. LIST OF SUPPORTING DOCUMENTS: Resolution authorizing expenditure Corpus Christi Chamber of Commerce Letter & Attachment Dated May 2, 2012 Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. Whereas, the Corpus Christi Army Depot and Naval Air Station Corpus Christi total over 8,000 jobs with an economic impact of $3.6 billion; Whereas, the Naval Air Station Kingsville reports it maintains 2,000 jobs with economic impact of almost $500 million; Whereas, the loss of all or any part of the total 10,000 jobs and over $4 billion of economic impact would be devastating to entire South Texas region; Whereas, in response of anticipated reduction in military spending and anticipated downsizing of the military, the Corpus Christi Chamber of Commerce has reinstated the South Texas Military Facilities Task Force to protect the region's economy and jobs; Whereas, the South Texas Military Facilities Task Force plans to spend $300,000 on consultants, materials, travel and research over the next 18 months to keep our bases and save jobs; Whereas, the South Texas Military Facilities Task Force requests monies from various municipalities, counties, the Port and the private sector, to be used for consultants, materials, travel and research, which are necessary expenditures to compete with other areas of the nation; Now, therefore, be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That the expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 are authorized to be paid to the South Texas Military Facilities Task Force for consultants, materials, travel and research over the next 18 months to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. 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 AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: April 24, 2012 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredS(a�cctexas.com Authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International CAPTION: Resolution authorizing the City Manager or designee to negotiate and execute future Memoranda of Agreement with the Federal Aviation Administration (FAA) for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport to be paid from funds that will awarded under future Federal Aviation Administration Grant Nos. 49 and 50. PURPOSE: Corpus Christi International Airport's Runway Safety Project is a very complex and time - sensitive project that will require quick approval of various memorandums of agreements (MOAs) between the Airport and the FAA. The MOAs will provide for technical services from the FAA that are integral to the Safety Project. In some instances, the FAA may require the MOAs to be executed and returned to the agency within a matter of days. Airport Staff is requesting City Council authority for the City Manager to approve these agreements. BACKGROUND AND FINDINGS: The Runway 17/35 Extension, Phase I and Runways 13/31 Extension Phase 1 Projects are Federal Aviation Administration (FAA) and Department of Aviation priorities that will address safety issues resulting from runway incursion incidents. A runway incursion is an incident where an unauthorized intrusion occurs into a runway by an aircraft, vehicle, person or object that creates a collision hazard. The FAA has committed to a multi -year, multi -grant improvement project that will mitigate the safety concerns. As a result of the time - sensitive nature of the Runway Safety Project and current FAA funding cycle, Staff is requesting prior approval to execute the MOAs. The MOA's will be funded by future FAA Grants 49 & 50 which will formally be presented to the City Council in August, 2012 and August, 2013 timeframe respectively. All appropriation of funds requires approval by the City Council after grant award from the FAA. ALTERNATIVES: No viable alternative exists other than foregoing the project. The FAA must conduct these services in order for the project to continue and mitigation of the identified safety concerns. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,286,000 $4,272,500 $29,337,500 $34,896,000 Encumbered / Expended Amount $1,286,000 $811,217 $2,097,217 This item n/a n/a n/a BALANCE 0 $3,461,283 $29,337,500 $32,798,783 Fund(s):Airport CIP Grant Fund, Airport CIP Capital Reserve Fund Comments: The Department of Aviation is required to match 10% of the MOA RECOMMENDATION: Staff recommends approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager- Business Development Resolution authorizing the City Manager or designee to negotiate and execute future Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with the Runway Safety Project at Corpus Christi International Airport subject to funding to be awarded under future Federal Aviation Administration Grant Nos. 49 and 50. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to negotiate and execute future separate Memoranda of Agreement with the Federal Aviation Administration for FAA technical services associated with the Runway Safety Project at Corpus Christi International Airport subject to funding received under Federal Aviation Administration Grant Nos. 49 and 50 in order to meet time sensitive deadlines and to execute all related documents. A copy of each Agreement will be filed in the City Secretary's Office. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 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 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 25, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb(c�cctexas.com; 826 -3729 Fred Segundo, Director of Aviation fredscctexas.com; 289 -0171 Approval of Resolution: Multiple Use Agreement with Texas Department of Transportation CAPTION: Resolution authorizing the City Manager, or designee, to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for 1) the construction and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations; and 2) the lowering and /or relocation, and maintenance of light poles and signage in State Highway (S.H.) 44 right -of -way. PURPOSE: To determine respective responsibilities of the City of Corpus Christi and the State of Texas. BACKGROUND AND FINDINGS: The planned construction of the 600 -foot extension of Runway 17 -35 to the north will include the installation of a runway lighting system and the lowering of light poles within the Runway Protection Zone (RPZ) which will extend north of the airport and will encompass a section of the TxDOT right of way (S.H. 44). The City of Corpus Christi has requested the State of Texas to permit the construction, operation and maintenance activities within portion of RPZ located within the State Highway right -of -way as described below: A. Construction, operation and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations in the median between Highway 44 main lanes and the service roads. B. Lowering and /or relocation, operation and maintenance of sixteen (16) light poles and one (1) sign. ALTERNATIVES: 1. No other alternatives were evaluated because the MALSR will be provided by Federal Aviation administration (FAA). OTHER CONSIDERATIONS: The State of Texas has indicated its willingness to approve such facilities and other uses as long as such facilities and uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility. CONFORMITY TO CITY POLICY: Conforms to statutes regarding agreements between the State of Texas and municipalities. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital XNot 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: City Staff recommend the approval of the Multiple Use Agreement with the Texas Department of Transportation. LIST OF SUPPORTING DOCUMENTS: Location Map File : \ Mproject \councilexhibits \exhE11046b.dwg DcooLDRFCES P F M. 624 LRGH Jv UTCES BAY Up Al \ oGL ROAD ,� CORPUS C3 -l'RIS rI 'RAY CC McGL01N RD LOCATION MAP NOT TO SCALE HWY 44 MALSR SALMONS & ACCESS ROAD AGNES RD. MALSR LOCATED WITHIN TXDOT ROW A I 12 CORPUS CHRISTI / INTERNATIONAL AIRPORT ROAD PROJECT # E11046 SITE PLAN NOT TO SCALE BEAR LANE CCIA Runway 17 -35 Extension 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 a Multiple Use Agreement with the Texas Department of Transportation (TXDOT) for Construction of MALSR Light Stations in S.H. 44 right -of -way and Lowering Lights and Signage below the RWY 17 approach surface for the Corpus Christi International Airport. 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 a Multiple Use Agreement with the Texas Department of Transportation ( TXDOT) for the Construction of MALSR Light Stations in S.H. 44 right -of -way and Lowering Lights and Signage below the RWY 17 approach surface for the Corpus Christi International Airport. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO LEGAL FORM: li th day of 7' Veronica Ocanas Assistant City Attorney for City Attorney 042412 reso mua txdot's - malsr Tight stations in s.h. 44 right -of -way for ccia , 2012. 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 042412 reso mua txdot's - malsr light stations in s.h. 44 right -of -way for ccia Texas ffe Texas nt of Transportation Form 2044 (Rev. 08/11) Page 1 of 9 STATE OF TEXAS MULTIPLE USE AGREEMENT COUNTY OF TRAVIS § THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State ", party of the first part, and The City of Corpus Christi , hereinafter called City , party of the second part, is to become effective when fully executed by both parties. WHEREAS, on the body for the day of WITNESSETH City ,20 , the governing , entered into Resolution /Ordinance No. hereinafter identified by reference, authorizing the City 's participation in this agreement with the State; and WHEREAS, the City construction, maintenance and operation of a public Two Medium Intensity Approach Lighting Systems has requested the State to permit the on the highway right of way, (General description of area) in the median of State Highway 44 near the Corpus Christi Municipal Airport, between the highway main lanes and the service roads, as shown in attached Exhibit "A ", page 1; and Lowering and/or relocation, operation and maintenance of sixteen (16) light poles and one (1) sign as shown in attached Exhibit "A ", page 2. shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "B ", which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the Citv and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. Form 2044 (Rev. 06/11) Page 2 of 9 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 as hereinafter set forth, it is agreed as follows: 1. DESIGN AND CONSTRUCTION City will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. Any sidewalks, curb ramps and other pedestrian elements to be constructed, either on site or off site, by the City shall be in accordance with the requirements of Title II of the Americans With Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the City and found not to comply with ADA or TAS shall be corrected at the entire expense of the City 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 1112 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces. Parking shall be prohibited when a security threat, as determined by TxDOT, exists. Form 2044 (Rev. 06111) Page 3 of 4. PROHIBITION/SIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other •ur•oses not in kee•in• with the ob'ective of a •ublic facilit . The erection of sins other than required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. 5. RESPONSIBILITIES Maintenance and operation of the facility shall be entirely the responsibility of the City . Such responsibility shall not be transferred, assigned or conveyed to a third party without the advanced written approval of the State. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period, The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter called the Records). The City shall make the records available during the term of the Agreement and for four years from the date the Agreement is terminated, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Availability. The State or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the City 's records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. Form 2044 (Rev. 08111) Page 4 of 9 8. MODIFICATION/TERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facilit im•airin• safet �- 1- - 1• r- 1r • • - ..- _ - • 1_ 11 es a nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. 10. RESTORATION OF AREA The City shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibility under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. INDEMNIFICATION Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its governmental immunity, When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operation of the facility, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages. Form 2044 (Rev. 06111) Page 5 of 9 Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the City . Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the City shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the City to pay or disburse any sum of money hereunder. 13. HOLD HARMLESS The City shall indemnify and save harmless the State and its officers and employees from all claims and liability due to its materials or activities of itself, its agents, or employees, performed under this agreement and that are caused by or result from error, omission, or negligent act of the party or of any person employed by the party. The City shall also indemnify and save harmless the State from any and all expense, including but not limited to attorney fees that may be incurred by the State in litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of such activities by the City under this agreement. The City , its agents, or employees authorized further agrees to indemnify and save harmless the State from and against all claims, demands, and causes of action of every kind and character brought by any employee of the party against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act by either commission or omission on the part of the City . The indemnification of the State shall extend for a period of three (3) years beyond the date of termination of this agreement. 14. INSURANCE The City , shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right of way, the City 's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage during the construction of the facility. Form 2094 (Rev. 06/11) Page 6 of 9 15. USE OF RIGHT OF WAY It is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re- construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. 16. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The , City shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. 17. FHWA ADDITIONAL REQUIREMENTS If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A ", which states additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710, shall be attached to and become a part of this agreement. 18. CIVIL RIGHTS ASSURANCES The City , for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the and that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non - discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. Form 2044 (Rev. 06/11) Page 7 of 9 19. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 20. LEGAL CONSTRUCTION In case 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 provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 21. AUDIT The State may conduct an audit or investigation of any aspect of this agreement. The City must provide the State with access to any information the State considers relevant to the investigation or audit. The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the ized by this agreement. City if that service is author- 22. AUTHORITY OF STATE AUDITOR The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the 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. 23. COMPLIANCE OF THE LAW The City shall comply with all federal, state, and local law, statutes, ordinances, rules and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. 24. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Name of other party) (Mailing Address) (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 11th Street Austin, Texas 78701 -2483 City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Form 2044 (Rev. 06111) Page 8 of 9 25. WARRANTS The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. List of Attached Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C - Approved Construction Plans Exhibit D - Certificate of Insurance (TxDOT Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on the day of 20 , and the State on the day of By: , 20 STATE OF TEXAS City of Corpus Christi Executed and approved for the Texas (Name of other party) Transportation Commission for the purpose and effect of activating and /or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Title Transportation Commission. By: Printed Nanie Director, Maintenance Division Toribio Garza, Jr., P.E. Date Printed Name Date APPROVAL RECOMMENDED: District Engineer Lonnie J. 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X .. ... a .. a EXHIBIT "B" LEGAL METES AND BOUNDS-DESCRIPTION Description of two 0.0103 acre tracts of land out of the State Highway 44 right -of -way to be fenced around approach lights to serve the City of Corpus Christi and the Corpus Christi International Airport. TRACT ONE: Beginning at a point in the grassy area between the westbound lanes of State Highway 44 and the westbound service road, said point being located 124.79 feet right of State Highway 44 centerline Station 90 +77.59, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,559.02, E 1,308,771.44, the northeast corner hereof; THENCE: South 01° 20' 14.07" East for 15.00 feet to a point for corner, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,542.02, E 1,308,771.84, the southeast corner hereof; THENCE: South 88° 39' 15.93" West for 30.00 feet to a point for corner, the southwest corner hereof; THENCE: North 01° 20' 14.07" West for 15.00 feet to a point for corner, the northwest corner hereof; THENCE: North 88° 39' 15.93" East for 30.00 feet to the point of beginning and containing 0.0103 acres, more or less. TRACT TWO: Beginning at a point in the grassy area between the eastbound lanes of State Highway 44 and the eastbound service road, said point being located 90.44 feet left of State Highway 44 centerline Station 90 +99.88, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,344.30, E 1,308,743.48, the northwest corner hereof; THENCE: North 88° 39' 15.93" East for 30.00 feet to a point for corner, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,345.08, E 1,308,776.47, the northeast corner hereof; THENCE: South 01° 20' 14.07" East for 15.00 feet to a point for corner, the southeast corner hereof; THENCE: South 88° 39' 15.93" West for 30.00 feet to a point for corner, the southwest corner hereof; ENCE. Nor ih O1°- 20'-14:07" West for 15.00 feet to the point of beginning and containing 0.0103 acres, more or less. 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'1 .4 A f 43 h 11 t 2 flag al. a - h vl Y ii 4-- t! 2 t a 6 • • • r. <In, Cs 4 ,,; ;., 6 .: — ; g g.7 4 F.'.., ;-'' gy . - t .i 00 :-it '1''■i:,:.",■q'i,r6iFiT:0`1''''El;i°,riAlFV4i:tilA, ‘.;-'1,i7i,,`,.,Er,TILiJi 5i,11, ,„,„„ EXHIBIT D Certificate of Insurance (TxDOT Form 1560) CERTIFICATE OF INSURANCE jotiaras Department r rleneporferian Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on page two of this form. Copies of endorsements listed below are not required as attachments to this certificate, Form 1560 (Rev, 01112) Previous editions of this form may not be used. Page 1 012 This certificate Is Issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certificate. The terms of the policies referenced in this certificate control over the terms of the certificate. Insured: Street/Mailing Address: City /State /Zip: Phone Number: ( WORKERS' COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability: Workers' Compensation Not Less Than: Statutory - Texas COMMERCIAL GENERAL LIABILITY INSURANCE: Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Commercial General Liability Insurance Not Less Than: $ 600,000 each occurrence BUSINESS AUTOMOBILE POLICY: Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Business Automobile Policy Bodily Injury Property Damage Not Less Than: $ 600,000 combined single limit UMBRELLA POLICY (if applicable): Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy J Should any of the above described policies be cancelled before the expiration date thereof notice will be delivered in accordance with the poflcy provisions. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. Agency Name Address City, State, Zip Code ( Authorized Agent's Phone Number Authorized Agent Original Signature Date 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 § §552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. Fax completed form to: 512/416-2536 NOTES TO AGENTS; Form 1580 (Rev. 01/12) Page 2 of 2 Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre - printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike - through or cross -out the pre - printed limit. To avoid work suspension, an updated insurance form must reach the address lister♦ below one busincss day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects /contracts on this form. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service is providing insurance to the contractor /client company, list the staff leasing service as the insured and show the contractor /client company in parenthesis. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over- stamping and/or over - typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS' COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TXDOT. The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY: If coverages are specified separately, they must be at least these amounts: Bodily Injury Property Damage $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy. MAIL ALL CERTIFICATES TO: Texas Department of Transportation CST —Contract Processing Unit (RA/200 -1st FL) 125 E. 11th Street Austin, TX 78701 -2483 512/416 -2540 (Voice), 512/416 -2536 (Fax) Form 2044 (Rev. 06111) Page 9 of 9 ATTACHMENT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710. 1, Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com, 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Amendment No. 3: Peer Review Services (Construction Phase) Energy Efficient Conservation Retrofit - Major City Facilities CAPTION: Motion Authorizing the City Manager, or designee, to execute Amendment No. 3 for peer review services with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for the Energy Efficient Conservation Retrofit - Major City Facilities project. PURPOSE: To approve Stridde, Callins & Associates' proposal to review construction documents prepared by McKinstry and render construction phase engineering services for the Energy Conservation Retrofit Project. BACKGROUND AND FINDINGS: A Design /Build contract was awarded to McKinstry Essention, Inc. for the Energy Conservation Retrofit Project. The buildings and facilities selected for this retrofit based upon the potential savings include: • City Hall • Municipal Court/Police • Museum of Science and History • Central Library • American Bank Center Complex • Airport Complex • Street Lighting (Limited Scope) The audits identified upgrades to improve the energy efficiency of these buildings and facilities. Stridde, Callins & and Associates was selected to provide Peer Review Services for this project during the audit phase and the design phase. An amendment to their contract is needed for the construction phase. ALTERNATIVES: 1. Do not amend the contract with Stridde, Callins & Associates. This is not recommended. The City does not have the in -house technical energy systems expertise to oversee the construction phase of this project. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to statutes regarding request for qualifications process; FY 2011 -12 Capital Budget. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Facilities Management FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,300,000.00 $7,300,000.00 Encumbered / Expended Amount $7,000,000.00 $7,000,000.00 This item $125,000.00 $125,000.00 BALANCE $175,000.00 $175,000.00 Fund(s): Energy Efficiency CIP - Public Property Finance Contractual Obligations Comments: This amendment will be funded by the Energy Efficiency CIP fund. RECOMMENDATION: City Staff recommends the approval of Amendment No. 3 with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for peer review services during the construction phase for the Energy Efficient Conservation Retrofit - Major City Facilities project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Energy Efficient Conservation Retrofit - Major City Facilities Project No. E11102 June 12, 2012 FUNDS AVAILABLE: Energy Efficiency CIP FUNDS REQUIRED: Construction Contingencies (1.5 %) Consultant Fees: Peer Review (Stridde, Callins & Associates, Inc.)* A/E Consultant (Part of Construction) Materials Inspection and Testing (Part of Construction) $7,300,000.00 $6,950,000.00 $104,250.00 $175,000.00 $0.00 $0.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $22,000.00 Engineering Reimbursements $48,750.00 TOTAL $7,300,000.00 ESTIMATED PROJECT BUDGET BALANCE 0.00 ** *Original Contract Approved by Administrative Approval November 10, 2011. Amendment No. 2 approved March 16, 2012 and Amendment No. 3 approved April 30, 2012. \ Mproject \councilexhibits \exhE11102C.dwg RIVER PROJECT SITE MUSEUM OF SCIENCE & HISTORY NUECBS R y PROJECT SITE SELENA AUDITORIUM PROJECT SITE AMERICAN BANK CONVENTION CENTER PROJECT SITE AMERICAN BANK CENTER ARENA EN/ Y 44 AGNES PROJECT SITE AIRPORT COMPLEX PROJECT SITE POLICE /MUNICIPAL COURTS PROJECT SITE CENTRAL LIBRARY CORPUS CHRISTI B.Ay PROJECT SITE HEALTH DEPARTMENT PROJECT SITE CITY HALL £. WELTIA M &DRLE FM 2444 <TT pA' WHITECAP LOCATION MAP NOT TO SCALE PROJECT #E11102 ENERGY EFFICIENCEY CONSERVATION RETROFIT FOR MAJOR CITY FACILITIES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AMENDMENT No. 3 - AIE AGREEMENT for Consultant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home- rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer), and Stridde, Callins & Associates, Inc.., a Texas corporation or partnership, "CONSULTANT, acting through its duly authorized representative who is Scott Stridde, P,E., (name), President (Title), which agree as follows: _Original Contract Amendment No 1 Amendment No 2 Administrative Approval Administrative As proval Administrative Approval November 10, 2011 March 16, 2012 April 19, 2012 $20,000,00 $30,000.00 $0.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: Energy Services Peer Design/Submittal Review (ESCO Design/Build) (Project E11102) "PROJECT" 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit 3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B", FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, an additional total fee not to exceed $125,000.00, (One Hundred Twenty Five Thousand Dollars and Zero Cents) for a restated not to exceed fee of $175,000.00 (One Hundred Seventy Five Thousand Dollars and Zero Cents). CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager RECOMMENDED STR DDE, CA LINS & AS CIATES (Date) Scott Stridde, P.E. (Date) President 342 S. Navigation Blvd, Corpus Christi, Texas 78405-3615 (361) 883-9199 Office (361) 883-9177 Fax Daniel Biles, P.E. (Date) Interim Director of Engineering Services ting Department (Date) K TrIgneerrtg DamExchange4CW■naS1C4 Fac,Mes‘E 11102 FacA:1ies Energy Conservation - 20thStndde, Cans & Associwe.skAmervitnen1 Ni 3 dotx APPROV AS TO FORM Leq a ment of Mgmt and Budget Project Number: E11102 Funding Source: 550950-3161-00000-E11102 Amount: S125.000.00 Encumbrance Number: K ',Englneenng DalaExcPar,ge'kCiaNstzi \ FacaMeg',E11102 FacAlan Energy Cornervahon - 2011%Sirddn, CaUis AssonatetVAmendment No 3 *Der: Stridde, CaIlins & Associates, Inc. 342 S. Navigation Blvd. Corpus Christi, TX 78405.3615 Phone: (361) 883-9199 • Fax' (361) 883 -9177 Consulting Engineers Mechanical —Electrical April 23, 2012 Ms. JoeIle Francois, P.E. City Of Corpus Christi Engineering Department 1201 Leopard Street Corpus Christi, Texas 78401 RE: Energy Services Project — McKinstry Construction Documents Review and Construction Phase Engineering Services Dear Ms. Francois: The following is in response to your request for engineering service proposal to review construction documents prepared by McKinstry and render construction phase engineering services for referenced project. Also included in the proposed fee amount are services to review the detailed scope of work documents prepared by McKinstry as stipulated by amendment request dated March 2, 2012. A. Proposed Design Phase Services: 1. Review of construction documents submitted by McKinstry in effort to determine whether construction documents are in general accordance with the Energy Services Proposal dated October 14, 2011, the approved submittals, and the approved detailed scope of work. 2. Submit report and / or comments subsequent to review of construction documents indicating discrepancies between construction documents and proposal and / or submittals and / or detailed scope of work. 3. Attend meetings with City of Corpus Christi personnel and contractor personnel if required to communicate the content of report / review comments or resolve design related items of concern. B. Proposed Construction Phase Services: 1. Attend preconstruction meetings, construction meetings, and pre - commissioning meetings as requested by the City of Corpus Christi to provide general oversight and assistance with construction issues. 2. Provide technical assistance and general oversight including recommendations associated with: a. Minor (no cost) field alterations. b. Construction change orders. c. Project close -out documents. 3. Provide two (2) interim and one (1) final jobsite reviews (per site / facility) of work performed by the contractor, jobsite reviews to be made at such time desired by the. City of Corpus Christi, provided we are given adequate notice to allow scheduling of reviews. During such reviews we will assert every reasonable effort to enforce the requirements of the construction documents and protect the T:1Proposals1City of Corpus Chrisli\McKinstryCDRevCASvcs_042312.doc AMENDMENT No. 3 - A/E AGREEMENT for Consultant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home- rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and Stridde, Callins & Associates, Inc;, a Texas corporation or partnership, "CONSULTANT'', acting through its duly authorized representative who is Scott Stridde. P E., (name), President (Title), which agree as follows: Ode inal Contract Amendment No 1 Amendment No. 2 Administrative Approval Administrative As aroval Administrative As *royal November 10, 2011 $20,000.0 March 16, 2012 $30,000.00 April 19, 2012 $0.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: Energy Services Peer Design/Submittal Review (ESCO Design/Build) (Project E11102) "PROJECT". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A". 3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B" 4. FEE. The "CITY" agrees to pay the "CONSULTANT'' for services provided in accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, an additional total fee not to exceed $125,000.00, (One Hundred Twenty Five Thousand Dollars and Zero Cents) for a restated not to exceed fee of $175,000.00 (One Hundred Seventy Five Thousand Dollars and Zero Cents). CITY OF CORPUS CHRISTI STRIDDE, CALLINS & A Oscar R. Martinez Assistant City Manager RECOMMENDED ATES 3/0/12 (Date) Scott Stridde, P.E. (Date) President 342 S. Navigation Blvd. Corpus Christi, Texas 78405-3615 (361) 883-9199 Office (361) 883-9177 Fax Daniel Biles, P.E. (Date) Interim Director of Engineering Services Ming Depa dm:1r ment (Date) K DataExchang0CgarissajCity FaciMieME11102 f acilthes Energy ConseNa6on 2011%5Indde, CaIhii & AssociatooLknoodment Na 3 doca of Mgmt and Budget Project Number: EH 102 Funding Source: 550950-3161-00000-El 110') Amount: S125,000.00 Encumbrance Number: K Trugekiving DataExthange'Clanssai Oty Fac,WeV,E11102 FacAVes Energy Conservabon. 2011,,Strde, C0 a Assc,c4ateF,WnendmeN No 3 Stridde, Callins & Associates, Inc. 342 S. Navigation Blvd. Corpus Christi. TX 78405.3615 Phone: (361) 683.9199 • Fax (361) 883.9177 Consulting Engineers Mechanical — Electrical April 23, 2012 Ms. Joelle Francois, P.E. City Of Corpus Christi Engineering Department 1201 Leopard Street Corpus Christi, Texas 78401 RE: Energy Services Project — McKinstry Construction Documents Review and Construction Phase Engineering Services Dear Ms. Frangois: The following is in response to your request for engineering service proposal to review construction documents prepared by McKinstry and render construction phase engineering services for referenced project. Also included in the proposed fee amount are services to review the detailed scope of work documents prepared by McKinstry as stipulated by amendment request dated March 2, 2012. A. Proposed Design Phase Services: 1. Review of construction documents submitted by McKinstry in effort to determine whether construction documents are in general accordance with the Energy Services Proposal dated October 14, 2011, the approved submittals, and the approved detailed scope of work. 2. Submit report and / or comments subsequent to review of construction documents indicating discrepancies between construction documents and proposal and / or submittals and / or detailed scope of work. 3. Attend meetings with City of Corpus Christi personnel and contractor personnel if required to communicate the content of report / review comments or resolve design related items of concern. B. Proposed Construction Phase Services: 1. Attend preconstruction meetings, construction meetings, and pre - commissioning meetings as requested by the City of Corpus Christi to provide general oversight and assistance with construction issues. 2. Provide technical assistance and general oversight including recommendations associated with: a. Minor (no cost) field alterations. b. Construction change orders. c. Project close -out documents. 3. Provide two (2) interim and one (1) final jobsite reviews (per site / facility) of work performed by the contractor, jobsite reviews to be made at such time desired by the. City of Corpus Christi, provided we are given adequate notice to allow scheduling of reviews. During such reviews we will assert every reasonable effort to enforce the requirements of the construction documents and protect the T:IProposaislCity or Corpus ChristilMcKinstryCDRevCASvcs _042312.doc Ms. Joelle Francois, P.E. City Of Corpus Christi April 23, 2012 Page 2 of 3 related interests of the City of Corpus Christi. We will not perform exhaustive reviews, nor will we guarantee the performance of the contractor. 4. Review of requests for payment submitted by the contractor in effort 10 ascertain whether such requests are reasonable and due. Authorization of submitted pay requests when appropriate. 5. Provide technical assistance and general oversight including recommendations during assessment of award of final acceptance. C. Conditions / Exclusions: 1. Review of construction documents proposed herein is limited to determination of whether such construction documents are in general compliance with previously approved contract documents reviewed by SCA — i.e. energy calculation portion of proposal documents, submittals, and detailed scope of work. Design issues such as errors, omissions, and logistical flaws which are discovered will be included in report / review comments. SCA will endeavor to discover such design deficiencies, however, SCA was not involved with design phase field work nor design development. For this reason, SCA may not have sufficient information available to discover certain design deficiencies which may exist. SCA shall not be responsible nor liable for discovery of design errors, omissions, nor logistical flaws for which information has been made reasonably available to SCA. 2. SCA has not been involved with any of the project financial aspects to date. For this reason, review by SCA of applications for payment submitted by McKinstry will be limited to: a. Determination as to whether the amount applied for is proportionally due with respect to the schedule of values previously approved by the City of Corpus Christi. b. Determination as to whether the format and content of application documents is in accordance with the contract requirements. 3. City of Corpus Christi personnel and / or McKinstry personnel will prepare and process all construction change order and close -out documents. SCA services associated with change orders and close -out documents are to be limited to services indicated by item B.2. of this proposal. D. Compensation: We will provide the above engineering services on an hourly basis for a not to exceed fee amount of One Hundred Twenty -Five Thousand Dollars ($125,000.00) in accordance with the following schedule of hourly rates: Engineer, P.E. $165.00 /hour Engineer, E.I.T. $ 85.00 /hour Designer $ 75.00 /hour CAD Technician $ 65.00 /hour Administrative Assistant $ 50.00 /hour E. Additional Services: If services are required (in writing by the City of Corpus Christi) in addition t� services included in Parts "A" and "B ", such services will be invoiced in T:IProposals\City or Corpus ChristiSMcKinslryCDRevCASvcs o42312.doc Ms. JoeIle Francois, P.E. City Of Corpus Christi April 23, 2012 Page 3 of 3 accordance with the above schedule of hourly rates without regard to the status of the not to exceed fee amount. We appreciate the opportunity to continue to provide our service to the City of Corpus Christi. Please advise if additional information or clarification is required. Please indicate your acceptance of this proposal by signing in the space provided and returning one signed copy. STRIDDE, CALLINS & ASSOCIATES, INC. Accepted by CITY OF CORPUS CHRISTI Scott Stridde, P.E. SS /cm By: Name: Date: T.ProposalsiCity of Corpus Christi'tMcKinslryCDRevCASvcs 042312.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant 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 Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages 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 or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 K1Enginoaring OataExchange%ClarissaJtCity Faclitias1E11102 . Facilities Energy Conservation - 20111Stndde, Callins 8 AssociatesAAmendment No 31LARGE AE EXHIBIT B. OCT 2010.00CX C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A -VII. F. 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). Consultant 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. Consultant 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 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. 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. K1Engineering DataExchangelClarissaJlCity Facilities1E11102 - Faalitios Energy Conservattan - 20111Stridde, Callins 8 AssociateslAmendmenI No 31LARGE AE EXHIBIT B- OCT 2010 DOCX H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. I. In addition to any other remedies the City may have upon Consultant'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 Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. KSEngir eering DataExehange1ClarissaJ1C ty Facitnies1E11102 - Fac, ties Energy Conservation - 2011tStridde, Catlins 8 AssociatesWmendment Ho. 31LARGE AE EXHIBIT B- OCT 2010.DOCX 121 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: �}r cicie �[1U<<IAS ciN21 AssocAerks Inc.. Th Pnx 4 (4 (a STREET ADDRESS: 34 �av,56.4h o n CITY: C orpks Chris h ZIP: 9t-K - FIRM IS: I. Corporation 4. Association 2. Partnership B 3. Sole Owner ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership i interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NA Committee Board, Commission Or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Pr EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS !fa person who requests official action on a matter knows that the requested action will confer an economic benefit on any. City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Seer ST1q1Ad6 Title: hesofrif/r <Type or Print} Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi. Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. '`Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 N R LL L. 0 L a o a 0 V V >+N iv r '0Z (0 o. E d Lu w 0 o F- >, ut o c a* a c Ow V N 0 w 0 Z V d 'O 1 0. To 'o c N 0 ._ •; O C c u o• E >> c e- 0 Z E .r .) co 0 U Basic Services: \o 0 1 - \o 0 r- c \ 0 O c \° 0 t CIS c al c \o 0 0 \o 0 0 e 0 0 \ 0 0 0 0 \o 0 0 0 U) c 0 3 %I 0 0 0 0 O e- � F- of 'r Ea Oar 1.- ui •- 1 20,818 0 0 20,818 1,000 500 1,500 0 0 0 O o o 1 14,166 0 0 14,166 0 0 0 0 0 0 O 0 o 1 $50,101 $0 $0 $50,101 $750 $1,500 $2,5001 00 00 00 ea 0 00 00 O� o 0 0 0 O O 0 1 9,011 0 0 9,011 0 0 0 O 0 0 0 p N O O 0 0) N 1 1,294 0 0 1,294 0 0 01 TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 1 $39,395 $0 $0 $39,395 $0 $0 $0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 1 39,395 0 0 39,395 0 0 01 0 0 u.) vs 0 0 O 69 0 CA cc a ac 03 EA 0 o0 0) 0 CO CI, 0 N co co _c .c a) d a CO a o 0_ LL C • � w i_'7 a n.c d D m CL U Subtotal Basic Services Additional Services: U co Subtotal Additional Services N H 4) d 4) LL LL u) o .°2) 0) co E E U m co m Additional Services Fees Total of Fees Exhibit "D" Page 1 of 1 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 25, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Construction Contract: Planning Department New Offices at City Hall First Floor CAPTION: a. Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. b. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. PURPOSE: To approve a construction contract that will furnish labor, material and equipment to complete the Planning Department's new offices at City Hall's First Floor. BACKGROUND AND FINDINGS: The City of Corpus Christi Planning Department is being relocated to the First Floor near Central Cashiering in City Hall. This area was determined as having the most spacious area that could accommodate the Planning Department's requirements. The project will consist of the following: • Minor wall demolition • Creating a reception area • Creating larger office spaces • Installing doors • Building counter tops • Creating a new print shop area, storage closet, and conference space ALTERNATIVES: 1. Do not approve. OTHER CONSIDERATIONS: The relocation of the Planning Department will displace Senior Community Staff. However, the Parks and Recreation Department will relocate those displaced staff to the third floor of City Hall. This will allow for the centralization of Senior Community Services. Program Services, including the RSVP (Retired Senior Volunteer Program) and SCP (Senior Companion Program) will be moved to Heritage Park. There will be no disruption in services. This will have the added benefit of having all but one of the Heritage Park homes occupied. Job Order Contract (JOC) is an innovative contracting technique created for facilities maintenance and construction related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost effective and timely basis. CONFORMITY TO CITY POLICY: Complies with Texas Local Government Code 271.120 and City Policy EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Facilities Management Planning Department Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $83,784,51 $83,784.51 Encumbered / Expended Amount This item $58,849.48 $58,849.48 BALANCE $24,935.03 $24,935.03 Fund(s): Maintenance Services Fund (5110) Comments: This project will be funded by the Maintenance Services Unreserved Fund Balance. RECOMMENDATION: City Staff recommend the passage of the Ordinance that appropriates $83,784.51 from the Maintenance Services Unreserved Fund Balance and the approval of a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Planning Department New Offices at City Hall First Floor Project No. E12003 June 12, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund $ 83,784.51 FUNDS REQUIRED: Construction: (Barcom Commercial, Inc.) $ 58,849.48 Contingencies (10 %) $ 5,884.95 Consultant Fees: Consultant - (SolkaNavaTorno, LLC) * $ 14,195.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 1,618.36 Engineering Services (Project Mgt /Const. Mgt) $ 2,059.73 Finance Reimbursements $ 882.74 Misc. (Printing, etc.) $ 294.25 $ 83,784.51 TOTAL $ (0.00) ESTIMATED PROJECT BUDGET BALANCE *Original Contract approved by Administrative Approval March 16, 2012. File : \ Mproject \councilexhibits \exhE12003.dwg NIECES B a _y AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT w CL 0 LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRIS'17 RAN INTERSTATE 37 LEOPARD ST. AN DIEGO ST. PROJECT # E12003 VICINITY MAP NOT TO SCALE PLANNING DEPARTMENT NEW OFFICES AT CITY HALL FIRST FLOOR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 is appropriated for the Planning Department New Offices at City Hall First Floor. Section 2. The FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase expenditures by $83,784.51. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0029 4 7dcc6990- a6b6- 43e0- 84f4- 88baf2e6cce6 Joe Adame Mayor Page 2 of 2 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 John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal 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 John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary 0029 4 7dcc6990- a6b6- 43e0- 84f4- 88baf2e6cce6 Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 25, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Construction Contract: Planning Department New Offices at City Hall First Floor CAPTION: a. Ordinance appropriating $83,784.51 from the Maintenance Services Reserve for Building Improvements Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. b. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. PURPOSE: To approve a construction contract that will furnish labor, material and equipment to complete the Planning Department's new offices on the First Floor of City Hall. BACKGROUND AND FINDINGS: The City of Corpus Christi Planning and Environmental Services Department is being consolidated and relocated to the First Floor near Central Cashiering in City Hall. This area was determined as having the most efficient and effective area that could accommodate the Planning Department's requirements. The project will consist of the following: • Minor wall demolition • Creating a reception area • Creating larger office spaces • Installing doors • Building counter tops • Creating a new print shop area, storage closet, and conference space ALTERNATIVES: 1. Do not approve. OTHER CONSIDERATIONS: The relocation of the Planning Department will displace Senior Community Staff. However, the Parks and Recreation Department will relocate those displaced staff to the third floor of City Hall. This will allow for the centralization of Senior Community Services. Program Services, including the RSVP (Retired Senior Volunteer Program) and SCP (Senior Companion Program) will be moved to Heritage Park. There will be no disruption in services. This will have the added benefit of having all but one of the Heritage Park homes occupied. Job Order Contract (JOC) is an innovative contracting technique created for facilities maintenance and construction related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. CONFORMITY TO CITY POLICY: Complies with Texas Local Government Code 271.120 and City Policy EMERGENCY / NON - EMERGENCY: Not Applicable FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $83,784,51 $83,784.51 Encumbered / Expended Amount This item $58,849.48 $58,849.48 BALANCE $24,935.03 $24,935.03 Fund(s): Maintenance Services Fund (5110) Comments: This project will be funded by the Maintenance Services Reserve for Building Improvements Fund Balance. RECOMMENDATION: City Staff recommend the passage of the Ordinance that appropriates $83,784.51 from the Maintenance Services Reserve for Building Improvements Fund Balance and the approval of a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance PROJECT BUDGET Planning Department New Offices at City Hall First Floor Project No. E12003 May 29, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund $ 83,784.51 FUNDS REQUIRED: Construction: (Barcom Commercial, Inc.) $ 58,849.48 Contingencies (10 %) $ 5,884.95 Consultant Fees: Consultant - (SolkaNavaTorno, LLC) * $ 14,195.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 1,618.36 Engineering Services (Project Mgt /Const. Mgt) $ 2,059.73 Finance Reimbursements $ 882.74 Misc. (Printing, etc.) $ 294.25 $ 83,784.51 TOTAL $ (0.00) ESTIMATED PROJECT BUDGET BALANCE *Original Contract approved by Administrative Approval March 16, 2012. File : \ Mproject \councilexhibits \exhE12003.dwg NIECES B a _y AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT w CL 0 LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRIS'17 RAN INTERSTATE 37 LEOPARD ST. AN DIEGO ST. PROJECT # E12003 VICINITY MAP NOT TO SCALE PLANNING DEPARTMENT NEW OFFICES AT CITY HALL FIRST FLOOR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 15, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Jim Davis, Director of General Services (361) 826 -1909 jimd@cctexas.com Award Job Order Construction Contract City Hall Exterior Lighting Improvements CAPTION: Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $63,697.84 for City Hall Exterior Lighting Improvements for increased illumination and efficiency. PURPOSE: The purpose of this Agenda Item is to award the Job Order Construction Contract for the City Hall Exterior Lighting Improvements Project. BACKGROUND AND FINDINGS: In an effort to deter vandalism and improve safety to patrons and staff, lighting changes will occur at City Hall. The lighting on and around City Hall has been judged to be insufficient in illuminating capacity. To rectify this problem the proposed project will increase lighting to the City Hall exterior. In addition, the current parking lot lighting will be upgraded along with minor strategic additions. LED technology will be utilized to improve illumination and reduce electrical consumption. ALTERNATIVES: This project was bid with only a Base bid; thus, there are no alternative bid options to award. 1. The City Council options are to award this contract to the low bidder (Alpha Building Corporation) or 2. Not award contract. C: \PROGRAM FILES \G RAN ICUS \ LEG ISTAR5 \ PACKET \918 CITY COUNCIL 5 29 2012 \0031 1 0DOCAEED- 6DC0- 48FE- 84C2- 0354C3DOE1CD.DOCX OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: ➢ Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. ➢ Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and /or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Facilities Management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $278,641.68 $278,641.68 Encumbered / Expended Amount $201,087.55 $201,087.55 This item $63,697.84 $63,697.84 BALANCE $13,856.29 $13,856.29 Fund(s): Maintenance Services Operating Fund Comments: The project requires 65 calendar days, with anticipated completion approximately August 2012. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. C: \PROGRAM FILES \G RAN ICUS \ LEG ISTAR5 \ PACKET \918 CITY COUNCIL 5 29 2012 \0031 1 0DOCAEED- 6DC0- 48FE- 84C2- 0354C3DOE1CD.DOCX RECOMMENDATION: City staff recommends that the Job Order Construction Contract be awarded to Alpha Building Corporation of Corpus Christi, Texas in the amount of $63,697.84 for City Hall Exterior Lighting Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map C: \PROGRAM FILES \G RANI CUS \ LEG ISTAR5 \ PACKET \918 CITY COUNCIL 5 29 2012 \0031 1 0DOCAEED- 6DC0- 48FE- 84C2- 0354C3DOE1CD.DOCX PROJECT BUDGET City Hall Exterior Lighting Improvements Project No. E12007 June 12, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund $278,641.68 FUNDS REQUIRED: Construction (Alpha Building Corporation) $63,697.84 Contingencies (10 %) 6,369.78 Engineering Services (3.5 %) 2,229.42 Misc. (Printing, Advertising, etc.) 250.00 Total $72,547.04 Estimated Project Budget Balance $206,094.64 File : \ Mproject \councilexhibits \exhE12007.dwg XUECES BAY CORPUS CHRISTI INTERNATIONAL AIRPORT 1 morE et.„ -ww4ra Z •�r, y s w POINT' PROJECT LOCATION LOCATION MAP NOT TO SCALE CORPUS CHRIS17 RAY PROJECT SITE ]] INTERSTATE 37 J®®E SRI= I88 ��C PROJECT # E12007 VICINITY MAP NOT TO SCALE N CITY HALL EXTERIOR LIGHTING IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 -- AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 24, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Department of Development Services 361.826.3246 Dan Biles, Interim Director Engineering Services 361.826.3729 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc. in the amount of $44,885.66. (South of Slough Road & east of Rodd Field Road) CAPTION: A) Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD — Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. B) Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. BACKGROUND AND FINDINGS: The developer, Alty Enterprises, Inc., is proposing to develop the third phase of a multi - phased single - family residential subdivision named Greystone Subdivision. The subdivision is located south of Slough Road and east of Rodd Field Road. Greystone Subdivision Unit 3 will contain 32 single - family residential lots and 1 park lot. Greystone Subdivision has a preliminary plat that was approved by the Planning Commission in 2004 and thus a vested project in the Platting Ordinance. As a result, the street abutting the parkland must be designed to residential collector standards. The residential collector is larger than the local residential street. Since the City is requiring the developer to construct a larger street, the City is participating in half street construction for Sydney Drive which abuts the parkland. As allowed under the previous Platting Ordinance, a participation agreement for half street construction was granted for both Units 1 and 2. The participation agreement includes Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 2 the street, curb, gutter and 4 -foot wide sidewalk. Since the park is the continuation of the linear park along Master Channel 31, a hike and bike trail is constructed within the park. The hike and bike trail is a concrete walk with a width ranging from 10 feet to 12 feet. The developer is in communication with the Park Department to use the proposed development's park fees to pay for the additional width of the trail. The additional width ranges from 6 feet to 8 feet because of the 4 -foot sidewalk included in the participation agreement. The Park Department will make the determination of the total width of the hike and bike trail. ALTERNATIVES: • Approve the Participation Agreement with Alty Enterprises, Inc. • Disapprove the Participation Agreement with Alty Enterprises, Inc. OTHER CONSIDERATIONS: Prior amendment to the CIP for Project #E12035 Corpus Christi Independent School District — Southside MS Tract PA, was approved by City Council on Tuesday, May 15, 2012 for $238,496.10. The financial impact table reflects and is inclusive of this amount. The ordinance presented herein is an administrative requirement of that approval. CONFORMITY TO CITY POLICY: The proposed roadway abutting a park is consistent with the Park Master Plan. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services, Finance & Resource Management Division has reviewed the funds available from the Bond 2008 Streets, Developers Participation line item and have verified that the monies are available. FINANCIAL IMPACT: CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,248,700.00 $151,300 $2,400,000.00 Encumbered / Expended Amount 1,935,558.52 (1,935,558.52) These items $283,381.76 (238,496.00) BALANCE 313,141.48 ($132,081.76) 181,059.72 C: AProgram Files\ Granicus \Legistar5\Packet \918_City Council 5_29_ 2012\ 0032_1 _fl 7a637e- 8d00- 42b8- 868d- 51927a97915 c. doc Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 3 Fund(s): Street Bond 2008 Comments: The Project Expenditures to Date column shows a balance of $313,141.48 which was not anticipated at the time the Fiscal Year '12 Capital Improvement Budget was developed. Within the past few months, two Developer Participation projects were completed and came in under budget. This allowed funds, which were not used, to be released and be used to support this additional project. While current year funding shows a negative balance, the additional funds listed under "Project to Date Expenditures" will be used to offset the additional funds needed. This project is fully funded and a balance of $181,059.72 is anticipated to remain for additional Developer Participation projects. The Fiscal Year 2013 CIP shows this corrective action, but the timing of this project precedes the CIP's release. RECOM MENDATION: Staff recommends approval of the motion authorizing the City Manager or designee to enter into a Participation Agreement with Alty Enterprises, Inc. for the construction of the Sydney Street road improvements abutting a park not to exceed $44,885.66 and administrative approval to amend the CIP FY12 for the CCISD participation agreement approved by City Council on May 15, 2012. LIST OF SUPPORTING DOCUMENTS: Amending Ordinance Participation agreement C: AProgram Files\ Granicus \Legistar5\Packet \918_City Council 5_29_ 2012\ 0032_1 _fl 7a637e- 8d00- 42b8- 868d- 51927a97915 c. doc Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD — Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. BE IN 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 #E12036 Greystone Subdivision, Unit 3, Street Participation Project and Project #12035 CCISD — Southside MS Tract PA, Street Participation Project. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to increase expenditures in the amount of $44,885.66 for Project #E12036 Greystone Subdivision, Unit 3, Street Participation and $238,496.10 for Project #E12035 CCISD — Southside MS Tract PA, Street Participation Section 3. That upon written request of the Mayor of 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 May, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Corpus Christi, Texas day of , 2012 Joe Adame Mayor 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 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 24, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Department of Development Services 361.826.3246 Dan Biles, Interim Director Engineering Services 361.826.3729 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc. in the amount of $44,885.66. (South of Slough Road & east of Rodd Field Road) CAPTION: A) Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD — Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. B) Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. BACKGROUND AND FINDINGS: The developer, Alty Enterprises, Inc., is proposing to develop the third phase of a multi - phased single - family residential subdivision named Greystone Subdivision. The subdivision is located south of Slough Road and east of Rodd Field Road. Greystone Subdivision Unit 3 will contain 32 single - family residential lots and 1 park lot. Greystone Subdivision has a preliminary plat that was approved by the Planning Commission in 2004 and thus a vested project in the Platting Ordinance. As a result, the street abutting the parkland must be designed to residential collector standards. The residential collector is larger than the local residential street. Since the City is requiring the developer to construct a larger street, the City is participating in half street construction for Sydney Drive which abuts the parkland. As allowed under the previous Platting Ordinance, a participation agreement for half street construction was granted for both Units 1 and 2. The participation agreement includes Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 2 the street, curb, gutter and 4 -foot wide sidewalk. Since the park is the continuation of the linear park along Master Channel 31, a hike and bike trail is constructed within the park. The hike and bike trail is a concrete walk with a width ranging from 10 feet to 12 feet. The developer is in communication with the Park Department to use the proposed development's park fees to pay for the additional width of the trail. The additional width ranges from 6 feet to 8 feet because of the 4 -foot sidewalk included in the participation agreement. The Park Department will make the determination of the total width of the hike and bike trail. ALTERNATIVES: • Approve the Participation Agreement with Alty Enterprises, Inc. • Disapprove the Participation Agreement with Alty Enterprises, Inc. OTHER CONSIDERATIONS: Prior amendment to the CIP for Project #E12035 Corpus Christi Independent School District — Southside MS Tract PA, was approved by City Council on Tuesday, May 15, 2012 for $238,496.10. The financial impact table reflects and is inclusive of this amount. The ordinance presented herein is an administrative requirement of that approval. CONFORMITY TO CITY POLICY: The proposed roadway abutting a park is consistent with the Park Master Plan. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services, Finance & Resource Management Division has reviewed the funds available from the Bond 2008 Streets, Developers Participation line item and have verified that the monies are available. FINANCIAL IMPACT: CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,248,700.00 $151,300 $2,400,000.00 Encumbered / Expended Amount 1,935,558.52 (1,935,558.52) These items $283,381.76 (238,496.00) BALANCE 313,141.48 ($132,081.76) 181,059.72 C:AProgram Files\ Granicus \Legistar5\Facket \918_City Council 5_29_ 2012\ 0033_ 1_ 26747f87- 1e69- 4bac- 9de3- 3d12514ef2el.doc Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 3 Fund(s): Street Bond 2008 Comments: The Project Expenditures to Date column shows a balance of $313,141.48 which was not anticipated at the time the Fiscal Year '12 Capital Improvement Budget was developed. Within the past few months, two Developer Participation projects were completed and came in under budget. This allowed funds, which were not used, to be released and be used to support this additional project. While current year funding shows a negative balance, the additional funds listed under "Project to Date Expenditures" will be used to offset the additional funds needed. This project is fully funded and a balance of $181,059.72 is anticipated to remain for additional Developer Participation projects. The Fiscal Year 2013 CIP shows this corrective action, but the timing of this project precedes the CIP's release. RECOM MENDATION: Staff recommends approval of the motion authorizing the City Manager or designee to enter into a Participation Agreement with Alty Enterprises, Inc. for the construction of the Sydney Street road improvements abutting a park not to exceed $44,885.66 and administrative approval to amend the CIP FY12 for the CCISD participation agreement approved by City Council on May 15, 2012. LIST OF SUPPORTING DOCUMENTS: Amending Ordinance Participation agreement C:AProgram Files\ Granicus \Legistar5\Facket \918_City Council 5_29_ 2012\ 0033_ 1_ 26747f87- 1e69- 4bac- 9de3- 3d12514ef2el.doc Participation Agreement Between Alty Enterprises, Inc. and City Page 1 of 5 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS PARTICIPATION AGREEMENT (hereinafter "Agreement ") is entered into between the City of Corpus Christi (the "City "), a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 -9277 and Alty Enterprises, Inc. ( "Owner ") 3801 Cassowary Court, Corpus Christi, Texas 78414. WHEREAS, the Owner owns certain real property located in Nueces County, Texas, being 7.818 acres out of Lots 3 and 4, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property ") as shown on the attached final plat (Exhibit 1) and Owner desires to plat the Property designated on Exhibit 1 as Greystone Subdivision Unit 3, hereinafter referred to as "Plat "; and WHEREAS, as a condition of the Plat, Owner is required to extend and construct Sydney Street from its existing terminus for a distance of approximately two hundred sixty (260) feet to its proposed terminus at the east end of the proposed development as depicted on and in accordance with the improvement requirements set forth on Exhibit 2 (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by Owner in conjunction with the Owner's final plat; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with an owner of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement complies with Texas Local Government Code § 212.071 et seq. and the Unified Development Code, Section 8.4.1 (A). NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Owner agree as follows: Subject to the terms of this Agreement and the Plat attached and incorporated as Exhibit 1, Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. Participation Agreement Between Alty Enterprises, Inc. and City Page 2 of 5 The parties acknowledge and confirm the Preliminary Reimbursement Cost Estimate for construction of the Roadway Extension, attached and incorporated as Exhibit 3 (the "Cost Estimate "). Subject to the limitation below, Owner shall pay a portion of the costs of construction of the Roadway Extension. Subject to the limitation set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable on the Cost Estimate attached as Exhibit 3. Notwithstanding any other provision of this Agreement, the total that the City shall pay for the City's agreed share of the costs of the Roadway Extension shall not exceed $44,885.66. The City shall reimburse the Owner the City's agreed costs of the Roadway Extension monthly based on the percentage of construction completed upon receipt of Owner's invoice for the work performed. Such reimbursement shall be made payable to: Alty Enterprises, Inc. Attn: Louis Alty, President 3801 Cassowary Court Corpus Christi, Texas 78414 The invoices must be paid no later than thirty (30) days from the date of the Owner's invoice. Owner shall submit all required performance bonds and proof of required insurance in accordance with applicable laws. Owner shall submit standard contract documents for review and approval. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify Owner of any defect, deficiency or other non - approved condition in the progress of the Roadway Extension. In accordance with Section 212.073, Texas Local Government Code, Owner shall cause the construction contractor that Owner engages to construct the Roadway Extension to execute a performance bond for the construction of the Roadway Extension improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR Participation Agreement Between Alty Enterprises, Inc. and City Page 3 of 5 REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF GREYSTONE SUBDIVISION UNIT 3 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR. ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112, Owner agrees to complete the Disclosure of Ownership Interests form Exhibit 4 (attached and incorporated). This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Owner from and after the date that all original copies have been executed by all signatories. EXECUTED in triplicate originals *this 11 ' day of MA , 2012. Signatures are found on Pages 4 and 5. Participation Agreement Between Alty Enterprises, Inc. and City Page 4 of 5 OWNER: Alty Enterprises, Inc. ouis Alty President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on fifl4q it Alty, President, Alty Enterprises, Inc. CRISTA L. WAtTON Notary Public, State of Texas -7 My Commission Expires August 18, 2014 2012, by Louis Notary Public, State o Texas Participation Agreement Between Alty Enterprises, Inc. and City Page 5 of 5 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Ronald L. Olson City Manager This instrument was signed by Armando Chapa, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20 . Notary Public, State Of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20 . Notary Public, State Of Texas Site of lex. County of Notices ANFAICAN BANK, N,A., o National Asoociation hereby certifies that 0 held, o lien . the -. ii,„,,,W0 peoperty 0.1111 by ALTY ENTERPRISES, INC. a Texas Corporation. as shown on the foregoing , 10" , map and it improves af ths etesdivIsloo and otwiloteldo ibe the pures.th ood 00si1e001I00nt therein expressed. Rudd Bald Rood This the cloy of „ 20 ANESOCAN BANK, N.A. ii , h i .5 li ii....'.: 7,raliTt-rirtEritli.1.06,:a.7-1,:r7IiWg-61417-I,7- Iz-7 ----'8 1 State of les. 1 1 I County of Nooses The Interumont woe ocknowlodged before roe by JAMES T. PICKETT, she Conshnothan Fonseca Officer of 001101AN BANK. 10.9. o Natl.. Aseaciation. on behalf of thald Bank =ANON MP MIS. Nee the _ day of _ ilstory Peat in and few tee Stdile of leolds — State al Teso. County of Noes. Plat at' 1. Juan J. Sohnoter. 0 Registered Professlanal Land Surveyor far Urban Ensineoting. hove prepared the foregoing mop from a seem, mode . tho (mood ender my dlimotion shild he true and correct ta the State of Texas amysbrizie Subdivision Unit 3 beet al my knowledge, informed]. and belief, I hove bean engaged ender contract to eel an I a and Block comers as shown herein and to. complete such operations with doe and reasonabie diligence County of Num. oorediesol with .0.1114 orioNelmlanal moods., Me 8a107 a land oat at tato ,t and 4, Section 4 AIX, AL17 IENTERPRisEs, INC,,. hereby certifies thot it le ths owner of oil of the property shown Eeoff and &chat Form 800± 74000±000 Tracts 0 mop at anion is this Ms d/ty of 20 relthie Pot th000derieS al leo fetegoine stet so. oral except Lot V, Btioe t (Collat.. Pork). Mot ht. hoe had void lend. aurveyed anti eubdheded ue oho.: Past ,100010 00000 ore recanted in Kama A, Pages 41-44 Map Records at th00000 dedicated he 1.11, peel01 use forty01. Piot easement, . shown Oft 0/diet:Add ttl the public Counts Pena use for the installation, operation ood eau Pd public hitillieto .d that this mop wos made 500000 1171.5 the purpose of Mohave . oe deacon., e:SsLon.eio., This the — day 01 . 20—_—_—. Stole of lotus County of Nue.. Nes ALTY ±0(0 10400(11(1 INC. Ids flied plot of the heroin described noefseoty woe oopreeed by the Deptelmoni of Developthehl Service. of the City of Corpus Christi. Texan a'' LOUIS 01.17. Prestdont thlo the dey of _, 20 Stet* et Texas Ahnoodo Cettlerreo. *, P.C. 10,1017 01 Num. Develop/n001 Services En0±000 ihns instouloh.t. *lb ooknowissigtel beions hoe by LOWS ALTY, as Poesideet 01 Ai TY ENTERPRISES, INC„ on Insholl or said corporatioc. Slote 01 Tones County of Nue.. fib the (Soy of , „ 20 . Ten find plot of the herein deecribed property woe epproyed im behalf of thhe City of Canon Christi, Thehast by Ole ...tog Commission Notes. ik/tory Public in and fen the Slots of 10000 Q Totof plotted area eertiolits 7,818 acres of iond (naiades pork ded(0ation). thle the don of 2) Set 5/19 loch Iron rods with red akteUs cop stomped "URBAN ENO 0.0 Tr 01 011 Lot corners, except where noted. State af Texan tgsoLS Saldaro, 4..0 P Rudy Gary, Cairma C.ty af on 3) he reeelvn water fdo he storm rete, 1(150(1 1,1000 4(1, property s the °so t,.07 Boy. The ICE0 has alassOlad the a4u0510 180 400 lor the Deo Bay as NE at, 01 CORPUS 010ei8111. hereby careers (101 11 Is the 010000 of Lot 21. Block I 'exceptional' and 'oyster wataL00 The 1010 also eatoeorized the receiving Slate 60 140,1711 (Gireystone (ark), of the foregoing plat that it has had scud lords surveyed cod mobslIvIded water as "contact rediesitlan' oheo C0111117 of Noes. 00 shown; Pest easement., as shown are dedicated to the public use for the Inatohlation. °point00 and ushe of potelic utInte, ecd that this mop woo made for the porpoise of 4) Beorinos gra basest on the recorded plod of Cif or done Snacked. Unit 1, g 1, Won L 001,010. 0004 of 100 (10010,1 Court 01 0111 for see County. do hersby certify that the de.ortptioo and 4041501ton. 000 mop of (1 (1 l 0± ±0 e WW ,05 B. 4 d 0 d Recods a foregoing (1strument doted the _ day of _, 20 wit Re ertifcate 01 outhentkallion via. Med fcv record in my deco the day of 20 , At Nuades C000ty. Texas. Oicl.k ____NL, and duly recorded the ___ i k day ot —,.....,_.. 20 ____, t ishoott ___e This the day o 20— " n said County P Yoo. Page Mop Records, 5.) By graphic plotting only, Ws property is in Zones B and 0 e an need Mow-once Rote Mao, Community Panel leo 485494 0540 C, City of Corpus By THE or, OF C0RPUs CHRs11 Christ]. Texas. which boom en eftecti. dote of MaLch le. 1985 ond la not Is Wanes. my hard and veal of the County Court. in and far sold County. tx1 eMos In Corp. Christi, a Special Flood Hazard kaa. Tome, the tiny and year lasit written. Byi L. OLSO(0 0001±01.11 0.,) No 00100.07 Access to be porno (0011911 ttled atone ongh Rood. ',"-",';;;.-G, Record — -- 7,) Contours show are bused on (0050 25 datum. DN''sent'eST.00se"n7lfixa%"'Y (4," State of Texas ___ck County of Names 8) ai 1y Enterprises, Plo, is the owner of 7 520 acres 01 land hat . O'clo „ Jot. — 20_ Ry. _ The City of Coraue Christi Is the owner of 0.2813 saes 01 ±0110± Deputy This Instrument shoe acknowledged before Mb by RONALO L OLSON, an behalf of ME CITY OF CORPUS 0(04571 0) Craystone Park (Lot 21, Block 1) has 5001 dedicated to the City by separate Instrument. Iles the __,_.__ day 01 ____ _ 20 URE3A 1St RAM Dad. 30, 2011 ell:tory Publis in 0010 ±00 the Slate of Texas ENGINEERING Ziig, 39789,81.01 CORPUS S.M., TEM. .,1 ,,,,,,,.: ± of 2 .,vr,g1,1„7- DRAWN 001 80 / L. EXHIBIT 1 Page 1 or 2 .0) EXHIBIT 1 Page 2 of 2 I 7 9" I,4 _ FUTURE 00 r 1 N iGRSTONjF PARK UNITS [ UNIT 2 P x �IEYSTON PARK UNIT 3 ® ___ . -_ It.' , 25 27 x 25 28 1. fi - x Sydney Street "? CITYAIAR ICIPATIONo x 6" P'L' CURE co m ,_w _.---- ` Ares + . � � v1 B i . y � - - o a 251 D.E. m 12" $1DEWAL �" a_ o _ N r Six i E. - m xm o x — e N �x n J "' -- �'- ^ x \Fx 97x 119 95 . � 44 m (BY PLAT) a __ z65z —_ — EXISTING DITCH 31RAINAGE EASEMENT ----ru;:, - -.: ...,_.c,-,DE _ _ GREYSTONE PARK UNIT 3 URBAN' PARK PARTICIPATION EXHIBIT ENGINEERING 1t 11.W fl sz rR fl. a 7MN EXHIBIT "A" �,� .,�,o, .,� .�, 11 1 JOB NO. 39779.B1.01 SCALE: 1"=50' APRIL 10, 2012 1..LJ 1— Z 12 .01\1 • 0C1 i■,..11DiedutH 1:1D1 syvi ‘I‘ , 10'41 x 6661 45'41 9g14 14'41 6601 8.• I 8 61 80 epa 0061 SSLEI-4) .09 WEI 96E1 6961 2 08181,0, !BS 1,2 0661 x x [4402 livoia3a )18Vd 6881 50'9I < n 0 4E50 61,1 081,1 91'ST EXHIBIT 2 819 • 910 29% 099 LL'4-1 8C41 686 60'41 Eng: Murf Hudson, P.E. Client: Louis Alty By: Max Construction Park Participation Estimate for GREYSTONE SUBDIVISION UNIT 3 April 10, 2012 Job No. 39779.B1.01 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. PAVING IMPROVEMENTS: 1 Clear and Grub 0.178 0.187 AC $650.00 $121.55 2 Excavation 650 683 CY $11.00 $7,513.00 3 2" HMAC Including Prime Coat 520 546 SY $14.75 $8,053.50 4 6" Crushed Limestone Base 520 546 SY $12.00 $6,552.00 5 8" Lime Stabilized Subgrade 635 667 SY $6.00 $4,002.00 6 6" 'L' Curb 260 273 LF $13.00 $3,549.00 7 4' of 12' Hike and Bike Path 1,058 1,111 SF $5.25 $5,832.75 8 15" RCP 40 42 LF $43.50 $1,827.00 9 Post Inlet Tie 1 1 EA $1,345.00 $1,345.00 10 5' Slot Inlet 1 1 EA $2,765.00 $2,765.00 PAVING SUB - TOTAL: $41,560.80 ENGINEERING @ 8 %: $3,324.86 TOTAL ESTIMATED PARTICIPATION: $44,885.66 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 EXHIBIT 3 1 of 1 witSUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Alty Enterprises, Inc. P. O. BOX: STREET ADDRESS: 3801 Cassowary Court FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78414 2. Partnership 5. Other B 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A N/A EXHIBIT 4 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 4 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 1, 2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Nueces Stone Quarry, LLC (Case No. 0312 -01) Change from "CG -2" General Commercial District to "IL" Light Industrial District Property Address: 10010 South Padre Island Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0312 -01: Nueces Stone Quarry, LLC: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of land use from commercial to light industrial. The property to be rezoned is Flour Bluff Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street. RECOMMENDATION: Planning Commission & Staff Recommendation (March 28, 2012): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to the following five (5) conditions: 1. USE: The only uses permitted by this Special Permit other than those uses permitted by -right in the "CG -2" General Commercial District are outside storage and a warehouse. 2. OUTSIDE STORAGE: The outside storage shall not exceed an area of 8,000 square feet. The outside storage must be set back at least five (5) feet with a landscape buffer from the residentially used property and screened from the street right -of -way and adjacent properties. 3. WAREHOUSE: The total square footage for the warehouses shall not exceed an area of 5,000 square feet. 4. LIGHTING: Any on -site lighting must be shielded and directed away from the property along its northern property line. City Council Executive Summary Memorandum Nueces Stone Quarry, LLC (Case No. 0312 -01) Page 2 5. TIME LIMIT: This Special Permit shall expire after one (1) year from the date of the ordinance unless the property is in compliance with the conditions mentioned above and all other City of Corpus Christi rules and regulations. BACKGROUND AND FINDINGS: The applicant operates a stone retail business and was cited for the outdoor storage of stone materials in the incorrect zoning district. The applicant proposes to construct several warehouse structures ranging from 1,200 to 2,000 square feet for the indoor storage of equipment and stone materials in order to make the property appear more like a commercial establishment instead of an industrial storage yard. An "IL" Light Industrial District is not appropriate for this area because of the abutting residential uses immediately to the north of the property. The stone retail use is an appropriate use for the area if the site has the proper screening and buffering from the residential area to the north, which can be required by granting a Special Permit. The Special Permit could also limit the size of the proposed warehouses. Additionally, approval of the "IL" District would create spot zoning since there is no industrial zoning within the immediate area. The subject property is also within the Navy's Accident Potential Zone 2 (APZ -2). The retail establishment is consistent with the Navy's recommended land use. ALTERNATIVES: 1. Approve the applicant's request of the "IL" Light Industrial District; 2. Modify the recommended conditions of the Special Permit; or 3. Deny the request altogether. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The requested change in zoning to an "IL" Light Industrial District would not be consistent with the Comprehensive Plan or the Flour Bluff Area Development Plan, which designate the property for future commercial uses. Despite the inconsistency, staff supports the continued operation of the business at the current location provided that the outside storage is screened from view from the street right -of -way and adjacent properties. Granting a Special Permit as recommended would maintain the commercial designation of the property. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A City Council Executive Summary Memorandum Nueces Stone Quarry, LLC (Case No. 0312 -01) Page 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: 1. Zoning Report with Attachments 2. Ordinance with Exhibit A K: \DevelopmentSvcsSHARED\ZONING CASES \0312 -01 Nueces Stone Quarry, LLC \0312 -01 Agenda Memo, Nueces Stone Quarry.docx ZONING REPORT Case No.: 0312 -01 HTE Case No.: 12- 10000006 Planning Commission Hearing Date: March 28, 2012 (Tabled from March 141 Applicant & Legal Description Applicant: Nueces Stone Quarry, LLC Owner: Nueces Stone Quarry, LLC Representative: Yonca Ongun Legal Description /Location: Flour Bluff Point, Block 6, Lots 2, 3 and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street. Zoning Request From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 0.64 Acres Purpose of Request: To allow for outside storage and the construction of a warehouse building. Existing Zoning and Land Uses 2007 Volume Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial Commercial Commercial North "RM -1" Multi- family 1 & "CG 1" General Commercial Single- family residences Commercial South "CG -1" General Commercial Single-family residence & Nursery Commercial East "CG -2" General Commercial Auto repair facility Commercial West "CG -2" General Commercial Auto repair facility Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Flour Bluff Area Development Plan (ADP) and is planned for commercial. The proposed change in zoning to the "IL" Light Industrial District is not consistent with the Flour Bluff ADP or the adopted Future Land Use Map. Map No.: 035032 Zoning Violations: Code Enforcement has cited the property owner for using the property with a use not consistent with the current zoning; obstruction of the right -of -way; and signage. Building Inspection has cited the owner for building without a permit. Staff's Summary: • Requested Zoning: The requested change of zoning is to allow outside storage of merchandise and construct a warehouse building for storage of materials and equipment. • Transportation and Circulation: The subject property currently has direct access on the frontage road of South Padre Island Drive (SH 358). South Padre Island Drive (SH 358) is designated as a freeway by the Urban Transportation Plan. The roadway right -of -way varies in its width. Street R.O.W. Street Urban Trans. Plan Type Proposed Section Existing Section 2007 Volume South Padre Island Drive (SH 358) F1 400' ROW and varying paved section Varied ROW and paved section N/A • Relationship to Smart Growth: While continuing to utilize existing infrastructure, the proposed rezoning would have minimal impact with regards to smart growth. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Flour Bluff Area Development Plan (ADP) designate the subject property as commercial use. The requested change in zoning to an "IL" Light Industrial District is not consistent with the Flour Bluff ADP or the adopted Future Land Use Map of the Comprehensive Plan. The existing use is a commercial establishment that contains outside storage and proposes to construct a warehouse building to store the equipment and some material. The proposed rezoning, while not compliant with the future land use plan, does follow current commercial development trends in and around this immediate area. Plat Status: Subject property contains (3) three platted lots. Department Comments: • The applicant operates a stone sales business, and as such, stone materials are displayed outdoors. The applicant proposes to construct several warehouse structures in order to store equipment and stone materials. The proposed warehouse structure will range from 1,200 to 2,000 square feet. Moving the storage of equipment and material indoors make the property look more like a commercial establishment instead of a storage yard. • This rezoning request from "CG -2" to "IL" is not consistent with the adopted future land use plan or Flour Bluff Area Development Plan. Despite the inconsistency, staff supports the commercial establishment to continue in operation provided that the outside storage is screened from view from the street right -of -way and adjacent properties. The proposed warehouse will not be out of character with the abutting commercial establishments. • The subject property is under the Navy's Accident Potential Zone — 2 (APZ -2). The retail establishment is consistent with the Navy's recommended land use. High concentration of people within an APZ -2 is also not recommended. • Staff met with the applicant on March 22, 2012, and was able to reach an agreement on the conditions of the Special Permit. Staff Analysis: Although the requested "IL" Light Industrial District is inconsistent with the adopted Flour Bluff Area Development Plan or Future Land Use Plan, both of which identify the area as remaining commercial development, the requested rezoning is consistent with the Navy's recommended land uses. An "IL" District, however, is not appropriate for this area because of the existing residential uses abutting to the north. The stone retail use is an appropriate use for the area if the site has the proper screening and buffering from the residential area to the north. This may be accomplished through a Special Permit to require the screening and setback from the residential area. The Special Permit would also limit the size of the proposed warehouses. Approval of the "IL" District would also create a spot zoning since there is no industrial zoning within the immediate area. Planning Commission & Staff Recommendation (March 28, 2012): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to the following conditions: 1. USE: The only uses permitted by this Special Permit other than those uses permitted by -right in the "CG -2" General Commercial District are outside storage and a warehouse. 2. OUTSIDE STORAGE: The outside storage shall not exceed an area of 8,000 square feet. The outside storage must be set back at least five (5) feet with a landscape buffer from the residentially used property and screened from the street right -of -way and adjacent properties. 3. WAREHOUSE: The total square footage for the warehouses shall not exceed an area of 5,000 square feet. 4. LIGHTING: Any on -site lighting must be shielded and directed away from the property along its northern property line. 5. TIME LIMIT: This Special Permit shall expire after one (1) year from the date of the ordinance unless the property is in compliance with the conditions mentioned above and all other City of Corpus Christi rules and regulations. Number of Notices Mailed — As of May 1, 2012 Favor Opposition For 0.0% in opposition 16 within 200' notification area; 0 outside notification area — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership Map 2. Conceptual Site Plan K: \DEVELOPMENTSVCS \SHARED \ZONING CASES \0312 -01 NUECES STONE QUARRY, LLC \0312 -01, ZONING REPORT FOR CC, NUECES STONE QUARRY, LLC, FOR CC 4- 27- 12.DOC 7 / / 8 / FeK / LDR 6 / / 2 / LDR / 2 / / 12 / / / / 13 / /14 / / 3. 4 / 5 / / / 6 Lae 15 / 7/ / 14 „„....... .„ i ---p-,.... • / 8 / , - / 0 1 , 2 1,,...... /LDR/ 6 , / / " --?'.--, -----., / l ----, 9z / / 10 // 11 / //------,..„... g / E N C LI L --,--.,,,,, 34 .- ▪ '-,--„. --..., ' 32 '--- PLO" OR B,LUFFCENTER36 -----R S r„. ---, i --,." • ; '400 O2X2)2 / Prepared By: corgirrit D n of D m r e /pea CASE: 0312-01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 RM-2 Multifamily 2 RM-3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CN-1 Neighborhood Commercial CN-2 Neighborhood Commercial CR-1 Resort Commercial CR-2 Resort Commercial CG-1 General Commercial CG-2 General Commercial CI Intensive Commercial CBD Downtown Commercial • -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IN Heavy Industrial FUD Planned Unit Bev, Overlay RS-10 Single-Family 15 RS-6 Single-Family 6 RS-4.5 Single-Family 4.5 RS-TF Two-Family RS-15 Single-Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subiect Froperry wiet 200" buff er 0 Owners Th favor 4 Owners Marin 200 Seated ob V Owbers attached ownership table A in oppositron City af Corpus Christi Site Plan with Parking and Landscaping Proposed Building Tract 3 2. CONCEPTUAL SITE PLAN Ordinance amending the Unified Development Code (UDC), upon application by Nueces Stone Quarry, LLC, by changing the UDC Zoning Map in reference to Flour Bluff Point, Block 6, Lots 2, 3, and 4, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit, subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Nueces Stone Quarry, 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, March 14, 2012, and March 28, 2012, during meetings of the Planning Commission, and on Tuesday, June 12, 2012, during a meeting of the City Council, in 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, THERFORE, 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 Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse and subject to five (5) conditions, without resulting in a change of future land use (Zoning Map 035032) (Exhibit A). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. USE: The only uses permitted by this Special Permit other than those uses permitted by- right in the "CG -2" General Commercial District are outside storage and a warehouse. 2. OUTSIDE STORAGE: The outside storage shall not exceed an area of 8,000 square feet. The outside storage must be set back at least five (5) feet with a landscape buffer from the residentially used property and screened from the street right -of -way and adjacent properties. 3. WAREHOUSE: The total square footage for the warehouses shall not exceed an area of 5,000 square feet. 4. LIGHTING: Any on -site lighting must be shielded and directed away from the property along its northern property line. Page 2 of 3 5. TIME LIMIT: This Special Permit shall expire after one (1) year from the date of the ordinance unless the property is in compliance with the conditions mentioned above and all other City of Corpus Christi rules and regulations. SECTION 3. 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 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That 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 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, 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 Joe Adame Mayor, City of Corpus Christi K: \DevelopmentSvcs \SHARED\ZONING CASES \0312 -01 Nueces Stone Quarry, LLC \0312 -01 Ordinance, Nueces Stone Quarry, LLC, CG -2_SP, FINAL.docx L U 4. 44 `. 45 46 / 17. o. 46 `_. 6 !^ 5 :`/4$ R 2_ 8 1: . FL 0UR, BL.0P'F�- -POINT 2 -A FP & ENC e r y: cor jieie n co CASE: 0312-01 Exhibit A Planning Commission & Staff Recommendation: N" tS SUBJECT PROPERTY Approval of the "CG -2 /SP" General Commercial District with a Special Permit. Ordinance No.: LOCATIO City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 1, 2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Luxury Spec Homes Inc. (Case No. 0412 -01) Change from "RS -TF" Two - Family District to "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay Property Address: 4325 Cedar Pass Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0412 -01: Luxury Spec Homes Inc.: A change of zoning from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as Cedar Ridge Unit 1, Block 7, Lots 1B and 10, located to the southeast of Weber Road and east of Yorktown Boulevard. RECOMMENDATION: Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay with the following eight (8) conditions: 1.) Development Plan: The property shall be developed in accordance with the plat. Each two -unit structure must be constructed at the same time. 2.) Density: The density shall not exceed eighteen (18) dwelling units over 2.401 acres. There shall be nine (9) buildings with two (2) dwelling units in each building. 3.) Height: Buildings shall not exceed one -story and 35 feet in height. 4.) Parking: Each dwelling unit shall be provided two parking spaces in a private garage. Guest parking shall be provided on Lot 8. 5.) Setbacks: A minimum twenty (20) foot front yard setback shall be provided along Cedar Pass Drive. A minimum ten (10) foot rear yard and five (5) foot side yard where the building does not share a common wall with another dwelling unit is required. The front yard setback on individual lots along the private street shall be eighteen (18) feet. The front yard setback on Lots 9, 10, 11, and 12 shall be no less than four (4) feet. 6.) Access: Each lot will have access to a private street of twenty -four (24) feet as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane /No Parking" so as to maintain a twenty (20) foot wide access drive for emergency vehicles. City Council Executive Summary Memorandum Luxury Spec Homes Inc. (Case No. 0412 -01) Page 2 7.) Sidewalk: A four (4) foot sidewalk shall be constructed on one side of the private street and located in a dedicated sidewalk easement. 8.) Time Limit: Construction of the development shall commence within two (2) years from the approved ordinance date. BACKGROUND AND FINDINGS: The applicant plans to build nine single - family attached, one -story structures with two dwelling units in each building for a total of eighteen dwelling units on the 2.401 -acre site. Each dwelling unit would be 1,500 square feet in floor area, share a common wall with another dwelling unit, and be built on its own lot so that the unit can be sold with the land. Each lot would have access to a twenty- four - foot -wide private street with a four -foot sidewalk on one side. Each building would have a five -foot side yard, ten -foot rear yard, and a front yard ranging from four to eighteen feet. A twenty -foot front yard would be maintained a long Cedar Pass Dr. Construction of all nine buildings is expected to be complete by the end of 2012. The applicant has requested the Planned Unit Development Overlay district (PUD) because the proposed development would not strictly comply with street design standards and other dimensional requirements for the site as required by the Unified Development Code (UDC). PUDs allow for increased flexibility in site layout and design. Despite the subject property's location within a the Navy's Accident Potential Zone — 2, staff recommends approval of the PUD because the proposed development would not increase the density allowed by -right under the current zoning district, which is "RS -TF" Two - Family. Additionally, the project could be built without using the PUD Overlay, although the UDC would not afford the project the requested flexibility in design. ALTERNATIVES: 1. Recommend modifications to the conditions of the Planned Unit Development; or 2. Deny the requested zoning change. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the adopted Future Land Use Map and meets other criteria of the Comprehensive Plan and Southside Area Development Plan, such as encouraging infill development and locating medium - density residential development along a collector street with convenient access to an arterial street. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A City Council Executive Summary Memorandum Luxury Spec Homes Inc. (Case No. 0412 -01) Page 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: 1. Zoning Report with Attachments 2. Ordinance with Exhibits A and B ZONING REPORT Case No.: 0412 -01 HTE No. 12- 30000001 Planning Commission Hearing Date: April 11, 2012 Applicant & Legal Description Applicant /Owner: Luxury Spec Homes Inc. Representative: Vic Nazari Legal Description /Location: Cedar Ridge Unit 1, Block 7, Lots 1B and 10, located to the southeast of Weber Road and east of Yorktown Boulevard. Zoning Request From: "RS -TF" Two - Family District To: "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay Area: 2.401 acres Purpose of Request: To allow the property owner to construct a residential development consisting of nine (9) single - family attached houses totaling eighteen (18) dwelling units. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -TF" Two - Family Vacant Medium Density Residential North "RS -6" Single - Family Park & Drainage Corridor Park & Drainage Corridor South "RS -TF" Two - Family & RS -4.5" Single - Family Medium & Low Density Residential Medium & Low Density Residential East "RS -TF" Two - Family Medium Density Residential Medium Density Residential West "RS -4.5" Single - Family 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 medium density residential uses. The proposed change in zoning to the "RS -TF" District with a Planned Unit Development Overlay (PUD) is consistent with the adopted Future Land Use Plan. Map No.: 047033 Zoning Violations: None Transportation Transportation and Circulation: The subject property has 400 feet of frontage on Cedar Pass Dr., a "01" Minor Residential Collector, and is approximately 700 feet east of Sun Valley Dr., also a "01" Minor Residential Collector. The subject property has indirect access to Yorktown Blvd, which is an "A3" Primary Arterial, via Sun Valley Dr. and to Everhart Rd., which is an "Al" Minor Arterial, via Cedar Pass Dr. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Cedar Pass Dr. 01 Minor Residential Collector 60' ROW, 40' paved 60' ROW, 40' paved Not Available Sun Valley Dr. 01 Minor Residential Collector 60' ROW, 40' paved 60' ROW, 40' paved Not Available Zoning Report Case #0412 -01, Luxury Spec Homes Inc. Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -TF" Two - Family District to the same district ( "RS -TF ") with the addition of the Planned Unit Development Overlay (PUD) to allow for the construction of nine (9) single - family attached houses, totaling eighteen (18) dwelling units. Each dwelling unit will be built on a separate lot and will share a common wall along the lot line, providing for fee - simple ownership. The PUD Overlay is being requested because the development will not strictly comply with the public access and street design standards and other dimensional requirements for the site as required by the Unified Development Code (UDC). • Applicant's Development Plan: The applicant plans to build nine (9) single- family attached, one -story buildings with two dwelling units in each building for a total of eighteen (18) dwelling units on the 2.401 -acre site. Each dwelling unit is 1,500 square feet in floor area and will share a common wall with another attached single - family dwelling unit. Each dwelling unit will be built on its own lot so that the unit can be sold with the land. Each lot will have access to a 24- foot -wide private street with a 4 -foot sidewalk on one side. Each building will have a 5 -foot side yard, 10 -foot rear yard, and a front yard ranging from 4 -18 feet. A 20 -foot front yard will be maintained a long Cedar Pass Dr. Construction of all nine (9) buildings is expected to be complete by the end of 2012. • Existing Land Uses: Located to the north of the subject property are a public park, single - family houses, and a drainage corridor. A townhouse /condominium development is located immediately to the south and east of the property. Single- family houses are also located to the south. Immediately to the west is a drainage corridor and then single - family houses. • Existing Zoning: The subject property is currently zoned with the two - family district ( "RS -TF "), which allows for single - family detached or attached, two - family or townhouse uses. The district allows a maximum density of 14.52 dwelling units per acre. Below is a comparison of the dimensional requirements for a single - family attached house in the "RS -TF" District and the proposed PUD: Minimum Dimensions "RS -TF" District Standards for single - family attached houses Proposed PUD Complies ? Site area 6,000 sq. ft. 6,300 - 15,300 sq. ft. Yes Site area per dwelling unit 3,000 sq. ft. 3,100 - 8,300 sq. ft. Yes Site width 50 ft. 15 - 85 ft. No Front yard 20 ft. 4 - 18 ft. No Side yard 5 ft. 5 ft. Yes Rear yard 15 ft. 10 ft. minimum No Open space 30% 52 - 80% Yes • AICUZ: The subject property is located in an Accident Potential Zone 2 (APZ -2) and as a residential use the proposed development is not considered a compatible land use according to the Navy's recommendations. The subject property, however, is currently zoned for two - family development and was previously platted for additional phases of the adjacent townhouse /condominium project. The proposed development will not increase the density of the subject property beyond what is currently allowed by -right under the current zoning district. Even without the approval of the PUD Overlay, the developer could K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -01 Luxury Spec Homes Inc \0412 -01 Zoning Report, Luxury Spec Homes Inc. FINAL for CC.doc Zoning Report Case #0412 -01, Luxury Spec Homes Inc. Page 3 construct medium density residential uses on this site although he /she would not be granted flexibility in the code requirements as the PUD Overlay allows. • Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with the adopted Future Land Use Map and meets other criteria of the Comprehensive Plan and Southside Area Development Plan (ADP), such as: 1. Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F) 2. Locating medium - density residential development along a collector street with convenient access to an arterial street (Comprehensive Plan, Residential Policy Statement H); and 3. Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low- density residential activities from incompatible activities (Southside ADP, Policy Statement B.1). Plat Status: The subject property is platted and will be replatted according to the PUD plan. Department Comments: • Infill development should be encouraged at this site. Traditional land use regulations can sometimes discourage development on difficult sites; whereas, PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. • The proposed development will maintain the same density allowed by -right under the current zoning district. The project could be built without using the PUD Overlay, but the UDC would not afford the project the requested flexibility in its design. • Each two -unit building should be built at the same time to create consistency in the execution of the development plan and in the aesthetics of the project. Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay with the following eight (8) conditions: 1.) Development Plan: The property shall be developed in accordance with the plat. Each two -unit structure must be constructed at the same time. 2.) Density: The density shall not exceed eighteen (18) dwelling units over 2.401 acres. There shall be nine (9) buildings with two (2) dwelling units in each building. 3.) Height: Buildings shall not exceed one -story and 35 feet in height. 4.) Parking: Each dwelling unit shall be provided two parking spaces in a private garage. Guest parking shall be provided on Lot 8. 5.) Setbacks: A minimum twenty (20) foot front yard setback shall be provided along Cedar Pass Drive. A minimum ten (10) foot rear yard and five (5) foot side yard where the building does not share a common wall with another dwelling unit is required. The front yard setback on individual lots along the private street shall be eighteen (18) feet. The front yard setback on Lots 9, 10, 11, and 12 shall be no less than four (4) feet. 6.) Access: Each lot will have access to a private street of twenty -four (24) feet as measured from back of curb to back of curb. The private street shall be striped to Zoning Report Case #0412 -01, Luxury Spec Homes Inc. Page 4 indicate "Fire Lane /No Parking" so as to maintain a twenty (20) foot wide access drive for emergency vehicles. 7.) Sidewalk: A four (4) foot sidewalk shall be constructed on one side of the private street and located in a dedicated sidewalk easement. 8.) Time Limit: Construction of the development shall commence within two (2) years from the approved ordinance date. Notification Number of Notices Mailed — 59 within 200' notification area; 0 outside notification area As of May 1, 2012: In Favor In Opposition For <1% in opposition. — 0 (inside notification area); 0 (outside notification area) — 1 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. AICUZ Map 3. Plat K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -01 Luxury Spec Homes Inc \0412 -01 Zoning Report, Luxury Spec Homes Inc. FINAL for CC.doc SUBJECT PROPERTY CASE: 0412-0 2. SITE - EXISTING ZONING, NOTICE AREA 8 OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT MuItifamlly AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Coin menial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev.. Overlay RS -10 Single- Family 10 RS-6 Single- Family 6 RS-4.5 Single-Family 4.5 RS -TF Two - Family RS -15 Single- Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Csfner with 217d'}' buffer ifY r-avor 4 O utters wiinitt 20 Med 20 X Owlets, attached ov�rrerchip7 table trr oppomlUorr City of Corpus Christi Attachment 1 AIUZ Map y of .' rpus ''" risti --FEET STREET 1.1i 1.1E STREETf•.1.Ar1E• L`i =F ' PELINE 1,000 ft THEE:. The City c' Corpus Chri --i or, Jr ss t ii -r to er [-lance public awaren= -Its in err cc _rally ur -2r deg meat ar therefore, subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Corpus Christi makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. The material from this document comes from a variety of sources. We do not control or guarantee the accuracy, relevance, kmehness or completeness of any outside information N— H Z co E— W Q ,max 0 Q co 0 JO w 0 > U U a: O Z_ j m ° Z ILI U p 1 co 0 O = T WO O LL © 2 LL 0 0 0 = U Q LL ~ ▪ a0U w a Z 0 Q C' LLI 'c;Q2 Z LJJ m Pass Drive a N 0 SHEET 2 OF 2 N61'32'00"W ,owes 3..009.szN AVM NI'100 .00'CH 3.00,BZ.BZN U 0 0 <o<m <m am mm ¢mmomiom r v u> u� 0 Z J 0_ } LO w • 1.11 co •co > ri • CT co coLn ❑ ❑ ^co Q O �� ZZ Z W Q LULU = N 0 ZC�• UcND Fe co w 0 d • coX� O 0 M Z w CI)d z 1Z a W z LJJ Z_ LL (9 Z w Ordinance amending the Unified Development Code (UDC), upon application by Luxury Spec Homes Inc., by changing the UDC Zoning Map in reference to Cedar Ridge Unit 1, Block 7, Lots 1B and 1C, from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, subject to eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Luxury Spec Homes Inc., 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, April 11, 2012, during a meeting of the Planning Commission, and on Tuesday, June 12, 2012, during a meeting of the City Council, in 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, THERFORE, 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 Cedar Ridge Unit 1, Block 7, Lots 1B and 10, located to the southeast of Weber Road and east of Yorktown Boulevard, from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay and subject to eight (8) conditions, without resulting in a change of future land use (Zoning Map 047033) (Exhibit A). SECTION 2. That the Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1.) Development Plan: The property shall be developed in accordance with the plat as shown in Exhibit B. Each two -unit structure must be constructed at the same time. 2.) Density: The density shall not exceed eighteen (18) dwelling units over 2.401 acres. There shall be nine (9) buildings with two (2) dwelling units in each building. 3.) Height: Buildings shall not exceed one -story and 35 feet in height. 4.) Parking: Each dwelling unit shall be provided two parking spaces in a private garage. Guest parking shall be provided on Lot 8. 5.) Setbacks: A minimum twenty (20) foot front yard setback shall be provided along Cedar Pass Drive. A minimum ten (10) foot rear yard and five (5) foot side yard where the building does not share a common wall with another dwelling unit is required. The front yard setback on individual lots along the private street shall be eighteen (18) feet. The front yard setback on Lots 9, 10, 11, and 12 shall be no less than four (4) feet. Page 2 of 3 6.) Access: Each lot will have access to a private street of twenty -four (24) feet as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane /No Parking" so as to maintain a twenty (20) foot wide access drive for emergency vehicles. 7.) Sidewalk: A four (4) foot sidewalk shall be constructed on one side of the private street and located in a dedicated sidewalk easement. 8.) Time Limit: Construction of the development shall commence within two (2) years from the approved ordinance date. SECTION 3. 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 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That 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 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, 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 Joe Adame Mayor, City of Corpus Christi K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -01 Luxury Spec Homes Inc \0412 -01 Ordinance, Luxury Spec Homes Inc., FINAL.docx BRE . KEN SUBJECT PROPERTY RR CKENRIDG E UNIT 5 WNHr USE NLT 2 03/./ 4/ � i2 zd 4: SRR Oeparr: ebt 0.e:.:1n: S?r icesk CASE 0412-0 Exhibit A Applicant's Request: Approval of the "RS- TF /PUD" Two - Family District with a Planned Unit Development Overlay Ordinance No.: ()CATION x z.- co E— w Q ,max 0 Q co 0 JO w 0 > U Lu U a: oz _1- coo Z ILI (.5'A i= co 0 O = T WO O (I— © 2 Li_ 00 0 = U ▪ a0U w a Z 0 Q C' LLI 'c;Q2 Z w m r Pass Drive a N 0 SHEET 2 OF 2 N61'32'00"W ,998£ 3.00,9Z.9ZN AVM NI100 .99'Cbl 3.99,BZ.BZN U 0 0 <o<m <m am mm ¢mmomiom r v u> u� Z J 0_ } LO w LL1 c0 > ri ❑ ❑• X�o Q O�� ZZ Z W Q Wijj = N ZC�UcND W • 0_ • coX 0_2 � O 0 M Z W CI)d z 1Z a w z w rzz LL 9 V z w Exhibit B AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 14, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING CBH Equity, LLC (Case No. 0412 -03) Change from "RS -6" Single - Family 6 District to "IL" Light Industrial District Property Address: 9149 State Hwy 44 CAPTION: PUBLIC HEARING — ZONING Case No. 0412 -03: CBH Equity, LLC: A change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. The property to be rezoned is approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas. RECOMMENDATION: Planning Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: The purpose of the requested change of zoning is to allow an oilfield service company to construct a 20,000- square -foot warehouse and office on approximately 2.5 acres and for future light industrial uses on the remaining 7.5 acres. There is no development plan for the 7.5 acres at this time, but it is anticipated to develop with light industrial uses. The oilfield service company sells valves and refinishes drill bits for the oilfield industry. The majority of the warehouse would be used for retail storage of the valves and about 7,500 square feet would serve as an area for refinishing the drill bits. The company would operate during normal business hours and is expected to have a limited amount of outside storage, which is allowed in the "IL" District. The subject property is currently used for agricultural purposes. The subject property is bordered to the north and west with agricultural land; to the north with an abandoned elementary school; to the east across S. Clarkwood Rd. are single - family houses and vacant City Council Executive Summary Memorandum CBH Equity, LLC (Case No. 0412 -03) Page 2 lots; and to the south across SH 44 is a recently developed convenience store and truck stop. Also, to the south and under construction is a Border Patrol facility and Baker Hughes, which is another oilfield service company. ALTERNATIVES: Deny the requested change of zoning. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the Comprehensive Plan and Port /Airport/Violet Area Development Plan (ADP), which slate the subject and adjacent properties for light industrial uses. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: 1. Zoning Report with Attachments 2. Ordinance with Exhibit A K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -03 CBH Equity \0412 -03 Agenda Memo, CBH Equity, LLC, RS -6 to IL, FINAL.docx ZONING REPORT Case No.: 0412 -03 HTE No. 12- 10000013 Planning Commission Hearing Date: April 25, 2012 Applicant & Legal Description Applicant /Owner: CBH Equity, LLC Representative: Chris Hamilton Legal Description /Location: Being approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, located on the northwest corner of South Clarkwood Road and State Highway 44. Zoning Request From: "RS -6" Single Family 6 District To: "IL" Light Industrial District Area: Approximately 10 acres, located inside city limits, out of a 13.987 -acre tract Purpose of Request: To allow for construction of a 20,000 sq. ft. pre- engineered metal building for an oilfield service company and for other future light industrial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Agricultural Light Industrial North "RS -6" Single - Family 6 Vacant, Public /Semi- Public, & Low Density Residential Light Industrial South "IL" Light Industrial & "RS-6" Single - Family 6 Agricultural & Commercial Commercial East "RS -6" Single - Family 6 Vacant & Low Density Residential Light Industrial West Outside City Limits Agricultural Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located in the Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change in zoning to the "IL" Light Industrial District is consistent with the adopted Future Land Use Plan. Map No.: 058043 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has approximately 1,500 feet of frontage along the access road of State Highway 44 (SH 44), which is an existing F1 Freeway as indicated in the Urban Transportation Plan, and 250 feet of frontage on South Clarkwood Road, which is a proposed A3 Primary Arterial. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume SH 44 F1 Freeway 400' ROW, varied paved width 360' ROW, 310' paved width at intersection Year 2005 - 20,838 ADT (Between Rand Morgan & Clarkwood) South Clarkwood Road A3 Primary Arterial 130' ROW, 79' paved width 100' ROW, 65' paved width Year 2011 - 1,239 ADT (Between Leopard &SH44) Zoning Report Case #0412 -03, CBH Equity, LLC Page 2 Staff Summary: • Requested Zoning: The applicant has requested a change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District on 13.987 acres of land, located at the northwest corner of SH 44 and S. Clarkwood Rd. This zoning change has been initiated because an oilfield service company is looking to establish its business on approximately 2.5 of the 13.987 acres. The landowner, however, has requested the rezoning of his entire property (13.987 acres) because the entire acreage is anticipated for light industrial uses. The property's current zoning district, "RS -6" Single - Family 6, does not allow for oilfield service businesses, which are classified as "light industrial services." Additionally, only 10 acres of the 13.987 -acre site are within the City Limits. Because the City does not have the authority to assign a zoning designation to land outside the city limits even if the site is within the 5 -mile Extraterritorial Jurisdiction (ETJ), only the 10 -acre portion of the landowner's property that falls within the City Limits can be rezoned. If the remaining acreage is ever annexed, the property could be rezoned to the appropriate designation at that time. • Applicant's Development Plan: The applicant proposes to use approximately 2.5 acres of the 13.987 -acre tract to build a 20,000 sq. ft. pre- engineered metal building to house offices and a warehouse for a national oilfield service company. The company sells valves and refinishes drill bits for the oilfield industry. The majority of the warehouse would be used for retail storage of the valves and about 7,500 square feet would serve as an area for refinishing the drill bits. A limited amount of outside storage is expected, which is allowed in the "IL" District. The company would have less than 20 employees and would operate during normal business hours. There is no development plan for the remaining acreage at this time, but it is anticipated for light industrial uses in the future. • Existing Land Uses: The subject property (13.987 acres) is currently used for agricultural purposes. To the north of the subject property is an abandoned elementary school. Located to the east across S. Clarkwood Rd. are low density residential uses and vacant lots. Located to the south across SH 44 is a recently developed convenience store and truck stop. Also to the south and under construction is a Border Patrol facility and Baker Hughes, which is another oilfield service company. Located to the west is vacant land outside the city limits. • Buffer Yard: A minimum 20 -foot buffer yard would be required between the subject property and the property to the north where there is the "RS -6" Single - Family 6 District. A solid screening fence would also be required between the "IL" and "RS -6" Districts. • Comprehensive Plan & Area Development Plan (ADP) Consistency: The Comprehensive Plan and the Port/Airport/Violet Area Development Plan (ADP) slate the subject property and the areas immediately adjacent to it for light industrial uses. The proposed change of zoning to the "IL" Light Industrial on the 10 acres located within the city limits would be consistent with the adopted Future Land Use Map. Plat Status: The subject property is not platted. Zoning Report Case #0412 -03, CBH Equity, LLC Page 3 Department Comments: • The Comprehensive Plan and Future Land Use Map call for the subject property and all adjacent parcels on the northwest corner of S. Clarkwood Rd. and SH 44 to be used for light industrial purposes. • The change of zoning to "IL" on 10 acres would be consistent with the Comprehensive Plan. • The proposed oilfield service company is an appropriate use of land but would have to provide the appropriate buffer where adjacent to the single - family zoning district. Planninq Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning to the "IL" Light Industrial District. Notification Number of Notices Mailed — 16 within 200' notification area; 0 outside notification area As of May 14, 2012: In Favor In Opposition For 0.0% in opposition. — 1 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map — Existing Zoning, Notice Area, & Ownership Map 2. Site Survey 3. Site Plan for the Oilfield Service Company K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -03 CBH Equity \0412 -03 Zoning Report, CBH Equity, FINAL for PC 042512.doc t i3 D A E rNAf' t44' SUBJECT ENS HWY 44 ACC PA R,K BAKER F1/2012 Preppred 8y:1 remym f oeveibpmenr a�ervices CASE: 0412-0 2. SITE EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM-2 Multifamily 2 RM -3 Multifamily 3 ON. Professional Office RM -AT Multifamily AT CN -1 Neighborhood Comma CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial. CI Intensive Com mercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy industrial PUD Planned Unit Dev, Overlay RS -10 Single - Family 10 RS-6 Single -Family 6 RS -4,5 Single-Family 4,5 RS -TF Two - Family RS -15 Single-Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Owner within 200'trsre0 ... attached ownership ra0ie inlays an avcr XOwners rn oppasaton GNE. SUBJECT PROPERTY ()CATION MAP City of Corpus Christi 0 CC H ;gt bb AVMHDIH IIVIS OD 0 2 0 0 CLARKWOOD /1 / 0 • • . • 1 1 40. Wide Driveway 19 Parking Spaces 0 1 78' , 4 IN a vaiay LL LL'OL amp OOZ °.l areas .....,, • Build to Suit ,..„..- IP • LUDDEKE 1 :::r.r."g:V; S 1_.... .t For Con 5 truc tidn [tiding Permit od 611.1aled..AN Regulatory Approvdl / -- SCHEMATIC SITE PLAN Na. REviSION ISSUE / BY DATE "101102....smr.L....onans PDF created with pdfFoctory Wel version vAny atIffactotv.com.au Ordinance amending the Unified Development Code (UDC), upon application by CBH Equity, LLC, by changing the UDC Zoning Map in reference to approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial 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 CBH Equity, 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, April 25, 2012, during a meeting of the Planning Commission, and on Tuesday, June 12, 2012, during a meeting of the City Council, in 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, THERFORE, 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 approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, located on the northwest corner of South Clarkwood Road and State Highway 44, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District (Zoning Map 058043) (Exhibit A). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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. Page 2 of 3 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 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, 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 Joe Adame Mayor, City of Corpus Christi K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -03 CBH Equity \0412 -03 Ordinance, CBH Equity, LLC, RS -6 to IL, FI NAL.docx ASSESSORS MAP 44 SUBJECT PROPERTY RS -his CL NSEE HWY 44 ACC HWY' 44 FRWY HWY 44 FRW HWY 44 ACC DEATON BAKER 4rx S U', 8 CASE: 0412-0 Exhibit A Approval of the "IL" Light Industrial District Ordinance No.: e' 1 ISE BUSINESS PAR K 22 14 R -W{3-0D 7A —4 10 11 A 2A 12 Prepered 8y: j eparrmerrr of Deveibpmen 14 1712012 remym ervice SUBJECT ;PROPERTY LOCATION MAP City of COrpUS Christi AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 10, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Interim Director of Engineering Services danb@cctexas.com Fred Segundo, Director of Aviation fredS(ccctexas.com Motion adopting a Resolution for the acquisition of an Avigation easement referred to as Parcel 3 and two tracts of land referred to a Parcels 3A and 3B, needed for the CCIA Runway 17 -35 Extension /Displacement Project. CAPTION: Motion adopting a resolution authorizing the use of the power of eminent domain to acquire certain property rights to tract of land referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, more specifically, for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport Runway Extension / Displacement Project. PURPOSE: The adoption of this resolution authorizes the City to acquire fee simple tracts of land and an avigation easement for a public aviation project using eminent domain proceedings. The City first provides owners with the Texas Landowner Bill of Rights which fully describes the eminent domain process. If the City and the landowners cannot reach an agreement on the value of the parcels and any resulting damages, then eminent domain proceedings would become necessary to acquire the parcels. This resolution establishes a public necessity for the acquisition of these parcels and authorizes initiation of eminent domain proceedings, but only in the event that they become necessary. The resolution and the motion to adopt it are required in order to comply with the new Senate Bill 18 requirements for a public record vote. BACKGROUND AND FINDINGS: On May 17, 2011, City Council approved an Ordinance appropriating $600,000 from the Unreserved Fund Balance in Passenger Facility Charge Funds to fund Capital Improvement Projects at Corpus Christi International Airport (CCIA) identified in the FY2010 -2011 Capital Budget. In addition, the ordinance changed the FY2010 -2011 Capital Budget adopted by Ordinance No. 028995 to identify alternate funding sources for airport projects. These funds were to be used on an interim basis for design, environmental studies, and land acquisition costs in advance of a future award of a Federal Aviation Administrative (FAA) grant. The future FAA Grant will provide 90% of the eligible expenses with Aviation CIP funds providing the other 10 %. The Runway 17/35 Extension Project and Runways 13/31 Extension Project will address safety issues resulting from runway incursion incidents. A runway incursion is an incident where an unauthorized intrusion occurs into a runway by an aircraft, vehicle, person or object that creates a collision hazard. These projects are the result of the Runway Alternate Study performed in year 2011 by Jacobs Engineering that recommended decoupling the runway ends at 35 and 31, following FAA new Advisory Circular standards. On the same agenda, a Motion was passed to execute a contract with KSA Engineers, Inc., of Longview, Texas for various tasks involved with the runway project development and design. Based on the location of the runway extension and FAA's recommendations, KSA Engineers determined the need for a total of six parcels comprised of three Avigation Easements and three tracts of land needed for the Runway 17 -35 runway protection zone (RPZ) and runway approach lighting stations. These six individual parcels are shown on the attached Location Map as Parcels 1 through 3B. City Land Acquisition staff began negotiations with three groups of landowners which are listed on the attached Parcel List. Offers of just compensation were made to all the landowners based on appraisal reports obtained by the City, a copy of which was provided to the property owners. City Land Acquisition staff has since completed negotiations with the owner of Parcels 2 and 2A and have acquired full title to the land and avigation easement. Parcel 3 is a 14.10 acre Avigation Easement, whereas Parcels 3A and 3B total .87 acres needed in fee simple for road and access purposes. Negotiations for Parcel 3,3A, 3B, are concluding with a final offer having been presented. In the event an agreement is not reached with the landowner, eminent domain proceedings could be required. State law, as amended by Texas Senate Bill 18, requires all entities to follow certain procedures prior to initiating eminent domain proceedings under §21.012 of the Texas Property Code. These procedures are codified in Subchapter B, of Chapter 2206, of the Texas Government Code. The parcels are grouped into individual resolutions according to landowner groups, as permitted under Tex. Gov't Code §2206.053. City Council is requested to pass a motion to adopt each resolution individually by separate record vote, as permitted under this stated code. Other similar resolutions will be presented to City Council in the near future for parcels associated with Runway 13 -31, located west of this Runway 17 -35. ALTERNATIVES: No alternatives are available. Texas law requires a resolution be adopted at a public meeting by record vote prior to initiating eminent domain proceedings. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Aviation and Engineering Departments. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] 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): Not applicable Comments: Funding will be required in the future for payment of just compensation settlements to landowners. Payments and expenditures which exceed $50,000, will require City Council approval. RECOMMENDATION: Adoption of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Parcel List Resolution File: \Mproject \councilexh \exhE1 1046LAND.dw N 4 N W4 t V V s. V.M.DONIGAN V01.1 P0.46 Y.R.N.C.T. 5 4 MARSH ANNA SPOHN WELCH 91.38 AC. 3 JOHN PAUL HOOTEN 91.36 AC. 2 NANCY OGBURN UEMPSEY 91.36 AC. 9(0 7 ROE 6 95.0. 6 ROE 6 iln r i.P. big GRAPHIC SCALE IN FEET LEGEND 500.60• 500.90. a 5Irarie I0. I000ao' PROPOSED AVIGATION EASEMENT 1\\-ppOpyyt NN161 0* PAW 11 !1 PROPOSED PROPERTY ACQUISITION PROJECT# E11046 Corpus Christi International Airport CCIA Runway 17 -35 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4 -26 -2012 EXHIBIT A Parcel List CCIA Runway 17 -35 Extension /Displacement and Connection Taxiway Project E11046 Parcel Type Landowner Name Parcel Size (ac.) Legal Description 1 Avigation Easement Anna Spohn Welch Marsh 7.80 Lot 4, V.M. Donigan Partition 2 Avigation Easement Hooten Family Trust 18.81 Lot 3, V.M. Donigan Partition 2A Fee Simple (Deed) Hooten Family Trust 1.68 Lot 3, V.M. Donigan Partition 3 Avigation Easement See Undivided Interest list below 14.10 Lot 2, V.M. Donigan Partition 3A Fee Simple (Deed) See Undivided Interest list below 0.68 Lot 2, V.M. Donigan Partition 3B Fee Simple (Deed) See Undivided Interest list below 0.19 Lot 1, V.M. Donigan Partition Parcels 3, 3A, 3B Undivided Interest % 1 James Daniel Walker 7.69% 2 Charles Arthur Walker 7.69% 3 Mary Frances Wilson Burson 7.69% 4 James Fred Ogburn 7.69% 5 Sylvia Claire Wilson Beckman 7.69% 6 George David Wilson 7.69% 7 Bettye Joyce Walker Coats 7.69% 8 Ann B. Trumbly Living Trust 7.69% 9 Kelley D. Cook 7.69% 10 Starla Leigh Burnham 2.56% 11 William Taylor Laughlin 7.69% 12 Rodney Blake Driskill 7.69% 13 Nancy Ogburn Dempsey 7.69% 14 Jarma Dawn Aycox 2.56% 15 David Eugene Burnham 2.56% 100% j: \gen \agenda items \ccia runway 17 -35 resolution \exhibit b. parcel list.docx EXHIBIT B Resolution determining the necessity to acquire a tract of land and easement rights for property referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, as described in Exhibits "A ", "C ", and "E" and delineated in Exhibits "B ", "D ", and "F" attached hereto and incorporated herein, authorizing the filing of eminent domain proceedings for the CCIA Runway Extension / Displacement Project for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas. The owners of the needed property interests are James Daniel Walker, Charles Arthur Walker, Mary Frances Wilson Burson, James Fred Ogburn, Sylvia Claire Wilson Beckman, George David Wilson, Bettye Joyce Walker Coats, Ann B. Trumbly Living Trust, Kelley D. Cook, Starla Leigh Burnham, William Taylor Laughlin, Rodney Blake Driskill, Nancy Ogburn Dempsey, Jarma Dawn Aycox, and David Eugene Burnham. The property is located on State Highway 44 and Hopkins Road across from the Corpus Christi International Airport, in Corpus Christi, Nueces County, Texas. WHEREAS, the City Council of the City of Corpus Christi has found that public necessity requires the City of Corpus Christi to acquire certain real property interests for public purposes as set out below; and WHEREAS, the City of Corpus Christi has attempted to purchase those needed real property interests but has been unable to agree with the owners on the value of the property interest, or the damages, if any; WHEREAS, the in accordance with the Texas Property Code, the City has provided the landowners with a copy of the Landowner's Bill of Rights; WHEREAS, in accordance with state law, the City has obtained a written appraisal from a certified appraiser of the value of the property being acquired and damages, if any, to the remainder; WHEREAS, the City has waited thirty (30) days from the date of the initial offer, delivered a copy of the certified appraisal, and made a final offer to the landowners and has included in the final offer an amount at least as much, or greater than the certified appraisal; WHEREAS, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of a present quorum of the City Council, determined to utilize its constitutional and resolution %20for %20walker[1] - Parcel 3 statutory authority to exercise its authority for eminent domain in accordance with State law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire the tract of land, as described in Exhibits "A ", "C ", and "E" and delineated in Exhibits "B ", "D ", and "F ", attached hereto and incorporated herein, within the City of Corpus Christi, Nueces County, Texas, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its Corpus Christi International Airport including but not limited to runway extension, related apparatus, and other facilities related to avigation purposes to accommodate and make operable the runway extension. That the legal descriptions of said property are attached hereto as Exhibits "A ", "C ", and "E" and delineated in Exhibits "B ", "D ", and "F ", all being made a part hereof for all purposes. Section 2. That the City Attorney, or other authorized designee, is hereby authorized and directed to file, or cause to be filed, a suit in eminent domain on behalf of the City of Corpus Christi against the owners now having, or who may acquire, an interest in the real property interests necessary to the City, described and located below, for the public purposes set out below, and to take whatever other action may be deemed appropriate to effect the necessary acquisitions. Section 3. The City Attorney, or other authorized designee, shall file eminent domain proceedings for: Owners: Project: resolution %20for %20walker[1] - Parcel 3 James Daniel Walker, Charles Arthur Walker, Mary Frances Wilson Burson, James Fred Ogburn, Sylvia Claire Wilson Beckman, George David Wilson, Bettye Joyce Walker Coats, Ann B. Trumbly Living Trust, Kelley D. Cook, Starla Leigh Burnham, William Taylor Laughlin, Rodney Blake Driskill, Nancy Ogburn Dempsey, Jarma Dawn Aycox, and David Eugune Burnham. The CCIA Runway Extension / Displacement Project #E11046 will provide for the construction and extension of Runway 17 by 600 feet to the north toward State Highway 44. The proposed runway extension will then require lighting and navigation aids to be placed on the North side of Public Purpose: State Highway 44, along with an Avigation Easement that will extend northward approximately 1120 feet. The permanent Avigation Easement is described in the attached Exhibits "A" and "B" and needed for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". A tract of land containing 0.87 acres will also be acquired fee simple that will provide for an access road off of Hopkins Road leading to the location of the lighting and navigation aids to assist with airport operations. Location: State Highway 44 across from CCIA Corpus Christi, Texas 78406 Property: Described in the attached and incorporated Exhibits A, B, C, D, E, F. Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. Section 5. The owners or parties claiming interest in said property are depicted on Exhibits "A ", "C ", and "E ". Section 6. The Recitals are incorporated for all purposes as if they were fully recited herein. Section 7. This Resolution shall take effect immediately from and after its adoption and it is so resolved. resolution %20for %20walker[1] - Parcel 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary resolution %20for %20walker[1] - Parcel 3 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 resolution %20for %20walker[1] - Parcel 3 LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 PARCEL NO. 3 Field note description for a 14.10 acre tract more or less, out of a 91.36 acre tract of land being out of Tract 2 of the Partition of V.M. Doriigan 456.65 acre tract in Sections 6 and 7, Ranch VI of the H.L. Kinney Sectionized Land in Nueces County, Texas, recorded in Volume 1, Page 49, Miscellaneous Map Records attached to Partition Deed dated January 12, 1951, recorded under Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, said 14.10 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a point in the north right of way line of the Texas Mexican Railroad right of way, the southwest corner of said Nancy Ogburn Dempsey 91.36 acre tract, the southeast corner of John Paul Hooten 91.36 acre tract, for the southwest and beginning corner of the tract herein described; Thence North 00 °- 47' -34" West, a distance of 1,120.89 feet to a point for the northwest comer of the tract herein described; Thence North 88 °- 39' -16" East, a distance 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1,132,89 feet to a point in the north right of way line of said Texas Mexican Railroad right of way for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, with the north right of way line of said Texas Mexican Railroad right of way, a distance of 469.61 feet to the Point of Beginning. Containing more or less (614,318.12 Square Feet) 14.10 acres of land. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor of LNV, Inc., hereby certify that the foregoing field note description was prepared from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyors Association Standards and Specifications for a Category 1 -A, Land Title Survey. Sr- This the/ day of AmeA 2012. 7411-t_Ae4 paiceec., Horacio Oliveira State of Texas License No, 1415 Exhibit "A" V.M.DON}GAN VOL.1 PG.49 M.R.N.C.T. N 88'39'18" E 626.84' 0 'ON 0131 '1i 'OS Ll111£149 = £ 1392Nd • RN VI F 5 if V1 0 4'6 N 88'33.0 E 2188.29• 28 ACL S 88'35'43• W 469.61' D — X STATE HIGHWAY 44 (AGNES ST) 11I EP § a a - ROw ROw ROw } - ROW Exhibit "B" Parcel 3 LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 Field note description for 0.68 acre tract, more or less out of a 91.36 acre tract of land being out of Tract 2 of the Partition of the V.M. Donigan 456.65 acre tract in Sections 6 and 7, Range VI of the N.L. Kinney Sectionized Land in Nueces County, Texas, recorded in Volume 1, Page 49. Miscellaneous Map Records attached to Partition Deed dated January 12, 1951, recorded under Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas, 0.68 acre tract is part of the 14.10 acre tract out of Tract IV of Fidelity National Title Commitment GF No. 120220902 -5 and being more particularly described by metes and bounds as follows: Commencing at the southwest comer of said Lot 2 of the V.M. Donigan Subdivision and the north right of way line of the Texas Mexican Railroad , from whence a found 1 inch iron pipe at the southwest corner of Lot 4 of the V.M.Donigan Partition recorded in Volume 1 Page 49 of the Map Records Nueces County. Texas, bears South 88 °- 33' -07" West a distance of 2188.29 feet. Thence North 00 °- 47' -34 "West a distance of 451.20 feet to the southwest corner and Point of Beginning of the tract herein described; Thence North 00 °- 47' -34" W, a distance of 40.00 feet to a point for the most northwesterly corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of200.01 feet to a point, for an interior corner of the tract herein described, Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point, for an interior corner of the tract herein described: Thence North 880- 39'46" East, a distance of 406.98 feet to a point. for the most northeasterly comer of the tract herein described; Thence South 00 °- 47' -23 East, a distance of 40.00 feet to a point on the east property line of said Lot..2 V.M. Donnigan Partition, recorded in Volume 1 Page 49, Map Records Nueces County Texas and the west property line of Lot 1 of the V.M. Donnigan Partition recorded in Volume 501 Page 228 of the Deed Records Nueces county Texas for a corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point, for an interior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point, for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to the Point of Beginning. Containing more or Tess 0.68 (29.742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor. of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the ! day of 2012. f Horacio Oliveira State of Texas License No, 1415 Exhibit "C" CAI 00 m2 o0 ws o 5 V.M.DONICAN VOL.1 PG.49 M.R.N.C.T. g N t g E 0 a z I III rq THill/ t g € s N O O m N M C 5 I n j 238B29' (TEXAS NE%ICAN RAIL ROAD llllilllillilil 1114 i11illi1H -11+ liii1111111FH+Hi111111111 H#{- 144411111114 4+4.4 4111111114 l-4 4111111111II111111 O w 0 ROW STATE HIGHWAY 44 (AGNES ST) 300' R.O.W. ROW ROW ROW ROW Exhibit "D" Parcel 3A LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 Field note description for 0.19 acres tract, more or less is out of a 91.36 acre tract of land being out of Tract 1 of the Partition of the V.M. Donigan 456.65 acre tract in Sections 6 and 7, Range VI of the H.L. Kinney Sectionized Land in Nueces County, Texas, recorded in Volume 1, Page 49, Miscellaneous Map Records attached to Partition Deed dated January 12, 1951. recorded under Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: Commencing at a point on the south property line of said Lot 1 of the V.M. Donigan Partition and the north right of way line of the Texas Mexican Railroad , from whence a found 1 inch iron pipe at the southwest corner of Lot 4 of the V.M.Donigan Partition recorded in Volume 1 Page 49 of the Map Records Nueces County, Texas, bears South 88 °- 35' -04" West a distance of 2920.80 feet, Thence N 00 °- 47' -23 "W a distance of 395.44 feet to the southwest corner and point of beginning of the tract herein described; Thence North 000- 47' -23" W. a distance of 40.00 feet to a point for the most northwesterly comer of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point on the west right of way of an unrecorded road (Hopkins Road) located with the use of design drawings provided by the City of Corpus Christi, for the most northeasterly corner of the tract herein described; Thence in a southwesterly direction with west right of way of said Hopkins Road, and with the arc of a circular curve to the right, whose Central Angle is 07 °- 46' -35", whose Radius is 312.94 feet, a distance of 42.47 feet to a point for the southeast comer of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to the Point of Beginning. Containing more or less (8,096.08 Square Feet) 0.19 acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 347- day ofAkeelt 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "E" ID i 14 iv a § c> i117 L ° ,ZV. ffiliPift s sC� f § £ m y 8 fR g i 0 I 11 es III 2 OM is god 0 +p� gigig g�o 0 0 N I/ ROW S 88'35'04' W 2920.00' 2 0 U2 1w w f p m a en ,00L =,1 :3TYJS Mon HOPKINS RD NOW ROW ROW ROW TEXAS MEXICAN RAIL ROAD F ROW STATE HIGHWAY 44 (AGNES ST) 300' R.O.W. Exhibit "F" 08 in ROW ROW Parcel 3B AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 10, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Interim Director of Engineering Services danb@cctexas.com Fred Segundo, Director of Aviation fredS(ccctexas.com Motion adopting a Resolution for the acquisition of an Avigation easement referred to as Parcel 1, needed for the CCIA Runway 17 -35 Extension /Displacement Project. CAPTION: Motion adopting a resolution authorizing the use of the power of eminent domain to acquire certain property rights to an Avigation and Hazard Easement referred to herein as Parcel 1 located in the area adjacent to State Highway 44, more specifically, for 7.80 acres being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. PURPOSE: The adoption of this resolution authorizes the City to acquire avigation easements for a public aviation project using eminent domain proceedings. The City first provides owners with the Texas Landowner Bill of Rights which fully describes the eminent domain process. If the City and the landowners cannot reach an agreement on the value of the parcel and any resulting damages, then eminent domain proceedings would become necessary to acquire the parcel. This resolution establishes a public necessity for this acquisition of the parcel and authorizes initiation of eminent domain proceeding, but only in the event that they become necessary. The resolution and the motion to adopt it are required in order to comply with the new Senate Bill 18 requirements for a public record vote. BACKGROUND AND FINDINGS: On May 17, 2011, City Council approved an Ordinance appropriating $600,000 from the Unreserved Fund Balance in Passenger Facility Charge Funds to fund Capital Improvement Projects at Corpus Christi International Airport (CCIA) indentified in the FY2010 -2011 Capital Budget. In addition, the ordinance changed the FY2010 -2011 Capital Budget adopted by Ordinance No. 028995 to identify alternate funding sources for airport projects. These funds were to be used on an interim basis for design, environmental studies, and land acquisition costs in advance of a future award of a Federal Aviation Administrative (FAA) grant. The future FAA Grant will provide 90% of the eligible expenses with Aviation CIP funds providing the other 10 %. On the same agenda, a Motion was passed to execute a contract with KSA Engineers, Inc., of Longview, Texas for various tasks involved with the runway project development and design. Based on the location of the runway extension and FAA's recommendations, KSA Engineers determined the need for a total of six parcels comprised of three Avigation Easements and three tracts of land needed for the Runway 17 -35 runway protection zone (RPZ) and runway approach lighting stations. These six individual parcels are shown on the attached Location Map as Parcels 1 through 3B. In compliance with FAA's land acquisition guidelines, City Land Acquisition staff began negotiations with three groups of landowners which are listed on the attached Parcel List. Offers of just compensation were made to all the landowners based on appraisal reports obtained by the City, a copy of which was provided to the property owners. City Land Acquisition staff has since completed negotiations with the owner of Parcels 2 and 2A and has acquired full title to the land and avigation easement. Negotiations for Parcel 1, Avigation Easement, are concluding with a final offer having been presented. In the event an agreement is not reached with the landowner, eminent domain proceedings could be required. State law, as amended by Texas Senate Bill 18, requires all entities to follow certain procedures prior to initiating eminent domain proceedings under §21.012 of the Texas Property Code. These procedures are codified in Subchapter B, of Chapter 2206, of the Texas Government Code. The parcels are grouped into individual resolutions according to landowner groups, as permitted under Tex. Gov't Code §2206.053. City Council is requested to pass a motion to adopt each resolution individually by separate record vote, as permitted under this stated code. Other similar resolutions will be presented to City Council in the near future for parcels associated with Runway 13 -31, located west of this Runway 17 -35. ALTERNATIVES: No alternatives are available. Texas law requires a resolution be adopted at a public meeting by record vote prior to initiating eminent domain proceedings. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Aviation and Engineering Departments. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] 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): Not applicable Comments: Funding will be required in the future for payment of just compensation settlements to landowners. Payments and expenditures which exceed $50,000, will require City Council approval. RECOMMENDATION: Adoption of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Parcel List Resolution File: \Mpro ec t`councllexh\exhE11046LAND.dw+q i 5 v.M.oONICAN OOL1 P0.40 WARW. 4 3 ImSH ANNA SPOHN .10194 PATH. HOOtEN WECCN 91.56 AC. 91.26 AC. 2 NANCY OGEURN 0EMPSYY 41.76 AC. 0E0 7 ROE SEA 6 ROE 0 1Me n t. \r qil0 500' GRAPHIC SCALE IN FEET LEGEND \ \ \N PROPOSED AVIGATION EASEMENT E PROPOSED PROPERTY ACQUISITION PROJECT# E11046 Corpus Christi CITY COUNCIL EXHIBIT International Airport CCMA Runway 17 -35 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 4 -26 -2012 Parcel List CCIA Runway 17 -35 ExtensionlDisplacement and Connection Taxiway Project E11046 Parcel Type Landowner Name Parcel Size (ac.) Legal Description Lot 4, V.M. Donigan Partition 1 Avigation Easement Anna Spohn Welch Marsh 7.80 2 Avigation Easement Hooten Family Trust 18.81 Lot 3, V.M. Donigan Partition 2A Fee Simple (Deed) Hooten Family Trust 1.68 Lot 3, V.M. Donigan Partition 3 Avigation Easement See Undivided Interest list below 14.10 Lot 2, V.M. Donigan Partition 3A Fee Simple (Deed) See Undivided interest list below 0.68 Lot 2, V.M. Donigan Partition 3B Fee Simple (Deed) See Undivided Interest list below 0.19 Lot 1, V.M. Donigan Partition Parcels 3, 3A, 3B Undivided Interest % 1 James Daniel Walker 7.69% 2 Charles Arthur Walker 7.69% 3 Mary Frances Wilson Burson 7.69% 4 James Fred Ogburn 7.69% 5 Sylvia Claire Wilson Beckman 7.69% 6 George David Wilson 7.69% 7 Bettye Joyce Walker Coats 7.69% 8 Ann B. Trumbly Living Trust 7.69% 9 Kelley D. Cook 7.69% 10 Staria Leigh Burnham 2.56% 11 William Taylor Laughlin 7.69% 12 Rodney Blake Driskill 7.69% 13 Nancy Ogburn Dempsey 7.69% 14 Jarma Dawn Aycox 2.56% 15 David Eugene Burnham 2.56% 100% j:\gen \agenda items \ccia runway 17 -35 resolution \exhibit b. parcel list.docx Resolution determining the necessity to acquire easement rights .for..- property referred -to herein - as- Parcel ..1._. located - .in-- the .. area adjacent to State Highway 44, as described in Exhibit "A" and delineated in Exhibit "B," attached hereto and incorporated herein, authorizing the filing of eminent domain proceedings for the CCIA Runway Extension / Displacement Project for 7.80 acres for an Avigation Easement; being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas. The owner of the needed property interests is Anna Spohn Welch Marsh. The property is located on State Highway 44 across from the Corpus Christi International Airport, in Corpus Christi, Nueces County, Texas. WHEREAS, the City Council of the City of Corpus Christi has found that public necessity requires the City of Corpus Christi to acquire certain real property interests for public purposes as set out below; and WHEREAS, the City of Corpus Christi has attempted to purchase those needed real property interests but has been unable to agree with the owners on the value of the property interest, or the damages, if any; WHEREAS, the in accordance with the Texas Property Code, the City has provided the landowners with a copy of the Landowner's Bill of Rights; WHEREAS, in accordance with state law, the City has obtained a written appraisal from a certified appraiser of the value of the property being acquired and damages, if any, to the remainder; WHEREAS, the City has waited thirty (30) days from the date of the . initial offer, delivered a copy of the certified appraisal, and made a final offer to the landowners and has included in the final offer an amount at least as much, or greater than the certified appraisal; WHEREAS, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of a present quorum of the City Council, determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public necessity exists for the welfare of the City and its citizens and it resolution for marsh.doc - Parcel 1 is in the public interest to acquire the tract of land, as described in Exhibit "A" and delineated in Exhibit "B, attached hereto-and -incorporated herein-, the- City of Corpus Christi, Nueces County, Texas, far suc - public use; that such- acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its Corpus Christi International Airport including but not limited to runway extension, related apparatus, and other facilities related to avigation purposes to accommodate and make operable the runway extension. That the legal descriptions of said property is attached hereto as Exhibit "A" and delineated in Exhibit "B," all being made a part hereof for all purposes. Section 2. That the City Attorney, or other authorized designee, is hereby authorized and directed to file, or cause to be filed, a suit in eminent domain on behalf of the City of Corpus Christi against the owners now having, or who may acquire, an interest in the real property interests necessary to the City, described and located below, for the public purposes set out below, and to take whatever other action may be deemed appropriate to effect the necessary acquisitions. Section 3. The City Attorney, or other authorized designee, shall file eminent domain proceedings for: Owner: Anna Spohn Welch Marsh Project: The CCIA Runway Extension 1 Displacement Project #E11046 will provide for the construction and extension of Runway 17 by 600 feet to the north toward State Highway 44. The proposed runway extension will require an Avigation Easement located on the North side of State Highway 44 extending northward approximately 1120 feet. Public Purpose: The permanent Avigation Easement is described in the attached Exhibits "A" and "B" and needed for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Location: State Highway 44 across from CCIA Corpus Christi, Texas 78406 resolution for marsh.doc - Parcel 1 Property: Described -in the attached and incorporated Exhibits A and B Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. Section 5. The owners or parties claiming interest in said property are depicted on Exhibit "A ". Section 6. The Recitals are incorporated for all purposes as if they were fully recited herein. Section 7. This Resolution shall take effect immediately from and after its adoption and it is so resolved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor resolution for marsh.doc - Parcel 1 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott resolution for marsh.doc - Parcel 1 L Inc. 801 Navigation Blvd:, Suite 2000 orpus rIs , exas 78408 PARCEL NO. 1 Fiekl.,Plate Description for a 180.acre tract of land tailed Parcel "11;.calt of tho Marsh Anna Spohn Welch, 91.6 acre tract of land,. out-of the V.M, Donigan .plhttetotded in, VIiluitie ITap 49. MisCeilandouS Map attached to Partition Deed 3:10003, V.Olume 5014 Pae 22.8, Deed Roporos Qf Nueces county, TOas,:said 780 ;acre tract of land .being inore particularly y riitte'sand ,boands as follows! Bevoilig at apOintin the mirth right pf.WaY line of the Texas Mexican Rai Iroad..,.along Statellighway No. .44 the soutinvest corner:Oa 9136.:acre tract. of land in the narnexiflehn Paul Roote.n, the .so.utheast.corrier ofsald 9136:acre tract. for the southeast :and beginning comer iof the tract'bercin described.; Thence South 88245'43" West, With the north right Of way line of said texas Mexican Railroad; a •stance of20.39 feet to ra :point for the southwest cornet of thertract herein described; Thence ,Nrtn was., a distahc6 of 1,134 feet:to:a point for the northWeSt comer of the tract herein. described; Then0e NOrth 8P-39.'-1'6" East, a .distance of 3.908 feet to a part in the west line ofsMd 9-1;36 acre Plobten proprty, far the northeast corner of.The traCt herein described; Thence South 006.-48'-41"' East, with the west hae of said Illootetrtract of land, a distance Of 1,1/1,64 feet to the Point of Deginning. Containing !note or Jess .(339,5S7.3 SqUare Feet) 7.80 acres of land. State of Texas County Uf Nueoes 1, Ho-ratio :Oliveira, a Reglitered Professional Laud Surveyor -6f LNV, Inc., hereby -Pert* that the foregiing field note description was prepared from a survey madv on the ground under my direction, and that this description:conforms to.the current Texas Surveyors Association Standards and Specifications for •a Category I -A, Land Title Survey. This the ;Pr. day of ./41411M tioracio Oliveira State of Texas License 'No. 1415 Exhibit "A" N was' 6" E 392.08' „g‘‘ INILIX3 ilAr qPi I 35 AG. r*( ROW ROW N 8r33'07- E 1244.22' S 88'35'43" W 213.39* 26. ROL STATE HIGHWAY 44 (AGNES ST) rj G) - RON ROW ROw Exhibit "B" ROW Parcel 1 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Execute Construction Contract Rehabilitation of Lift Station FY 2011 Everhart and Staples Lift Station Padre Island Section 4 Lift Station CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Base Bid of the Rehabilitation of Lift Stations FY 2011 Project as follows: • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station PURPOSE: The purpose of this Agenda Item is to execute the construction contract for the Rehabilitation of Lift Stations FY 2011: Everhart and Staples Lift Station and Padre Island Section 4 Lift Station. BACKGROUND AND FINDINGS: The proposed project is funded through FY 2011 -2012 Wastewater Capital Budget & Capital Improvement Planning Guide. The contract has bid and City Council approval is required for construction to commence. The project consists of the rehabilitation of two lift stations which requires control of flow, the replacement of pump bases, dry pit submersible pumps, suction /discharge piping, fittings, pump control panels, main electrical disconnects, plug valves, check valves and miscellaneous items of work required to complete project in accordance with plans, specifications and contract documents. C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \918 CITYCOUNCIL_5_29_2012 0039 1 2B5B2321- A8CA- 494E- 931B- C1ED9F573422.DOCX On April 25, 2012, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid J. S. Haren Company Athens, Texas $857 000.00 R. M. Wright Construction Company El Paso, Texas $878 000.00 Associated Construction Partners Boerne, Texas $980 000.00 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, Urban Engineering, conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder based on the Total Base Bid is J. S. Haren Company of Athens, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, J. S. Haren Company has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2011 -2012 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,000,000.00 $2,000,000.00 $3,000,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $857,000.00 $857,000.00 BALANCE Fund(s): Wastewater CIP Comments: The project requires 180 calendar days, with anticipated completion approximately January 2013. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \918 CITYCOUNCIL_5_29_2012 0039 1 2B5B2321- A8CA- 494E- 931B- C1ED9F573422.DOCX RECOMMENDATION: City staff and Urban Engineering recommend that the construction contract be awarded to J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Rehabilitation of Lift Stations FY 2011: Everhart and Staples Lift Station and Padre Island Section 4 Lift Station for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \918 CITYCOUNCIL 5 29 2012 \0039 1 2B5B2321- A8CA- 494E- 931B- C1ED9F573422.DOCX PROJECT BUDGET REHABILITATION OF LIFT STATIONS FY 2011 EVERHART AND STAPLES LIFT STATION PADRE ISLAND SECTION 4 LIFT STATION Project No. E10142 June 12, 2012 FUNDS AVAILABLE: Wastewater CIP $3,000,000.00 FUNDS REQUIRED: Construction (J. S. Haren Company) Base Bid $857,000.00 Contingencies (10 %) 85,700.00 Consultant Fees: Consultant Design (Urban Engineering) * 103,900.00 Construction Materials Testing (Rock Engineering & Testing Laboratory) 17,140.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 23,567.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 29,995.00 Misc. (Printing, Advertising, etc.) 4,285.00 TOTAL $1,121,587.50 BALANCE $1,878,412.50 * Consultant Design Contract awarded on April 12, 2011 to Urban Engineering (Motion No. M2011- 086). Construction Observation Services is included in Consultant Design Contract. \ Mproject \councilexhibits \exhE10142.dwg Up I .w°LTCTS 13 R CORPUS CHRISTI Kay CL CCIA BEAR Everhart and Staples Lift Station ono RqT� p pTj h M, 43 CO PROJECT #E10142 Padre Island Section Lift Station LOCATION MAP NOT TO SCALE _M 3lDRE WHITECAP cliff Of 3v1'EXICO Lift Station Rehabilitation 2011 • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 o •o- U U U itation 2011 Lift Station Rehabi -o c c o o 84= 84.71 4-1 C O 0 •- CD V cn N co co v-1 0 �V 4-1 L N c ca Q o S N V s_ cu c V Presentation Lift Station Rehabilitation 2011 w w s V N V 4w .� 0 CI. id aeVJ 'A0 .clap C 2 Construction Phase 6 Month Total Construction Duration w OA CCI V • 0 FUNDS AVAILABLE: $3,000,000.00 Wastewater C IP . FUNDS REQUIRED: $857,000.00 O 0 0 0 0 O O O LO L( ) O O O f` f` 0 0 oO r- 6) - OO Lo L6 co- R. f` CO O - Ln N • o :1L3 :_o • J : O1 o 06 O1 a) • 0 W •L U Q a) Et 0) 0) O U c IhH o (-) }, 4 O U N ( ( • U -, 2 fn +-� fn (i) ( ) U U U U U Reimbursements: J O H $1,878,412.50 BALANCE O N 2 O O O U 2 a3 "La co •L o c o c a) in L D O O O •- N D N •.. — c Q - Q •(1) O N N s - _ (a U) a3 U • (� 0 � O _Q �O O_ a) 0 2 • U O U CO O AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Mark Van Vleck, P. E., Interim Director of Development Services markvv @cctexas.com (361) 826 -3246 Pete Anaya, P. E., Director of Planning petean@cctexas.com (361) 826-3781 RESOLUTION AUTHORIZING PROVISIONALLY ACCREDITED LEVEE (PAL) AGREEMENT WITH FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Corpus Christi Flood Protection System CAPTION: Resolution authorizing the City Manager, or designee, to execute a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. PURPOSE: The purpose of the PAL is to continue to recognize the Salt Flats Levee and Concrete Flood Wall as a component of the Corpus Christi Flood Protection System as being accredited by FEMA for reducing flood risk and exposure for the 100 -year level of protection (a one - percent possibility) storm event and assessing levee recertification requirements. C\PROGRAM FILES \GRANICUS \LEGISTARS \ PACKET \918 CITY COUNCILS 29 2012 0040 1 A96FD / B4 -E1 C0- 46C8 -AC54- OEDBCD425E99.DOCX BACKGROUND AND FINDINGS: The U.S. Department of Homeland Security. Federal Emergency Management Agency (FEMA) is currently working to prepare updated and revised Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for Nueces County, including the City of Corpus Christi. This restudy effort is part of FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) program and reflects FEMA policy updates Post Hurricane Katrina and Hurricane Ike. In particular, FEMA's assessment methodology of storm surge analysis and wave run -up along coastal structures and levee systems are a new feature from past issued FIRM's. The current issued FIRM's for Nueces County show the Corpus Christi Flood Protection System as accredited (reducing the flood risk) for the 100 -year storm event. To be recognized and annotated on the updated FIRM's under the current remapping effort, FEMA requires that the earthen Salt Flats Levee System and the concrete floodwall adjacent to the Corpus Christi Museum of Science and History be recertified in accordance with 44 CFR 65.10. FEMA has classified the Corpus Christi Seawall as a coastal structure, not a levee, and not subject to recertification as provided by 44 CFR 65.10. ALTERNATIVES: Four alternatives are offered: 1. Do Nothing - Submit written notice to FEMA of the City intent not to certify the Salt Flat's Levee System and adjacent concrete floodwall as a flood control structure. 2. New Flood Protection System - Submit written notice to FEMA of City intent not to certify the Salt Flat's Levee System and adjacent concrete floodwall as a flood control structures but proceed to investigate the design requirements of a new flood protection system for the downtown area. Construction costs of investigated improvements of this new flood protection system are unknown at this time, but are anticipated to be significant. 3. Enter into the PAL Agreement -. Submit written notice of City intent to enter into a PAL Agreement with FEMA. With this notice in effect, the future revised draft FIRM's would show the levee as a PAL upon release. Over the next 24 -month period, notice is given to our community that Salt Flats Levee and concrete floodwall levee certification verification is underway. It is anticipated that recertification verification may require some reconstruction /enhancements of the existing levee system infrastructure. 4. Enter into the PAL Agreement and Improve Coastal Structures - Submit written notice of City intent to enter into a PAL Agreement with FEMA, and proceed to consider future improvements to the Corpus Christi Flood Projection System, with emphasis on assessment of improvements to coastal structure and the seawall system to mitigate for wave action. Costs of improvements associated C\PROGRAM FILES \GRANICUS \LEGISTARS \PACKET \918 CITY COUNCILS 29 2012\0040 1 A96FD / B4 -E1 C0- 46C8 -AC54- OEDBCD425E99.DOCX with requisite improvements to the coastal structures including seawall wave action are unknown, but are considered to be significant. OTHER CONSIDERATIONS: If the City enters into a PAL Agreement, the upcoming revised draft FIRM's, levees will be labeled as PAL's during the 24 -month period to notify map users that levee certification verification is underway. FEMA requires that documentation for certification of the levee system meeting 44 CFR 65.10 be provided by May 29, 2014. Failure to recertify the Levee system could limit the City's future opportunity to positively influence flood insurance rates in our community if the City would later make improvements to the flood coastal structures or other components of the flood protection system. Future infrastructure improvements to minimize the wave run -up along the seawall could reduce flood insurance rates in conjunction with levee and concrete flood wall certification. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Storm Water Department Development Services Planning Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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 $0.00 $0.00 BALANCE Fund(s): N/A Comments: Urban Engineering is currently under contract to develop a Levee Certification C\PROGRAM FILES \GRANICUS \LEGISTARS \ PACKET \918 CITY COUNCILS 29 2012 0040 1 A96FD / B4 -E1 C0- 46C8 -AC54- OEDBCD425E99.DOCX Guidance Document, as part of the Salt Flats Levee System Improvements. The purpose of this document is to investigate the structural integrity of the existing Salt Flats Levee as well as the impediments to certification of the Flood Protection System. This guidance document will provide alternatives and costs for potential improvements, and provide an action plan for Levee System Certification. Future costs associated with re- certifying the Levee System in accordance with FEMA requirements would be presented to City Council for consideration and possible appropriation of Type A funds. City staff will schedule a workshop(s) with City Council and Type A Board to further address community impacts when FEMA publishes revised updated floodplain maps for public view and comment. FEMA's schedule for publication of updated FIRM's is unknown, but anticipated prior 2012 year end. RECOMMENDATION: City Staff recommends entering into the PAL Agreement with FEMA and proceed with alternative 3. Future wave action mitigation along the Corpus Christi Seawall could follow after anticipated infrastructure requirements of levee system recertification are known. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Letter from FEMA dated March 2, 2012 C\PROGRAM FILES \GRANICUS \LEGISTARS \ PACKET \918 CITY COUNCILS 29 2012 0040 1 A96FD / B4 -E1 C0- 46C8 -AC54- OEDBCD425E99.DOCX File : \Mproject \councilexhibits \exh3428e.dwg F M 624 6 .NU�c�s �.�y ROAD ���hA CORPUS CHRISTI RAy CCI A McGL01N RD XJ LOCATION MAP NOT TO SCALE Concrete Flood Wall near Corpus Christi Museum of Science and Histor CORPUS C3- (RIS`I7 RA y INTERSTATE 37 PROJECT # 3428 SITE LOCATION NOT TO SCALE SALT FLATS LEVEE SYSTEM 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 a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. 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 a Provisionally Accredited Levee (PAL) Agreement, and all related documents, with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 051512 reso provisionally accredited levee (pal) agreement (fema) for scenario al 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 051512 reso provisionally accredited levee (pal) agreement (fema) for scenario al March 2, 2012 The Honorable Joe Adame Mayor, City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 U.S. Department of Homeland Security Region VI 800 N. Loop 288 Denton, TX 76209-3698 FEMA RE: Request for Levee System Certification Documentation - Corpus Christi Flood Protection Systein Dear Mayor Adame: The Federal Emergency Management Agency (FEMA) is currently working to prepare Preliminary Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for the county area. This restudy effort is part of FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) program. As part of the mapping effort, we determined the flood hazard information depicted in the county and incorporated community's current maps and FIS' are based, in some areas, on flood risk reduction structures. The Corpus Christi Flood Protection System in Nueces County reduces the flood hazard risk for communities within its vicinity. The current effective flood maps in Nueces County show the levee as accredited (reducing the flood risk) for a flood that has a one-percent- chance of being equaled or exceeded in any given year (also known as the base flood or 100-year flood). The Corpus Christi Flood Protection System includes an earthen levee on the west side, and a small floodwall on the northeast corner and are subject to levee certification requirements. For FEMA to continue to recognize the Corpus Christi Flood Protection System on the FIRM maps that are currently in production, we will need to receive documentation which meet the requirements of the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10), entitled "Mapping of Areas Protected by Levee Systems." A copy of the regulation can be found at http://www.access.gpo.govinara/cfr/waisidx_02/44cfrv1_02.html. In accordance with 44 CFR 65.10(a), it is the responsibility of the community or other party seeking recognition of a levee system, to certify the levee system provides risk reduction from the base flood by submitting data defined and outlined in the regulation. The remainder of the Corpus Christi Flood Protection System consists of seawall which are considered to be coastal structures, not levees, and do not need to be certified to 44 CFR 65.10. www.fema.gov The Honorable Joe Adame March 2, 2012 Page 2 In order to comply with this request, there are three options your community may pursue: 1. Submit all required documentation to fully comply with 44 CFR 65.10 If your community or levee owner has all of the documentation necessary to satisfy the requirements of 44 CFR 65.10, please submit the data to the FEMA Region 6 Office within 30 days. This documentation should include an existing operation and maintenance plan, and record of an on-site inspection by a registered professional engineer. Upon receipt of your submittal, FEMA will perform a completeness review of the data received and determine the levee's accreditation status. A fact sheet with additional information on the required documentation for a complete certification package is enclosed for your reference. 2. Submit documentation identifying your intent to NOT certify the flood control structure If your community or the levee owner does not intend to, or is aware of a deficiency which may preclude the levee or flood control structure from certification in compliance with 44 CFR 65.10, please submit a letter to the FEMA Region 6 Office within 30 clays to document this decision. Sign a Provisionally Accredited Levee (PAL) agreement FEMA understands it inay take time to acquire and/or assemble the documentation necessary to fully comply with 44 CFR 65.10. Therefore, FEMA developed a process to provide additional time to allow communities to collect the required documentation for certification of the levee system. This process is known as the Provisionally Accredited Levee (PAL) procedure. The PAL approach is only available for maintained levees with no known deficiencies. If you would like to pursue this option please contact the FEMA Region 6 Office to enter into this agreement. A fact sheet with additional information on the PAL agreement is enclosed for your reference. Initiation of this process can take place only if you, the community/levee owner, sign and return the enclosed PAL agreement within 90 days of the date of this letter before May 29, 2012. Levees will be labeled as PALs during the 24-month period to convey to map users that levee certification verification is underway. FEMA recommends that you, the levee owner, implement outreach efforts to inform affected property owners that an assessment of the levee is underway. FEMA also encourages the purchase of flood insurance, even though coverage is not federally required for the areas landward of the levee. If you endorse the enclosed PAL agreement but are unable to submit all the documentation necessary to meet the requirements of 44 CFR 65.10 before May 29, 2014. FEMA will de- accredit the levee and initiate a map revision to re-designate certain areas on the landward side of the levee as flood prone. The Honorable Joe Ada.me March 2, 2012 Page 3 If FEMA does not receive any documentation to assist us in the determining a flood risk reduction structure's accreditation status, FEMA will proceed with the study and deem the flood risk reduction structure as de-accredited. The exact impact to the FIRM is unknown at this time, however, FEMA will analyze and model the levee system as de-accredited and determine flood hazard risk on the landward side of the levee system(s). The results of the analysis will identify the appropriate flood hazard area subject to flooding during the one-percent-annual-chance flood. We request you notify the FEMA Region 6 office within 30 days as to which of the above options your community is planning to pursue. This notification allows FEMA to continue progress on the flood hazard analysis being performed in your county and identifies the required information for FEMA to determine how the flood risk reduction structure should be analyzed. If you have questions regarding the specific submittal requirements, please contact Larry Voice, at the FEMA Region 6 Office either by telephone at (940) 898-5419 or by e-mail at Larry . V oi ce@fema.dhs. goy. Once the revisions to the maps are complete, your community will receive updated flood hazard maps and are encouraged to review and engage with FEMA during the post-preliminary phase of the countywide mapping effort. Community comments should be submitted during the formal appeal and protest period. It is FEMA's objective to work with local community officials, local levee districts, county flood protection staff, and Floodplain Administrators from the beginning of this update through the issuance of the effective map. We look forward to working with you and your community officials to address this important matter. If there is anything we can do to facilitate the submittal process, please let us know, Sincerely, iFrank Pagano Mitigation Division Director Enclosures: Levee Location Map PAL Certification Agreement Procedure Memorandum No. 34 Procedure Memorandum No. 43 44 CFR 65.10 FEMA Fact Sheet-Meeting the Criteria for Accrediting Levees on Flood Maps FEMA Fact Sheet-The NFIP and Levees FEMA Fact Sheet-Provisionally Accredited Levees cc: Ronald Olson, City Manager, City of Corpus Christi Dan McGinn, Floodplain Manager, City of Corpus Christi The Honorable Loyd Neal, County Judge, Nueces County The Honorable Joe Adame March 2, 2012 Page 4 Danielle Hale, Emergency Management Director, FPA, Nueces County (without attachments) Kay Bailey Hutchison, U.S. Senator John Cornyn, U.S. Senator Blake Farenthold, U.S. Representative Juan "Chuy" Hinojosa, State Senator Connie Scott, State Representative Michael Sterling, USACE, Galveston District Michael Segner, State NFIP Coordinator Rigel Rucker, Study Manager, RAMPP Surya Ravulaparthy, Michael Baker Jr., Inc. Stephen Altman, RAMPP-RSC6 PAL AGREEMENT, SCENARIO Al: LEVEE NOT IN FEDERAL SYSTEM Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation and Agreement to Provide Adequate Compliance with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10) We, the undersigned, have received the letter from Federal Emergency Management Agency (FEMA) dated March 2, 2012, and the enclosed document entitled "Requirements of 44 CFR 65.10." We understand that FEMA is in the process of providing an updated flood map, termed a Flood Insurance Rate Map (FIRM), for Nueces County, Texas and that the area behind the levee known as Corpus Christi Flood Protection System will be remapped to reflect that the levee has been designated as a PAL. To the best of our knowledge, the levee known as Corpus Christi Flood Protection System meets the requirements of 44 CFR 65.10 and has been maintained in accordance with an adopted operation and maintenance plan as evidenced by the attached plan and records of levee maintenance and operation, as well as tests of the mechanized interior drainage systems, if applicable. We hereby submit to FEMA, within 90 days (before May 29, 2012) our agreement to provide FEMA with necessary data and documentation to show that the levee known as Corpus Christi Flood Protection System complies with 44 CFR 65.10. We understand that the data and documentation will be required before May 29, 2014. This information will allow FEMA to move forward with the FIRM for Nueces County, Texas. We fully understand that if complete data and documentation to comply with 44 CFR 65.10 are not provided within the designated timeframe of 24 months, FEMA will initiate a revision to the FIRM to redesignate the areas as Special Flood Hazard Area, the area subject to inundation by the base (1-percent-annual-chance) flood. Levee Owner Representative (signature) (print) Date: Community CEO (signature (print) Date: Other (if applicable) (signature) (print) Date: Attachments - Operation and Maintenance Plan and Records To be provided at later date. Test Records of Mechanized Interior Drainage System To be provided at later date. ME 0 FROM: Federal Emergency Management Agency Washington, D.C. 20472 August 22, 2005 FOR: Regional Directors Regions I - X David L Maurstad, Acting Director Mitigation Division SUBJECT: Procedure Memorandum 34 — Interim Guidance for Studies Including Levees Background: Throughout the United States, levees protect numerous communities and large expanses of agricultural land from floods. Their importance in mitigating flood hazards and their relevance to the National Flood Insurance Program (NM') are indisputable. However, riverine and coastal levees, in the aggregate, stretch for tens of thousands of miles, and information on their location, structural integrity, and certification often is outdated or missing altogether. Issue: To address this challenge, a Levee Coordination Committee—including representatives from FEMA, other Federal agencies, and States—is examining current levee regulations and assisting in the development of a long-term policy that protects citizens and property, while accommodating the needs of the NFIP. This memorandum helps to clarify the entities responsible for providing information on levees identified during a mapping project. Action Taken: Until the new policy is developed, this memo provides interim guidance to minimize delays in near-term mapping studies. The attached flow chart supplements FEMA's procedure memorandums 30 and 32. This information is in conformance with Section 65.10 of the NFIP regulations. Supplement to Procedure Memo 30—FEMA Levee Inventory System. Mapping partners CTPs, IDIQs, OFAs, etc. -- should continue providing information about levees located in or adjacent to study areas. Information should be provided via the FEMA Levee Inventory System (FLIS) according to Procedure Memorandum 30 and the instructions available on the 1-LIS Web site located at http://flis.pbsjdfirm.com. The FLIS will be accessed via the MIP after release 3.0. Levee coordinates should be gathered at a level of detail consistent with GIS accuracy and digital Flood Insurance Rate Map (FIRM) standards. Mapping partners who do not already have access to the FLIS can contact the National Service Provider at (703) 960-8800. tkugust 22, 2005 Page 2 of 2 — Procedure Memorandum 34 Supplement to Procedure Memo 32 Levee Review Protocol. 'fhe protocol for levee reviews, particularly the details provided in Table 1 of Procedure Memorandum 32, is revised according to the attached flow chart. Identification of Levees It is critical that all levees within the scope of the mapping project be identified early in the mapping project, ideally no later than the scoping meeting The role of all mapping partners, including coordination with the State and other Federal partners (e.g., U.S. Army Corps of Engineers), related to review of levee certification should be clearly identified as part of the scoping process. When levees are identified at the scoping meeting the community must be informed of the data requirements for FEMA to recognize a levee as providing protection from the 1-percent-annual-chance flood (base flood) on the FIRM. In accordance with 44 CFR Section 65.10(a), it is the responsibility of the community or other party seeking recognition of a levee system at the time of a flood risk study or restudy to provide the data outlined in 44 CFR Section 65.10. FEMA will not be conducting detailed examinations of levees to determine how a structure or system will perform in a flood event. In addition, the community or party seeking recognition should be provided with a deadline for submitting the data and informed that if the data are not submitted by the deadline, the levee cannot be recognized as providing protection from the base flood as part of the current mapping effort. However, a revision could be initiated once data are available. Early identification of levees allows the mapping partner to outline to the community, or party seeking recognition, their responsibilities and FEMA's expectations to minimize study delays. In order to aid our mapping partners in properly assessing how to handle levee mapping issues, we have generated the below flowchart. cc: See Distribution List Distribution List (electronic distribution only): Office of the Mitigation Division Director Risk Assessment Branch Risk Identification Branch Flood Insurance and Mitigation Divisions in FEMA Regional Offices Office of Legislative Affairs Office of General Counsel National Service Provider Systems Engineering and Technical Assistance Contractor Map Service Center U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 FEMA March 16, 2007 (Originally Issued on September 25, 2006) MEMORANDUM FOR: Mitigation Division Directors Regions I - X FROM: David 1. rstad Director Mitigation Division SUBJECT: Revised Procedure Memorandum No. 43 - Guidelines for Identifying Provisionally Accredited Levees Background: Early in the implementation of Flood Map Modernization (Map Mod), the Department of Homeland Security's Federal Emergency Management Agency (FEMA) recognized that the role of levees in flood risk reduction would be an important part of the efforts of Map Mod. Further, it was acknowledged that the condition of levees had not been assessed since they were originally mapped as providing base (1-percent-annual-chance) flood protection. Because of this, FEMA initiated a revised process to gain a better understanding of the actual flood risks for those citizens living and working behind levees nationwide. On August 22, 2005, FEMA issued Procedure Memorandum No. 34 - Interim Guidance for Studies Including Levees. The purpose of the memorandum was to help clarify the responsibility of community officials or other parties seeking recognition of a levee by providing information identified during a study/mapping project. Often, documentation regarding levee design, accreditation, and the impacts on flood hazard mapping is outdated or missing altogether. To remedy this, Procedure Memorandum No. 34 provides interim guidance on procedures to minimize delays in near-term studies/mapping projects, to help our mapping partners properly assess how to handle levee mapping issues. Issue: Levee owners or communities have the responsibility to provide documentation that a levee meets the requirements of Title 44 of the Code of Federal Regulations, Section 65.10 of the National Flood Insurance Program regulations (44 CFR Section 65.10), as part of a study/mapping project. Without the required documentation necessary to comply with 44 CFR Section 65.10, the area behind the levee will be re-delineated and mapped as Special Flood Hazard Area on the Digital Flood Insurance Rate Map (DFIRM). Procedure Memorandum No. 34 allows for the issuance of a deadline to the community for submitting the required documentation. www.fema.gov Page 2 of 4 Revised Procedure Memorandum No. 43 While 44 CFR Section 65.10 documentation is being compiled, the release of more up-to-date DFIRM panels for other parts of a community or county may be delayed. To minimize the impact on the Map Mod goals of mapping areas landward of levees, mapping partners should be provided with guidance that will allow preliminary and effective DFIRMs to be issued while the levee owner or community is given a reasonable amount of time to compile and submit data and documentation to show compliance with the requirements of 44 CFR Section 65.10. Guidance should also be provided to the mapping partners that allows, in specific situations, the preliminary DFIRM to be issued while providing the communities and levee owners with a specified timeframe to show compliance with 44 CFR Section 65.10 by correcting any maintenance deficiencies associated with the levee. Action Taken: To minimize the impact of the levee recognition and certification process on Map Mod goals, guidelines have been developed that will allow mapping partners to issue preliminary and effective versions of DFIRMs while the levee owners or communities are compiling the full documentation required to show compliance with 44 CFR Section 65.10. The guidelines also explain that mapping partners can issue preliminary DFIRMs while providing the communities and levee owners with a specified timeframe to correct any maintenance deficiencies associated with a levee to and show compliance with 44 CFR Section 65.10. These guidelines are summarized in the attached document entitled "Guidelines for Identifying Provisionally Accredited Levees (PALs)." The attached document describes the criteria for five scenarios intended to determine when a levee does or does not qualify for the PAL designation. FEMA has established a specified timeframe in which the community or levee owner may use to fulfill the remaining requirements for 44 CFR Section 65.10 before the levee is shown on the DFIRM as not providing base flood protection. The attached guidance also describes an additional process for maintenance deficient levees that do not currently qualify for the PAL designation. FEMA has established a separate specified timeframe for these levees, which allows the community or levee owner time to correct any maintenance deficiencies associated with a levee. If the levee qualifies for the PAL designation, FEMA will provide the community 90 days to sign and return an agreement indicating that the full documentation for 44 CFR Section 65.10 will be provided within 24 months of the signed agreement. If the signed agreement is not returned to FEMA within 90 days, or if the levee does not meet the PAL requirements (except for the maintenance deficient levees), the community is no longer eligible for the PAL designation, and the area landward of the levee will be remapped as Zone AE or Zone A, depending on the type of study performed for the area. For levees that are included in the U.S. Army Corps of Engineers (USACE) Federal Program, FEMA will actively coordinate with the appropriate USACE district to determine which projects do not provide protection from the base flood. In a collaborative effort, existing data or project-specific information will be evaluated to identify and validate non-accredited levees in the USACE's inventory. As part of the USACE's recent survey of their levee inventory, levee projects have been identified to be no longer eligible for Public Law (PL) 84-99 rehabilitation assistance, based on the project's last inspection. However, many of these levee projects have been identified to Page 3 of 4 Revised Procedure Memorandum No. 43 be eligible for a one-time-only "maintenance deficiency correction period," established to allow public sponsors/levee owners to correct levee maintenance deficiencies before the levee is placed in an inactive status in the USACE Rehabilitation & Inspection Program and becomes ineligible for PL 84-99 rehabilitation assistance. The USACE has developed a written notification process to inform communities or levee owners of this status after it has coordinated with FEMA. Copies of the USACE notification letter will be provided to FEMA. If a community or levee owner receives this notification letter, the area landward of the identified levee will be mapped as Zone AE or Zone A, as appropriate. Effective on the date of this Procedure Memorandum, levees that meet the PAL requirement (levees presently shown as providing base flood protection on the effective FIRM), for which the community or levee owner cannot readily provide full documentation of 44 CFR Section 65.10, will be identified on the FIRM with a map note. This note, placed landward of the levee, will indicate that the levee is provisionally accredited and any existing Zone X (shaded) area is provisional. If there is no existing Zone X (shaded) area on the effective FIRM, then the mapping partner should define the provisional Zone X (shaded) area using the best available data. Specific procedures and guidance for evaluating and mapping levees is provided in Appendix H of Guidelines and Specifications for Flood Hazard Mapping Partners. The following note must be applied at several locations, point to the levee, and be placed landward of the levee in or near the Zone X (shaded) area: WARNING: Provisionally Accredited Levee. For explanation, see the Notes to Users. The applicable Note to Users would read as follows: WARNING: This levee, dike, or other structure has been provisionally accredited and mapped as providing protection from the I-percent-annual-chance flood. To maintain accreditation, the levee owner or community is required to submit documentation necessary to comply with 44 CFR Section 65.10 by ( , ). Because of the risk of overtopping or failure of the structure, communities should take proper precautions to protect lives and minimize damages in these areas, such as issuing an evacuation plan and encouraging property owners to purchase flood insurance. The five scenarios for determining whether the levee qualifies for the PAL designation are described in the attachment. The document also summarizes the process for coordinating with community officials and others to acquire the appropriate levee documentation, while moving forward with the production of countywide mapping for communities with levees. Attachment Guidelines for Identifying Provisionally Accredited Levees (PALs) Page 4 of 4 Revised Procedure Memorandum No. 43 cc: See Distribution List Distribution List (electronic distribution only): Directors, Regions I - X Office of the Mitigation Division Director Risk Analysis Branch Risk Reduction Branch Risk Insurance Branch Federal Insurance and Mitigation Divisions in FEMA Regional Offices Office of Legislative Affairs Office of General Counsel National Service Provider Independent Verification and Validation Contractor Map Service Center Indefinite Delivery Indefinite Quantity Contractors Cooperating Technical Partners §65.10 a reissuance or revision of the flood in- surance study or maps and will be de- ferred until such time as a significant change occurs; (f) An additional 90 days is required to evaluate the scientific or technical data submitted; or (g) Additional data are required to support the revision request. (h) The required payment late not been submitted in accordance with 44 CFR part 72, no review will be COD- ducted and no determination will be issued until payment is received. (51 FR 30315, Aug. 25, 1986; 61 FR 46331, Aug. 30, 1996, as amended at 62 FR 5736, Feb 6, 1997] § 65.10 Mapping of areas protected by levee systems. (a) General. For purposes of the NFIP, FEMA will only recognize in its flood hazard and risk mapping effort, those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with the level of protection sought through the comprehensive flood plain management criteria estab- lished by §60,3 of this subchapter. Ac- cordingly, this section describes the types of information FEMA needs to recognize, on NFIP maps, that a levee system provides protection from the base flood. This information must be supplied to FEMA by the community or other party seeking recognition of such a levee system at the time a flood risk study or restudy is conducted, when a map revision under the provi- sions of part 65 of this subchapter is sought based on a levee system, and upon request by the Administrator dur- ing the review of previously recognized structures. The FEMA review will be for the sole purpose of establishing ap- propriate risk zone determinations for NFIP maps and shall not constitute a determination by FEMA as to how a structure or system will perform in a flood event. (b) Design criteria, For levees to be recognized by FEMA, evidence that adequate design and operation and maintenance systems are in place to provide reasonable assurance that pro- tection from the base flood exists must be provided. The following require- ments must be met: 44 CFR Ch. 1 (10-1-02 Edilion) (1) Freeboard. (1) Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within 100 feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional one-half foot above the min- imum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. (ii) Occasionally, exceptions to the minimum rlverine freeboard require- ment described in paragraph (b)(1)(i) of this section, may be approved. Appro- priate engineering analyses dem- omairating adequate protection with a lesser freeboard must be submitted to support a request for such an excep- tion. The material presented must evaluate the uncertainty in the esti- mated base flood elevation profile and include, but not necessarily be limited to an assessment of statistical con- fidence limits of the 100-year discharge; changes in stage-discharge relation- ships; and the sources, potential, and magnitude of debris, sediment, and ice accumulation. It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are Imposed. Under no circumstances will freeboard of less than two feet be ac- cepted. (iii) For coastal levees, the freeboard must be established at one foot above the height of the one percent wave or the inaximum wave runup (whichever is greater) associated with the 100-year stillwater surge elevation at the site. (iv) Occasionally, exceptions to the minimum coastal levee freeboard re- quirement described in paragraph (b)(1)(iii) of this section, may be ap- proved. Appropriate engineering anal- yses demonstrating adequate protec- tion with a lesser freeboard must be submitted to support a request for such an exception. The material presented must evaluate the uncertainty in the estimated base flood loading condi- tions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances, how- ever, will a freeboard of less than two 346 Federal Emergency Management Agency § 65.10 feet above the 100 -year stillwater surge elevation be accepted. (2) Closures. All openings must be pro- vided with closure devices that are structural parts of the system during operation and design according to sound engineering practice. (3) Embankment protection. Engineer- ing analyses must be submitted that demonstrate that no appreciable ero- sion of the levee embankment can be expected during the base flood, as are- sult of either currents or waves, and that anticipated' erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses in- clude, but are not limited to: Expected flow velocities (especially in con- stricted areas); expected wind and wave action; ice loading; impact of debris; slope protection, techniques; duration of flooding at various stages and ve- locities; embankment and foundation materials; levee alignment, bends, and transitions; and levee side slopes. (4) Embankment and foundation sta- bility. Engineering analyses that evalu- ate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during loading conditions associated with the base flood and shall demonstrate that seepage into or through the levee foun- dation and embankment will not jeop- ardize embankment or foundation sta- bility. An alternative analysis dem- onstrating that the levee is designed and constructed' for stability ,against loading conditions for Case IV as de- fined in the U.S." Army Corps of Engi- neers (COE) manual, "Design and Con- struction of Levees" (EM 1110 -2 -1913, Chapter 6, Section II),' may be used. The factors that shall be addressed in the analyses include: Depth of flooding, duration of flooding, embankment ge- ometry and length of seepage path at critical locations, embankment and foundation materials, embankment compaction, penetrations, other design factors affecting seepage (such as drainage layers), and other design fac- tors affecting embankment and founda- tion stability (such as berms). (5) Settlement. Engineering analyses must be submitted that assess the po- tential and magnitude of future losses of freeboard as a result of levee settle- it and demonstrate that freeboard will be maintained within the min- imum standards set forth in paragraph (b)(1) of this section. This analysis must address embanktent loads, com- pressibility of embankment soils, com- pressibility of foundation soils, age of the levee system, and construction compaction methods, In addition, de- tailed settlement analysis using proce- dures such as those described in the COE manual. "Soil Mechanics Design — Settlement Analysis" (EM 1100 -2 -1904) must be submitted. (6) Interior drainage. An analysis must be submitted that identifies the source(s) of such flooding, the extent of the flooded area, and, if the average depth is greater than one foot, the water - surface elevation(s) of the base flood. This analysis must be based on the joint probability of interior and ex- terior flooding and the capacity of fa- cilities (such as drainage lines and pumps) for evacuating' interior flood- waters, (7) Other' design criteria. In unique sit- uations, such as those where the levee system has relatively high vulner- ability, FEMA may require that other design criteria and analyses be sub- mitted to show that the levees provide adequate protection. In such situa- tions, sound engineering practice will be the standard on which FEMA will base its determinations." FEMA will also provide' the rationale for requiring this additional information. (c) Operation plans and criteria. For a levee system to be recognized, the operational criteria must be as de- scribed below. All closure devices or mechanical systems for internal drain- age, whether manual or automatic, must be operated in accordance with an officially adopted operation manual, a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for a pre- viously recognized system is revised in any manner. All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. 347 §65.11 (1) Closures. Operation plans for clo- sures must include the following: (1) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists for the completed operation of all closure structures, including necessary sealing, before floodwaters reach the base of the closure. (it) A formal plan of operation in- cluding specific Fictions and assign- ments of responsibility by individual name or title. (iii) Provisions for periodic oper- ation, at not less than one-year inter- vals, of the closure structure for test- ing and training purposes. (2) Interior drainage systems. Interior drainage systems associated with levee systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. These drainage systems will be recognized by FEMA on NFIP maps for flood protection pur- posen only if the following minimum criteria are included in the operation plan: (i) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be ueed to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists to permit activation of mechanized portions of the drainage system. (ii) A formal plan of operation in- cluding specific actions and assign- ments of responsibility by individual name or title. (iii) Provision for manual backup for the activation of automatic systems. (iv) Provisions for periodic inspection of interior drainage systems and peri- odic operation of any mechanized por- tions for testing and training purposes. No more than one year shall elapse be- tween either the inspections or the op- erations. (3) Other operation plans and criteria. Other operating plans and criteria may be required by FEMA to ensure that adequate protection is provided in spe- cific situations. In such cases, sound emergency management practice will be the standard upon which FEMA de- terminations will be based. 44 CFR Ch. 1 (10-1-02 Edition) (d) Maintenance plans and criteria. For levee systems to he recognized as pro- viding protection from the base flood, the maintenance criteria. must be as described herein. Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be pro- vided to FEMA by the owner of the levee system when recognition is being sought or when the plan for a pre- viously recognized system is revised in any manner. All maintenance activi- ties must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP that must assume ulti- mate responsibility for maintenance. This plan must document the formal procedure that ensures that the sta- bility, height, and overall integrity of the levee and its associated structures and systems are maintained. At a min- imum, maintenance plans shall specify the maintenance activities to be per- formed, the frequency of their perform- ance, and the person by name or title responsible for their performance. (e) Certification requirements. Data submitted to support that a given levee system complies with the structural requirements set forth in paragraphs (b)(1) through (7) of this section must be certified by a registered professional engineer. Also, certified as-built plans of the levee must be submitted. Certifi- cations are subject to the definition given at §65.2 of this subchapter. In lieu of these structural requirements, a Federal agency with responsibility for levee design may certify that the levee has been adequately designed and con- structed to provide protection against the base flood. [51 FR 30316, Aug. 25, 1986l *65.11 Evaluation of sand dunes in mapping coastal flood hazard areas. (a) General conditions. For purposes of the NFIP, FEMA will consider storm- induced dune erosion potential in its determination of coastal flood hazards and risk 'napping efforts, The criterion to be used in the evaluation of dune erosion will apply to primary frontal dunes as defined in §59.1, but does not 348 FACT SHEET LEVEES l[)EN t sty‘ t Requirements for Mapping Levees C - , As part of a mapping project, it is the levee owner's or community's responsibility to provide data and documentation to show that a levee meets the requirements of Section 65.10 of the National Flood Insurance Program (NFIP) regulations. Links to Section 65.10 and many other documents are available on FEMA's Web site at www.ierna,govfp1anIjnLhrn/jyJpin.shtni. The FEMA requirements in Section 65.1() are separated into five categories: 1. General criteria; 2. Design criteria; 3. Operations plans and criteria; 4. Maintenance plans and criteria; and 5. Certification requirements. The requirements for each of these areas are summarized below. (A) GENERAL CRITERIA For purposes Of the NM', FEMA will only recognize in its flood hazard and risk mapping effort those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with thc level of protection sought through the comprehensive floodplain management criteria established by Section 60.3 of the NFIP regulations. Section 65.10 of the NFIP regulations describes the types of information FEMA needs to recognize, on 'NEW maps, that a levee system provides protection from the flood that has a 1-percent chance of being equaled or exceeded in any give year (base flood). This information must be supplied to FEMA by the community or other party seeking recognition of a levee system at the time a study or restudy is conducted, when a map revision under the provisions of Part 65 of the NFIP regulations is sought based on a levee system, and upon request by the Administrator during the review of previously recognized structures. The FEMA review is for the sole purpose of establishing appropriate risk zone determinations for NFIP inaps and does not constitute a determination by FEMA as to how a structure or system will perfonn in a flood event. (B) DESIGN CRITERIA For the purposes of the NFIP, FEMA has established levee design criteria for freeboard, closures, embankment protection, embankment and foundation stability, settlement, interior drainage, and other design criteria. These criteria are summarized in subsections below. (B)(1) FREEBOARD For riverine levees: A minimum freeboard of 3 feet above the water-surface level of the base flood must be provided. An additional I foot above the minimum is required within 100 feet on either side of structures (e.g., bridges) riverward of the levee or wherever the flow is constricted. FEMA November 2008 PAGE 1 An additional 0.5 foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. Exceptions to the mi nimum riverine freeboard requirements above may be approved if the following criteria are met: Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be submitted. • The material presented must evaluate the uncertainty in the estimated base flood elevation profile and include, but not necessarily be limited to: o An assessment of statistical confidence limits of the I -percent-annual-chance discharge; o Changes in stage-discharge relationships; and o Sources, potential, and magnitude of debris, sediment, and ice accumulation. • It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are imposed. Under no circumstances will freeboard of less than 2 feet be accepted. For coastal levees, the freeboard must be established at 1 foot above the height of the 1 -percent-annual-chance wave or the maximum wave runup (whichever is greater) associated with the 1-percent-annual-chance stillwater surge elevation at the site. Exceptions to the minimum coastal freeboard requirements above may be approved if the following criteria are met: Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be submitted. • The material presented must evaluate the uncertainty in the estimated base flood loading conditions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances will a freeboard of less than 2 feet above the 1-pereent-annual-ehance stillwater surge elevation be accepted. (BX2) CLOSURES The levee closure requirement is that all openings must be provided with closure devices that are structural parts of the system during operation and design according to sound engineering practice. (BX3) EMBANKMENT PROTECTION Engineering analyses must be submitted to demonstrate that no appreciable erosion of the levee embankment can be expected during the base flood, as a result of either currents or waves, and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses include, but are not limited to: • Expected flow velocities (especially in constricted areas); • Expected wind and wave action; November 2008 PAGE 2 Yt-140.- s, • Ice loading; • Impact of debris; • Slope protection techniques; • Duration of flooding at various stages and velocities; • Embankment and foundation materials; • Levee alignment, bends, and transitions; and • Levee side slopes. (B)(4) EMBANKMENT AND FOUNDATION STABILITY Engineering analyses that evaluate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during loading conditions associated with the base flood and shall demonstrate that seepage into or through the levee foundation and embankment will not jeopardize embankment or foundation stability. An alternative analysis demonstrating that the levee is designed and constructed for stability against loading conditions for Case IV as defined in U.S. Army Corps of Engineers (USACE) Engineering Manual 1110-2-1913, Chapter 6, Section II, may be used. The factors that shall be addressed in the analyses include: • Depth of flooding; • Duration of flooding; Embankment geometry and length of seepage path at critical locations; • Embankment and foundation materials; • Embankment compaction; • Penetrations; • Other design factors affecting seepage (e.g., drainage layers); and Other design factors affecting embankment and foundation stability (e.g., berms). (B)(5) SETTLEMENT Engineering analyses must be submitted that assess the potential and magnitude of future losses of freeboard as a result of levee settlement and demonstrate that freeboard will be maintained within the minimum freeboard standards set forth in B(1). This analysis must address: • Embankment loads, • Compressibility of embankment soils, • Compressibility of foundation soils, November PAGE 3 Age of the levee system, and Construction compaction methods. A detailed settlement analysis using procedures such as those described in USACE Engineering Manual EM 1110-1-1904 must be submitted. (B)(6) INTERIOR DRAINAGE An analysis must be submitted that identifies the source(s) of such flooding; the extent of the flooded area; and, if the average depth is greater than 1 foot, the water-surface elevation(s) of the base flood. This analysis must be based on the joint probability of interior and exterior flooding and the capacity of facilities (such as drainage lines and pumps) for evacuating interior floodwaters. Interior drainage systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. For areas of interior drainage that have average depths greater than 1 foot, mapping must be provided depicting the extents of the interior flooding, along with supporting documentation. (B)(7) OTHER DESIGN CRITERIA In unique situations, such as those where the levee system has relatively high vulnerability, FEMA may require that other design criteria and analyses be submitted to show that the levees provide adequate protection. In such situations, sound engineering practice will be the standard on which FEMA will base its determinations. FEMA also will provide the rationale for requiring this additional information. (C) OPERATIONS PLANS AND CRITERIA For a levee system to be recognized, the operational criteria must be as described below. All closure devices or mechanical systems for internal drainage, whether manual or automatic, must be operated in accordance with an officially adopted operation manual, a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for a previously recognized system is revised in any manner. All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. (C)(1) CLOSURES Operation plans for closures must include the following: • Documentation of the flood warning system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time exists for the completed operation of all closure structures, including necessary sealing, before floodwaters reach the base of the closure; • A formal plan of operation, including specific actions and assignments of responsibility by individual name or title; and • Provisions for periodic operation, at not less than 1-year intervals, of the closure ructure(s) for testing and training purposes. November 2008 PAGE 4 (C)(2) INTERIOR DRAINAGE SYSTEMS Interior drainage systems associated with levee systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. FEMA will recognize these drainage systems on NEW maps for flood protection purposes only if the following minimum criteria are included in the operation plan: Documentation of the flood warning system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time exists to permit activation of mechanized portions of the drainage system; • A formal plan of operation, including specific actions and assignments of responsibility by individual name or title; Provision for manual backup for the activation of automatic systems; and • Provisions for periodic inspection of interior drainage systems and periodic operation of any mechanized portions for testing and training purposes; no more than 1 year shall elapse between either the inspections or the operations. (C)(3) OTHER OPERATION PLANS AND CRITERIA FEMA may require other operating plans and criteria to ensure that adequate protection is provided in specific situations. In such cases, sound emergency management practice will be the standard upon which FEMA determinations will be based. (A) MAINTENANCE PLANS AND CRITERIA For levee systems to be recognized as providing protection from the base flood, the following maintenance criteria must be met: Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be provided to FEMA by the owner of the levee system when recognition is being sought or when the plan for a previously recognized system is revised in any manner. All maintenance activities must be under the jurisdiction of a(n): o Federal or State agency; o Agency created by Federal or State law; or o Agency of a community participating in the NFIP that must assume ultimate responsibility for maintenance. The maintenance plan must document the formal procedure that ensures that the stability, height, and overall integrity of the levee and its ; ;‘sociated structures and systems are maintained. At a minimum, the maintenance plan shall specify: o Maintenance activities to be performed; o Frequency of their performance; and o Person by name or title responsible for their performance. November 2008 PAGE 5 (E) CERTIFICATION REQUIREMENTS Data submitted to support that a given levee system complies with the structural requirements set forth in B(1) through B(7) above must be certified by a Registered Professional Engineer. Also, certified as-built plans of the levee must be submitted. Certifications are subject to the definition given in Section 65.2 of the NFIP regulations. In lieu of these structural requirements, a Federal agency with responsibility for levee design may certify that the levee has been adequately designed and constructed to provide protection against the base flood. November 2008 PAGE 6 A levee Recertification and W LL au au au co c V V w o E .N a) > 0) o L OA a Q Council Presentation May 29, 2012 1 A A a � �o W ° z 0 0 -o a) a) E E c o m o > 715 CD 0 ft, 021 it .R9 > 5 a) a' CC(DOCF ,(1r), al CD ill E o co z z ui 2 10- 0 6 6 0 E c 0 0 n N,I Q —> 6;1 0_ • w1 ea > -o o E w 42 3 < 2 (13 j35 (1) c o N m 0 0 1, < )c .J > o AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Economic Development Corporation (361) 882 -7448 mculbertson@ccredc.com Type A Grant for Little Boeing Blue Inc. dba Motorglobe CAPTION: A) Ordinance appropriating $125,000 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 ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average 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 Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to incentivize Motorglobe to locate their national headquarters in Corpus Christi. BACKGROUND AND FINDINGS: Motorglobe is a subsidiary of Trust Dale. Trust Dale is a company founded by Dale Cardwell a former television reporter. He found when doing stories of companies that there were great companies out there. They investigate companies to see if they meet the high level of quality and customer service. They then pay him to advertise them as best in class. He is expanding this to automobile dealers. They would like to locate their national headquarters here in Corpus Christi. They will create 50 jobs with an annual salary of $50,000 per employee. ALTERNATIVES: The company will not invest enough for a tax abatement. The Type A fund is the only incentive that they are eligible for. OTHER CONSIDERATIONS: They are competing internally to set up the headquarters in Corpus Christi instead of Atlanta, Georgia. 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: Budget Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ 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 125,000 125,000 BALANCE 125,000 125,000 Fund(s): Type A Fund RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Motorglobe for $125,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Page 1 of 3 Ordinance Appropriating $125,000 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 ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Motorglobe for building improvements and new equipment for a new headquarters in Corpus Christi 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 $125,000 for a business incentive grant from the Type A Corporation to Motorglobe for building improvements and new equipment for a new headquarters in Corpus Christi 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 0041 2 bf7a436d- 6708 - 4667- b335- 01c3b5178a5b Joe Adame Mayor Page 2of3 APPROVED: , 2012 Charlotte Yochem Assistant City Attorney For City Attorney 0041 2 bf7a436d- 6708 - 4667- b335- 01c3b5178a5b 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 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 0041 2 bf7a436d- 6708 - 4667- b335- 01c3b5178a5b AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Economic Development Corporation (361) 882 -7448 mculbertson@ccredc.com Type A Grant for Little Boeing Blue Inc. dba Motorglobe CAPTION: A) Ordinance appropriating $125,000 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 ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average 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 Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to incentivize Motorglobe to locate their national headquarters in Corpus Christi. BACKGROUND AND FINDINGS: Motorglobe is a subsidiary of Trust Dale. Trust Dale is a company founded by Dale Cardwell a former television reporter. He found when doing stories of companies that there were great companies out there. They investigate companies to see if they meet the high level of quality and customer service. They then pay him to advertise them as best in class. He is expanding this to automobile dealers. They would like to locate their national headquarters here in Corpus Christi. They will create 50 jobs with an annual salary of $50,000 per employee. ALTERNATIVES: The company will not invest enough for a tax abatement. The Type A fund is the only incentive that they are eligible for. OTHER CONSIDERATIONS: They are competing internally to set up the headquarters in Corpus Christi instead of Atlanta, Georgia. 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: Budget Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ 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 125,000 125,000 BALANCE 125,000 125,000 Fund(s): Type A Fund RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Motorglobe for $125,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement 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 ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average 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 Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs WHEREAS, the 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 Motorglobe for equipping its facilities within the City, in which Motorglobe will invest in furniture, fixtures, and equipment and will retain at least 50 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 in 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 Motorglobe; 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 Motorglobe. 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 Motorglobe 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. 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 Motorglobe, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. 0042 2 b1b4d3d4- 5a92- 4e66- a52f- 14d290790107 Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED: day of , 2012. Charlotte Yochem Assistant City Attorney For City Attorney 0042 2 b1b4d3d4- 5a92- 4e66- a52f- 14d290790107 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. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0042 2 b1b4d3d4- 5a92- 4e66- a52f- 14d290790107 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND MOTORGLOBE FOR CREATION 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 Little Boeing Blue Inc. dba Motorglobe (Motorglobe), 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 fax 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 ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board, on November 9, 2010, 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 November 19, 2010; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Page 1 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, Motorglobe will locate their headquarters here in Corpus Christi; 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 Motorglobe, through this contract with Motorglobe, to be used by Motorglobe to partially offset the costs of building improvement, purchase of computers, office stations, furniture and fixtures and which will result in creation of up to 50 new full-time permanent jobs in the City of Corpus Christi, with an estimated annual average salary of $50,000.00. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Motorglobe 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 five years beginning on January 1, 2013. 3. Performance Requirements and Grants. a. Motorglobe's performance requirements: (1) Motorglobe shall create and retain 50 new jobs with an annual average salary of $50,000.00. b. Corporation's Grants. The Corporation will grant Motorglobe up to $125,000 under the following conditions: (1) For every new job created and retained the Corporation will grant $2,500.00. (2) If Motorglobe does not create a new job the Corporation will not award any grant to Motorglobe for that calendar year. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 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 defined in the Type A Guidelines. Page 2 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT c. Motorglobe 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. Motorglobe 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. Motorglobe shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Buy Local Provision. a. Motorglobe agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Motorglobe warrants and represents to Corporation the following: a. Motorglobe 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. Motorglobe has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Motorglobe 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. Motorglobe 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 Motorglobe are duly authorized to execute this Agreement on behalf of Motorglobe. Page 3 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT 7. Compliance with Laws. Motorglobe shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Motorglobe covenants and agrees that Motorglobe 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 Motorglobe 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 Motorglobe are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Motorglobe 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 Motorglobe covenants to fully indemnify, save, and hold harmless less the Corporation, the City, their respective officers, employees, ees, and agents (`" inde nitees ", against all liability, dam age, 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 Motorglobe 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 lnde nitees Motorglobe 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 lndemnites, 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. Page 4 of 1' 0 Motorglobe BUSINESS INCENTIVE AGREEMENT 12. Events of Default by Motorglobe. The following events constitute a default ofthis Agreement by Motorglobe: a. Failure of Motorglobe to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and maintained by the end of the contract term. b. The Corporation or City determines that any representation or warranty on behalf of Motorglobe contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Motorglobe or any attachment or other levy against the property of Motorglobe with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Motorglobe makes an assignment for the benefit of creditors. e. Motorglobe files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Motorglobe become delinquent, and Motorglobe fails to timely and properly follow the legal procedures for protest or contest. g. Motorglobe 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 Motorglobe is in default according to the terms of this Agreement, the Corporation or City shall notify Motorglobe in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Motorglobe to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Motorglobe, 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. Motorglobe shall immediately repay all funds paid by Corporation under this Agreement. b. Motorglobe shall pay Corporation reasonable aftorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. Page 5 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT c. Upon payment by Motorglobe of all sums due, the Corporation and Motorglobe shall have no further obligations to one another under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. a Any waiver or indulgence of Motorglobe's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Motorglobe is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Motorglobe specifically agrees that Corporation shall only be liable to Motorglobe for the actual amount of the money grants to be conveyed to Motorglobe, and shall not be liable to Motorglobe 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 Motorglobe to be accompanied by all necessary supporting documentation. Page 6 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Motorglobe: Motorglobe Corporation P.O. Box 271825 Corpus Christi, TX 78427 City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 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 Motorglobe 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. Page 7 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Motorglobe. 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 Page 8 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT Little Boeing Blue, Inc. Date: 5- 3 - THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2012, by President for Little Boeing Blue, Inc., a Texas for-profit co or tion, on behalf of the corporation. Notary Public State of Texas Page 9 of 10 rret ir""1-kr-re.Ir "reran Ark.i-rt,t1 APPROVED: stay of 20 1 . Charlotte Yochem Assistant City Attorney For City Attorney Page 10 of 10 Motorglobe BUSENESS INCENTIVE AGREEMENT BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Little Boeing Blue, Inc. ( "Motorglobe ") has submitted a proposal to the Type A Corporation for a $125,000 grant for locating their headquarters in Corpus Christi; Page 1 of 3 Motorglobe0042_4_53a6c685 -1 ab0- 4e74- ab14- da75b9375d20 WHEREAS, the Type A Corporation, Motorglobe has executed a business incentive project agreement for the creation of jobs related to Motorglobe locating their headquarters in Corpus Christi. 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 of Jobs between the Type A Corporation and Motorglobe related to Motorglobe locating their headquarters in Corpus Christi ( "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, 2013. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. Page 2 of 3 Motorglobe0042_4_53a6c685 -1 ab0- 4e74- ab14- da75b9375d20 b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2012. Charlotte Yochem Assistant City Attorney for City Attorney Page 3 of 3 Motorglobe0042_4_53a6c685 -1 ab0- 4e74- ab14- da75b9375d20 AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Foundation Truck Training for $750,000. CAPTION: A) Ordinance appropriating $750,000 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 ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to Del Mar College Foundation to purchase six truck driving simulators to increase their output of Commercial Drivers to satisfy the growing need for CDL drivers in Corpus Christi. BACKGROUND AND FINDINGS: Del Mar College currently has a Transportation Training program that graduates between 250 and 300 students annually with an annual capacity of 312 students. This expansion will increase the student capacity to 1,056 graduates per year. The expansion includes acquisition of one or two additional tractor - trailer truck and six driving simulators incorporated into three customized mobile classroom units with two simulators each. The Eagle Ford Shale and the growth of economic activity in our area have increased the need for CDL drivers. The Del Mar College Foundation will purchase the six simulators and receive a matching gift of $2,000,000. The Type A Board approved this grant on March 19, 2012. ALTERNATIVES: This is the only incentive that this project is eligible for. OTHER CONSIDERATIONS: Not applicable. 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: Budget Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ 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 750,000 750,000 BALANCE 750,000 750,000 Fund(s): Type A Fund Comments: None RECOMMENDATION: Staff recommends approval of this grant to the Del Mar College Foundation for purchasing truck simulators in the amount of $750,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Page 1 of 2 Ordinance Appropriating $750,000 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 ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Del Mar Foundation for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program. 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 $750,000 for a business incentive grant from the Type A Corporation to Del Mar Foundation for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program. 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 0043 2 75229e8a- 0417- 403f- a2cc- bcbb67eb457f Joe Adame Mayor 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 0043 2 75229e8a- 0417- 403f- a2cc- bcbb67eb457f AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Foundation Truck Training for $750,000. CAPTION: A) Ordinance appropriating $750,000 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 ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to Del Mar College Foundation to purchase six truck driving simulators to increase their output of Commercial Drivers to satisfy the growing need for CDL drivers in Corpus Christi. BACKGROUND AND FINDINGS: Del Mar College currently has a Transportation Training program that graduates between 250 and 300 students annually with an annual capacity of 312 students. This expansion will increase the student capacity to 1,056 graduates per year. The expansion includes acquisition of one or two additional tractor - trailer truck and six driving simulators incorporated into three customized mobile classroom units with two simulators each. The Eagle Ford Shale and the growth of economic activity in our area have increased the need for CDL drivers. The Del Mar College Foundation will purchase the six simulators and receive a matching gift of $2,000,000. The Type A Board approved this grant on March 19, 2012. ALTERNATIVES: This is the only incentive that this project is eligible for. OTHER CONSIDERATIONS: Not applicable. 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: Budget Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ 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 750,000 750,000 BALANCE 750,000 750,000 Fund(s): Type A Fund Comments: None RECOMMENDATION: Staff recommends approval of this grant to the Del Mar College Foundation for purchasing truck simulators in the amount of $750,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement 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 ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs WHEREAS, the 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 Del Mar Foundation for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, will best satisfy this goal; WHEREAS, City Council deems that it is in 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 Del Mar Foundation; 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 Del Mar Foundation. 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 Del Mar Foundation that provides for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Del Mar Foundation, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. 0044 2 2a2cbd69- a92b- 42eb- a011- d6e1bca30b22 Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0044 2 2a2cbd69- a92b- 42eb- a011- d6e1bca30b22 Joe Adame Mayor 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. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0044 2 2a2cbd69- a92b- 42eb- a011- d6e1bca30b22 BUSINESS INCENTIVE AGREEMENT BE EEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOUNDATION FOR EXPANSION OF TRANSPORTATION TRAINING PROGRAM This Business Incentive Agreement ("Agreement") for capital investments and job training is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College Foundation ("Del Mar Foundation"), a 501(c)(3) foundation supporting Del Mar College, political subdivision of the State of Texas. 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 118 th 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 ordinance adopting the ballot language that authorized the use of the 118th cent sales tax proceeds specifically provided that the funds could be used for to make grants to organizations to provide training, retraining, and education to insure the knowledge and skills required for the jobs of the future are in place; 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 October 18, 2010, 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 corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; Page 1 of 10 BUSINESS INCENTIVE AGREEMENT De Mar Truck Training Expansion 03222012 WHEREAS, Del Mar Foundation intends to help Del Mar College (DMC) expand DMC's existing Transportation Training Program by purchasing and installing six driving simulators into three customized mobile classroom units, which will allow DMC to serve more students and train students to obtain their Commercial Driver's License (CDL); WHEREAS, local industries need to fill over 1,000 commercial driver positions WHEREAS, local industries produce meaningful, wealth producing jobs that bring in dollars from outside Corpus Christi into the City; and WHEREAS, Del Mar College has invested or will invest approximately $691,261 in assets and will hire additional instructors and operate the program at an annual estimated cost to Del Mar College of $795,142; WHEREAS, the Transportation Training expansion will further De Mar College's mission of education and economic development; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar Foundation 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 five years beginning on the effective date. 3. Performance Requirements and Grants. a. Del Mar College will invest at least $691,261 in assets for the Transportation Training program. Del Mar Foundation shall annually report their actual investments at the facility, and provide documentation to support the report to the Corpus Christi Business and Job Development Corporation. b. Del Mar Foundation shall purchase the six simulators for DMC's transportation training Program. c. Del Mar College shall expend at least $795,142 every year to support and operate the expansion of the Transportation Training program. d. The Corporation will reimburse Del Mar Foundation for the costs incurred by Del Mar Foundation to acquire six truck driving simulators to expand the Del Mar College Transportation Training Program. The amount reimbursed by the Corporation may not exceed $750,000. e. On the annual anniversary of the effective date of this agreement, Del Mar Foundation shall report to the Corporation the number of students placed with the businesses within the region requiring a commercial driver's license that were trained by Del Mar College through the Transportation Training Program and the Page 2 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 average starting annual salaries paid by each employer within Corpus Christi during the previous year. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 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 defined in the Type A Guidelines, 5. Buy Local Provision. a. Del Mar Foundation agrees to use its best efforts to give preference and priority to Iocal manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Del Mar Foundation warrants and represents to Corporation the following: a. Del Mar Foundation is a 501(0 organization and 509(a)(1) public charity under the Internal Revenue Code, 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. Del Mar Foundation has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar Foundation has timely filed and will timely file all Iocal, 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. Del Mar Foundation has access to the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, on the State of Texas' website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 3 of 10 BUSINESS INCENTIVE AGREEMENT -- Del Mar Truck Training Expansion 03222012 e. The parties executing this Agreement on behalf of Del Mar Foundation are duly authorized to execute this Agreement on behalf of Del Mar Foundation. 7. Compliance with Laws. Del Mar Foundation shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non- Discrimination. Del Mar Foundation covenants and agrees that Del Mar Foundation will not discriminate or permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar Foundation are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar Foundation are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar Foundation 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. it the extent t . riz law, e! Mar Foundation covenants nts t fully indemnify, v.-:, and hold r I ss the Corporation, t it y , their respective officers, employees, and agents ( "Ins nitees' against all liability, damage, loss, claims demands, and actions f any i on account of personal nal injuries (including, , without limiting the ore i , workers' compensation nsation an t -. claims), or property loss or - a e of any kind, is arise out of or are in n manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar Foundation activities conducted er or incidental to this Agreement, including an injury, loss or damage caused the sole or contributory negligence of any or all of the Indemnitees. Del Mar Foundation must, at its own expense, se, i s vesti ate all those claims and demands, attend to their settlement r other disposition, defend II actions based on those claims and demands with counsel s tip acto to Indemnitees, and Page 4 of 10 BUSINESS INCENTIVE AGREEMENT Del Mar Truck Training Expansion 03222012 pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar Foundation to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and maintained by the end of the contract term. b. The Corporation or City determines that any representation or warranty on behalf of Del Mar Foundation contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar Foundation or any attachment or other levy against the property of Del Mar Foundation with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Del Mar Foundation makes an assignment for the benefit of creditors. e. Del Mar Foundation files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Del Mar Foundation become delinquent, and Del Mar Foundation fails to timely and properly follow the legal procedures for protest or contest. g. Del Mar Foundation 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 Del Mar Foundation is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar Foundation in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar Foundation to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar Foundation, 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. Page 5 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 a. Del Mar Foundation shall immediately repay all aH furids paid by Corporation under this Agreement. b. Del Mar Foundation shall pay Corporation's reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar Foundation under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar Foundation's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar Foundation is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Del Mar Foundation specifically agrees that Corporation shall only be liable to Del Mar Foundation for the actual amount of the money grants to be conveyed to Del Mar Foundation, and shall not be liable to Del Mar Foundation 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' Page 6 of 10 BUSINESS INCENTIVE AGREEMENT Del Mar Truck Training Expansion 03222012 grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar Foundation to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Foundation Attn: Executive Director of Development 101 Baldwin Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar Foundation will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one Page 7 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 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 Iaw 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 Iaw effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar Foundation. 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. Page 8 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 Corpus Christi Business & Job Development Corporation By: Eloy Salazar President Date: Attest: By: Armando Chapa Assistant Secretary APPROVED AS TO FORIVI: day of , 20 2, Charlotte Yochem Assistant City Attorney For City Attorney Page 9 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 Del Mar College Foundation, Inc. By: Mary C. / Queen, CFRE Executive Director of Development Date: I/425 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1JYLL 9„, Mary C. McQueen, CFRE, Executive Director of Deve opment, Del Mar Foundation, Inc., a 501(03 organization supporting Del Mar College, a subdivision of the State of Texas, on behalf of the Foundation. Notary Public State of Texas Nretmegata54.61.04.61.6324.1.41.4tirgawatrasebbe 1 4 1 IV:4N DELIA G. PEREZ Nmary Puthc STATE OF TEXAS My Comm. Exp 12-10,2(ro4 SA' Page 1° of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 Final ,2012, by College political BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Del Mar College Foundation ( "Del Mar ") has submitted a proposal to the Type A Corporation for a $750,000 grant for locating their headquarters in Corpus Christi; Page 1 of 3 0044 4 c25cbd8a- ac33- 4aa6- 8b02- 6421e9722816 WHEREAS, the Type A Corporation and Motorglobe have executed a business incentive project agreement for the creation of jobs related to Motorglobe locating their headquarters in Corpus Christi. 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 of Jobs between the Type A Corporation and Motorglobe related to Motorglobe locating their headquarters in Corpus Christi ( "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, 2013. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. Page 2 of 3 0044 4 c25cbd8a- ac33- 4aa6- 8b02- 6421e9722816 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 0044 4 c25cbd8a- ac33- 4aa6- 8b02- 6421e9722816 Page 3 of 3 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 10, 2012 Ronald L. Olson, City Manager FROM: Margie C. Rose, Assistant City Manager Marg ier(a� cctexas. com 361.826.3232 Amend Financial Policies to provide direction on preparation of Annual Budgets CAPTION: Resolution amending Financial Policies adopted by Resolution 029128 and providing Financial Policy direction on preparation of the Annual Budgets PURPOSE: Amending Financial Policies adopted by Resolution 029128 and providing financial policy direction on preparation of Fiscal 2012 -2013 Budget and future Annual Budget Processes BACKGROUND AND FINDINGS: It is the City's practice to reaffirm its Financial Policy or to adopt a new or modified policy annually in conjunction with budget preparation. These policies serve as a basis for preparing the City's annual budget. In preparing the proposed 2012 -2013 budget, Staff is recommending amendments to the policy that should not require that the policy be submitted for affirmation or amendments annually. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This resolution is implementing Policy guidelines to be followed. EMERGENCY / NON - EMERGENCY: Resolution requiring one reading DEPARTMENTAL CLEARANCES: Management and Budget, Finance and Legal Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: The policy itself has no financial impact RECOMMENDATION: Approval of the Financial Policies as presented LIST OF SUPPORTING DOCUMENTS: Resolution is attached Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Finance Margie C. Rose, Assistant City Manager RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 029128 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; and amended the policy in July 2011 by Resolution 029128; WHEREAS, as a result of those policies, the City 4ias achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain that a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029128 are amended to read as follows: 2 Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY 2011 12 each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation process until amended by City Council resolution. Section 2. Current Revenues Equal /Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance /Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of each fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) ten (10 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. 3 Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2. Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4. Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This 4 subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 4: 5. Property Tax Rate for Operations and Maintenance. The Each proposed annual bBudget for FY 2011 2012 shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.): Section 6. 6. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal ,income growth to insure an adequate financial base for the future. Section -4. 7. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. unfavorable revenue or expende trends, thus allowing for the identification of Section 8. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, 5 the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 9. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outline Sections 2 and 4hereinoutlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 10. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 11. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 12. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 adopted by the City Council on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 13. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 14. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery 6 shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 15. Zero Based Budgeting type of process. To prepare the General Fund City's — operating budget, the City shall utilize the a Zero Based Budgeting type of process. The staff shall be accountable for utilizing the a Zero Based Budgeting type of process comprehensively for all General Fund department budgets. Consideration may be given to expanding the Zero Based Budgeting process to Non General Fund Departments if deemed appropriate by the City Manager. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas 7 of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 029128 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; and amended the policy in July 2011 by Resolution 029128; WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029128 are amended to read as follows: 2 Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation process until amended by City Council resolution. Section 2. Current Revenues Equal /Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of each fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the 3 annual Internal Service Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury 4 Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 7. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. Section 8. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 9. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 10. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. 5 Section 11. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 12. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 13. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 14. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 15. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 6 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 • 0 4'-5h 4-+ (1) . � cc a) rci bA U ct v rci O O ra cIC$ CO v CO i-, 8 ® � Ct ct C v o a) a) ci) bA a) ct • ciz; ,E '.4-5..) 4-h • ,-1 CO 0.) Ct C/) E CO CO ate: ��-, ��-, O 0 0 ct a) a) cn E C.) ci) ct • •ct ct o sal sal ral a O ate) ,- a--+ • U , O E ;.-i ;.-i U U cn ^ a) co z ;.-i e E ^ • r bi3 C.▪ ) Ct▪ i "a ;.1 Ct +� U O U 0-' U ;-4 rai ct rj, • ;- .- co x co co 4_, ci) fah c,-51 "0 ,-1 P-J ;_iral 0 . ;--1 ;-1 ci-i Ct e co co ro • r-I , ,.. Lo • r-I • • �' b3 N WO CO bA bA ct ''� c.) +., bz cz$ 0 ct � c.▪ ) •,—, ral c.) ct ct r—I E E CO CO ;-1 ;-4 .4 U� O; , ;-, � O r, U • rJ) rt--1 O U � O ct U E • cic � U 4 ct •- U •'�' U c � � U O - • r--i E � O Ct E E U • r--i �-1 ct U j O cn O ct U c U ct .c9 U� U c O ,c0 bA cz$ cL) +.) U � O U U O CO ct bhp O U O co sal O ice Reserve Fund — strive to: :18 maintain balance for debt instruments of at least 2% of annual debt service appropriation(s) Ct Ct (2? Q 4I CCU a) r:4 ct k CCU ct E- 0.) ra: ;• r:611 0 Ct Ct 0 15-) 71) CID 0 Ct bJ0 Ct Ct •- • 0 0 AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: FROM: May 24, 2012 Ronald L. Olson, City Manager Oscar Martinez, ACM for Public Works, Utilities, & Transportation OscarM @cctexas.com (361) 826 -3897 Update on Plastic Bag Initiative. STAFF PRESENTER(S): Name 1. Oscar Martinez 2. Lawrence Mikolajczyk 3. Angela Gonzalez OUTSIDE PRESENTER(S): Name 1. None Title /Position ACM Director of Solid Waste Services Pride /Clean City Specialist Assistant Department ACM for Public Works Utilities, & Transportation Solid Waste Services Solid Waste Services Title /Position Organization BACKGROUND : This is follow up to the presentation given on February 21, 2012. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation 0) 0 ..45) 0 0 0) 0 0 0 1 -b9- (15 0 (I) 0 0 1- 0 0 At Cefe Valenzuela Landfill- City of Corpus Christi spends $90K a year collecting litter from roadsides Wind in Corpus Christi exacerbates litter problems (particularly plastic bags) Recycling commodity markets are cyclical-particularly for plastic bag material Plastic bag material can gum up processing machines, increasing operational expenses Ordinances across Texas have not totally resolved issues regarding plastic bags Retailers we spoke to state they are having difficulty complying with various ordinances across Texas The litter problem in Corpus Christi is comprised many items of which plastic bags are one Although Litter is comprised of discarded materials, it is caused by consumer behavior Staff has completed: D Online Residential Survey D Litter Index Survey D Research to Increase Enforcement Efforts D Discussion with Stakeholders D Outline of Education Campaign s 0 0 0) 0 N 0) 0 0) N O 0 E E } 0 0 N •- c D W D V) a) •_ 0 O •• —a 4) 0 a) �^^ V LL E o V W 0 W O O V O C 'u O O 4) cn N V < Q OD CN ub D V 1..1_ 45 i if; >,, •— O O V -a 6 >... 0 _Q 0 O u_ -0 ._ ._ a) ‘;':'T T) ii ,<, Q O F O O -0 N E ti 2 0 E t}n 4E(D -ea O O O c V co Texas Retailers Association. media sites and email distribution channels 1 W W 0 •• -o a) W V How often do you use plastic shopping bags? c".;5..sp 0 • 5.) 0 Q Sometimes 28.3% c'"°;5••••D g.•••D o rtez E y V) Z >. `) L D V) c 0 o_ E O V Do you use reusable shopping bags? Yes 72.6% No 27.4% If yes, how often do you use reusable shopping bags? gi's %.8.-?s iti cor- N 0 Q Sometimes When I Remember 33.9% >. `) L D V) c 0 o_ E O V Do you know if plastic bags can be recycled in Corpus Christi? Yes 58.9% An ordinance should be passed to stop people using plastic bags. co IN, CO LO i i -<D) 84 No opinion 6.5% N D nX •• S a L LU S Z a - - D aH N D a CO N X 0 H O L s" N 3Q tn (1) ^^``'E W D m c • a E o 0 Q L) 0 i Q a d > E • p i 45 m O .� c CI a a Q D E D Total volunteers: 426 Total hours: s N a N D H • N } • O N s D Q H CL q- __ O • 5 ✓ 0 } 147. ) V N %.2 -. N -0 s U ^ _ > D • u } N D • CO • N r > N a) N N co .e2 • 4- L CN N as N Q E D Areas included: 0 orcemen Increase 0 —o a) 0 E 0 U 4 Court Cases to D O O ....0 i -0 . 4) O i 0) D _N 0 () ._ .N -o i 2 z v" (" , .E -o D 4) N a) E- 43 v, . O -0 _• 0 V � V -0 O N. c 0 > • O i _C V .O ....... 0 an) ._ > E c in of � 0 N O O O O N ._ Vr D Two of these cases resulted in guilty verdicts 0 orcemen o Increase 0 a) ^N, W I) E 0 u Pedestrians or cyclists who do not use receptacles Motorists who do not use car ashtrays or litterbags Business dumpsters that are improperly covered and allowed to overflow a N cu -0 � a a O 0 - V c S V 0 3 a N N V N - -• 0 a a Q O a 42 O D 0 u s N } O N N a� 0 O E u E N N -0 -0 'X V = 0O'^ 73 u N � ) 0 i Q } N O v p a tn E3 E3 Trucks with unsecured loads on local roads and highways Household trash scattered before or during collection E3 orcemen o Increase En Brownsville Ordinance - Litter Corpus Christi Ordinance — Garbage Trash and Other Refuse — Enforcement — Receptacles required — Clearing from private property; notice to — Littering prohibited a) 0 — Throwing or depositing in public places — Requirement to correct health or safety hazards — Manner of placing in receptacles a) 0 0 D 0 1.2 T3 $2 45 a) 0) :13 ci tin 0 4.. 4E 0 c tl) 0 #3) u — Duty of Merchants — Throwing from vehicles orcemen o Increase En _c 0 a) al -6 0 aE 0 ng Ord Brownsville Ordinance (46-27 through 46-46) — Throwing or distributing handbills in public (a')' 00 0 — Placing handbills in or upon vehicles 0 0 0 -0 0 _c D 0 -0 0 -C 0) C 0E 0_ 0 a- — Manner of distribution of handbills to inhabited premises, exemption for mail and newspapers — Dropping from aircraft — Posting notices on poles, trees or structures — Depositing on private property — Duty of landowners to maintain property — Deposit on vacant lots CA 0 orcemen Increase 0 • • -o E a) FY13 Budget Proposal Hiring 2 additional Code Enforcement officers to enforce chapter 21. Hire additional personnel in Solid Waste to support code enforcement of Chapter 21 E. 73 D E E O V i -a W W a E 0 V •u D 0 V O D N O � Q 0 p s } a 0 a -0 N >- D ul- • LL • L V U a 01 N m S O U m O a o N 73 } O u V V i Downtown Kiwanis D 0 N f- L 0 0 0 D Communication with Retailers D Texas Food & Fuel and Texas Retailers Association i Social Media D Coastal Bend Surf Rider Association 0 • • -o 0 E a) 0 a 'a- t) 4L 20 0 _o 44] 4- 4- 4°2 t r, 0 2 -ct 0_ 0 O 4= --"/ 0- t 0 n a) 2 2 a 0 e) u u Online Support CCTV, Radio and Television Support Billboard campaign Hooks Baseball Promotion- public service announcements to run through August 2012 Texas State Aquarium Earned Media Promotions Continuous measurements of success (every 6 months)and shared feedback with stakeholders Funding is identified for campaign 0 Necommenda Recommendations D 0 a E H '_ ., ; E • •_ O •- .� o• +- a) O ' } V • ® O H E `D _ = H a) (Ni H .a) 0 r } a H a p 3 E } O 0 •p D I) Q O O C O 0 O = E �s a) a C a wo- E Q. 0 a O O H V O a " 0 `4 O a) .r* a 0 c o� E V a c\I .� v 0 D O 0 O H w a) p a) i• N a) 0 0 -0 i V 0 a} t= c a 41) C s D a N a) __ s a a O a ' co _c D a1 O a) } 0 a- 0 H c� O Q. a) a) ,a) a D •p O O � N c } a) ,_ O a a 0 p} a E D .4.- a) a) N E a c a) (i) • = a s Q O CD •N a p O > O C4- O O > V O V w a)•- 0 w w Voluntary Skip the Bag Campaign Promote concept through the education campaign Involve City and other community groups Promote the proper use of reusable bags Make reusable bags easily attractive and accessible to the public Measure the results Make alternate recommendations as necessary AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 11, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation UPDATE TO CITY COUNCIL — 2012 Parks, Recreation and Open Spaces Master Plan STAFF PRESENTER(S): Name 1. Michael Morris OUTSIDE PRESENTER(S): Title /Position Director Name Title /Position 1. Lloyd Lentz Senior Planner BACKGROUND : Department Parks and Recreation Organization Halff & Associates Halff and Associates will be updating City Council on the current status of the Parks, Recreation, and Open Spaces Master Plan. LIST OF SUPPORTING DOCUMENTS: Presentation Presentation C Z 0 "? May IAN t$ t3 a Z 8 0 Cli IN uti tS CU QJ lift u 0 cA"),) tX r 0 u its 0 4E4 VI Z VI 0 QJ rIta L to) 0,4aurt %„m QJ Park Cat - ®,•1 Nu i. • ;, ®1®®® -.. • • Niche Park 68 < 3 Neighborhood Park 66 3 —10 Community Park 8 11— 15 fi Regional Park 6 16 - 50 City Park 0 >51 Kt Special Use Parks 12 N/A tip, _ • ,f„rF • � a dd .s y � r p " p '11 ypica 4.4 ui, f n ,.. , v fi. F � E�,�3t��I Fiet� RE � t CORE DEFINED NATURAL BUSINESS TASKS LEVEL A LEVEL B LEVEL C LEVEL D AREAS Inspections \A /rrl /1\/ Rn/'IBITI II X/ /11-11X1-1-1 II X/ J 2 0 z ;,,ILDFLOWERS ONCE z z z 0 z W z 0 z 0 z WILDFLOWERS 0 z J 2 z 0 z J W W z z 0 1 w w � 0 O w 0 Er W 0 O LL LU n w Z Q 0 Z N O W o W 0 a O LL W u z z J w LU J w LU z Ordinance Driven EVERY OTHER YEAR O 0 0 Z WILDFLOWERS 0 Z IPM SPOT TREATMENT MINIMAL MACRONUTRIENTS NO IRRIGATION BI WEEKLY BI WEEKLY z Five Year Rotation z z t 0 0 z WILDFLOWERS 0 z L Q 0 v Q z NATIVE GRASS SEED IPM SPOT TREATMENT z_ O in C Z m O K Z 0 D O Z_ Q Q W W o Q 0 3 0 r AUTOMATED DAILY (Mon -Fri) DAILY (Mon -Fri) z Three Year Rota Q z Preventive and Reactive IPM Native perennials 2 J Q 0 0 U a) Q 0 z W p Lu o N w a 0 CO J K N W (nQ Z0J Q z > m w >K Dz00 0 Z 0 ` KFC7 70Z N Z a z 0 D O- Z <wa N � Q Z Cr Z LL O Q 0 4. 0 o SEED /SOD CYCLE PEST CONTROL FERTILITY SMART AUTOMATED IRRIGATION RECEPTICLES FACILITIES Yearly Attention SHADE TREES TWICE ANNUAL PEST CONTROL FERTILITY 2 co U 0 0 L2 0 m c CO p Fo 0 2 CARE OF DISPLAYS 1N31A139VNVW 32if11 NOIIVIINVS ivunilf1JIflIOH cri 0 tn 41 IA m v 00 VD ca a N 0 Z m rn N N r-1 00 c E E O u VD Q Z VD Regional Park r-1 cn A r-1 Q Z 0 Q z N r-1 Q Z ea 42 L Q ea a c c co a L ea a cu tio ca aJ L u Q L co a cu H 0 0_ L 3 Q w Park Acres per L a) CO 0 0 0 -1 C 0 0— L 3 Q W CC m Ol 4 O N 4 N Ni N N 4 Ln Ln l0 r-1 O 0 -0 0 O Q iro 3 O 0) CC L 1- 0 (1) 0.0 CO a) L U Q L a) CL 0 a) L 0 Q C 0 CL L 3 0. a) O O O ri C 0 CO Q 0 a 0 r-1 Ol rn m L.o r-1 N Ln rn Ol Oi N r-1 00 N m m 0 Ol m Ol 00 4 rn VD Ni 00 m N N 00 N 0 0 O 0 0 O N Ni O 00 Ln N rn Ln N 0 N O VD d - e-"I Ln N 4 00 Ln 00 Ol m rn N r-1 d - 0 N 4 0 N Ln m VD r-I r-1 Ol N 4 00 0 ri N Ln N m Ol 0 00 r-1 O 0 r-1 r-1 VD N r-1 l0 Ln N Ln N 0 0 O O 0 O 00 00 Ni Ln Ln m N Ol tO •C ca L c a) ca c a ca itr _ E N M LA O N L e: L 3.40 82.30 (Ni LA m LOO N 0 184.38 • 18.99 347.12 0 0 18.29 128.28 0 106.78 0 mm N LO 0 LA Lo 0100 I< 0 N O O Lo 00 00 00 c..1 LA i -I 4.30 2.11 25.31 3.21 v3 M 0 0 136.00 20.00 O O 0 39.85 44.22 0 O LA O O e Lff m N 00 .Cr -1 LO m N .N-1 O O N 01 00 O LA O O • Al Al O 00 r-I N O 0 CI al 0 c-I c-I N L6 • -I O .Ni 01 N.LA-i CA O N 0 0 0 0 0 • LA Niche Park 7.62 36.35 Neighborhood Park 35.98 74.46 Community Park 0 21.78 Regional Park 80.00 92.13 • City Park 0 0 • Bay /Beach Park 0 0 • Special Use Park 40.00 106.55 Nature Park Preserve 0 0 Esplanades, Parkways and Trails 0 36.30 Boat Ramps 0 0 N LA N lfl M -, -' lD M lfl i-1 CI- C1- a) aA co F2L u a 1- V) • ■ 1 Q (44D LI) O Cv V) v • • W W V 4 ^� E � a z v CO N L) • c3 E 4� S , z Qj c � W • • • egagaA 0) 0) c 0) 0, c c E _ Bird Watching , Nature Study & Education (T) E 0) fa_ n' L.IJ ca /(1) ��( » ' — Cv 0_ U) U (a (n L. ca C o C0 - U w 1 a) cn ..� ca � O E w U > �_ 0) Q O fa O ca it cy N C N ce5 CO CO W Z Z 1 W 4i QZ Z 4. "'s L 4J I C3 O 0 C5 "c3 O L • • AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 24, 2012 FROM: Ronald L. Olson, City Manager rono@cctexas.com 826.3220 UPDATE TO CITY COUNCIL Budget Summary STAFF PRESENTER(S): Name 1. Ron Olson BACKGROUND : Title /Position City Manager Department City Manager's Office This is a general overview of the proposed FY 2012 -2013 Operating Budget. The City Council will receive the proposed FY 2012 -2013 operating budget book prior to Tuesday's (5/29) Council meeting. LIST OF SUPPORTING DOCUMENTS: PowerPoint Team -based Approach e budget approach: Zero -based L) CIO Each department made detailed presentation Accountability to taxpayers th fundamentals first Value for dollars Mission focus Sustainable 4- 5 2 UI m LII U UI a Lli 0 0 0 UI UI 2 Ui IL III Li) a a V c:3 r: C 1 V c.? C V IL ----1' -4---It- m VE .2 0J I 12 , .... c C —b 7c," ; 2 ' 0.1 ae P Ca •-,:".E,'. g :7( i7; (C --- •E. in cc 11, a ii Ili E IL a fSIE Z IL. 0 1 (1) W Z 1- W 0 2 .2 0 . . 64' ) t Cl ) 01 C5 ( r- CID C) 0 0 (\ T- nc- 0 0 — 0 0 0 0 m 0 `-- r • Eti - W I• (..1,IE CA L. 1-• Ad Valorem Tax Lr Lr 4,1)- FY 2012 Genera Fort Worth Lcr,- Lfl Cr) 4,171- 0 ,-- 0 0 r— L.'l 0 0 C1.5 M (I) L- Le• c▪ •) • `---L, - (73 ,. 0> I ri 0c3 n - — 4.... t- r-- V3 Qr) L) CD PO C13 - E 0= 46S 0 O._ r- _C (...) n u - — LLJ D T.= < (• J '—(10 s_ (.1) 0 u Brownsville 0 c 0 ,(1)- FY 2012 Genera ro rNr rN CO CC Q t--i CI Q .11- '1X1- C--- —0 r— 0 Q) r— 0 C. --Ro _ r1 3 4—d CO Le) •C Le) 0 i San Antonio C-) 0 )- Brownsville FY 2012 Operating and Debt Service Rates per $100 Valuation Fort Worth c; 4C lry LC, • -Cr } ot- '01 N n—I vnni r".1 0-1 CD rl 0 ■:',1 cni QJ d 0 ▪ u to L9 0 C C 0 ""..'.• V) 0 0 -o Ira }, 4, a) 0,, 110 En C Z kj MI' • bi. 0 I. = ICE 0 CO d 0-] ,7171 Corpus Christi San `Antonio +.1 411 0 w 1711 r--- O C -',IIY 13 C 0 w bsEee M • to ▪ 0 10 Y.. 1.9. ii. OM ▪ z E ■.1 < Adopted Tax Rate per $loo Valuation U I_r1 0 0 L 0 co Co L O L7 C� L� L7 0 0 0 0 01 0 N fi 0 0 N fi 0 0 N N O � L6 O 8.50 O • O O N 'o 0 N O 0 O 0 cv N O 0 0\ ON %OT %Oi7 O 0 7.11 0 N e:\° 0 d- ON eeeee 0 CO M 00 00 N 0 0 • N • p 0 Lential (7,000 gal) Wastewater Z Cil Ci ICL Large Volume (2s mg] ICL Commercial OCL Large Vol •1•01 ..° i:1 4i) ; 0 Z1 0 CO CO T-1 CO Q te-+ M Cr o CT N C3 Cr) 0 'S. N M 0 LCD 00 CO M J C� a) Tit rf +1 • +�+ y : W Total Employees 206,360,733 200,688,704 200,434,788 O ON co 1. 6 ctS —Ts 4 00 N 71,994,937 Z 00 O CO co O VS N rte+ d1' N 00 Ln CO N N 00 O N. Z N r -i Cr) O ., CO Z N 677,690,308 Total Revenue 0 L C N o O CA \ \ \ CO N C Cr d- CO 0 00 N CY) iCD 1-1 `O 00 C'7 N Cf\ CO -C� O `O O O `o O N 730,351,256 l00% o° �-+ `O C� `O d' O cn 200,560,492 229,503,966 N Cf■ GO O O N 00- C5s Z' 000 00 L 00 L 2 662,398,651 100% Total Expenditures CO CS H Q cn 0 0 CID bJO 0 Csn (1) V1 ct N c Animal Services cvs 0 q �+r v1 ccs N 0 L) ?-1 • • b.() -01 0 0 0 b10 0 CiD 0 ;•••4 •i••,0 -„ a) $:1, P•4 C..) Ct 0 0 Ct • rl 4... rti Ct • r•■4 C1) Cr) ;..1 • rl Ct (1) CZ$ +.4 ;•■1 P..1 I 0 ;•■1 Ci) Ct 0 Ct •.0 CO (1) 0 Cir) p-- ;•■I v--4 CO ▪ P•4 Ct. .1 • .4....e 0 '••■,. 0 0 1 ;1 J) (1) ra) 0 Co) . ' CI) ) (1 0 a) E #1 ct bA ci , • - ..cz ) ' 51 c'z 4.(1-3 CI) '7:1 r."-.1 ci) 0 0 ct • 0 E ct • 'k-z.7 bA +-• a) - (1) 0 .4▪ a) J .0 r:1 • r""4 ;••I Ct • ,...4 bk) 0 , .,..1 yz,-.1/ • ”.•.1 •..0 • ,...1 ,..., 0,) ■Y 74) :i"-I re' r-O .7d E , c4o. ci, i':_ -t 2:1) E-1 c.) Citizen Cash Card L) 1' U • Cip 0 •O •� 0 bA 4) •O C • OA., ^^__V r V O E • 471 tco% 1' O • v---4 n (4) CL) CI) C.) CL) • CI) • P-1 • 0 r r General Fund Internal Service Fund Special Revenue Fund O .c.) p4 EJ .• 4, ct , H r-z 7d co ci) 7i cn co • ,—, ct ci) o ;•-i zl., o co 1.1 cn 4' 0 CO be bi3 .-c bi3 rti . tAl 10 CO cl) 'ml PC1 0 PI:1 C=) CO Ct b.13 • PO • 11 7i rj •tJ • SO) ZE11 Ct Ct CD ;=■1 • PZ cl) P4 CI) 8 E rz_i o ;Li o rz4 -_11 ci,) bi3 b13 o c) July 10, 2012 - July 25, 2012 - 2"d Reading & Final Adoption of Budget