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Agenda Packet City Council - 07/24/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, July 24, 2012 12:00 PM Council Chambers 10:00 Public Notice is hereby given that the City Council will meet in Workshop AM Session on Tuesday, July 24, 2012 at 10:00 a.m. in the Council Chambers, 1201 Leopard, Corpus Christi, Texas to discuss Bond 2012 Project Recommendations / Street Improvement Funding Recommendations. Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Kyle Livingston, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1 12 -00524 Proclamation declaring July 24 -29, 2012 as "TAAF Summer Games of Texas Week" Proclamation declaring August 3 -5, 2012 as "Texas A &M Health Science Central Coastal Bend Health Education Center 8th Annual Diabetes Conference Weekend" Proclamation declaring July 28, 2012 as "Feria de las Flores Day" Presentation to Jazmine Lawrence, Local Winner of the U.S. Conference Corpus Christi Page 1 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 of Mayors National Contest "DollarWi$e - Mayors for Financial Literacy" F. MINUTES: 2 12 -00525 Approval of Meeting Minutes - July 17, 2012. Attachments: Meeting Minutes - July 17, 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 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: (ITEMS 3 -8) 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. 3 12 -00478 Acceptance of grant and appropriation of funds for Marina boat pump -out system First Reading Ordinance - Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $12,457.00 for the Corpus Christi Marina boat pump -out system, with a City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of $16,609.50; and appropriating the $12,457.00 grant in the No. 1058 Marina Grants Fund for a boat pump -out system for the Corpus Christi Marina. Attachments: Agenda memo - TPWD boat pump -out system Ordinance Marina Pump -Out - TPWD Grant.doc 4 12 -00485 Agreement with CCISD for juvenile assessment center services Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide Juvenile Assessment Center services. Corpus Christi Page 2 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 Attachments: Agenda Memo - JAC CCISD Interlocal.docx Resolution - JAC CCISD Interlocal.docx Interlocal Agreement- with CCISD for Juvenile Assessment Center services.pdf 5 12 -00483 Professional services contract for third party review of FEMA data and model analysis of seawall area (Related items 5 -6) Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CI P Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and declaring an emergency. Attachments: Memo - FEMA1 Project map - Prelim FEMA Bayfront FIRM Assessment.pdf Ordinance No. 2 - Preliminary FEMA Bayfront FIRM Assessment.docx 6 12 -00482 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing revenues and expenditures in the amount of $175,000 each; and declaring an emergency. Attachments: Memo - FEMA1 Project map - Prelim FEMA Bayfront FIRM Assessment.pdf Ordinance No. 1 - Preliminary FEMA Bayfront FIRM Assessment.docx 7 12 -00484 Motion authorizing the City Manager, or designee, to execute a Professional Services Contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project Attachments: Memo - FEMA1 Project map - Prelim FEMA Bayfront FIRM Assessment.pdf Contract - Prelim FEMA Bayfront FIRM Assessment. pdf 8 12 -00477 Ordinance renaming North Beach Second Reading Ordinance - To rename certain areas in the City of Corpus Christi as "North Beach ". (1st Reading - 7/17/12) Attachments: Agenda Memo - North Beach Renaminq.docx North Beach Renaming Ordinance North Beach Exhibit J. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when Corpus Christi Page 3 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 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. K. PUBLIC HEARINGS: 9 12 -00490 Amend Consolidated Annual Action Plan for Community Development Block Grant project Public hearing to consider a motion regarding an amendment to the 2005 and 2010 Consolidated Annual Action Plans (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to change the location and scope of work for a FY05 and FY10 Community Development Block Grant project for AVANCE; and to authorize the City Manager or designee, following the conclusion of the public comment period required by HUD, to amend the FY05 and FY10 CAAP, by changing the location and scope of work for a Community Development Block Grant project for AVANCE; and to execute all necessary documents with HUD and the CAAP grantee as may be required to complete the project. Attachments: Agenda memo - CAAP Amendments Amendment - AVANCE.pdf 10 12 -00467 Public Hearing for the Proposed Bond Issue 2012 Attachments: Agenda Memo for Public Hearing on Bond 2012 0624.docx PowerPoint - Bond 2012 Overview L. REGULAR AGENDA: (ITEMS 11 -15) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 11 12 -00464 Approval of FY 2012 -13 Capital Budget Second Reading Ordinance - Approving the Fiscal Year 2012 -2013 Capital Budget and Capital Improvement Planning Guide in the amount of $212,844,400. (1st Reading - 7/17/12) Attachments: Agenda memo - 1st reading CIP Ordinance - FY 2012 2013 CIP.pdf Power Point- FY 2012 -2013 CIP.pptx 12 12 -00451 Award of construction contract and amendments to professional services contracts for Williams Drive phase 1 and 2 (Bond 2008) (Related items 12 - 14) Motion authorizing the City Manager, or designee, to execute a Corpus Christi Page 4 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008) Attachments: Memo - Williams PROJECT BUDGET - Williams Dr. Location Map - Williams Powerpoint - Williams Dr 13 12 -00453 Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1 from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional construction observation services. (Bond 2008) Attachments: Memo - Williams PROJECT BUDGET - Williams Dr. Location Map - Williams Williams St - Amendment 3 14 12 -00454 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams Drive Phase 2 from Nile Drive to Airline Road for additional construction observation services. (Bond 2008) Attachments: Memo - Williams PROJECT BUDGET - Williams Dr. Location Map - Williams VUlliams Street - Amendment 1 15 12 -00457 Amendment to professional services contract to elevate and redesign Corpus Christi Beach bath house Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a Contract for Professional Services with Chuck Anastos Associates, LLC. of Corpus Christi, Texas in the amount of $49,699.00 for a total re- stated fee of $99,524.00 for the Corpus Christi Beach New Bath House (Bond 2008). Attachments: Memo - CC Bath House Budget - CC Beach BathHouse Location map - CC Beach Bath House.pdf Contract- CC Beach Bath House.pdf Corpus Christi Page 5 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 M. FIRST READING ORDINANCES: (ITEMS 16 - 22) 16 12 -00508 Ordinance appropriating and transferring Raw Water Supply Development Fund balance to consolidate revenues into one fund Ordinance appropriating July 31, 2012 balance in the Raw Water Supply Development Fund, currently estimated to be $4,751,216, in the Fund 4010 Water Fund; transferring to Fund 4041 Raw Water Supply Development Fund. Attachments: Agenda memo - Raw Water Supply Ordinance - Appropriating Raw Water Supply Development Fund balance 17 12 -00511 Ordinances appropriating fund proceeds and correcting a prior appropriation (Related items 17 - 22) Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. Attachments: Memo - Appropriations Attachment One - Appropriations Airport CIP Ordinance One - Airport CIP 18 12 -00512 Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135to increase expenditures by $164,518.87. Attachments: Memo - Appropriations Bond Proceed Attachment One - Appropriations Bond Proceed Ordinance Two - Bond Proceed 19 12 -00513 Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. Corpus Christi Page 6 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 Attachments: Memo - Appropriations Utility Revenue Bond Attachment One - Appropriations Utility Revenue Bond Ordinance Three - Utility Revenue Bond 20 12 -00514 Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. Attachments: Memo - Appropriations Specialty Bond Proceed Attachment One - Appropriations Specialty Bond Proceed Ordinance Four - Specialty Bond Proceed 21 12 -00516 Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. Attachments: Memo - Appropriations Street Assessments Attachment One - Appropriations Street Assessments Ordinance Five - Street Assessments 22 12 -00517 Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. Attachments: Memo - Appropriations Attachment One - Appropriations Ordinance six w attach N. FUTURE AGENDA ITEMS: (ITEMS 23 - 35) Corpus Christi Page 7 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23 12 -00537 Resolution for adding recreational fees for FY 2012 -2013 Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. Attachments: Agenda Memo - FY13 New Fees Parks and Recreation Resolution - FY13 New fees Parks & Recreation ExhibitA - FY13 New Fees Parks and Recreation 24 12 -00498 Supply agreement for unleaded gasoline and diesel purchased at commercial locations Motion approving a supply agreement with Stripes LLC, Corpus Christi, Texas for standard gasoline and ultra -low sulfur diesel fuel in accordance with Bid Invitation No. BI- 0194 -12 based on only bid for an estimated annual expenditure of $4,435,881.68. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2011 -2012 and requested for FY 2012 -2013. Attachments: Agenda Memo - Unleaded Gasoline and Diesel Purchase at Commercial Locatic Bid Tabulation - Unleaded Gasoline and Diesel Purchased at Commercial Locat 25 12 -00479 Lease - Purchase and Purchase of Heavy Trucks Motion approving the lease- purchase of eleven (11) heavy trucks and the purchase of four (4) heavy trucks for the total amount of $1,523,536.00, of which $388,110.00 is required for the remainder of FY 2011 -2012 . The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0175 -12, based on lowest responsible bid. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease- purchase of the heavy trucks will be provided through the City's lease /purchase financing contractor. Attachments: Agenda Memo - Heavy Trucks- V3.docx Bid Tabulation - Heavy Trucks v2.xlsx 26 12 -00538 Resolution authorizing Staffing for Adequate Fire and Emergency Response grant application Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $3,380,824 to the United States Department Corpus Christi Page 8 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 of Homeland Security - Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 34 firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo - SAFER GRANT Resolution - SAFER Grant 2012 27 12 -00486 Rescinding purchase approval of a software interface to Starlims and approving purchase for Intergraph Corporation Motion approving the lease- purchase of eleven (11) heavy trucks and the purchase of four (4) heavy trucks for the total amount of $1,523,536.00, of which $388,110.00 is required for the remainder of FY 2011 -2012. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0175 -12, based on lowest responsible bid. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease- purchase of the heavy trucks will be provided through the City's lease /purchase financing contractor. Attachments: Agenda memo - Intergraph interface CorpusChristiTX - SOW -Limsl nterfaceNEW Certification of funds - Intergraph interface 28 12 -00319 Purchase of the Source Water Contaminant Event Detection System on the Nueces River Motion authorizing the City Manager or his designee to execute documents to purchase the Source Water Contaminant Event Detection System for the Nueces River below Lake Corpus Christi from Hach Company in the amount of $243,429.59. Attachments: Agenda memo - Source Water Contaminant Det System.docx Contract - Signed Addendum 070612. pdf Sole Source Letter.pdf 29 12 -00527 Agreements for disbursement of council members annual salary Motion authorizing the City Manager or his designee to execute an agreement with South Texas Council of Boy Scouts in the amount of $1,500,Tennis for Success in the amount of $500; and funds to be distributed to the following City projects: HEB Tennis Center in the amount of $2,000 and Parks, Arts, Leisure & Seniors (P.A.L.S.) - Lindale Park in the amount of $2,000, to receive the FY2011 -2012 council salary funds not receivable by Council Member John Marez in support of programs Corpus Christi Page 9 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 provided by their organizations in the City of Corpus Christi. Attachments: Agenda Memo - Council member salary Agreement - Tennis for Success.pdf Agreement - So. Texas Council of Boy Scouts.pdf 30 12 -00474 Agreement renewing state and federal external legislative consultant contracts Motion authorizing the City Manager to execute renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services and with Meyers & Associates for federal governmental relations services. Attachments: Agenda memo - Renewal of Lobbyist Contract FA- Corpus Christi (draft 07 -12) Meyers Assoc renewal 072412 31 12 -00519 Motion setting the city council meeting date to adopt the Property Tax Rate and schedule public hearings (Related items 31 - 32) Motion setting August 28, 2012 as the date of the adoption of the ad valorem tax rate of $0.570557 per $100 valuation. Attachments: Ad Valorem Tax Rate Meeting 0731012.doc 32 12 -00520 Motion setting a public hearing on the ad valorem tax rate for August 14, 2012 and a second public hearing for August 21, 2012, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Ad Valorem Tax Rate Meeting 0731012.doc 33 12 -00522 Ordinance authorizing the issuance of Airport Certificates of Obligation Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation , Series 2012 (AMT)" in an amount not to exceed $6,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Airport System; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Airport System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Corpus Christi Page 10 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Attachments: Agenda Memo - Airport COs Airport New Money Ordinance.pdf 34 12 -00500 Resolution approving Texas South - International Alliance Memorandum of Understanding Resolution approving the Texas South - International Alliance Memorandum of Understanding between the cities of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christi. Attachments: Agenda memo - Texas South Alliance TS -IA MOU RESOLUTION - Texas South -Intl Alliance MOU - 2012 35 12 -00471 Professional services contract to study the need for new restrictions to protect aquatic life in Oso Bay Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with RPS Espey of Austin, Texas in the amount of $538,680.00 for the Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay. Attachments: Memo - Oso Dissolved Oxygen Protect Budget - Oso Dissolved Oxygen Location Map - Oso WRP Dissolved Oxygen Modeling for Oso Bay.pdf Contract Professional Services - Oso WRP Dissolved Oxygen Modeling for Oso Presentation - DO Modeling O. UPDATES TO CITY COUNCIL: (ITEM 36) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 36 12 -00523 Operation Proud Partnership Attachments: Agenda memo - Operation Proud Partnership.docx PowerPoint - OperationProudPartnership RECESS THE CITY COUNCIL MEETING: Corpus Christi Page 11 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 37 12 -00539 Meeting of the Corpus Christi Housing Finance Corporation C( CHFC) 1. Call meeting to order 2. Secretary Armando Chapa calls roll. 3. Approve minutes from Board meeting of February 28, 2012. 4. Treasurer's Report 5. Election of officers 6. Consider a resolution authorizing the General Manager to designate a person to act as his designee for executing documents of the CCHFC. 7. Public comment 8. Adjourn Attachments: CCHFC Annual Board Mtg. Agenda Minutes - CCHFC12 -02 Financial Statement CCHFC May 31, 2012 Agenda memo - CCHFC Board Meeting Resolution - CCHFC Board Meeting RECONVENE THE CITY COUNCIL MEETING P. 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. 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 Corpus Christi Page 12 Printed on 7/20/2012 City Council Meeting Agenda - Final July 24, 2012 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. Q. CITY MANAGER'S COMMENTS: Update on City Operations R. ADJOURNMENT Corpus Christi Page 13 Printed on 7/20/2012 Corpus Christi Meeting Minutes - Draft City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, July 17, 2012 12:00 PM Council Chambers A. Call meeting to order. Mayor Adame called the meeting to order. B. Invocation. The invocation was delivered by Associate Pastor Darryl Hart, Immanuel Fellowship. C. Pledge of Allegiance. The Pledge of Allegiance was led by Council Member Larry Elizondo. D. Roll Call. City Secretary Chapa verified that the necessary quorum of the Council and the necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Present: 9 - 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,Council Member Nelda Martinez, and Council Member Mark Scott E. Proclamations / Commendations: (NONE) F. MINUTES: 1. Approval of Meeting Minutes - July 10, 2012. A motion was made by Council Member Martinez, seconded by Council Member Adler to approve the minutes as presented and passed with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". G. BOARDS & COMMITTEE APPOINTMENTS: 2. Building Code Board of Appeals Corpus Christi Regional Economic Development Corporation Library Board Oil & Gas Advisory Committee Corpus Christi Page 1 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Planning Commission Water Resources Advisory Committee The following appointments and /or reappointments were made to the City's Boards and Commissions: Building Code Board of Appeals: Reappointed - John Kendall (Building Industry) and Ricardo Martinez (Engineer); New Appointments - Ray Jones (Building Industry) and Vincent Doyle (Not Connected with Building Industry) Corpus Christi Regional Economic Development Corporation: New Appointment - Edward Martin Library Board: New Appointment - Roberta Seawell (La Retama) Oil & Gas Advisory Committee: New Appointments - William Perry Mofitt (Alternate, Oil Industry) and Randy Schnettler (Alternate, General Public); Realignment to Regular Members - Gary Meurer (General Public) and Paul Grivich (Oil Industry) Planning Commission: New Appointments - Fred Braselton, Chris Hamilton, Mike Lippincott and Philip Ramirez Water Resources Advisory Committee: New Appointment - Robert Kunkel (Port Industries) and Paula Stanley (Apartment Owners Association) Enactment No: I. CONSENT AGENDA: (ITEMS 3 - 11) Mayor Adame called for consideration of the Consent Agenda, Items 3 through 11. There were no comments and the items were approved by one vote: 3. Purchase of traffic signals and equipment Motion approving the purchase of traffic signals and equipment from Siemens Industry, Inc., Austin, Texas in accordance with Bid Invitation No. BI- 0155 -12 based on lowest responsible bid for a total amount of $55,750. Funds have been budgeted by Traffic Engineering in FY 2011 -2012. The foregoing motion was passed and approved with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -128 4. Purchase of food items for Elderly Nutrition Program Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -12 -3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $194,522.94 of which Corpus Christi Page 2 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 5. 6. $32,420.49 is required for the remainder of FY 2011 -2012. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 162 Line Items $91,102.80 Grand Total: $194,522.94 Performance Food Group Victoria, Texas 99 Line Items $103,420.14 The foregoing motion was passed and approved with the following vote: Aye: 9 - Abstained: 0 MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Enactment No: M2012 -129 Purchase of replacement vacuum truck for Wastewater department Motion approving the purchase of one (1) vacuum truck from Houston Freightliner, Inc., Houston, Texas for a total amount of $303,976.14. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The unit is a replacement to the fleet and will be used by the Wastewater Department. Funding is available in the FY 2011 -2012 Capital Outlay Budget of the Wastewater System Fund. The foregoing motion was passed and pproved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -130 Supply agreement for conversion of fleet vehicles from gasoline to compressed natural gas (CNG) Motion approving a supply agreement with Natural Gas Vehicles Texas, Inc., Dallas, Texas for the conversion and up- fitting of ten (10) vehicles from gasoline fuel to compressed natural gas (CNG) in accordance with Bid Invitation No. BI- 0163 -12 based on lowest responsible bid for an estimated annual expenditure of $98,600. The term of the agreement will Corpus Christi Page 3 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds are available in the Gas Grant Fund No. 1053, Gas Fund, Maintenance Service Reserve for Fleet Replacement Fund and Storm Water Fund. The foregoing motion was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -131 7. Service agreement to provide portable chemical toilets Motion approving a service agreement with Skid -O -Kan Company, Corpus Christi, Texas for portable chemical toilets in accordance with Bid Invitation No. BI- 0148 -12, based on lowest responsible bid, for a total estimated annual expenditure of $61,411.50 of which $5,117.63 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using Departments in FY 2011- 2012. The foregoing motion was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -132 8. Service agreement to provide dumpster containers for using City departments Motion approving a service agreement with CC Disposal Service, Corpus Christi, Texas for dumpster route collection in accordance with Bid Invitation No. BI- 0161 -12, based on lowest responsible bid, for a total estimated annual expenditure of $89,088.00 of which $7,424.00 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using Departments in FY 2011- 2012. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 4 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Aye: 9 - Abstained: 0 MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Enactment No: M2012 -133 9. Construction contract for sports field improvements to Bill Witt and Botsford Parks Motion authorizing the City Manager, or designee, to execute a Construction Contract with Lowman Land Improvements of Orange Grove, Texas for the Bill Witt and Botsford Park Improvements project in the amount of $237,401.95 for the Base Bid (Bond 2008 Project - Sports Field Improvements). The foregoing motion was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -134 10. Professional services contract for architect/engineering services for wastewater service line repair Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering Construction Management Services (ECMS) of Corpus Christi, Texas in the amount of $60,400.00 for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring Cover Adjustment Program FY2012 for construction inspection services. The foregoing motion was passed and approved with the following vote: Aye: 9 - Abstained: 0 MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Enactment No: M2012 -135 11. Lease renewal for Tejas Bowman Archery Club on property located off of McKinzie Road and Allison Drive Ordinance authorizing the City Manager, or designee, to execute a five -year lease agreement with Tejas Bowmen Archery Club for the use of City property near Allison Wastewater Treatment Plant off of McKenzie Corpus Christi Page 5 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Road, to maintain and operate an archery range; and declaration of emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029559 J. EXECUTIVE SESSION: Mayor Adame read Executive Session No. 12. The Council went into executive session. The council returned from executive session. 12. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. Mayor Adame announced that no action would be taken on the executive session. K. PUBLIC HEARINGS: (NONE) L. REGULAR AGENDA: (NONE) M. FIRST READING ORDINANCES: (ITEMS 13 - 14) Mayor Adame referred to Item No. 13. Michael Morris, Director of Parks and Recreation stated that this item is renaming Corpus Christi Beach to "North Beach ". He added that the Watershore and Beach Advisory Committee is recommending the renaming. Mayor Adame asked for comments from the audience. John Sloan and Carrie Robertson spoke in support of the renaming. 13. Ordinance renaming North Beach Second Reading Ordinance - To rename certain areas in the City of Corpus Christi as "North Beach ". (1st Reading - 7/17/12) The foregoing ordinance was passed and approved on first reading 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 Martinez and Council Member Scott Absent: 1 - Council Member Marez Abstained: 0 Corpus Christi Page 6 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 MayorAdame referred to Item No. 14. Peter Davdison, Marina Superintendent stated that this item is accepting a grant from the Texas Parks and Wildlife Department in the amount of $12,457, with a City match of $4,152.50 for a boat pump -out system for the Marina. Mayor Adame asked for comments from the audience. There were no comments. 14. Acceptance of grant and appropriation of funds for Marina boat pump -out system First Reading Ordinance - Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $12,457.00 for the Corpus Christi Marina boat pump -out system, with a City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of $16,609.50; and appropriating the $12,457.00 grant in the No. 1058 Marina Grants Fund for a boat pump -out system for the Corpus Christi Marina. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Marez Abstained: 0 N. SPECIAL BUDGET CONSIDERATION ITEMS: (ITEMS 15 - 23) PROPOSED CITY OF CORPUS CHRISTI FY 2012 -13 CAPITAL BUDGET Mayor Adame referred to Item No. 15. Oscar Martinez, Assistant City Manager stated that this is the first reading for approving the Fiscal Year 2012 -2013 Capital Improvement Planning Guide. He added that a presentation was provided to the Council last week during the public hearing. Mayor Adame asked for comments from the audience. There were no comments. 15. FY 2012 -13 Capital Budget Second Reading Ordinance - Approving the Fiscal Year 2012 -2013 Capital Budget and Capital Improvement Planning Guide in the amount of $212,844,400. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Corpus Christi Page 7 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Abstained: 0 PROPOSED CITY OF CORPUS CHRISTI FY 2012 -13 OPERATING BUDGET Mayor Adame referred to Item No. 16. Eddie Houlihan, Assistant Director of Management and Budget stated that this is the first reading of the Proposed Operating Budget for FY 2012 -2013. Mr. Houlihan added that the revenues total $723,139,064, and expenditures total $730,351,256. He referred to two proposed amendments to the budget. Council Member Scott made a motion to amend the budget by removing $250,000 from the Convention Incentive Fund and add to the Community Event Fund (CEF), seconded by Council Member Elizondo. After discussion, Council Member Scott withdrew his motion. City Secretary Chapa announced that staff is proposing two amendments to the budget. A motion was made by Council Member Martinez, seconded by Council Member Loeb to: 1) increase revenues for the Corpus Christi Museum of Science and History by $50,000, and 2) reduce the increase for the Police Health Plan from 11.6% to 9 %, and passed. Mayor Adame asked for comments from the audience. Abel Alonzo spoke regarding $2 million to the Arena and asked for a list of how the money will be spent. 16. First Reading Ordinance - Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2012; to be filed with the County Clerk; appropriating monies as provided in the budget and providing for severance. The foregoing ordinance was passed and approved on first reading as amended with the following vote: Aye: 9 - Abstained: 0 Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Mayor Adame referred to Item No. 17. Eddie Houlihan, Assistant Director of Management and Budget stated that this is a first reading ordinance ratifying the increase in property tax revenues in the amount of $1,880,999. Mayor Adame asked for comments from the audience. There were no comments. 17. First Reading Ordinance - To ratify increase of $1,880,999 in property tax revenues from last year's operating budget as reflected in the 2012 -2013 operating budget. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Corpus Christi Page 8 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Abstained: 0 PROPOSED FEE / RATE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2012 -13 OPERATING BUDGET Mayor Adame referred to the Proposed Fee and Rate Adjustment for FY2012 -2013 Operating Budget, Items 18 through 23. Council Members discussed Item No. 20, regarding fee increases for temporary street closures for neighborhood, small, large /special events and a new fee for parades, walks, marches and sporting event. Mayor Adame asked for comments from audience. Carolyn Moon and Freddy Ramirez spoke in opposition to the fees related to parades, walks, marches and sporting event. Mike Staff stated that permit fees should be equitable. 18. Fee increases for incentives to return Library items First Reading Ordinance - Amending Section 2 -79 "Fees" of the Code of Ordinances by defining lost item, referring accounts with a lost item to collection, modifying lost item fee processing, authorizing replacement library card fee, authorizing increase in overdue fees for audio /visual items; providing an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 19. Ordinance repealing the electronic processing fee for utility payments First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, Finance, by repealing Section 17 -3.1, regarding utility payments convenience fee; providing for severance; providing for publication; and providing for effective date of August 1, 2012. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Corpus Christi Page 9 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 20. PERMIT FEE INCREASES FOR TRAFFIC ENGINEERING APPLICATION PROCESS (Related items 20 - 22) Fee increases for temporary street closures for neighborhood, small, large /special events and new fee for parades, walks, marches and sporting events First Reading Ordinance - Amending Section 49 -16 of the Code of Ordinances to revise and increase fees for temporary street closure permits, classify and add permit fees for parades, walks, marches, and sporting events, and provide authority for the traffic engineer to issue all temporary street closure permits; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Martinez and Council Member Scott Nay: 2 - Council Member Loeb and Council Member Marez Abstained: 0 21. Fee increases for banner permits First Reading Ordinance - Amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner permit from $ 25.00 to $ 35.00; providing for severance; providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 22. Fee increases for Residential Traffic Management Program First Reading Ordinance - Amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of $ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 10 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 23. Water rate and fee adjustments Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water rates and fees; providing for severance; providing an effective date; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 0. FUTURE AGENDA ITEMS: (ITEMS 24 - 33) Mayor Adame referred to the Future Agenda section, Items 24 through 33. Mayor Adame stated that these items are for informational purposes only and that no action or public comment would be taken at this time. City Manager Olson stated that Item No. 24 is being withdrawn. Staff provided a presentation on Items 26 through 33. 24. Resolution for adding recreational fees for FY 2012 -2013 Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. City Manager Olson announced that this item is being withdrawn. 25. Agreement with CCISD for juvenile assessment center services Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide Juvenile Assessment Center services. This Resolution was recommended by staff to the Consent Agenda. 26. Professional services contract for third party review of FEMA data and model analysis of seawall area (Related items 26 - 28) Corpus Christi Page 11 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CI P Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and declaring an emergency. This Emergency Ordinance was recommended by staff to the Consent Agenda. 27. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing revenues and expenditures in the amount of $175,000 each; and declaring an emergency. This Emergency Ordinance was recommended by staff to the Consent Agenda. 28. Motion authorizing the City Manager, or designee, to execute a Professional Services Contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project This Motion was recommended by staff to the Consent Agenda. 29. Award of construction contract and amendments to professional services contracts for Williams Drive phase 1 and 2 (Bond 2008) (Related items 12 - 14)) Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008). This Motion was recommended by staff to the Regular Agenda. 30. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1 from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional construction observation services. (Bond 2008). This Motion was recommended by staff to the Regular Agenda. 31. Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams Drive Phase 2 from Nile Drive to Airline Road for additional construction observation services. Corpus Christi Page 12 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 (Bond 2008). This Motion was recommended by staff to the Regular Agenda. FUTURE PUBLIC HEARING 32. Amend Consolidated Annual Action Plan for Community Development Block Grant project Public hearing to consider a motion regarding an amendment to the 2005 and 2010 Consolidated Annual Action Plans (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to change the location and scope of work for a FY05 and FY10 Community Development Block Grant project forAVANCE; and to authorize the City Manager or designee, following the conclusion of the public comment period required by HUD, to amend the FY05 and FY10 CAAP, by changing the location and scope of work for a Community Development Block Grant project forAVANCE; and to execute all necessary documents with HUD and the CAAP grantee as may be required to complete the project. This Motion was recommended by staff to Public Hearing. FUTURE CORPORATION MEETING 33. Meeting of the Corpus Christi Housing and Finance Corporation (CCHFC) 1. Call meeting to order 2. Secretary Armando Chapa calls roll. 3. Approve minutes from Board meeting of February 28, 2012. 4. Treasurer's Report 5. Election of officers 6. Consider approval of an interim construction loan to CDG Housing Corpus Christi, Ltd. in connection with the development of The Villas at Woodbend. 7. Consider a resolution authorizing the General Manager to designate a person to act as his designee for executing documents of the CCHFC. 8. Public comment Corpus Christi Page 13 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 9. Adjourn This meeting was recommended by staff to the Corporation section. P. UPDATES TO CITY COUNCIL: (ITEMS 34 - 35) 34. Bond Issue 2012 Project Recommendation Mayor Adame referred to Item No. 33, Updated on Bond Issue 2012 Project Recommendation. Oscar Martinez, Assistant City Manager discussed the timeline, preliminary projects, recommended street projects, possible street projects, possible public facility projects, possible parks and recreation improvements, and economic development potential projects. 35. Street Improvement Funding Recommendation Mayor Adame referred to Item No. 35, Street Improvement Funding Recommendation. Oscar Martinez, Assistant City Manager provided a presentation and discussed the following issues: Street Funding Requirement Overview; Street Reconstruction /Rehabilitation Work Plan; Cost of Reconstruction /Rehabilitation Work Plan; Revised Assessment Program; Street Maintenance Program Funding Requirement; Street User Fee; Street Maintenance Work Plan; Summary of Total Cost of Work Plans; Design Standards; Street Cuts and Cost Recovery and Potential Legislative Agenda Items. Q. 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. 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. Mayor Adame referred to the Public Comment section of the agenda. Andrea Montalvo Hammod spoke in opposition of closing Winrock Park; Willa Dean Smith spoke in opposition of closing Winrock Park; Sally Vera spoke in opposition of closing Winrock Park; Trian Serbu opposes the street repair fee; Jack Gordy spoke about the signs on RTA bus benches; Susie Luna - Saldana spoke in support of women representation on board and supports the recommendation of appointing Debbie Lindsey -Opel to the Type A Board; Carolyn Moon spoke about the plastic bag fee and lack of education; Heather Moretzsohn spoke about the funding cuts to the Sister City Exchange Project and supports restoring funding to this program; Jacob Bartlett spoke in support of funding the Sister City Exchange Program; Annie Rodriguez spoke in support of funding the Sister City Exchange Program; Incarnate Word Academy Student spoke in support of funding the Sister City Exchange Program; John Porter read a letter on behalf of Leo Diaz in regards to supporting the Sister City Exchange Program; Abel Alonzo asked for equitability when supporting programs; Colin Sykes spoke about a recent ruling by the Supreme Court regarding Corporations are People and the effect on the election process; Jim Corpus Christi Page 14 Printed on 7/19/2012 City Council Meeting Minutes - Draft July 17, 2012 Klein spoke about the Citizens United and asked for support of a Resolution to overturn the Citizens United court case; Maria Garza spoke about the salary levels for the City of Corpus Christi; Rosie Colin thanked the Council for their work on behalf of the Hispanic Chamber of Commerce. R. CITY MANAGER'S COMMENTS: There were no City Manager comments. Update on City Operations S. ADJOURNMENT There being no further business to come before the Council, Mayor Adame adjourned the meeting at 5:30 pm. Corpus Christi Page 15 Printed on 7/19/2012 AGENDA MEMORANDUM First Reading for City Council Meeting of July 17, 2012 Second Reading for City Council Meeting of July 24, 2012 DATE: 7/17/12 TO: Ronald L. Olson, City Manager FROM: Peter M. Davidson Marina Superintendent (361) 826-3983 PeterD(a�cctexas.com TPWD Corpus Christi Marina Boat Pump -Out System CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $12,457.00 for the Corpus Christi Marina boat pump -out system, with a City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of $16,609.50; and appropriating the $12,457.00 grant in the No. 1058 Marina Grants Fund for a boat pump -out system for the Corpus Christi Marina. BACKGROUND AND FINDINGS: The use of this equipment is free of charge to all boating public 24/7. The City of Corpus Christi Marina, Public Boat Sewage Pump -Out Equipment is worn -out beyond repair. This machinery must be replaced with new to keep our bay waters and marina clean and free of sewage. The City of Corpus Christi Marina has been approved and awarded a 75% grant through the U.S. Fish and Wildlife Service through their Clean Vessel Act (CVA) grant program, administered by the Texas Parks and Wildlife Department. The Corpus Christi Municipal Marina was the first designated "Clean Marina" in the State of Texas. At present temporary alternate sewage pumpout equipment is being utilized. The grant emanates from the U.S. Fish and Wildlife Service providing $11.4 million in grants to 24 states under the Clean Vessel Act (CVA) grant program. Since its creation in 1992, the CVA program has provided funds to States to construct, replace, renovate, and maintain facilities that assist recreational boaters in properly disposing of on -board septic waste. The program also provides information and education on the importance, benefits, and availability of pump -outs. Funds for the CVA program are provided annually from the Sport Fish Restoration and Boating Trust Fund. Over the past 20 years, the Service's Wildlife and Sport Fish Restoration Program has awarded almost $200 million in CVA grants. I am pleased that these efforts are put in place to benefit wildlife, sport fishing, recreational boating, and communities across America ALTERNATIVES: Not to accept the grant OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Marina Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Maintenance & Repairs $40,000.00 $0 $40,000.00 Encumbered / Expended Amount $24,941.00 $0 $24,941.00 This item $4,152.50 $0 $4,152.50 BALANCE $10,906.50 $0 $10,906.50 Marina Reserve $35,000.00 $0 $35,000.00 This Item $12,457.00 $0 $12,457.00 BALANCE $22,543.00 $0 $22,543.00 Comments: Fund(s): Marina Fund (35300), Marina Reserve (80050) RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Texas Parks & Wildlife Department grant acceptance letter dated June 13, 2012 Texas Parks & Wildlife Department — Clean Vessel Act Program Agreement Approvals: Lisa Aguilar, Assistant City Attorney Peter Davidson, Marina Superintendent Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $12,457.00 for the Corpus Christi Marina boat pump -out system, with a City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of $16,609.50; and appropriating the $12,457.00 grant in the No. 1058 Marina Grants Fund for a boat pump -out system for the Corpus Christi Marina. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $12,457.00 for the boat pump -out system for the Corpus Christi Marina, with a City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of $16,609.50 Section 2. That a $12,457.00 grant from the Texas Parks and Wildlife Department is appropriated in the No. 1058 Marina Grants Fund for a boat pump -out system in the Corpus Christi Marina. 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 Joe Adame Mayor AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 17, 2012 Consent Agenda Item for the City Council Meeting of July 24, 2012 DATE: 6/29/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo(c�cctexas.com; 361- 826 -3464 Interlocal Agreement with CCISD to offer prevention services and programs CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide Juvenile Assessment Center services. PURPOSE: Allow Juvenile Assessment Center staff to provide Life Skills Training, a research -based prevention program, to CCISD students. BACKGROUND AND FINDINGS: The Interlocal Agreement will permit the Juvenile Assessment Center (JAC) entrance into CCISD schools and provide prevention education to CCISD students as a means of reducing juvenile crime and delinquency in our city. Specifically, the JAC will offer Botvin's Life Skills Training, a research -based prevention program proven to teach youth the necessary skills to handle life challenges while reducing the risks of violence, alcohol /tobacco /drug abuse, and other factors attributed to juvenile delinquency. Furthermore, the agreement enables the JAC to work with school personnel to identify other campus needs and provide prevention education and other services such as, but not limited to, bullying, character development, and risk - reduction case management. ALTERNATIVES: Do not approve resolution and cease planning efforts for the program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all interlocal agreements and contracts EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 0 BALANCE 0 Fund(s): Comments: There will be no charges assessed for the programs and services offered through the Juvenile Assessment Center RECOMMENDATION: Approve the Interlocal Agreement 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 Juvenile Assessment Center services. 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 Juvenile Assessment Center services. 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 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT REGARDING THE JUVENILE ASSESSMENT CENTER (LIFE SKILLS TRAINING) This Agreement is made and entered into this day of , 2012, by and between the Corpus Christi Independent School District hereinafter referred to as "District ", and the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the District and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, both the City and District represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the District and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by District and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "The Agreement "): 1. PURPOSE OF AGREEMENT The purpose of the Agreement is to state the terms and conditions under which the City of Corpus Christi Juvenile Assessment Center is to work with CCISD to offer a life skills programs to high -risk students. 2. DESCRIPTION OF THE SERVICES TO BE PROVIDED The City of Corpus Christi Juvenile Assessment Center (JAC) will provide Botvin's Life Skills Training to CCISD students who exhibit behaviors that are likely to contribute to their increased risk of juvenile delinquency. In an effort to help students make a decision to attend 2 and stay in school, JAC offers Life Skills Training, a research -based prevention program proven to reduce the risks of violence and alcohol/tobacco /drug abuse. It is a comprehensive curriculum targeting the major social and psychological factors that promote the initiation of substance use and other behaviors which often lead to juvenile delinquency. The purpose of this training series is to provide children and adolescents with the confidence and skills necessary to handle challenging situations. JAC has a Case Manager /Prevention Specialist designated to provide training to CCISD students. The Prevention Specialist will work with each school to determine which students would benefit from the program and to decide on an appropriate date, time and location for the training. Each student will be given a workbook to be used to work through the exercises. To successfully benefit from the program, students are expected to attend each of the classes in the series. The Life Skills Training is separated into three different curricula for elementary, middle, and high schools. The program uses a progressive curriculum in which each unit builds upon the next, and the curricula for the middle and high schools reinforces what was taught in the previous grade cluster(s). Through this training, students will gain valuable tools and skills used to overcome and cope with difficulties, but more importantly, the curricula encourages students to listen to the "voice inside their heads" which reinforces the values they have learned in making positive life decisions. The curricula vary by grade cluster but start with an introductory class so the Prevention Specialist can engage with students to identify individual student needs. The curricula are described as follows: Elementary School • Eight units in 8 lessons, each 30 -45 minutes in duration • Target population: 3'd to 5th grades • Topics include: self- esteem, decision making, smoking information, advertising, stress, communication skills, social skills, assertiveness Middle School • 11 units in 12 lessons (plus 3 optional units /lessons), 45 minutes in duration • Target population: 6th -7`h graders, with booster programs for 7th -8th graders who have completed the entire series the year before. • Topics include: self -image & self - improvement, decision making, smoking myths & realities, smoking & biofeedback, alcohol myths & realities, marijuana myths & realities, advertising, coping with anxiety, communications skills, social skills (2 lessons), and assertiveness. Additional optional topics: violence and the media, coping with anger, resolving conflict 3 High School • 7 units in 10 lessons, 45 minutes in duration • Target population: 9`h -10th grades • Topics include: the value of good health, decision making for health, risk - taking and substance abuse, the media and health, managing stress /anger /other emotions, family communications, healthy relationships The JAC can also work with schools to identify other particular needs that may warrant additional extensive training in the Character First program or on topics such as bullying, violence prevention, strengthening families, etc. By working jointly with school counselors, the Prevention Specialist can assist in linking students with JAC case management services designed to address special needs related to delinquency. 3. TERM AND TERMINATION This Interlocal Agreement shall have one year term and shall be effective upon its date of execution by the last party to execute the Agreement. The Agreement shall automatically renew for successive five one -year terms. This Agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 4. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE DISTRICT: TO THE CITY: 5. INDEMNIFICATION Corpus Christi Independent School District Attn: D. Scott Elliff, Superintendent of Schools 801 Leopard Street Corpus Christi, Texas 78403 The City of Corpus Christi Attn: Director of Parks and Recreation P.O. Box 9277 Corpus Christi, Texas 78469 -9277 District and City agree that both District and City shall each be responsible for their own negligent acts or omissions or other tortious conduct in the courts of performance of this Agreement, without waiving any sovereign governmental immunity available to either District or City under Texas law and without waiving any available defenses under Texas law. Nothing in 4 this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 6. FISCAL FUNDING In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 7. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 8. CONFIDENTIAL RECORDS AND INFORMATION In the carrying out of the terms of this Agreement, the City and /or Juvenile Assessment Center may, from time to time, have access to confidential information and documents pertaining to students in the District. The City and /or Juvenile Assessment Center shall not, without written consent of the parents of the student, release or disclose to the public or any third party District information or records regarding any District student. The District shall not, without written consent of the City Attorney or designee, disclose to the public or any third party any City information or City records regarding the student. Said information and documents are considered confidential, and shall not be used by the City and /or Juvenile Assessment Center, District or any of their employees, agents, or representatives, for private purposes. The City and /or Juvenile Assessment Center acknowledges that the unauthorized release of confidential student information or records may subject the individual or entity to criminal and civil penalties. Accordingly, the City and /or Juvenile Assessment Center will comply with the requirements of District policy pertaining to the confidentiality of student education records, and will comply with the requirements of the Family Education Rights and Privacy Act (F.E.R.P.A. - see 20 U.S.C. § 1232g and 34 C.F.R. § 90, et seq.) The City and /or Juvenile Assessment Center further agrees that any confidential student information or records it obtains pursuant to the performance of this Agreement will be destroyed after the need for such information or records ceases to exist. 9. CRIMINAL BACKGROUND CHECK Insofar as applicable, the parties recognize and agree as follows: An entity that contracts with the District to provide services shall obtain from any law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), all criminal history record information that relates to an employee of the entity who is employed before January 1, 2008, and who is not subject to a national criminal history record information review under Education Code 22.0834(b) if 1. The employee has continuing duties related to the contracted services; and 5 2. The employee has direct contact with students. A person who, on or after January 1, 2008, is offered employment by an entity that contracts with the District must submit to a national criminal history record information review if: 1.. The employee or applicant has or will have continuing duties related to the contracted services; and 2. The employee or applicant has or will have direct contact with students. The person must submit to the review before being employed or serving in a capacity described above. An entity contracting with the District shall obtain all criminal history record information that relates to a person described above through the criminal history clearinghouse as provided by Government Code 411.0845. The entity shall certify to the District that it received all of the criminal history record information required above. The service contractor shall also certify that it will take reasonable steps to ensure that the conditions or precautions that have resulted in a determination that any person is not a covered contract employee continue to exist throughout the time that the contracted services are provided. A service contractor shall provide the District, at its request, the information necessary for the District to obtain criminal history record information for all covered contract employees. 10. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 11. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 12. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 13. APPROVAL This Agreement is expressly subject to and contingent upon formal approval by Corpus Christi Independent School District and by Corpus Christi City Council. EXECUTED IN DUPLICATE on the day of , 2012. CITY OF CORPUS CHRISTI ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form: ‘4O Lisa Aguilar ssistant City Attorney for the City Attorney Ronald L. Olson City Manager CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: D. Scott Elliff, Superintendent ,/7 : chools Date: Reviewed and pproved for Purchasing Compliance By: B Dif�ct for ' chasing and Distribution Date: .5-4(1/2 Approved as to legal form By: John J. anssen, General Counsel for CCISD Date: 7' 'Z( 6 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2010 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 July 20, 2012 Ronald L. Olson, City Manager Approval of Professional Services Contract for Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment CAPTION: Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and declaring an emergency. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing revenues and expenditures in the amount of $175,000 each; and declaring an emergency. Motion authorizing the City Manager, or designee, to execute a Professional Services Contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project. PURPOSE: To award the professional services contract for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment. BACKGROUND AND FINDINGS: 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, 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 methodologies of storm surge analysis and wave run -up along coastal structures and levee systems have changed. C:AProgram Files \Granicus \Legistar5\ Packet\ 965 C i t y Council 7 24 201210005 1 Memo - FEMA1 .docx The current effective flood maps in Nueces County show the Corpus Christi Flood Protection System 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. To be recognized and annotated on the updated Fl RM's to provide flood protection under the current remapping effort; the elevation of the existing flood protection system (including the seawall and other coastal structures) may need to be increased to accommodate FEMA proposed increase in storm surge elevation and wave run -up. Providing an independent engineering assessment of storm surge analysis and wave run -up may provide the basis for the City to engage FEMA's revision consideration of the expected FIRM's subject to public review in the upcoming months. ALTERNATIVES: 1. Award Contract to HDR Engineering, Inc. as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: The following alternatives were considered: 1. Do nothing and accept FEMA's proposed storm surge analysis as proposed in FEMA's updated FIRM's. The seawall structure system in its current condition does not meet FEMA's proposed revised elevation requirements to provide flood protection against the 100 -year storm event and the area behind the flood protection system would be mapped as either an AE or AO zone, and flood insurance would be required for properties with federally backed mortgages. 2. Enter into a consultant agreement to complete an independent assessment of storm surge analysis along Corpus Christi Bay and compare the results to FEMA's storm surge analysis. Pending the results, this independent analysis would give the City the ability to comment to FEMA regarding their wave run -up methodology and results which could then lend itself to a reduction in the FEMA proposed elevations. This contract is anticipated to be approved and recommended for award on July 16, 2012 by the Corpus Christi Business and Job Development Board (Type A). CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Engineering Services C:AProgram Files \Granicus \Legistar5\ Packet\ 965_ C i t y Council 7 _ 24 _ 201210005_ 1_ Memo - FEMA1 .docx 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 $175,000.00 $175,000.00 Encumbered / Expended Amount This item $175,000.00 $175,000.00 BALANCE $0.00 $0.00 Fund(s): Seawall System CIP Fund Comments: This contract is recommended to be approved for the entire contract amount of $168,312.00 for Task 1: Review of Revised FIS; Task 2: Wave Analyses and Technical Documentation; Task 3: Technical Appeal, and Additive Options with TAMU -CC and NAS dependent on their participation. Only tasks 1, 2 and 3 are authorized at this time. Authorization for additive options with TAMU -CC and NAS is pending future Interlocal agreement. This project may have substantial cost savings to downtown property owners if the downtown area is mapped as a Zone X in lieu of Zone AE or AO. In addition, even if the area is still mapped initially as an AE or AO, any reduction in the FEMA proposed storm surge elevation would result in substantial savings to the City in any future seawall elevation improvements. RECOMMENDATION: City Staff recommend the approval of a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project. LIST OF SUPPORTING DOCUMENTS: Location Map C:AProgram Files \Granicus \Legistar5\ Packet\ 965_ C i t y Council 7 _ 24 _ 201210005_ 1_ Memo - FEMA1 .docx \Mproject \councilexhibits \exhE12070.d wg RIVER .NUECES BAy CC v 7/ s CORPUS CHRISTI BAY W4 44 BEAR PROJECT SITE 3 CC PROJECT #E12070 s A'4 064 NAS F.M. 43 q Cu P FM 2444 Elsa Cr pp LOCATION MAP NOT TO SCALE LAGUNA .7t4AD E %r WHITECAP SEA PINES �o G2IL� oI MEXICO Preliminary FEMA Bayfront FIRM Assessment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund Balance in the No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type "A" CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $175,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund is transferred to and appropriated in the No. 3271 Seawall Type "A" CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project. Section 2. 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 July, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0005_3_Ordinance No. 2 - Preliminary FEMA Bayfront FIRM Assessment 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 0005_3_Ordinance No. 2 - Preliminary FEMA Bayfront FIRM Assessment AGENDA MEMORANDUM for the City Council Meeting of July 24, 2010 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 July 20, 2012 Ronald L. Olson, City Manager Approval of Professional Services Contract for Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment CAPTION: Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and declaring an emergency. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing revenues and expenditures in the amount of $175,000 each; and declaring an emergency. Motion authorizing the City Manager, or designee, to execute a Professional Services Contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project. PURPOSE: To award the professional services contract for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment. BACKGROUND AND FINDINGS: 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, 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 methodologies of storm surge analysis and wave run -up along coastal structures and levee systems have changed. C:AProgram Files \Granicus \Legistar5\ Packet \965 City Comm" 7242012 \00061Memo - FEMA1 .docx The current effective flood maps in Nueces County show the Corpus Christi Flood Protection System 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. To be recognized and annotated on the updated Fl RM's to provide flood protection under the current remapping effort; the elevation of the existing flood protection system (including the seawall and other coastal structures) may need to be increased to accommodate FEMA proposed increase in storm surge elevation and wave run -up. Providing an independent engineering assessment of storm surge analysis and wave run -up may provide the basis for the City to engage FEMA's revision consideration of the expected FIRM's subject to public review in the upcoming months. ALTERNATIVES: 1. Award Contract to HDR Engineering, Inc. as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: The following alternatives were considered: 1. Do nothing and accept FEMA's proposed storm surge analysis as proposed in FEMA's updated FIRM's. The seawall structure system in its current condition does not meet FEMA's proposed revised elevation requirements to provide flood protection against the 100 -year storm event and the area behind the flood protection system would be mapped as either an AE or AO zone, and flood insurance would be required for properties with federally backed mortgages. 2. Enter into a consultant agreement to complete an independent assessment of storm surge analysis along Corpus Christi Bay and compare the results to FEMA's storm surge analysis. Pending the results, this independent analysis would give the City the ability to comment to FEMA regarding their wave run -up methodology and results which could then lend itself to a reduction in the FEMA proposed elevations. This contract is anticipated to be approved and recommended for award on July 16, 2012 by the Corpus Christi Business and Job Development Board (Type A). CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Engineering Services C:AProgram Files \Granicus \Legistar5\ Packet \965_ City Comm" _7_24_2012 \0006_1_Memo - FEMA1 .docx 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 $175,000.00 $175,000.00 Encumbered / Expended Amount This item $175,000.00 $175,000.00 BALANCE $0.00 $0.00 Fund(s): Seawall System CIP Fund Comments: This contract is recommended to be approved for the entire contract amount of $168,312.00 for Task 1: Review of Revised FIS; Task 2: Wave Analyses and Technical Documentation; Task 3: Technical Appeal, and Additive Options with TAMU -CC and NAS dependent on their participation. Only tasks 1, 2 and 3 are authorized at this time. Authorization for additive options with TAMU -CC and NAS is pending future Interlocal agreement. This project may have substantial cost savings to downtown property owners if the downtown area is mapped as a Zone X in lieu of Zone AE or AO. In addition, even if the area is still mapped initially as an AE or AO, any reduction in the FEMA proposed storm surge elevation would result in substantial savings to the City in any future seawall elevation improvements. RECOMMENDATION: City Staff recommend the approval of a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project. LIST OF SUPPORTING DOCUMENTS: Location Map C:AProgram Files \Granicus \Legistar5\ Packet \965_ City Comm" _7_24_2012 \0006_1_Memo - FEMA1 .docx \Mproject \councilexhibits \exhE12070.d wg RIVER .NUECES BAy CC v 7/ s CORPUS CHRISTI BAY W4 44 BEAR PROJECT SITE 3 CC PROJECT #E12070 s A'4 064 NAS F.M. 43 q Cu P FM 2444 Elsa Cr pp LOCATION MAP NOT TO SCALE LAGUNA .7t4AD E %r WHITECAP SEA PINES �o G2IL� oI MEXICO Preliminary FEMA Bayfront FIRM Assessment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance amending the FY 2012 Capital Improvement Plan adopted by Ordinance No. 029135 to add the Preliminary FEMA Bayfront FIRM Assessment Project No. E12070; increasing revenues and expenditures in the amount of $175,000 each; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital Improvement Plan adopted by Ordinance No. 029135 is amended to add the Preliminary FEMA Bayfront FIRM Assessment Project No. E12070. Section 2. The FY Capital Improvement Plan is changed to increase revenues and expenditures by $175,000 each. 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 July, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0006_3_Ordinance No. 1 - Preliminary FEMA Bayfront FIRM Assessment 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 0006_3_Ordinance No. 1 - Preliminary FEMA Bayfront FIRM Assessment AGENDA MEMORANDUM for the City Council Meeting of July 24, 2010 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 July 20, 2012 Ronald L. Olson, City Manager Approval of Professional Services Contract for Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment CAPTION: Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and declaring an emergency. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing revenues and expenditures in the amount of $175,000 each; and declaring an emergency. Motion authorizing the City Manager, or designee, to execute a Professional Services Contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project. PURPOSE: To award the professional services contract for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment. BACKGROUND AND FINDINGS: 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, 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 methodologies of storm surge analysis and wave run -up along coastal structures and levee systems have changed. C:AProgram Files \Granicus \Legistar5\ Packet \965 City Comm" 7242012 \00071Memo - FEMA1 .docx The current effective flood maps in Nueces County show the Corpus Christi Flood Protection System 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. To be recognized and annotated on the updated Fl RM's to provide flood protection under the current remapping effort; the elevation of the existing flood protection system (including the seawall and other coastal structures) may need to be increased to accommodate FEMA proposed increase in storm surge elevation and wave run -up. Providing an independent engineering assessment of storm surge analysis and wave run -up may provide the basis for the City to engage FEMA's revision consideration of the expected FIRM's subject to public review in the upcoming months. ALTERNATIVES: 1. Award Contract to HDR Engineering, Inc. as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: The following alternatives were considered: 1. Do nothing and accept FEMA's proposed storm surge analysis as proposed in FEMA's updated FIRM's. The seawall structure system in its current condition does not meet FEMA's proposed revised elevation requirements to provide flood protection against the 100 -year storm event and the area behind the flood protection system would be mapped as either an AE or AO zone, and flood insurance would be required for properties with federally backed mortgages. 2. Enter into a consultant agreement to complete an independent assessment of storm surge analysis along Corpus Christi Bay and compare the results to FEMA's storm surge analysis. Pending the results, this independent analysis would give the City the ability to comment to FEMA regarding their wave run -up methodology and results which could then lend itself to a reduction in the FEMA proposed elevations. This contract is anticipated to be approved and recommended for award on July 16, 2012 by the Corpus Christi Business and Job Development Board (Type A). CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Engineering Services C:AProgram Files \Granicus \Legistar5\ Packet \965_ City Comm" _7_24_2012 \0007_1_Memo - FEMA1 .docx 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 $175,000.00 $175,000.00 Encumbered / Expended Amount This item $175,000.00 $175,000.00 BALANCE $0.00 $0.00 Fund(s): Seawall System CIP Fund Comments: This contract is recommended to be approved for the entire contract amount of $168,312.00 for Task 1: Review of Revised FIS; Task 2: Wave Analyses and Technical Documentation; Task 3: Technical Appeal, and Additive Options with TAMU -CC and NAS dependent on their participation. Only tasks 1, 2 and 3 are authorized at this time. Authorization for additive options with TAMU -CC and NAS is pending future Interlocal agreement. This project may have substantial cost savings to downtown property owners if the downtown area is mapped as a Zone X in lieu of Zone AE or AO. In addition, even if the area is still mapped initially as an AE or AO, any reduction in the FEMA proposed storm surge elevation would result in substantial savings to the City in any future seawall elevation improvements. RECOMMENDATION: City Staff recommend the approval of a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project. LIST OF SUPPORTING DOCUMENTS: Location Map C:AProgram Files \Granicus \Legistar5\ Packet \965_ City Comm" _7_24_2012 \0007_1_Memo - FEMA1 .docx \Mproject \councilexhibits \exhE12070.d wg RIVER .NUECES BAy CC v 7/ s CORPUS CHRISTI BAY W4 44 BEAR PROJECT SITE 3 CC PROJECT #E12070 s A'4 064 NAS F.M. 43 q Cu P FM 2444 Elsa Cr pp LOCATION MAP NOT TO SCALE LAGUNA .7t4AD E %r WHITECAP SEA PINES �o G2IL� oI MEXICO Preliminary FEMA Bayfront FIRM Assessment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 N � . AGREEMENT for PROFESSIONAL SERVICES i) 1 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 HDR Engineering Inc. of Corpus Christi, Texas, acting through its duly authorized representative who is Carl Crull, P.E., Vice President, (CONSULTANT), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Preliminary FEMA Bayfront FIRM Assessment (Project No. El 2070) "Project ". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as "Exhibit A ". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $168,312.00 (in figures), (One Hundred Sixty Eight Thousand Three Hundred Twelve and Zero Cents) (in words). 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY ", and it's agents, servants, and employees as more fully set forth in "Exhibit B ". CITY OF CORPUS CHRISTI HDR EN EERI , . Oscar R. Martinez Assistant City Manager RECOMMENDED: (Date) Carl Crull. P.E. (Date) Vice President 555 N. Carancahua, Suite 1650 Corpus Christi TX 78478 361-86-7-2.211 Office 6 9.3�O 361- 857-7Q-34 Fax o 94 -3$s5 Daniel Biles, P. E., (Date) Director of Engineering Services APPROVED AS TO FORM: Office of Mgmt and Budget (Date) Project No. E12070 ,,r0 Funding Source: 5509)4- 3271 - 00000- B12070 Encumbrance No. Legal Department (Date) ENTERED JUN 26 2012 CONTRACT MANAGERS` K:IENGINEERING DATAEXCHANGEICLARISSAJIPUBLIC HEALTH & SAFETY1E12070 - PRELIM FEMA BAYFRONT FIRM ASSESSMENT\HDRIAGREEMENT FOR PROFESSIONAL SERVICES.DOCX ONL COMMNY City of Corpus Christi Attn: Mr. Dan Bil.es, PI, PC).Box 9277 Corpus Christi, '1:X,; 78469 -9277 RE: PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR TECHNICAL APPEAL OF 1'R ':LIIVIINAR \' FLOOD MAPS A LON CORPUS CHRISTI 13Ay!1' ONT Dear Mr, Biles, Th,arik you for t e opportunity to submit this proposal to support a technical appeal of the Base rloacl`Elevations (.1:311,5) shown on the preliminary Flood Insurance Rate Maps (1 l ZMs) recently issued 'lot' the City of Corpus Christi by the Federal Emergency= lv anagern.eni Agency= (1'E.MA;). Carr understanding is that the City desires application of a more rigorous wave analysis that offers pot titia1 to reduce conservatism in the.BITEs calculated by 1 EMA, This effort is desired for three silts: (l) the downtown bayfront along Shoreline Drive, (2) Texas A&M University Coa.-l)us Christi (Ti'MI.I -CC), and (3) Naval Air Station (NAS) Corpus Christi. Our local team of *Ishii engineers haas prior wave modeling experience at all three of these sites. In addition, we have performed' waye modeling on previous projects involving revision and/or reassessment of t lR3vjs, and have experienc€;:with FEWIA's 'ippcal procedures. 1'lcasc note that this assessment will not include review ~;- oi' F ENIA's stomata stu ge modeling and the associated cti.11watet• (ievrttion coinpont.nt of the 131' =' t;s; only the wave analysis component will be included. Our proposed scope is outlined below. SCOPE OF SERVICES Tiisk 1; Review of Re ised I :IS 1IOR will perform a technical review of FEMA's preliminary Flood Insurance Study (1'IS) and aceorfpany ing Technical Support _Data Notebook that se vie as the basis for the revised El-Ms. ,Sptai.ltcall:y,: L v1A'S: e aloul€ation of wave heights, runtil , and overtopping at each of the three, site will be assessed for potential application of improved scientific Rtndfor technical methods and assumptions. Opportunities for reducing conservatism in ware contributions to the l"3F1 s that may ha ve resulted li0111 simplifying assumptions, limited boundary condition dat <a, coarse model resolution, older calculation methodologies, and other aspects of the HS will be considered. Results of the review will be provided to the City in a brief memorandum along with reconuntendations for proceeding to a more rigorous weave analysis that may help reduce the BFEs: This task inludes a meeting with the, City to discuss results of the review, 1:-IDR. document key information exchanged during the meeting and issue meeting notes. MUlifnilio; actin g.I c. Taxesfin9isir rads,,pmeting dint i-75 EXHIBIT "A" Page 1 of 4 Mr. Dan Biles. P.E. City of Corpus Christi June 18, 2012 Page 2 of 4 P74318 Task 2: Wave Analyses and Technical Documentation Based on the recommendations developed under Task 1 and subsequent coordination with the City, HDR will develop a two- dimensional spectral wave model and perform associated wave analyses for each site. The model will be developed with FEMA- approved software, likely MIKE21. The focus of the wave modeling will be to reduce conservatism in the BFEs for each site. The 100 -yr stillwater elevations provided by FEMA will be applied as the stillwater elevation for each model case. To help .increase model accuracy, surveying will be.performed at each site to provide updated bathymetry (as well as improved bathymetric . resolution) and confident correlation of elevation datums between topographic and bathymetric features. Model output will be applied for wave runup /overtopping calculations, where applicable, and associated calculation of BFEs. In the event that calculation methods don't follow FEMA's standard guidelines, justification will be provided based on scientific and/or technical improvements . resulting from the alternative methods. Results of the wave analyses will be applied . to develop revised flood profiles and annotated FIRMs. Documentation will be provided to the City in a technical report suitable for submitting to FEMA as a technical appeal, with digital' files included as appendices. Prior to finalizing the technical documentation, results of the analyses will be reviewed with City staff during a progress meeting to be held at the City: Following the meeting, HDR will prepare and distribute meeting notes and finalize the report. Task 3: Technical Appeal The final technical report and annotated FIRMs prepared under Task 2 will be submitted to FEMA by the City (or by HDR as an authorized representative of the City) as an appeal to the preliminary FIRMs. HDR will assist the City in coordinating with FEMA during the appeal resolution phase including participation. in meetings at the City, teleconferences with FEMA, providing written responses to questions and comments, and providing requested supplemental information and backup data. Because the timeframe for FEMA to make a final decision on the appeal will be dependent on the level of complexity of the appeal, as well as FEMA's overall workload, HDR estimates the appeal resolution process could take anywhere from two to twelve month's. HDR's proposed scope is based on up to three months of support for appeal resolution, including up to three teleconferences with FEMA and responding to up to three requests for additional information. HDR Engineering, Inc. Texas Registered Engineering Firm F.754 EXHIBIT "A" Page 2 of 4 Mr. Dan Biles, P.E. City of Corpus Christi June 18, 2012 Page 3 of 4 P74318 ASSUMPTIONS AND LIMITATIONS • The current (preliminary) FIRMs in full- scale /resolution digital format, FIS report, Technical Support Data Notebook, wave analysis digital 'files (CHAMP, WHAFIS, and ACES), and associated technical data prepared by FEMA will be provided to HDR by the City. Any supplemental data or information needed by HDR will be obtained from FEMA by the City. • This assessment will be limited to the following areas: 1. Downtown Bayfront — portion of Corpus Christi Bay along Shoreline Drive between Buford Street and the Art Museum; 2. TAMU -CC — portion of Corpus Christi Bay adjacent to Ward Island; 3. NAS — portion of Corpus Christi Bay and Laguna Madre (the "Boat Hole" area) adjacent to NAS. HDR has . not included wave analyses in Oso Bay (adjacent to TAMU -CC and NAS) in this . scope. • All three, sites will be included in the same appeal. A stand-alone technical memorandum will not be provided for each site. • Review and/or technical appeal of the 100 -yr storm surge elevations (i.e., the "stillwater elevations ") and associated surge modeling methodology will not be included. This review will be limited to the wave modeling/analysis component of the proposed BFEs. • HDR has assumed bathymetry from recent surveys performed at McGee Beach and TAMU -CC by the Conrad Blucher Institute for Surveying and Science (under contract with the Texas General Land Office) will be provided to HDR for developing the wave models. If these data are not available, additional surveying and associated feemay be required. Also, we have assumed the City will assist with any needed coordinated with NAS on security issues related to site access. • HDR has included an allowance for supporting the City during FEMA's appeal resolution. phase. Please note that the outcome of the appeal resolution process will be greatly dependent on the availability and responsiveness of FEMA and their third -party mapping partners: The City and HDR agree that the schedule and outcome of the appeal process are outside of HDR's control and that the appeal may not be granted. The City agrees to pay HDR for all applicable services regardless of schedule or outcome. In addition, should the appeal resolution process last longer than three months, additional fee will be required, • No travel for meetings outside of Corpus Christi is included. HDR has assumed all meetings with FEMA will be held via conference call. HEIR Engineering, Inc. Texas Registered Engineering Firm F454 EXHIBIT "A" Page 3 of 4 vfr L)an 13jI .1'.f:, C 4- nt'C orpus Christi ot'. P7.1.3.111 PROPOSED FEE AND REQUESTED ACTION 7 latink yon again for the opportunity to submit this proposal. We propose to provide the Scope of Se view described above on 4 lump sum basis in accordance with Table 1, "Summary of scope au l Dees." The fee is structured NVith the cE(o.rt: 1or the downtown bas =front shown as the base. worts and 'Tj'dvlil =CC and "NAS- broken out as additive options; 11 additional services become. necessary, we Will acquire aiatltt rization ;bona the City and bill. for these services at an ngreed..to l "ialale 1s St1W.miti. !•ot'Proposecl`8ropc and Fee Serb c l teni Task 1. Review of Revised PIS 'fask. 1 Wave Analyses and ':17cchnical Documentation 1,a* a Technical Appeal SUBTC)`1'AI,, (DOWNTOWN 13A 'FI ()N'1'): Fie Additive Option ('l ANAL' -CC): Additive Option (NAS): $13,413 $71',404 $14295 $99;1.12 $30.800 TOTAL: $38,4100 $168;31.2 We look forward to your approval of the above scope and lees and development of the appropriate paperwork fora contract. 'Cluanik you :a1 iain, :and please. call anytime to discuss this protect. in more detail.. Sineere:ly, l i1:)R ENCi1NEERINO. INC. Daniel .1, Heilman, P... Project MMTanager 11:0;/1"di Carl Chill, Vice President Cc : Nattaslaa fudge, P.1.,Progranm Manager, City of Corpus Christi I)J1Tilicn1 HUU Errgintsnritn, lair. Toio SAritti53h[t)d Er, €iiiittering firm F-7114 EXHIBIT "A" Page 4 of 4 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 EXHIBIT "B" Page 1 of 3 K:1Engineering DateExchangelClarissaJlPublic Health & Safety1E12070 - Prelim FEMA Bayfront FIRM Assessment\HDRlExhibit B - Insurance and lndemnification.docx b 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 less 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 Tess than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Pa. e 2 of 3 K:1Engineering DataExchangalClarissaTiPublic Health & Safety1E12070 - Prelim FSMA Bayfro"t FIRM Assessmen1YHDRIExhibit B - Insurance and Indemnificalion.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, 11 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. EXHIBIT "B" Page 3 of 3 KAEngineering DataExchangelClarissaJ\Public Health & SafetylE12070 - Prelim FEMA Bayfrant FIRM Assessment \HDR \Exhibit 13 - Insurance and Indemnification.docx wtir City of � us SUPPLIER NUMBER TO BE ASSIGNED BY'arr- PURCHASING DIVISION Exhibit C CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 1.71 12, 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: HDR Engineering, Inc P.O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1650 CITY Corpus Christi, TX ZIP: 78401 - FIRM IS: 1. Corporation ® 2. Partnership a 3. Sole Owner ❑ 4, Association 5. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. i. 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) NIA 2. State the names of each "official" or the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 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 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 EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS lfa person who requests official action on a matter knos that the requested action will confer an economic benefit on arty City ol' w Iicial or employee that is distinguishable from the effect that the action will have on members of the public, iii general or a substantial segment thereof. you shall disclose thin ['net in a signed writing to the City official. ettiplo>ee oi' body that has been requested to act in the muttei. unless the interest of the City oil tend or employee in the matter is apparent. The disclosure shall also he made in a signed writing filed with the C'it) Secretor). [Ethics ()rdinance Section 2 -349 0)1 Clat'I'IFICATI(lN I certify that all information provided is trite and correct as oI'the daie of this statement. that 1 have not knowingly withheld disclosure of an inhumation requested: and Clint supplemental statements will be promptly-submitted to the City ol'Corpus Christi, 'Texas as changes occur. Certifying Person: Carl E. Crall Pfeil or NriuI) Signature of Certifying Person: Title: Vice President DEFINITIONS Date: td,7i a, " 13oard member.- A ntentber of nn.+ board. commission. or committee appointed by the City Council pithy City ol'Corpus Christi. Texas, h. -Economic benefit ". :1n action that is Iikel■ 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 persint employed by the Ch) or Corpus Christi. Texas either on a bill or part- time basis. but not as an independent contractor. d. " Finn." Any entity operated I'm 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 forth of stile proprietorship, as sell -employed person. partnership, corporation, ,joint stock company. joint venture. receivership or trust. and entities which Iitr purposes of taxation are treated as non - profit organizations. c. "Official.- The Mayor. members of the City Council. City 'tanager. 1)epnty City Manager. Assistant City Managers, Department and Division I-leads. 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 tirni. including w, hen such interest is held through an agent. truss. 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 firth, such as engineers and architects. hired b) the City oI' Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 Basic Services: Task 1. Review of FIS Task 2. Wave Analyses and Technical Documentation Task 3. Technical Appeal Subtotal Basic Services Additional Services: Additive Option (TAMU-CC) Additive Option (NAS) Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees r -- PRELIMINARY FEMA BAYFRONT FIRM ASSESSMENT Project No. E12070 Invoice No. 12345 Invoice Date: Total Amount Previous Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Total Invoice Percent Complete $13,413 $0 $0 $13,413 $0 $0 $0 0% 71,404 0 0 71,404 0 0 0 0% 0 0 0 0 0 0 0 n/a 14,295 0 0 14,295 0 0 0 n/a 0% 0 0 0 0 0 0 0 $99,112 $0 $0 $99,112 $0 $0 $0 0% $30,800 $0 $0 $30,800 $0 $0 $0 0% 38,400 0 0 38,400 0 0 0 0% $69,200 $0 $0 $69,200 $0 $0 $0 0% $99,112 $0 $0 $99,112 $0 $0 $0 0% 69,200 0 0 69,200 0 0 0 0% $168,312 $0 $0 $168,312 $0 $0 $0 0% AGENDA MEMORANDUM Future Item /First Reading for the City Council Meeting of July 17, 2012 Action Item /Second Reading for the City Council Meeting of July 24, 2012 DATE: 6/29/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3464 Corpus Christi Beach Renaming to North Beach CAPTION: Ordinance to rename certain areas in the City of Corpus Christi as "North Beach ". BACKGROUND AND FINDINGS: The area currently known as Corpus Christi Beach, was originally known as North Beach and was annexed into the City of Corpus Christi in 1935. In 1959, the City Council passed a resolution to set aside and dedicate this area as Corpus Christi Beach. The renaming was discussed at the Corpus Christi Beach Task Force and this request for renaming has been generated by the Chairman of the Task Force, due to the consensus opinion of the Comm ittee. The renaming of Corpus Christi Beach to North Beach was discussed at the June, 2012 meeting of the Watershore and Beach Advisory Committee. The Committee recommended the proposal to rename the beach to North Beach. The City of Corpus Christi entered into a surface lease agreement with the Texas General Land Office for the actual beach area at Corpus Christi Beach in August of 1984. In review of the lease, the GLO has no restrictions or limitations on naming of the beach. The GLO has been contacted and has no objection to the renaming. The two largest attractions on Corpus Christi Beach (Texas State Aquarium and the Lexington) have been contacted, as well as the Convention and Visitors Bureau. All strongly support the renaming to North Beach, as they feel it aids them for marketing purposes. ALTERNATIVES: Do not approve the renaming and keep the name as is. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council must authorize the renaming. EMERGENCY / NON-EMERGENCY: Two readings required. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: None Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to rename certain areas in the City of Corpus Christi as "North Beach ". Whereas, on February 25, 1959, by Resolution 5283, the Corpus Christi City Council designated area of the City of Corpus Christi, lying north of the Ship Channel of the Port of Corpus Christi, Texas and encompassing all of Brooklyn Addition and the Beach Hotel Addition, as "Corpus Christi Beach "; Whereas, Resolution 5283 acknowledged that said area had previously for a long time been known as "North Beach "; Whereas, the City has received recent requests from tourist attractions in the area to rename the general area as "North Beach "; Whereas, the Watershore and Beach Advisory Committee has considered the name change and recommends its approval of the name change; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council does hereby waive the Ordinances or Resolutions applicable to the naming of areas or facilities of the City. Section 2. That Resolution 5283 is repealed. Section 3. That the portions of the City of Corpus Christi, Texas, ( "City "), lying north of the Ship Channel which are identified on the attached Exhibit as Brooklyn Addition, Corpus Beach Hotel Addition, Porto Bello Subd., North Beach Park Subd., Lady Lex Subd., Tx State Aquarium Subd., Navigation Reserve, Beach Place Condo, The Breakers Condo, Las Brisas Condo, and Villa Del Sol Condo, be and the same are hereby officially known and designated as "North Beach ". Section 4. That the beach area formerly referred to as Corpus Christi Beach, as described by metes and bounds in the State of Texas Lease No. CL 84 -004, is renamed as North Beach. Section 5. This Ordinance takes effect on date of final City Council approval. 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 Legend Villa Del Sol Condo Las Brisas Condo The Breakers Condo Beach Place Condo Navigation Reserve Tx State Aquarium Subd. Lady Lex Subd. North Beach Park Subd. Porto Bello Subd. Corpus Beach Hotel Addition Brooklyn Addition North Beach NU 1 r SHIP CHANNEL ■ vr 1\\ 0 r • AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: 7/2/2012 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddieO(ccctexas. com 361- 826 -3234 FROM: Rudy Bentancourt, Interim CD Administrator RudyB @cctexas.com 361- 826 -3021 Public Hearing regarding "Substantial Amendments" to CAAP: FY2005 and FY2010 for AVANCE and Motion to amend the project which will include a change of scope and change of location. CAPTION: Public hearing to consider a motion regarding an amendment to the 2005 and 2010 Consolidated Annual Action Plans (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to change the location and scope of work for a FY05 and FY10 Community Development Block Grant project for AVANCE; and to authorize the City Manager or designee, following the conclusion of the public comment period required by HUD, to amend the FY05 and FY10 CAAP, by changing the location and scope of work for a Community Development Block Grant project for AVANCE; and to execute all necessary documents with HUD and the CAAP grantee as may be required to complete the project. BACKGROUND AND FINDINGS: AVANCE, Inc. received CDBG funding in FY2005 in the amount of $100,000 and in FY2010 in the amount of $175,828. On October 25, 2011, City Council approved a change of scope and location to include the new construction of a building to be located at 601 12th Street in Corpus Christi. AVANCE, Inc. is requesting, for the completion of the project, a change in scope and location which will include the rehabilitation of the current facilities located at 1509 Tarlton Drive, Corpus Christi, Texas 78415. The project will be for a rehabilitated Education Learning Center which will provide low- income and at -risk parents and their children, ages birth to 3 years, the life- skills needed to change their lives and strengthen their family bonds. Another program offered will consist of a prenatal program for low- income and at -risk pregnant women to promote positive behaviors, create a supportive environment, assist in the overcoming of barriers to child care and to facilitate the use of the health care system. All program services are free to its participants. Rehabilitation to the existing facilities will include but are not limited to foundation repairs, new exterior wall finish on existing wall, wall siding, new flooring, new roof on one of the buildings, ADA compliant, new ceiling tiles, new porch cover /ramps, electrical improvements as needed, and painting of interior walls. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval to amend CAAP is required for the completion of the project. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget 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 $275,828 N/A $275,828 BALANCE $275,282 N/A $275,828 Fund(s): Comments: Proposed project amendments have already gone to City Council for approval and appropriation of funds. RECOMMENDATION: Staff recommends the approval of this agenda item LIST OF SUPPORTING DOCUMENTS: N/A Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager ORIGINAL SEVENTH AMENDMENT TO THE FY2005 -2006 CDBG SUBRECIPIENT AGREEMENT and FIRST AMENDMENT TO THE FY2010 -2011 CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND AVANCE, INC. This seventh amendment ( "FY05 -06 Seventh Amendment ") and first amendment ( "FY10 -11 First Amendment) is made by and between the City of Corpus Christi ( "City ") and Avance, Inc. ( "Subrecipient"). WHEREAS, the City and the Subrecipient executed an agreement ( "FY05 -06 Agreement ") awarding One Hundred Thousand- Dollars ($100,000) from - the- FY2005- 2006 Community Development Block Grant ( "05 -06 ")( "CDBG") Program, approved by the City Council on September 13, 2005 (M2005 -313); related subsequent amendments were executed in 2006 ( "FY05 -06 First Amendment), 2007 ( "FY05 -06 Second Amendment" and "FY05 -06 Third Amendment "), 2008 ( "FY05 -06 Fourth Amendment" and "FY05 -06 Fifth Amendment "), and 2011 ( "FY05 -06 61" Amendment ") (referred to herein collectively as "FY05 -06 Amendments "); WHEREAS, the Subrecipient's project scope, location, term and compliance dates set out in the initial FY05 -06 Agreement changed over time; WHEREAS, the parties mutually sought and ratified the FY05 -06 Agreement and all FY05 -06 Amendments and continued the FY05 -06 Agreement, as modified by the FY05 -06 Amendments, in full force and in effect for all intents and purposes, and therein revised the project scope to that of new construction of a building to be located at 601 12th Street in Corpus Christi, Texas, revised the completion of construction date to August 31, 2012 and revised the term of the FY05 -06 Agreement to October 31,2012. WHEREAS, the Subrecipient sought additional CDBG funding in order to complete the project; WHEREAS, the City and the Subrecipient executed an agreement ( "FY10 -11 Agreement ") awarding additional CDBG funding in FY2010- 2011( "10 -11 ") in the amount of One Hundred Seventy- Five Thousand Eight Hundred Twenty -Eight Dollars ($175,828), approved by the City Council on October 25,2011 (Res029262); WHEREAS, the scope of work to be completed by the Subrecipient under the FY05 -06 Agreement and subsequent FY05 -06 Amendments, and under the FY10 -11 Agreement included the construction of a new facility located at 601 12th Street, Corpus Christi, Texas; WHEREAS, the Subrecipient has determined that it will be more cost effective to rehabilitate the current facilities located at 1509 Tarlton Drive, Corpus Christi, Texas; WHEREAS, the parties desire to execute this Seventh Amendment to the FY05 -06 Agreement and this First Amendment to the FY10 -11 Agreement to amend the scope and location of the project. Section 1. Section 1, subsection 1.1, of the FY05 -06 Agreement and FY10 -11 Agreement are deleted and replaced with the following language: "1.1 Scope of Work. Subrecipient, through its contractors and subcontractors, shall rehabilitate an existing Facility by August 31, 2012, to be utilized by low and moderate income individuals and families, on real property owned by the Subre- cipient at 1509 Tarlton Drive, in the city of Corpus Christi ( "Improvements "). For the purposes of this Agreement, the term "Facility" or "Facilities" collectively includes the above - mentioned real property and any improvements located thereon as of the date of the Subrecipient's execution of this Agreement and includes, where appropriate and in context, the proposed Improvements to be constructed with the funding provided under this Agreement. All Improvements must be constructed in accordance with the plans and specifications ( "Plans ") prepared by the Subrecipient's registered architect or licensed professional engineer retained pursuant to subsection 7.3. No construction nor rehabilitation may commence until the Plans are approved by the Administrator r or-the Administrator's designee ( "Administrator ") of the City's Community Development Division ( "CDD ") and by the City's Development Services Department ( "Development Services ")." Section 3. By execution of this 05 -06 Seventh Amendment and 10 -11 First Amendment, the parties agree to amend the scope and location stated in the respective Agreement. All terms and conditions of the 05 -06 Agreement not changed by the 05 -06 First Amendment, 05 -06 Second Amendment, 05 -06 Third Amendment, 05 -06 Fourth Amendment, 05 -06 Fifth Amendment, 05 -06 Sixth Amendment and this 05 -06 Seventh Amendment remain the same and in full force and effect; additionally, all terms and conditions of the 10 -11 Agreement not changed by this 10 -11 First Amendment, remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) Avance FY05 7th Amend & FY 10 1st Amend 20120705 E EC TED IN DUPLICATE, each of which is considered an original, on this the 5 day of u-� , 2012. CITY OF CORPUS CHRISTI Eddie Ortega, Director r' Neighborhood Services as designee of Ronald L. Olson, City Manger r APPROVED AS TO FORM: / 012 eborah Walther Bro Assistant City Attor for the City Attorney STATE OF TEXAS VANCE By: Printed Name:I) Titl US CHRISTI C APTER D COUNTY OF NUECES `.� _bec VE b ACM& ACKNOWLEDGMENT § K i L BY THESE PRESENTS: T its instrument was acknowledged before m _ �- y , �� ��, y kEil. bPr b S as �, I L!2 iG C D title) of the Corpus Christi chapter of Avance, Inc., a Texas nonprofit corporation, on behalf of the corpora'on. sry�• PATRICIA B. FLORES $ary Pudic, State of Texas My Commission Expires March 19, 2016 Avance FY05 7th Amend & FY10 1st Amend 20120705 • OicrLUC),10:61— Notary Public, State of Texas AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: July 18, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, Director of Planning and Environmental Services PeteAn @cctexas.com 361.826 -3781 Public Hearing for the Proposed Bond Issue 2012 Staff Presenter(S): Name 1. Oscar Martinez Title /Position Department ACM,Public Works and Utilities Caption: Public Hearing for the Proposed Bond Issue 2012 Background : Funding for general obligation bonds for capital needs such as streets, public facilities, park and other projects will require issuance of voter - approved bonds. In formulating a recommended Bond 2012 program, staff has compiled a list of projects consistent with council directive and prioritized needs. City Council will use the recommended list as a basis to finalize a Bond 2012 package to be presented to the citizens in a November 6, 2012 Bond Election. This item will allow public comment on the proposed bond issue projects and packaging for the November 6, 2012 Bond Election. Preliminary Propositions: • Proposition No. 1: $ 55 million — Recommended Projects - No Net Increase in Tax Rates Streets: $ 45 Million • Public Facility Improvements: $ 5 Million • Parks and Recreation Projects: $ 5 Million Staff is recommending Proposition No. 1 only (No net tax rate increase imposed) Additional Project Considerations: (Will impose tax rate increases) • Proposition No. 2: $ 5.35 million — Public Facility Impts.: $ 5.35 Million • Proposition No. 3: $ 11 million — Parks & Rec. Projects: $ 11 Million • Proposition No. 4: $ 9.050 million — Economic Dev. Projects: $ 9.050 Million • Proposition No. 5: $ 60 million — Destination Bayfront: Planning Commission Recommedation: $ 60 Million After the Public Hearing on July 11, 2012 the Planning Commission recommended that of the $ 55 million which is available for Capital Improvements for Bond 2012 with no tax rate increase that $ 52.5 million be allocated for street and associated utility improvements and that $ 2.5 million be allocated for public facilities. The Commission's recommendation includes a stipulation that the proposed portions of Holly Road and Williams Drive be included in the $ 52.5 million allocation because these two projects will receive 80% Tx DOT funding for street improvements. In addition the Commission recommended that Navigation Blvd. and Tuloso Road not be included in the allocation and instead the surrounding industries shall participate in funding these street improvements. (If Council so directs, staff will strive to achieve participation by the surrounding industries in the renewal of respective Industrial District Agreements scheduled in 2013). List of Supporting Documents: Agenda Memorandum Bond 2012 PowerPoint Overview City of Corpus Christi Bond 2012 Program Election Date November 6, 2012 City Council Presentation July 24, 2012 • July 24, 2012 • July 31, 2012 Remaining Schedule City Council Public Hearing on Bond Program City Council to Approve Bond Program Ballot Language • August 14, 2012 City Council to Approve Ordinance Calling the Election • November 6, 2012 Election Date Bond 2012 Planning Commission Recommendation • Public Hearing on July 11, 2012 • $ 55 million — $ 52.5 million be allocated for street and associated utility improvements and — $ 2.5 million be allocated for public facilities. • The Commission stipulated that the proposed portions of Holly Road and Williams Drive be included in the $ 52.5 million allocation. • The Commission stipulated that Navigation Boulevard, Tuloso Road and (Clarkwood Road) not be included in the allocation. Revised Staff Recommendation • City Council Meeting on July 17, 2012 • Proposition No. 1 : Recommended Projects $55 Million Total • $ 45 million allocated for Street Improvements • $ 5 million allocated for Public Facility Improvements • $ 5 million allocated for Parks and Recreation Improvements Additional Propositions • Proposition No. 2 : Public Facilities $ 5.35 Million • Proposition No. 3 : Parks and Recreation $ 11 Million • Proposition No. 4 : Economic Development Projects $ 9.05 Million • Proposition No. 5 : Destination Bayfront $ 60 Million Proposition No. 1: Recommended Projects 1 South Alameda Street 2 Greenwood Drive 3 Ocean Drive 4 5 South Staples Street South Staples Street 6 McArdle Road 7 McArdle Road Ayers Street Gollihar Road Buford Street Brawner Parkway Morgan Avenue Nile Drive Whitaker Drive Louisiana Avenue Horne Road Louisiana Avenue Kostoryz Road IH37 Ennis Joslin Road Nile Drive $2,300 $2,100 $5,500 $3,400 $5,300 $3,100 $2,900 $2,800 $1,700 $2,700 $2,700 $4,100 $2,400 $2,300 $5,100 $3,800 $8,200 $6,100 $9,400 $5,500 $5,200 Street Segmen 8 Kostoryz Road 9 Horne Road 10 Morgan Avenue 11 Twigg Street 12 Leopard Street Proposition No. 1: Recommended Projects Brawner Parkway Ayers Street South Staples Street Shoreline Boulevard Crosstown Expressway South Staples Street Port Avenue Crosstown Expressway Lower Broadway Drive Palm Drive SCos $3,300 $900 $2,300 $1,400 $2,600 $2,600 $700 $1,800 $1,100 $2,000 $5,900 $1,600 $4,100 $2,500 $4,600 Proposition No. 1: Recommended Projects 13 14 15 16 Holly Road (MPO funded FY 16) Williams Drive (MPO funded FY 14) ADA Master Plan Improvements Signal & Street Lighting Improvements 17 TXDOT Participation Crosstown Greenwood Expressway Drive South Staples Airline Road Street city-wide city-wide city-wide Subtotal Street Improvements $2,500 $1,700 $2,300 $2,000 $1,400 $45,000 $4,500 $1,000 $0 $7,000 $2,700 $2,300 $0 $2,000 $0 $1,400 $32,400 $77,400 Project Desc up on Proposition No. 1: Recommended Projects 18 City Hall/MIS Data Center - Fire General Services Suppression & Alarm Upgrades $550 $0 $550 19 Signs/Signal Operations — New Shop and Engineering $2,500 $0 $2,500 Office Facility 20 Animal Control Remodel/Improvements Police $1,150 $0 $1,150 21 Fleet Maintenance Heavy Equipment General Services $350 $0 $350 Shop Roof 22 Streets & Solid Waste Storage Building Solid Waste $450 $0 $450 Structure with Slab (New Facility) Subtotal Public Facility Improvements $5,000 $0 $5,000 Proposition No. 1: Recommended Projects Project Description 23 Community Park Development and Improvements Parks & Recreation $5,000 $0 $5,00 Subtotal Parks and Recreation Improvements $5,000 $0 $5,000 TOTAL PROPOSITION NO. 1 (Recommended Projects) $55,000 $32,400 $87,400 24 25 26 Museum Roof Replacement 27 Central Library Roof Replacement 28 29 30 Health Department Building Parking Lot 31 Vehicle Impound Yard & Garage - Phase 2 32 Proposition No. 2: Public Facilities Project Streets & Solid Waste administration Building - Roof Replacement City Hall Roof Repair & Waterproofing Repairs (Exterior) Northwest & Garcia Library Roof Replacement Health Department East Rear Restroom Repair/WIC Building Roof Facilities ADA Improvements: South Texas Art Museum, Barge Dock Parking Lot Solid Waste General Services Museum Library Library Health Health Police Museum Total Proposition No. 2 (Public Facilities Improvements): $300 $1,200 $1,600 $255 $80 $215 $600 $700 $400 $5,350 Proposition No. 3: Park and Recreation 0 0 0 0 0 0 0 0 Ln Lr 0 0 ri m m m. Parks & Recreation Hike & Bike Trail Development M M Parks & Recreation mprovements Parks & Recreation Tennis Center Repairs & Upgrades (HEB /AI Kruse) LA M Parks & Recreation mprovements Ocean Drive Parks M 0 0 0 mprovements) Total Proposition No. 3 (Parks and Recreation Proposition No. 4: Economic Development Projects 37 SeaTown Pedestrian Improvements 38 North Beach Area Rd Improvements & Area Beautification 39 JFK Area Improvements TBD None Contrubution $0 $0 None $0 $650 CC Beach Breakwater, Plaza, North Lexington & 40 Aquarium(10 $250 $1,000 $750 $1,750 Shoreline Repair & Enhancement %ea match) 41 Developer Participation TBD TBD $3,000 $0 $3,000 Nueces Cty 42 CR 52 Extension (CR 69 -FM 1889) (50% Street $2,500 $2,500 $1,300 $3,800 and Storm) 43 International Blvd. CCIA ($250) $250 $800 $700 $1,500 $500 $600 $140 $500 $630 $640 $1,100 $1,280 Total Proposition No. 4 (Economic Development Projects) $9,050 $4,020 $13,070 Proposition No. 5: Destination Bayfront Projec D sc on Po en la Con buto 44 Destination Bayfront Private Donors (TBD) Expected Contribution Esate 4 TBD $60,000 $0 $60,000 Total Proposition No. 5 (Destination Bayfront): $60,000 QUESTIONS City Council Presentation July 24, 2012 Bond 2012 Recommended Street Projects --------------------------------------------------------------- i ki - j13. Twirjg Street; 7. South Staples Street! i4. Ocean Drive 117. Ayers Street _ 2. South Alameda Street' 6. South Staples Street) 123. N. Carmel Parkway', 24, S. Carmel Parkway'; 9. McArdle Road Navigation Boulevard'. - X12, Morgan Avenue 7-7 115 Glarkwood Road( -5. Tulosa Road' 18. Airport. Road 13. Greenwood Drive H. Holly Road 22. Everhart Roadi 25. Ayers Street;: W. Williams Drive z 8. McArdle Road 20, Airline R 19. Aldine Road) 21. Waldron Road! 16. Laguna Sho LAND€DATE STREETS t. NAVIGADON BOULEVARD -UP RIVER ROAD TO LEOPARD STREET 2 SOUTH ALAMEDA STREET-AYERS STREET TO LOUISIANA AVENUE 3. GREENWOOD DRIVE-GOLL.IHAR ROAD TO HORNE ROAD 4. OCEAN DRIVE-BUFORD STREET TO LOUl51ANA AVENUE S. TULOSo ROAD -1H 37 TO LEOPARD STREET 6. SOUTH STAPLES STREETERAWNER PARKWAY TO KOSTORYZ ROAD 7. SOUTH STAPLES STREET -MORGAN AVENUE TO IH 37 6. MCARDLE ROAD -NILE DRIVE: TO ENNIS JOSLIN ROAD 9. MCARDLE ROAD-WHITAKER DRIVE TO NILE DRIVE ID. KOSTORYZ ROAD-BRAWNER PARKWAY TO STAPLES STREET 11. HORNE ROAD -AVERS STREET TO PORT AVENUE 12. MORGAN AVENUE -STAPLES STREET TO CROSSTOWN FREEWAY 13. TWIGG STREET.SHORELINE BOULEVARD TO LOWER BROADWAY 14. LEOPARD ROAD -CROSSTOWN FREEWAY TO PALM ©RIVE 15. CLARKW00D ROAD -UP RIVER ROAD TO LEOPARD STREET H HOLLY ROAD (IVP© FUNDED FY 161 CROSSTOWN FREEWAY TO GREENWOOD W WILLIAM'S DRIVE (MPO FUNDED FY 14) -STAPLES STREET 7O AiRLtNE ROAD 16. LAGUNA SNORES-MEOETERRANEAN TO DE AT WYNDALE 17. AYERS STREET-ALAMEDA STREET' TO OCEAN DRIVE 15. AIRPORT-HORNE ROAD TO MORGAN AVENUE July 2012 '19. AIRLINE. ROAD-WOOLDRIUGE ROAD TO HOLLY ROAD 20. AIRLINE ROAD -HOLLY ROAD TO MCARDLE ROAD 21. WALDRON ROAD -CARIBBEAN DRIVE TO YORKTOWN BOULEVARD 22. EVERHART' ROAD-SPID TO SOUTH ALAMEDA STREET 23. CARMEL PARKWAY NORTH -STAPLES STREET TO CENTER DRIVE 24. CARMEL PARKWAY SOUTH-ALAMEDA STREET TO STAPLES STREET 25. AYERS SIDEWALKS -PORT AVENUE TO SP1D AGENDA MEMORANDUM First Reading for City Council Meeting of July 17, 2012 Second Reading for City Council Meeting of July 24, 2012 DATE: June 29, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya,P.E., Director of Planning & Environmental Services petean @cctexas.com 826 -3781 Approval of FY 2012 -2013 Proposed Capital Budget & Capital Improvement Planning Guide CAPTION: Ordinance approving the Fiscal Year 2012 -2013 Capital Budget and Capital Improvement Planning Guide in the amount of $212,844,400 PURPOSE: Ordinance approving the Fiscal Year 2012 -2013 Capital Budget and Capital Improvement Planning Guide in the amount of $212,844,400 BACKGROUND AND FINDINGS: The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing was held before the Planning Commission on Wednesday, June 20, 2012. The Planning Commission unanimously approved the FY 2012 -2013 Proposed Capital Budget & Capital Improvement Planning Guide. ALTERNATIVES: None, approval of the second reading is scheduled for July 24, 2012. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statues regarding approval of the FY 2012 -2013 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Office of Management and Budget and Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 $0 This item $0 $0 $212,844.400 $212,844,400 BALANCE $0 $0 $212,844.400 $212,844,400 Fund(s): Comments: It will approve the projects and appropriate the funds required to proceed with the Fiscal Year 2012 -2013 Capital Improvement Program. RECOMMENDATION: City staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Exihibit A: Ordinance on FY 2012 -2013 Capital Budget and Capital Improvement Planning Guide Exihibit B: Power Point on FY 2012 -2013 Capital Improvement Program Budget and Planning Guide Ordinance approving the FY 2013 Capital Budget and Capital Improvement Planning Guide in the amount of $212,844,400. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY 2013 Capital Budget and Capital Improvement Planning Guide in the amount of $212,844,400 is hereby approved. A copy of the FY 2013 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. 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 Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor • .• • •• • .• CITY OF CORPUS CHRISTI, TEXAS FY 2012-2013 PROPOSED CAPITAL BUDGET CAPITAL IMPROVEMENT PLANNING GUIDE s Capital Budget Highlights • New for this year, project scopes also reference what, if any, strategic/comprehensive plan to which the project is associated. Information may be located on each individual project page immediately preceding the project description. • Proposed utility rate requests include a 5% increase for residential water (7,000 gals per month) and 0% rate increase for Wastewater and Gas. • For Utility Capital, the "Commercial Paper" program was eliminated and replaced with Revenue Bonds to provide more project structure. • Work continues on the Capital Improvement Program Resolutions approved March 8, 2011 2 Capital Budget Approach •Projects included in the CIP budget are developed using master plans, studies, observation, and staff, council and citizen input. Each department: proposes projects, determines the scope of work to be accomplished, develops estimates and prioritizes their proposals. •Focus on Completion of Bond Projects. • Continue with Broadway Wastewater Treatment Plant work. • Continue pro -active approach for infrastructure replacement. • Focus on Council Directives and Goals. • Securing funding for projects with the least impact on 3 utility rates and taxes. 2013 Funding Sources by Type: $212,844.4 ounts in 000's) Commercial Paper/Revenue Bonds, $127,956.6, 60% Certificates of Obligation, $7,832.0, 4% Operating Transfers/Other, $4,716.9, 2% Bond Issue 2004 Proceeds, $231.1, 0% Bond Issue 2008 Proceeds, $43,560.7, 20% Grant, $10,845.0, 5% Sales Tax Proceeds (4A), $14,039.0, 7% Community Development Block Grants, $356.5, 0% Texas Parks & Wildlife Grant, $2,157.6, 1% Tax Increment Financing District Revenue, $1,149.0, 1% 4 2013 Funding Uses by Program: (Amounts in 000's) Streets, $34,140.6, 16% Public Facilities, $5,631.4, 3% Public Health & Safety, $18,008.1, 9% Parks & Recreation, $12,893.3, 6% Gas, $2,814.8, 1% Storm Water, $39,175.1, 19% 2 2,844.4 Airport, $13,550.0, 6% Wastewater, $58,155.1, 27% Water, $28,476.0, 5 Millions $250 $200 $150 $100 REVENUES BY TYPE (3 Years) $0 FY 2013 Other (TxDOT, TIF#2, Military Rev. Loan, etc.) Certificates of Obligation G. O. Bonds FY 2014 FY 2015 ▪ Grants (FEMA, CDBG, TPW, etc.) Sales Tax Proceeds (4A) ■ Comm. PaperlRev. Bonds 6 PROG EXPENDITU Million (3 Years) $250 --,--- $200 $150 $100 $50 $0 FY 2013 Gas re Public Health & Safety Storm Water FY 2014 - Public Facilities II Parks & Recreation Wastewater FY 2015 • Airport Water Streets 7 Budgeted UtiEity Rates 10 Year Utility Rates by Utility (with 10 Year Cumulative Impact} fansomil ggiticlutowjanowcins* calt20171160.40111til240141400M8*- Itint2022 Average ICL Residential Water Bill Increase (water rate classes on following page) Wastewater Gas 1 50% 3,1.3564%% -.°576:60 -13'81Y° -11:9-Om°4% i 28% 1.9% t8% 1.4% O ,00%1 8.1% 808% 87% 888% 442% O .005'iol 0.00% 0-001V* Z50% 3.1O% 3.,20% 29O% 255% 290% tov79 Note: Rate impacts on the various water rate classes is shown on the following page. 9 10 Year rater Rates by Class (with 10 Year Cumulative Impact) ,k*NWIVVIVtitltnlfplt6 4151W44.ea*..o.- aniglatteataN. *w,:**v•iae,ta-gaw 4,01,, OCOTOV, INSIDE -CITY Residential 2,000 galsimo 3,000 gals/mo 5,000 gals/mo 7,000 gaIsimo COMMUNITY AVG 10,000 gals/mo 15,000 gals/mo 20,000 gals/mo 30,000 gals/mo 50,000 gals/mo Commercial 10,000 gals/mo 25,000 gals/mo 50,000 gals/mo 100,000 gals/mo 500,000 gals/mo Large Volume 15,000,000 gals/mo 25,000,000 gals/mo Average ICL Lv 100,000,000 gals/mo OUTSIDE -CITY Large Volume 15,000,000 gals/mo 25,000,000 gals/mo 100,000,000 gals/mo Wholesale SPMWD 1,000,000 gals/mo STWA 1,000,000 gals/mo NCWCID #4 1,000,000 gals/mo 1.5% 3.8% 5.0%1 6.0% 6.9% 7.5% 8.0% 8.5% -0.1% 0.1% 0.9% 0.0% -1.6% -0.5% -0.2% -0.6% --1„.0/ 00 0/ 2.6% 1.3% 1.4% 0.9% -0.2% -0.1% -0.4% -0.7% 1 4.7% 2.4% 1.7% 1.5% 0.9% 0.2% -0.5% -0.8% -1.0% 5.8% 2.8% 1.9% . 1.4% 0.4% -0.6% -0.8% -1.0% 6.6% 3.2% 2.0% 2,0% 1.9% 0.5% -0.6% -0.8% 1.0% 0.6% -0.6% -0.8% 0.9%- 7.8% 3.7% 2.0% 7.3% 3.5% 2.0% 2.2% 2.3% 2.3% 2.6% 0.7% -0.6% -0.7% -0.8% 8.1% 3.8% 2.0% 2.4% 2,8% 0.8% -0.6% -0.7% -0.8% 8.5% 4.0% 2.0% 2.4% 3.1% 0.9% -0.6% -0.7% -0.7% 5.6% 6.4% 3.1% 1.9% 1.9% 2.0% 0.5% -0.6% -0.7% -0.9% 6.8% 7.5% 3.6% 2.1% 2.2% 2.4% 0.7% -0.6% -0.8% -0.9% 7.1% 7.8% 3.7% 2.1% 2.3% 2.5% 0.7% -0.6% -0.8% -0.9% 7.2% 7.9% 3.7'% 2.1% 2.3% 2.6% 0.7% -0.6% -0.8% -0.9% 7.5% 8.1% 3.8% 2.1% 2.4% 2.7% 0.7% -0.6% -0.8% -0.9% -2.5% 1.2% 0.5% 1.8% 0.8% -1.9% -0.7% -0.3% -1_1% -1.7% -3.3% 2.5% 0.9% 2.3% 1,5% -1.5% -0.8% -0.3% -1.4% -1.8% -4.5% 4.5% 1.6% 3.0% 2.4% -1.0% 3.7% 0.9% 3.6% 2.3% -2.5% 1.2% 0.5% 1.8% 0.8% -1.9% -0.7% -0.3% -1.1% 1.7% -3.3% 2.5% 0.9% 2.3% 1.5% -1.5% -0.8% -0.3% -1.4% -1.8% -4.5% 4.5% 1.6% 3.0% 24% -1.0% 3.7% 0.9% 3.6% 2.3% -4.0% 2.5% 1.7% 7.0% 3.8% -2.6% -0.8% 1.2% -0.1% -2.7% -4.0% 2.5% 1,7% 7.0% 3.8% -2.6% -0.8% 1.2% -0.1% -2.6% -4.9% 5.2% 1.8% 3.3% 2.8% -0.8% -0.8% -0.2% -1.9% -2.1% 10 Remaining Events/Ac ons Tuesday, July 24, 2012 Regular City Council Meeting - Council Discussion & Approval 11 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: June 13, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services Danb(a)cctexas.corn (361) 826 -3729 Valerie Gray, P.E., Director of Streets and Storm Water Services Vgray(a�cctexas. corn (361) 826 -1875 Motion to Execute Construction Contract: Williams Drive Phase 1 from Rodd Field to Nile Drive, and Williams Drive Phase 2 from Nile Drive to Airline Road (Bond 2008) CAPTION: A. Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008). B. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1 from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional construction observation services. (Bond 2008). C. Motion authorizing the City Manager, or designee, to execute Amendment No.1 to a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams Drive Phase 2 from Nile Drive to Airline Road for additional construction observation services. (Bond 2008). PURPOSE: This item proposes to award a construction contract for the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road. Additional proposals will award two amendments required to provide additional construction observation services required for the construction contract. BACKGROUND AND FINDINGS: The construction contract includes the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road with turning lanes at each intersection, new curb and gutter, sidewalks, ADA curb ramps, bus pads, lane striping, pavement markings, street lighting, signalized intersections, and utility work to improve public safety and traffic flow in the area. This work complies with the Urban Transportation Plan for C3 (four -lane collector) street sections. This project is being phased to cause the least amount of disruption to vehicular traffic, businesses, Smith Elementary School and area residents. On May 9, 2012, the City received proposals from four (4) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Alternate No. 1 Alternate No. 2 Reytec Construction Resources, Inc. Houston, Texas $18,469,554.85 $(855,170.75) $100,000.00 SER Construction Pasadena, Texas $17,999,873.95 $(154,284.48) $0.00 Bay, Ltd. Corpus Christi, Texas $19,774,534.85 $63,525.65 $0.00 Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC Alternate No.2: Expedited Schedule from Rodd Field to Airline Road to build the project in 990 Calendar Days (CD) in lieu of 1170 CD. ALTERNATIVES: 1. Award project as presented 2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not recommended) 2. Don't award project (not recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and Utility Capital Budget. EMERGENCY / NON- EMERGENCY: Not Applicable FINANCIAL IMPACT (2012 — 2013 CIP): ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,120,000.00 $12,630,800.00 $10,001,000.00 $24,751,800.00 RTA Contribution 0.00 137,440.00 0.00 137,440.00 TOTAL BUDGET $2,120,000.00 $12,768,240.00 $10,001,000.00 $24,889,240.00 Encumbered / Expended Amount 2,120,000.00 0.00 0.00 2,120,000.00 This item 0.00 12,768,240.00 5,157,844.10 17,926,084.10 Future Expenditures 2,957,674.06 2,957,674.06 BALANCE $0.00 $0.00 $1,885,481.84 $1,885,481.84 Fund(s): Capital / RTA Comments: The RTA contributed $137,400 for the construction of bus stops along the project route. RECOMMENDATION: The City's project consultants, RVE, Inc. and Naismith Engineering, conducted a life cycle cost analysis using the Federal Highway Administration's Real Cost Program to compare asphalt pavement to concrete pavement. The analysis was performed with and without User Cost Values. The results showed that over the course of a 30 -year design life, the maintenance construction cost associated with the concrete section is approximately $1,300,000 less than the maintenance construction cost associated with the HMAC section. In addition, the User Cost associated with the maintenance of the concrete section is approximately $200,000 less than the User Cost associated with maintaining the HMAC section. Additive Alternate No. 1, Jointed Reinforced Concrete in lieu of HMAC, is recommended due to the results of the life cycle cost analysis. Additive Alternate No. 2, to expedite the construction schedule from 1170 CD to 990 CD will save 180 Calendar Days for the construction contract from Rodd Field to Airline Road. Section A -6 of the Special Provisions establishes the liquidated damages at $2,000 per day. As such, the value of Alternate No. 2 is $360,000 or 180 days times $2,000 per day. Reytec's bid for Alternate No. 2 is $100,000 and therefore award of this alternate is recommended. The City's consultant for Williams Drive Phase 1 (Rodd Field to Nile) is RVE, Inc and for Williams Drive Phase 2 (Nile to Airline) is Naismith Engineering. Both consultants reviewed the bids and conducted a bid analysis of the four proposals submitted to the City. The lowest bidder based on Base Bid and Additive Alternates No. 1 and 2 is Reytec Construction Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources to complete the project. With the expedited construction schedule, the project is anticipated to last thirty -three (33) months. The construction sequence is broken into five (5) phases of work and will require integrated construction oversight between two different consultant inspectors. Work will begin at the Rodd Field intersection, shift to the southern section (Phase 1 & 2) for drainage and street construction and then shift to the north side for utility and street construction. Two travel lanes will be open throughout construction as work progresses from Rodd Field back to Airline Road. Originally, construction observation was estimated to require 24 hours of inspection per week. The new schedule will now require additional inspection services and the amendments presented will increase the hours of inspection to 40 hours per week. City staff recommends approval of the construction contract for Williams Drive Phases 1 and 2 (Rodd Field to Airline Road) for Base Bid with Alternates No. 1 and 2 to Reytec Construction Resources, Inc... In addition, staff recommends approval of Amendment No. 3 with RVE, Inc. and Amendment No. 1 with Naismith Engineering as presented. FUTURE COUNCIL ACTION: At the time of contract award, a Construction Materials Testing Agreement had not been completed. Staff will return to City Council at a future date to have an agreement approved. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map File : \ Mproject \councilexh \exh6466- 6467.dwg NUECES BAY CORPUS CHRISTI BAY N PROJECT #6466 & #6467 LOCATION MAP NOT TO SCALE FLOUR BLUFF PROJECT #6466 WILLIAMS DRIVE, PHASE 1 FROM RODD FIELD ROAD TO NILE DRIVE & PROJECT #6467 WILLIAMS DRIVE, PHASE 2 FROM NILE DRIVE TO AIRLINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ Williams Drive, Phase Nos. 1 & 2 Phase 1—Rodd Field to Nile Drive Phase 2 —Nile Drive to Airline Road Bond 2008 Council Presentation July 10, 2012 Project Scope Existing Road Section Clay Subgrade Geog rid Reinforcement Project Scope Base Bid: Alternate No. 1: Asphalt Pavement Section Concrete Pavement Section Clay Subgrade Clay Subgrade Recommended Section Project Schedule Project Estimate: 1170 Calendar Days 39 Months (Base Bid) 990 Calendar Days 33 Months (Alt. No. 2) Projected Schedule reflects City Council award in July 2012 with anticipated construction completion in June 2015. Public Meeting to be held in August 2012. FUNDS AVAILABLE Williams Drive Phase 1 Williams Drive Phase 2 RTA Storm Water Wastewater Water Gas TOTAL FUNDS AVAILABLE FUNDS REQUIRED: Construction (Reytec Resources): Contingencies Texas Department of Transportation Advance Funding Agreement Consultant Fees: *Consultant (Naismith) **Consultant (RVE) Geotechnical Testing (Tolunay-Wong) Materials Testing (Estimate) To be determined Reimbursements: TOTAL ESTIMATED PROJECT BUDGET BALANCE Project Cost $ 2,475,000.00 5,470,000.00 137, 440.00 12,545,600.00 2,569,300.00 1, 671, 900.00 20,000.00 $ 24, 889, 240.00 $ 17,714,384.10 1, 771, 438.41 8,562.00 1, 232, 714.00 1,115,640.00 19, 896.25 250, 000.00 891,123.40 $23,003,758.16 $ 1,885,481.84 * Construction Observation Services were approved at 24 hours per week in Naismith Engineering's contract which was approve by City Council Motion No. 2010-117. This amendment will increase inspection services to 40 hours cayoic.T. per week. ** Construction Observation Services were approved at 24 hours per week in RVE, Inc.'s contract which was approve by City Council Motion No. 2010-116. This amendment will increase inspection services to 40 hours per week. Your Cuy 6rcal. Lk rd X008 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: June 13, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services Danb(a)cctexas.corn (361) 826 -3729 Valerie Gray, P.E., Director of Streets and Storm Water Services Vgray(a�cctexas. corn (361) 826 -1875 Motion to Execute Construction Contract: Williams Drive Phase 1 from Rodd Field to Nile Drive, and Williams Drive Phase 2 from Nile Drive to Airline Road (Bond 2008) CAPTION: A. Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008). B. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1 from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional construction observation services. (Bond 2008). C. Motion authorizing the City Manager, or designee, to execute Amendment No.1 to a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams Drive Phase 2 from Nile Drive to Airline Road for additional construction observation services. (Bond 2008). PURPOSE: This item proposes to award a construction contract for the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road. Additional proposals will award two amendments required to provide additional construction observation services required for the construction contract. BACKGROUND AND FINDINGS: The construction contract includes the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road with turning lanes at each intersection, new curb and gutter, sidewalks, ADA curb ramps, bus pads, lane striping, pavement markings, street lighting, signalized intersections, and utility work to improve public safety and traffic flow in the area. This work complies with the Urban Transportation Plan for C3 (four -lane collector) street sections. This project is being phased to cause the least amount of disruption to vehicular traffic, businesses, Smith Elementary School and area residents. On May 9, 2012, the City received proposals from four (4) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Alternate No. 1 Alternate No. 2 Reytec Construction Resources, Inc. Houston, Texas $18,469,554.85 $(855,170.75) $100,000.00 SER Construction Pasadena, Texas $17,999,873.95 $(154,284.48) $0.00 Bay, Ltd. Corpus Christi, Texas $19,774,534.85 $63,525.65 $0.00 Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC Alternate No.2: Expedited Schedule from Rodd Field to Airline Road to build the project in 990 Calendar Days (CD) in lieu of 1170 CD. ALTERNATIVES: 1. Award project as presented 2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not recommended) 2. Don't award project (not recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and Utility Capital Budget. EMERGENCY / NON- EMERGENCY: Not Applicable FINANCIAL IMPACT (2012 — 2013 CIP): ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,120,000.00 $12,630,800.00 $10,001,000.00 $24,751,800.00 RTA Contribution 0.00 137,440.00 0.00 137,440.00 TOTAL BUDGET $2,120,000.00 $12,768,240.00 $10,001,000.00 $24,889,240.00 Encumbered / Expended Amount 2,120,000.00 0.00 0.00 2,120,000.00 This item 0.00 12,768,240.00 5,157,844.10 17,926,084.10 Future Expenditures 2,957,674.06 2,957,674.06 BALANCE $0.00 $0.00 $1,885,481.84 $1,885,481.84 Fund(s): Capital / RTA Comments: The RTA contributed $137,400 for the construction of bus stops along the project route. RECOMMENDATION: The City's project consultants, RVE, Inc. and Naismith Engineering, conducted a life cycle cost analysis using the Federal Highway Administration's Real Cost Program to compare asphalt pavement to concrete pavement. The analysis was performed with and without User Cost Values. The results showed that over the course of a 30 -year design life, the maintenance construction cost associated with the concrete section is approximately $1,300,000 less than the maintenance construction cost associated with the HMAC section. In addition, the User Cost associated with the maintenance of the concrete section is approximately $200,000 less than the User Cost associated with maintaining the HMAC section. Additive Alternate No. 1, Jointed Reinforced Concrete in lieu of HMAC, is recommended due to the results of the life cycle cost analysis. Additive Alternate No. 2, to expedite the construction schedule from 1170 CD to 990 CD will save 180 Calendar Days for the construction contract from Rodd Field to Airline Road. Section A -6 of the Special Provisions establishes the liquidated damages at $2,000 per day. As such, the value of Alternate No. 2 is $360,000 or 180 days times $2,000 per day. Reytec's bid for Alternate No. 2 is $100,000 and therefore award of this alternate is recommended. The City's consultant for Williams Drive Phase 1 (Rodd Field to Nile) is RVE, Inc and for Williams Drive Phase 2 (Nile to Airline) is Naismith Engineering. Both consultants reviewed the bids and conducted a bid analysis of the four proposals submitted to the City. The lowest bidder based on Base Bid and Additive Alternates No. 1 and 2 is Reytec Construction Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources to complete the project. With the expedited construction schedule, the project is anticipated to last thirty -three (33) months. The construction sequence is broken into five (5) phases of work and will require integrated construction oversight between two different consultant inspectors. Work will begin at the Rodd Field intersection, shift to the southern section (Phase 1 & 2) for drainage and street construction and then shift to the north side for utility and street construction. Two travel lanes will be open throughout construction as work progresses from Rodd Field back to Airline Road. Originally, construction observation was estimated to require 24 hours of inspection per week. The new schedule will now require additional inspection services and the amendments presented will increase the hours of inspection to 40 hours per week. City staff recommends approval of the construction contract for Williams Drive Phases 1 and 2 (Rodd Field to Airline Road) for Base Bid with Alternates No. 1 and 2 to Reytec Construction Resources, Inc... In addition, staff recommends approval of Amendment No. 3 with RVE, Inc. and Amendment No. 1 with Naismith Engineering as presented. FUTURE COUNCIL ACTION: At the time of contract award, a Construction Materials Testing Agreement had not been completed. Staff will return to City Council at a future date to have an agreement approved. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map File : \ Mproject \councilexh \exh6466- 6467.dwg NUECES BAY CORPUS CHRISTI BAY N PROJECT #6466 & #6467 LOCATION MAP NOT TO SCALE FLOUR BLUFF PROJECT #6466 WILLIAMS DRIVE, PHASE 1 FROM RODD FIELD ROAD TO NILE DRIVE & PROJECT #6467 WILLIAMS DRIVE, PHASE 2 FROM NILE DRIVE TO AIRLINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and RVE. INC., hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Williams Drive Phase 1 — Rodd Field to Nile Drive (Protect No. 6466) as authorized and administratively amended by: Original Contract May 18, 2010 Motion No. M2010 -116 $974,190.00 Amendment No. 1 December 4, 2010 Administrative Approval $10,000.00 Amendment No. 2 November 29, 2011 Administrative Approval $46,290.00 EXHIBIT A, SECTION 1. SCOPE OF SERVICES, PART B. ADDITIONAL SERVICES shall be modified as shown below. 12. Assist City with TxDOT Funding/Use Agreement associated with Rodd Field Road (SH357U Williams Drive Intersection: The Original Contract, as amended, shall be revised to include the following: RVE will modify the construction plans and contract documents per TxDOT comments and prepare an Opinion of Probable Cost and submittals to accompany the City's funding/use agreement with TxDOT associated with the intersection of Rodd Field Road (SH357) and Williams Drive. 13. Add Concrete Pavement Alternative: The Original Contract, as amended, shall be revised to include the following: RVE will modify the construction plans and contract documents to add concrete pavement as an alternate bid item in lieu of hot -mix asphalt concrete (HMAC) pavement. Modifications include design of concrete pavement section, creation of a concrete jointing plan, creation of an additional detail sheet to include the various required concrete details, and modification of the quantities sheet, Opinion of Probable Cost and bid documents. 14. Combine Phase 1 and Phase 2 Plans and Contract Documents into One (1) Protect: The Original Contract, as amended, shall be revised to include the following: RVE will coordinate with the City and Naismith Engineering, Inc. to modify the construction plans and contract documents in order to create one (1) set of similar bid documents that includes Phase 1 and Phase 2. 15. Additional Construction Observation Services: The Original Contract, as amended, shall be revised to include the following: The original Contract establishes the Construction Observation obligation as 24 hours per week at $100 per hour over an 18 month construction duration. With this Contract Amendment, RVE will increase the Construction Observation fee to cover 40 hours per week over a 13 month period at $100 per hour plus additional office administration time. EXHIBIT A, SECTION 3. FEES, PART B. SUMMARY OF FEES shall be modified by the attached Summary of Fees as shown in the attached Exhibit A for an additional fee not to exceed $85.160.00 (in figures) Eighty Five Thousand One Hundred Sixty Dollars and Zero Cents (In words) for a total restated fee not to exceed $1.115.640.00, (in figures) One Million One Hundred Fifteen Thousand Six Hundred Forty Dollars and Zero Cents (in words). AMID. NO.3 Page 1 of 2 All other terms and conditions of the May 18, 2010 contract between the City and Engineer and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI RVE 111 -11-1 Oscar R. Martinez Date Patrick D. Vete o, P. . hate Assistant City Manager RECOMMENDED Daniel Biles, P.E., Date Interim Director of Engineering Services ATTEST Armando Chapa, City Secretary APPROVED AS TO FORM Assistant City Attorney Date 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office (361) 887-8855 Fax AMD. NO. 3 Page 2 of 2 WILLIAMS DRIVE PHASE 1 ROOD FIELD TO NILE DRIVE (Project No. 6466) SUMMARY OF FEES Fees ORIGINAL CONTRACT AMD. NO.1 AMD. NO.2 AMD. NO.3 TOTAL Basic Services 1. Preliminary Phase $39,600.00 $0.00 $0.00 $0.00 $39,600.00 2. Design Phase $158,460.00 $0.00 $41,450.00 $0.00 $199,910.00 3. Bid Phase $13,200.00 $0.00 $0.00 $0.00 $13,200.00 4. Construction Phase $52,830.00 $0.00 $0.00 $0.00 $52,830.00 Subtotal Basic Services Fee $264, 090.00 $0.00 $41,450.00 $0.00 $305,540.00 Additional Services (Allowance) 1. Permit Preparation (Authorized) $14,880.00 $0.00 $0.00 $0.00 $14,680.00 $54,700.001 2. ROW Acquisition Survey (Authorized) $54,700.00 $0.00 $0.00 $0.00 3. Topographic Survey (Authorized) $34,340.00 $0.00 $4,840.00 $0.00 $39,160.00 4. Subsurface Utility Exploration (S.U.E.) (Authorized) $40,500.00 $0.00 $0.00 $0.00 $40,500.00 5. Box Culvert Evaluation (Authorized) $78,020.00 $0.00 $0.00 $0.00 $78,020.00 6. Box Culvert Rehabilitation Design (Authorized) TBD $10,000.00 $0.00 $0.00 $10,000.00 7. Offsite Drainage Design, Bid Phase, Construction Phase (Authorized) $245,000.00 $0.00 $0.00 $0.00 $245,000.00 8. Television Inspection of Sewer Lines (Authorized) $40,540.00 $0.00 $0.00 $0.00 $40,540.00 9. Public Meetings (3 Meetings) (Authorized) $11,730.00 $0.00 $0.00 $0.00 $11,730.00 10. Construction Observation Services (18 -Month Duration) (24 hrs/wk x $100/Hr) (Authorized) $187,200.00 $0.00 $0.00 $0.00 $187,200.00 11. Warranty Phase (Authorized) $3,390.00 $0.00 $0.00 $0.00 $3,390.00 12. Assist City with TxDOT Funding/Use Agreement associated with Rodd Field Road (SH357)/Williams Drive Intersection (Authorized) $0.00 $0.00 $0.00 $9,630.00 $9,630.00 13. Add Concrete Pavement Alternative (Authorized) $0.00 $0.00 $0.00 $10,950.00 $10,950.00 14. Combine Phase 1 and Phase 2 Plans and Contract Documents into One (1) Project (Authorized) $0.00 $0.00 $0.00 $19,380.00 $19,380.00 15. Additional Construction Observation Services for a Total of (13 -Month Duration @ 40 hrs/wk ® $100/Hr Plus Admin Fees) (Authorized) $0.00 $0.00 $0.00 $45,200.00 $45,200.00 Subtotal Additional Services Fee $ 710,100.00 $10, 000.00 $4,840.00 $85,160.00 $810,100.00 Total Fees $ 974, 190.00_ $10, 000.00 $46,290.00 $85,160.00 $1,115,640.00 AMD. NO.3 EXHIBIT 'A" Page 1 of 1 City of Corpus Chnsti SUPPLER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION 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 defmitions. COMPANY NAME: RVE, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership 3. Sole Owner ❑ 4. Association 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 interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 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 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 Patrick D. Veteto Street Maintenance Funding 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 AMID. NO.3 EXHIBIT `B" Page 1 of 2 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 hristi, Texas as changes occur. Certifying Person: Patrick D. Vetet , P.E. Title: President (T)pc or Print) Signature of Certifying Date: 06-06-12 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, "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. AMD. NO. 3 EXHIBIT '13" Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: June 13, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services Danb(a)cctexas.corn (361) 826 -3729 Valerie Gray, P.E., Director of Streets and Storm Water Services Vgray(a�cctexas. corn (361) 826 -1875 Motion to Execute Construction Contract: Williams Drive Phase 1 from Rodd Field to Nile Drive, and Williams Drive Phase 2 from Nile Drive to Airline Road (Bond 2008) CAPTION: A. Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008). B. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1 from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional construction observation services. (Bond 2008). C. Motion authorizing the City Manager, or designee, to execute Amendment No.1 to a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams Drive Phase 2 from Nile Drive to Airline Road for additional construction observation services. (Bond 2008). PURPOSE: This item proposes to award a construction contract for the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road. Additional proposals will award two amendments required to provide additional construction observation services required for the construction contract. BACKGROUND AND FINDINGS: The construction contract includes the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road with turning lanes at each intersection, new curb and gutter, sidewalks, ADA curb ramps, bus pads, lane striping, pavement markings, street lighting, signalized intersections, and utility work to improve public safety and traffic flow in the area. This work complies with the Urban Transportation Plan for C3 (four -lane collector) street sections. This project is being phased to cause the least amount of disruption to vehicular traffic, businesses, Smith Elementary School and area residents. On May 9, 2012, the City received proposals from four (4) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Alternate No. 1 Alternate No. 2 Reytec Construction Resources, Inc. Houston, Texas $18,469,554.85 $(855,170.75) $100,000.00 SER Construction Pasadena, Texas $17,999,873.95 $(154,284.48) $0.00 Bay, Ltd. Corpus Christi, Texas $19,774,534.85 $63,525.65 $0.00 Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC Alternate No.2: Expedited Schedule from Rodd Field to Airline Road to build the project in 990 Calendar Days (CD) in lieu of 1170 CD. ALTERNATIVES: 1. Award project as presented 2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not recommended) 2. Don't award project (not recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and Utility Capital Budget. EMERGENCY / NON- EMERGENCY: Not Applicable FINANCIAL IMPACT (2012 — 2013 CIP): ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,120,000.00 $12,630,800.00 $10,001,000.00 $24,751,800.00 RTA Contribution 0.00 137,440.00 0.00 137,440.00 TOTAL BUDGET $2,120,000.00 $12,768,240.00 $10,001,000.00 $24,889,240.00 Encumbered / Expended Amount 2,120,000.00 0.00 0.00 2,120,000.00 This item 0.00 12,768,240.00 5,157,844.10 17,926,084.10 Future Expenditures 2,957,674.06 2,957,674.06 BALANCE $0.00 $0.00 $1,885,481.84 $1,885,481.84 Fund(s): Capital / RTA Comments: The RTA contributed $137,400 for the construction of bus stops along the project route. RECOMMENDATION: The City's project consultants, RVE, Inc. and Naismith Engineering, conducted a life cycle cost analysis using the Federal Highway Administration's Real Cost Program to compare asphalt pavement to concrete pavement. The analysis was performed with and without User Cost Values. The results showed that over the course of a 30 -year design life, the maintenance construction cost associated with the concrete section is approximately $1,300,000 less than the maintenance construction cost associated with the HMAC section. In addition, the User Cost associated with the maintenance of the concrete section is approximately $200,000 less than the User Cost associated with maintaining the HMAC section. Additive Alternate No. 1, Jointed Reinforced Concrete in lieu of HMAC, is recommended due to the results of the life cycle cost analysis. Additive Alternate No. 2, to expedite the construction schedule from 1170 CD to 990 CD will save 180 Calendar Days for the construction contract from Rodd Field to Airline Road. Section A -6 of the Special Provisions establishes the liquidated damages at $2,000 per day. As such, the value of Alternate No. 2 is $360,000 or 180 days times $2,000 per day. Reytec's bid for Alternate No. 2 is $100,000 and therefore award of this alternate is recommended. The City's consultant for Williams Drive Phase 1 (Rodd Field to Nile) is RVE, Inc and for Williams Drive Phase 2 (Nile to Airline) is Naismith Engineering. Both consultants reviewed the bids and conducted a bid analysis of the four proposals submitted to the City. The lowest bidder based on Base Bid and Additive Alternates No. 1 and 2 is Reytec Construction Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources to complete the project. With the expedited construction schedule, the project is anticipated to last thirty -three (33) months. The construction sequence is broken into five (5) phases of work and will require integrated construction oversight between two different consultant inspectors. Work will begin at the Rodd Field intersection, shift to the southern section (Phase 1 & 2) for drainage and street construction and then shift to the north side for utility and street construction. Two travel lanes will be open throughout construction as work progresses from Rodd Field back to Airline Road. Originally, construction observation was estimated to require 24 hours of inspection per week. The new schedule will now require additional inspection services and the amendments presented will increase the hours of inspection to 40 hours per week. City staff recommends approval of the construction contract for Williams Drive Phases 1 and 2 (Rodd Field to Airline Road) for Base Bid with Alternates No. 1 and 2 to Reytec Construction Resources, Inc... In addition, staff recommends approval of Amendment No. 3 with RVE, Inc. and Amendment No. 1 with Naismith Engineering as presented. FUTURE COUNCIL ACTION: At the time of contract award, a Construction Materials Testing Agreement had not been completed. Staff will return to City Council at a future date to have an agreement approved. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map File : \ Mproject \councilexh \exh6466- 6467.dwg NUECES BAY CORPUS CHRISTI BAY N PROJECT #6466 & #6467 LOCATION MAP NOT TO SCALE FLOUR BLUFF PROJECT #6466 WILLIAMS DRIVE, PHASE 1 FROM RODD FIELD ROAD TO NILE DRIVE & PROJECT #6467 WILLIAMS DRIVE, PHASE 2 FROM NILE DRIVE TO AIRLINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ CITY OF CORPUS CHRISTI AMENDMENT NO. CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Naismith Engineering, Inc, hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Williams Drive Phase 2 — Airline to Nile Drive (Project No. 6467) as authorized and administratively amended by: Or' inal Contract a 18, 2010 Motion No. M2010-117 $1,106,174.00 EXHIBIT A, SECTION 1. SCOPE OF SERVICES, PART B. ADDITIONAL SERVICES shall be modified as shown below. 15. Additional Construction Observation Services: The Original Contract, as amended, shall be revised to include the following: The Original Contract establishes the Consultant's Construction Observation obligation as 24 hours per week at a daily rate of $384 per day over an 18 month construction duration. With this Contract Amendment, the Consultant's Construction Observation obligation will be increased to cover 40 hours per week (8 hours per day, 5 days per week) over a 450 working day (630 calendar days or 21 month) construction schedule period at $614 per day. EXHIBIT A, SECTION 3. FEES, PART B. SUMMARY OF FEES shall be modified by the attached Summary of Fees as shown in the attached Exhibit A for an additional fee not to exceed $126,540.00 (in figures) One Hundred Twen Six Thousand Five Hundred Fo Dollars and Zero Cents (in words) for a total restated fee not to exceed $276,300.00. (in figures) Two Hundred Seventy Six Thousand, Three Hundred Dollars and Zero Cents (in words). All other terms and conditions of the May 18, 2010 contract between the City and Consultant and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI NAISM TH ENGINEERING, NC. Oscar R. Martinez Date Assistant City Manager RECOMMENDED Daniel Biles, P.E., Date Interim Director of Engineering Services ATTEST Armando Chapa, City Secretary APPROVED AS TO FORM Assistant City Attorney Date At Grant 7* Jac -.on, 4- ra Date 4501 Gollihar Roa. Corpus Christi, TX 78411 (361) 814-9900 Office (361) 814-4401 Fax AMD. NO. 1 Page I of I WILLIAMS DRIVE PHASE 2 AIRLINE TO NILE DRIVE (Project No. 6467) SUMMARY OF FEES Naismith Engineering, Inc. Fees ORIGINAL CONTRACT AMD. NO.1 TOTAL Basic Services 1. Preliminary Phase $172,835.50 $0.00 $172,835.50 2. Design Phase $483,939.40 $0.00 $483,939.40 3. Bid Phase $6,913.42 $0.00 $6,913.42 4. Construction Phase $27,653.68 $0.00 $27,653.68 Subtotal Basic Services Fee $691,342.00 $0.001 $691,342.00 Additional Services (Allowance) 1. Permit Preparation (Authorized) $5,200.00 $0.00 $5,200.00 2. ROW Acquisition Survey (Authorized) $8,500.00 $0.00 $8,500.00 3. Topographic Survey (Authorized) $42,000.00 $0.00 $42,000.00 4. Subsurface Utility Exploration (S.U.E.) (Authorized) $54,472.00 $0.00 $54,472.00 5. CCTV Wastewater Lines $15,000.00 $0.00 $15,000.00 6. Environmental Issues (TBD) $0.00 $0.00 $0.00 7. Construction Observation Services (Amendment 1 - Increased from 24 hours per week to 8 hours per day, or 40 hours per week, construction schedule increased from 18 months to 21 months) $149,760.00 $126,540.00 $276,300.00 8. Storm Water HydrologiclHydraulic Study $125,000.00 $0.00 $125,000.00 9. TCEQ Water Quality Permit (Allowance) $1,000.00 $0.00 $1,000.00 10. Archaeological Survey (Allowance) $4,000.00 $0.00 $4,000.00 11. Endangered/Threatened Species Survey (Allowance) $2,000.00 $0.00 $2,000.00 12. Mitigation Construction Plans (Allowance) $3,500.00 $0.00 $3,500.00 13. Three (3) Public Meetings $3,500.00 $0.00 $3,500.00 14. Warranty Phase $900.00 $0.00 $900.00 Subtotal Additional Services Fee $414,832.00 $126,540.001 $541,372.00 Total Fees $1,106,174.00 $126,540.00 $1,232,714.00 AMD. NO.1 EXHIBIT "A" Page 1 of 1 City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION 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: Naismith Engineering, Inc. P. O. BOX: STREET ADDRESS: 4501 Gollihar Road FIRM IS: I. Corporation El 4. Association CITY: Corpus Christi ZIP: 78411 2. Partnership e 5. Other 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) -None- 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 -None- 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 -None- 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 -None- AMD. NO.1 EXHIBIT "B" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action w ill 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)1 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: Grant A. Jackson (rype or Print) Signature of Certifying Person: Title: Vice President DEFINITIONS Date: June 13, 2012 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 front 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- lime 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. AM!). NO. 1 EXHIBIT -13" Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; (361) 826 -3464 July 20, 2012 Ronald L. Olson, City Manager Michael Morris, Director of Parks & Recreation Services mmorris @cctexas.com; (361) 826 -3464 Approval of Contract for Professional Services for Corpus Christi Beach New Bath House (Bond 2008) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a Contract for Professional Services with Chuck Anastos Associates, LLC. of Corpus Christi, Texas in the amount of $49,699.00 for a total re- stated fee of $99,524.00 for the Corpus Christi Beach New Bath House (Bond 2008). PURPOSE: To execute Amendment No. 2 to a Contract for Professional Services to elevate and redesign the bath house as an elevated structure because the previous design concept could not be modified to be brought into compliance with FEMA's velocity zone standards. BACKGROUND AND FINDINGS: This project will include an ADA accessible restroom facility with four (4) stalls that will be constructed on Corpus Christi Beach (near the Lexington Museum) with separate men's and women's toilet rooms and outdoor shower. The facility will consist of an elevated wood structure on wood pilings and elevated accessible wood ramp, piling, and beam system designed to accommodate the potential wave action wash through and potential flooding conditions to meet FEMA's requirements. City is proceeding with the redesign of the bath house as an elevated structure because the previous design concept (at grade structure with breakaway walls) could not be modified to be brought into compliance with FEMA's velocity zone standards. ALTERNATIVES: 1. Award consultant contract amendment as presented. Other construction and procurement options were evaluated but are not recommended. 2. Don't award consultant contract amendment (not recommended, Bond 2008 project) C:AProgram Files \ Granicus \Legistar5\Packet\965_City Council 7_24 2012 \0015_1_Memo - CC Bath House.docx OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding professional services procurement criteria; FY 2011 -2012 Parks & Recreation Capital Budgets. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks & Recreation 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 $77,300.00 $222,700.00 $0.00 $300,000.00 Encumbered / Expended Amount 77,300.00 0.00 0.00 77,300.00 This item 0.00 49,699.00 0.00 49,699.00 Future Estimated Exp. 546,408.14 546,408.14 BALANCE 0.00 173,001.00 ($546,408.14) ($373,407.14) Fund(s): Parks & Recreation Bond 2008. This project is No. PR 13 in the FY2011 -2012 Capital Improvement Program. Comments: Potential project shortfall will need to be covered through Bond 2008 park project savings. RECOMMENDATION: City staff recommends approval of professional services contract Amendment No. 2 in support of the Bond 2008 project initiative as presented. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map C:AProgram Files \ Granicus \Legistar5\Packet\965City Council 724 2012 \00151Memo - CC Bath House.docx PROJECT BUDGET Corpus Christi Beach New Bath House - Bond 2008 Project No. 3392 July 24, 2012 FUNDS AVAILABLE: Parks & Recreation Capital Improvement Budget (Bond 2008) $300,000.00 TOTAL AVAILABLE. $300,000.00 FUNDS REQUIRED: Construction (Estimated) 482,644.00 Contingencies 10% 48,264.40 Consultant Fees: Consultant Design (Chuck Anastos Associates, LLC.) (Original Small AE )* 37,675.00 Amendment No. 1 (Chuck Anastos Associates, LLC.) (Consultant Services) 12,150.00 Amendment No. 2 (Chuck Anastos Associates, LLC.) (Consultant Services) 49,699.00 Testing Agreement (Rock Engineering & Testing Laboratory, Inc.) (Geotechnical 1,950.00 Inspection) ** Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 16,892.54 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 14,479.32 Finance Reimbursements 7,239.66 Misc. (Printing, Advertising, etc.) 2,413.22 TOTAL $673,407.14 Estimated Project Balance $ (373,407.14) * Consultant Contract awarded administratively on March 09, 2009. ** Testing Agreement awarded administratively on June 23, 2010. Potential project shortfall will need to be covered through Bond 2008 park project savings. File : \ Mproject \councilexhibits \exh3392.dwg RIVER F.M. 624 /VI LECES C.C.I. AIRPORT LOCATION MAP NOT TO SCALE 4110411 GE EUM PROJECT No. 3392 VICINITY MAP NOT TO SCALE CORPUS CHRISTI BEACH NEW BATHHOUSE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AMENDMENT NO. 2 to A/E AGREEMENT for ARCHITECT /ENGINEER CONSULTANT SERVICES The City of Corpus Christi, Texas hereinafter called "CITY ", and CHUCK ANASTOS ASSOCIATES, LLC a Texas Limited Liability Company, hereinafter called "CONSULTANT ", agree to the following amendments to the Contract for Engineering Services for the following project, as authorized and administratively amended by; Original Small NE Agreement March 9, 2009..... Administrative Approval $37,675 A0 Amendment No. 1 December 30, 2009 Administrative Approval $12,150.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows; Corpus Christi Beach New Bath House — Bond 2008 (Project No. 3392) "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. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a revised fee not to exceed $49,699.00 fFortv -Nine Thousand Six Hundred Ninety -Nine Dollars and Zero Cents) for a total restated fee not to -xceed $99,524.00 (Ninety -Nine Thousand Five Hundred 'Twenty -Four Dollars and Zero Cents). See Exhibit " CITY OF CORPUS CHRISTI Oscar R. Martinez Date Assistant City Manager APPROVED AS TO FORM: (7/j Daniel Biles, P.E. Date Int rim Director Eng7ring Services Legal Department Operating Department Date 4/5I 11— Date Office of Management and Budget Date ATTEST Armando Chapa, City Secretary Date Project Number: 3392 Funding Source: 550950 - 3291 - 00000 - 130131 Encumbrance Number: CHUCK ANA �, •CIATES, LLC Chuck Anastos, A A., NCARB P.O. Box 3883 Corpus Christi, TX 78463 -3883 (361) 884 -4422 Office (361) 884 -4419 Fax Date ENTEAEO 4AR 0 6 212 PC+ CONTRACT MANAGERS AMD. NO. 2 Page 1 of 1 K:SEngineering DataExchangolRobertO'PARKS & RECSProjecINo, 3392CorpusChristiDeachNew8athhouseSCHUCK ANASTOS ASSOCIATES, AMENDMENT No. 21AMENDMENT No. 2.doc ARCHITECTURE INTERIOR DESIGN P o BOX 3883 CORPUS CHRISTI TEXAS 78483 801 9 STAPLES CORPUS CHRISTI TEXAS 78404 TEL 361!804 -4422 FAX 361!884 -4419 anast0ae8saCiatimeom C# UCH flgfSTOS ASSOCIATES, L LC. 13 February 2012 Mr. Daniel Biles, PE Interim Director of Engineering Services City Of Corpus Christi PQ Box 9277 Corpus Christi, TX 78469 -9277 Re: Corpus Christi Beach New Bath House — Bond 2008 City of Corpus Christi Project #3392 (Revised Project 2012 -2 Scope) Dear Mr, Biles: Chuck Anastos Associates, LLC is pleased to submit this revised Proposal for the A & E services for the Bond Issue 2008 Corpus Christi Beach New Bathhouse. This Proposal is for the architecture; landscape architecture; structural and MEP engineering; and cost estimating services for the following scope of work: 1. An elevated four (4)- wood restroom facility on wood pilings; and 2. An elevated accessible wood ramp I piling / beam system designed to accommodate the potential wave action wash through and potential flooding conditions as per FEMA requirements. We propose to provide the following architectural services for each Phase of this Project: 1. Design Phase (Refer to Preliminary Site Plan): Re- verify existing conditions at site; Analyze recently adapted 2009 International Building Code, Texas Windstorm and TDLR requirements; Prepare Preliminary Design Drawings for the new facility and meet with Registered Accessibility Specialist for review of preliminary plans; Meet with Engineering, Development Services and CC Beach community members as required for design review and approval; Produce final Design Plans (Construction Documents) for bidding and construction; and 6 Submit final Design Plans to Registered Accessibility Specialist for submission to State of Texas. 2. Bidding Phase: Participate in the pre -bid conference; Assist the City in solicitation of bids; Review all pre -bid questions and prepare necessary addenda; Attend bid opening, analyze bids and make recommendations concerning award of Contract. 3. Construction Phase: Make approximately one (1)- site visit per every two weeks during construction to observe the work; and Make approximately one (1)- site visit per month during construction to observe the quantity of work, and review and approve Contractor's Applications for Payment monthly. City Proposal City or Corpus Christi Project #3392 Clients` Responsibilities: It is hereby agreed that the Client shall be responsible for the following: 1. The Client shall provide all required site information including a survey and geotechnical report prior to commencement of Design Phase. If replatting, amending or rezoning of the property is . required, all associated work shall be considered additional services. Compensation for the above- described services shall be as follows (See attached A I E Fee Summary): 1. Basic and Additional Services compensation for the above described services shall be a flat fee of Fifty Nine Thousand Six Hundred Ninety Nine Dollars ($ 49,699.00). Distribution of Fees: 1. Preliminary Design Phase 2. Design Phase 3. Bidding Phase 4. Construction Observation Phase Total Distributed Fee 4 8,371.00 =$ 29,500.00 4 1,457.00 4 10 3771.00 =$ 49,699.00 Attached are Revised Scope Preliminary Construction Cost Estimate and Fee and Time Schedules for your use in preparation of the Contract. We are prepared to commence this Project immediately upon receipt of your approval to proceed. Sincere Chuck Ar stos, AIA STATEMENT OF CERTIFICATION: The Texas Board of Architectural Examiners, PO Box 12337, Austin, Texas 78711, Telephone (512) 305 -9000, has jurisdiction over complaints regarding the professional practices of persons registered as architects in the State of Texas. City Proposal City of Corpus Christi project #3392 ARCHITECTURE INTERIOR DESIGN P O SOX 3883 CORPUS CHRISTI TEXAS 78483 901 $ STAPLES CORPUS CHRISTI TEXAS 78404 TEL 3811884 -4422 FAX 3131/ 884-4410 anastosassocietes.com (HICK flflflSTOS ASSOCIATES. LLC. 13 February 2012 Corpus Christi Beach New Bathhouse - Bond 2Q08 .. City of Corpus Christi Project #3392 Revised Scope Preliminary Construction Cost Estimate for Four (4) Elevated Wood Restrooms on Wood Pilings: 1. Sitework 2. Landscaping & Irrigation 3. Wood Pilings @ Restrooms, Ramp & Stairs 4. Wood Framing & Cementitious Siding @ Restrooms 5. Wood Framing & Railings @ Ramp & Stairs 6. Doors, Hardware & Louvers 7. Finishes & Painting S. Toilet Accessories 9. Plumbing, Stainless Fixtures & Site Utilities 10. Electrical, Stainless Lighting & Site Utilities Subtotal -- Construction Cost 11. General Conditions f Requirements 12. Bonds & Insurance 13. General Contractor's Fee / Profit = S _$ =8 =8 4 W$ =8 =8 =8 =8 31,735.00 17,000.00 61,925.00 18,427.00 79,600.00 26,300.00 29, 960.00 5,330.00 61,795.00 26670.00 358,742.00 42,979.00 9,173,00 71,750.00 [Total Estimated Project Construction Cost (Items #1 —13) .$ 482,644.00 This estimate of construction cost represents the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining hid prices, or over competitive bidding, market or negotiating conditions. Revised Scope Preliminary Construction Cost Estimate City of Corpus Christi Project #3392 AMD. NO.2 EXHIBIT "A" Page 3 of 4 A R C H I T E C T U R E INTERIOR DESIGN PD BOX 3883 CORPUS CHRISTI TEXAS 78483 80t S STAPLES CORPUS CHRISTI TEXAS 78404 TEL 3811884 -4422 FAX 381 884-4410 an a s to ea ssOc i ate s. cam t#flC� flflflSTOS A S S O C I A T E S , L I C Schedule DAY DATE ACTIVITY Wednesday 22 Feb 2012 Begin Preliminary Design Phase Monday 09 Mar 2012 Design Memorandum Submission Friday - 23 Mar 2012 ..._. _....._.. City Ret►ieW Meeting .............. Monday 26 Mar 2012 Begin Design Phase Friday 13 April 2012 60% Design Review Submission Friday 27 April 2012 City Review Meeting Monday 30 April 2012 Commence Design Completion Friday 25 May 2012 100% Design Review Submission Friday 15 June 2012 City Review Meeting Wednesday 20 June 2012 Commence Design Final Friday 18 July 2012 Final Design Submission (sealed & ready for printing / Bidding Phase) Summary of AE Fees (Phase of Payment Fee for Basic Services -s--� 1. Preliminary Design Phase (Preliminary Design Phase) 8,371.00 2. Design Phase (Design Phase) 25,000.00 3. Bid Phase (Bid Phase) 1,457.00 4. Construction Phase (Construction Phase) 7,371.00 Subtotal Basic Services Fees $42,199,00 Fee for Additional Services 1. Warranty Inspection (Construction Phase) 540.00 2. Preparation of Record Drawing Set (Construction Phase) 500.00 3. Topographic Survey 0.00 4. Submission to TDLR (Design Phase) 1,500.00 5. Landscape & Irrigation Plans (Design Phase) 1,500.00 6. Supplemental Construction Observation (Construction Phase) 2,000.00 7. Cost Estimates for Unused Schematic Designs (ALCM) 1,500.00 Sub -Total Additional Services Fees Authorized $7,500.00 Total Authorized AE Fees $49,699.00 Schedule & Summary of Fees- 13 February 2012 City of Corpus Christi Project #3392 CORPUS CHRISTI BEACH NEW BATH HOUSE BOND 2008 (Project No. 3392) SUMMARY OF FEES K1Engineering DataExchange1RobertaPARKS & REC1ProjectNo.S392CorpusChristiBeachNewBathhouse\CHUCK ANASTOS ASSOCIATES, AMENDMENT No. 25Copy of Summary of Fees ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 TOTAL BASIC SERVICES 1 Preliminary Phase $7,166.00 $0.00 $8,371.00 $15,537.00 2 Design Phase 11,261.00 17,850.00 29,500.00 58,611.00 3 Bid Phase 1,024.00 0.00 1,457.00 2,481.00 4 Construction Phase 1,024.00 0.00 0.00 1,024.00 Subtotal Basic Services 20,475.00 17,850.00 39,328.00 77,653.00 ADDITIONAL SERVICES 1 Warranty lnspection(s) 1,500.00 (1,500.00) 0.00 0.00 2 Preparation of Record Drawings Set 1,500.00 0.00 0.00 1,500.00 3 Topographic Survey (By Licensed Surveyor) 3,500.00 0.00 0.00 3,500.00 4 Submission to TDLR 1,500.00 0.00 0.00 1,500.00 5 Public Art Design Coordination 1,000.00 0.00 0.00 1,000.00 6 Renderings for Adjacent Land Owners' Presentation 2,500.00 0.00 0.00 2,500.00 7 Landscape Plan (By Licensed Landscape Designer) 1,500.00 0.00 0.00 1,500.00 8 Supplemental Construction Observation (Engineers) 4,200.00 (4,200.00) 10,371.00 10,371.00 Subtotal Additional Services 17,200.00 (5,700.00) 10,371.00 21,871.00 TOTAL AUTHORIZED FEE $37,675.00 $12,150.00 $49,699.00 $99,524.00 K1Engineering DataExchange1RobertaPARKS & REC1ProjectNo.S392CorpusChristiBeachNewBathhouse\CHUCK ANASTOS ASSOCIATES, AMENDMENT No. 25Copy of Summary of Fees 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 icnowingly 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: Chuck Anastos (Type or Mal) Signature of Certifying Person: itle: President Date: t¢ Pty 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. c. "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. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 24, 2012 Second Reading Ordinance for the City Council Meeting of July 31, 2012 DATE: TO: FROM: July 10, 2012 Ronald L. Olson, City Manager Gustavo Gonzales, Director of Water Operations G ustavoGo @cctexas. corn 826 -1874 Ordinance Appropriating Balance in Raw Water Supply Development Fund CAPTION: Ordinance appropriating July 31, 2012 balance in the Raw Water Supply Development Fund, currently estimated to be $4,751,216, in the Fund 4010 Water Fund; transferring to Fund 4041 Raw Water Supply Development Fund. PURPOSE: To consolidate the revenues from Raw Water Supply Development Fund charges into the Water Supply Development Reserve Fund. BACKGROUND AND FINDINGS: Water Supply Development charges of $0.05/1,000 gallons gas been included in the Raw Water Charges account since Fiscal Year 2011 and held in a reserve account within the Water Operating Fund 4010. Beginning in Fiscal Year 2013, a separate fund, Fund 4041, will be set up to account for these revenues. A transfer of the revenues received through July 31, 2012, is necessary to consolidate the Water Supply Development Reserve into the same fund. ALTERNATIVES: Maintaining the Water Supply Development Reserve in two different places. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance complies with City Policy. EMERGENCY / NON - EMERGENCY: None. DEPARTMENTAL CLEARANCES: Financial Services Office of Management and Budget 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 $4,751,216.00 $4,751,216.00 Encumbered / Expended Amount This item $4,751,216.00 $4,751,216.00 BALANCE 0.00 0.00 Fund(s): 4010 Water Comments: RECOMMENDATION: Approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating July 31, 2012 balance in the Raw Water Supply Development Fund, currently estimated to be $4,751,216, in the Fund 4010 Water Fund; transferring to Fund 4041 Raw Water Supply Development Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 11. That the balance in the Raw Water Supply Development Fund as of July 31, 2012, approximately $4,751,216, in the Fund 4010 Water Fund, is appropriated and transferred to Fund 4041 Raw Water Supply Development Fund, for purposes as described in Section 55 -50 (b)(14), as amended. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six aTY OF CORPUS a- sn UNAPPROPRIATED CAPITAL FUNDS As of Apri 130, 2012 ATTACH ENT ONE SECTION 1 :AIRPORT 3020A Airport aPFund (Capital Reserves) 3020B Airport aPFund (Other) 3024 Airport 2000A a P Fund (Rev. Bds.) SECTI ON 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 co (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Are Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 a P (Bond 08) 3182 Convention Center 2010 aP Fund (CO) 3289 Park & Rec 2005 a P Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Fbc 2009 GO (Bond 2008) 3292 Park & Fbc 2010 GO (Bond 2008) 3541 areet 2005 aP Rind (GO) 3544 areet 2007A (O P) 3545 areet 2008 Tax Notes 3546 areet 2009 GO (bond 08) 3548 areet 2012 GO a P Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRZONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLJCH &STOTAL 7,758.68 1,185.39 U BRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81, 759.12 13,625.61 STRUT TOTAL 118, 521.66 BOND PROCEEDS TOTAL 164, 518.87 SECTI ON 3 : REVBVUE BON DS 4526 aormWater 2009 (Rev - Bond 2008) 4528 aorm Water 2010A (Rev) 4529 aorm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 O P Fund (Rev. Bds.) 4087 Water 2010 TVVDB - WI F Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BIBs) 3,331.16 621.05 13,152.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37,206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46, 767.30 347.00 278.05 3,850.32 WASTBNATBRTOTAL 4,475.37 REVBV U E BON DS TOTAL 68, 927.94 SECTI ON 4 : SALTY BONDS& OTHER aP 3489 aormWater 2007 A -1 (TM PC 00) 803.45 4246 Wastewater 2007A-1 (TM PC CO) 134.83 3542 areet 2007A-1 a P Fund (TM F -GO) 631.48 3543 areet 2007 -A -1 (TM FC-CO) 1,401.88 TM PC TOTAL 2,971.64 3270 9eawal I O P Fund (2002 Sales Tax Rev. Bds) 353.27 3271 Seawall Sistem OPFund 609.81 S4LE5 TAX BOND TOTAL 963.08 3278 Packery Channel ProjectsTTF#2 1,547.12 3161 Energy Bfncy aP2012 PPF00 2,041.93 3160 City Hall OIP Fund (9.09) 3280 Park a P Fund 51,649.73 3430 Wastewater a P Fund (1,719.83) 3480 aormWater aPFund 1,359.22 3530 areet aP Fund 28,653.80 4080 Water a P Fund 417.73 4510 Wastewater Capital Reserves 4,122.20 GENERIC a P TOTAL 84,473.76 ALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED RJNDS 3530 areet Assessments 166,826.76 SECTION 6: OOfT PRI OR APPROPRI A11 ON S 3125 Bayfront Dev 2008 Tax Notes 3530 areet aP Fund CORRECTION TOTAL Revenue detail - (Fundswith revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving M isc. TXDOT Refund 7/17/07 Contribution - Downtown dean up 3480 Interest Contributions to aid construction 3530 Interest RTA- Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25, 000.00 659.64 28, 857.62 51,649.73 1,359.22 1,359.22 2,153.80 25, 000.00 1,500.00 28,653.80 Ordinance appropriating $3,917.52 in Airport Capital Improvement Plan (CIP) interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $3,917.52 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $3,917.52. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0017 3 OrdinanceOne- Airport GP Joe Adame Mayor 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 second time and passed finally 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 this the day of , 2012. ATTEST: Armando Chapa City Secretary 0017 3 OrdinanceOne- Airport GP Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six aTY OF CORPUS a- sn UNAPPROPRIATED CAPITAL FUNDS As of Apri 130, 2012 ATTACH ENT ONE SECTION 1 :AIRPORT 3020A Airport aPFund (Capital Reserves) 3020B Airport aPFund (Other) 3024 Airport 2000A a P Fund (Rev. Bds.) SECTI ON 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 co (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Are Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 a P (Bond 08) 3182 Convention Center 2010 aP Fund (CO) 3289 Park & Rec 2005 a P Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Fbc 2009 GO (Bond 2008) 3292 Park & Fbc 2010 GO (Bond 2008) 3541 areet 2005 aP Rind (GO) 3544 areet 2007A (O P) 3545 areet 2008 Tax Notes 3546 areet 2009 GO (bond 08) 3548 areet 2012 GO a P Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRZONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLJCH &STOTAL 7,758.68 1,185.39 U BRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81, 759.12 13,625.61 STRUT TOTAL 118, 521.66 BOND PROCEEDS TOTAL 164, 518.87 SECTI ON 3 : REVBVUE BON DS 4526 aormWater 2009 (Rev - Bond 2008) 4528 aorm Water 2010A (Rev) 4529 aorm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 O P Fund (Rev. Bds.) 4087 Water 2010 TVVDB - WI F Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BIBs) 3,331.16 621.05 13,152.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37,206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46, 767.30 347.00 278.05 3,850.32 WASTBNATBRTOTAL 4,475.37 REVBV U E BON DS TOTAL 68, 927.94 SECTI ON 4 : SALTY BONDS& OTHER aP 3489 aormWater 2007 A -1 (TM PC 00) 803.45 4246 Wastewater 2007A-1 (TM PC CO) 134.83 3542 areet 2007A-1 a P Fund (TM F -GO) 631.48 3543 areet 2007 -A -1 (TM FC-CO) 1,401.88 TM PC TOTAL 2,971.64 3270 9eawal I O P Fund (2002 Sales Tax Rev. Bds) 353.27 3271 Seawall Sistem OPFund 609.81 S4LE5 TAX BOND TOTAL 963.08 3278 Packery Channel ProjectsTTF#2 1,547.12 3161 Energy Bfncy aP2012 PPF00 2,041.93 3160 City Hall OIP Fund (9.09) 3280 Park a P Fund 51,649.73 3430 Wastewater a P Fund (1,719.83) 3480 aormWater aPFund 1,359.22 3530 areet aP Fund 28,653.80 4080 Water a P Fund 417.73 4510 Wastewater Capital Reserves 4,122.20 GENERIC a P TOTAL 84,473.76 ALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED RJNDS 3530 areet Assessments 166,826.76 SECTION 6: OOfT PRI OR APPROPRI A11 ON S 3125 Bayfront Dev 2008 Tax Notes 3530 areet aP Fund CORRECTION TOTAL Revenue detail - (Fundswith revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving M isc. TXDOT Refund 7/17/07 Contribution - Downtown dean up 3480 Interest Contributions to aid construction 3530 Interest RTA- Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25, 000.00 659.64 28, 857.62 51,649.73 1,359.22 1,359.22 2,153.80 25, 000.00 1,500.00 28,653.80 Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $164,518.87 in Bond Proceed interest earnings is appropriated in the funds as listed in Attachment 1, Section 2 for the City's match for stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $164,518.87. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0018 3 Ordinance Two - Bond Proceed Joe Adame Mayor 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 second time and passed finally 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 this the day of , 2012. ATTEST: Armando Chapa City Secretary 0018 3 Ordinance Two - Bond Proceed Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six aTY OF CORPUS a- sn UNAPPROPRIATED CAPITAL FUNDS As of Apri 130, 2012 ATTACH ENT ONE SECTION 1 :AIRPORT 3020A Airport aPFund (Capital Reserves) 3020B Airport aPFund (Other) 3024 Airport 2000A a P Fund (Rev. Bds.) SECTI ON 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 co (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Are Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 a P (Bond 08) 3182 Convention Center 2010 aP Fund (CO) 3289 Park & Rec 2005 a P Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Fbc 2009 GO (Bond 2008) 3292 Park & Fbc 2010 GO (Bond 2008) 3541 areet 2005 aP Rind (GO) 3544 areet 2007A (O P) 3545 areet 2008 Tax Notes 3546 areet 2009 GO (bond 08) 3548 areet 2012 GO a P Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRZONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLJCH &STOTAL 7,758.68 1,185.39 U BRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81, 759.12 13,625.61 STRUT TOTAL 118, 521.66 BOND PROCEEDS TOTAL 164, 518.87 SECTI ON 3 : REVBVUE BON DS 4526 aormWater 2009 (Rev - Bond 2008) 4528 aorm Water 2010A (Rev) 4529 aorm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 O P Fund (Rev. Bds.) 4087 Water 2010 TVVDB - WI F Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BIBs) 3,331.16 621.05 13,152.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37,206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46, 767.30 347.00 278.05 3,850.32 WASTBNATBRTOTAL 4,475.37 REVBV U E BON DS TOTAL 68, 927.94 SECTI ON 4 : SALTY BONDS& OTHER aP 3489 aormWater 2007 A -1 (TM PC 00) 803.45 4246 Wastewater 2007A-1 (TM PC CO) 134.83 3542 areet 2007A-1 a P Fund (TM F -GO) 631.48 3543 areet 2007 -A -1 (TM FC-CO) 1,401.88 TM PC TOTAL 2,971.64 3270 9eawal I O P Fund (2002 Sales Tax Rev. Bds) 353.27 3271 Seawall Sistem OPFund 609.81 S4LE5 TAX BOND TOTAL 963.08 3278 Packery Channel ProjectsTTF#2 1,547.12 3161 Energy Bfncy aP2012 PPF00 2,041.93 3160 City Hall OIP Fund (9.09) 3280 Park a P Fund 51,649.73 3430 Wastewater a P Fund (1,719.83) 3480 aormWater aPFund 1,359.22 3530 areet aP Fund 28,653.80 4080 Water a P Fund 417.73 4510 Wastewater Capital Reserves 4,122.20 GENERIC a P TOTAL 84,473.76 ALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED RJNDS 3530 areet Assessments 166,826.76 SECTION 6: OOfT PRI OR APPROPRI A11 ON S 3125 Bayfront Dev 2008 Tax Notes 3530 areet aP Fund CORRECTION TOTAL Revenue detail - (Fundswith revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving M isc. TXDOT Refund 7/17/07 Contribution - Downtown dean up 3480 Interest Contributions to aid construction 3530 Interest RTA- Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25, 000.00 659.64 28, 857.62 51,649.73 1,359.22 1,359.22 2,153.80 25, 000.00 1,500.00 28,653.80 Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $68,927.94 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the City's match for support of the City's approved Capital Improvement Program. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $68,927.94. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0019 3 Ordinance Three- Utility Revenue Bona Joe Adame Mayor 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 second time and passed finally 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 this the day of , 2012. ATTEST: Armando Chapa City Secretary 0019 3 Ordinance Three- Utility Revenue Bona Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six aTY OF CORPUS a- sn UNAPPROPRIATED CAPITAL FUNDS As of Apri 130, 2012 ATTACH ENT ONE SECTION 1 :AIRPORT 3020A Airport aPFund (Capital Reserves) 3020B Airport aPFund (Other) 3024 Airport 2000A a P Fund (Rev. Bds.) SECTI ON 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 co (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Are Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 a P (Bond 08) 3182 Convention Center 2010 aP Fund (CO) 3289 Park & Rec 2005 a P Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Fbc 2009 GO (Bond 2008) 3292 Park & Fbc 2010 GO (Bond 2008) 3541 areet 2005 aP Rind (GO) 3544 areet 2007A (O P) 3545 areet 2008 Tax Notes 3546 areet 2009 GO (bond 08) 3548 areet 2012 GO a P Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRZONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLJCH &STOTAL 7,758.68 1,185.39 U BRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81, 759.12 13,625.61 STRUT TOTAL 118, 521.66 BOND PROCEEDS TOTAL 164, 518.87 SECTI ON 3 : REVBVUE BON DS 4526 aormWater 2009 (Rev - Bond 2008) 4528 aorm Water 2010A (Rev) 4529 aorm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 O P Fund (Rev. Bds.) 4087 Water 2010 TVVDB - WI F Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BIBs) 3,331.16 621.05 13,152.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37,206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46, 767.30 347.00 278.05 3,850.32 WASTBNATBRTOTAL 4,475.37 REVBV U E BON DS TOTAL 68, 927.94 SECTI ON 4 : SALTY BONDS& OTHER aP 3489 aormWater 2007 A -1 (TM PC 00) 803.45 4246 Wastewater 2007A-1 (TM PC CO) 134.83 3542 areet 2007A-1 a P Fund (TM F -GO) 631.48 3543 areet 2007 -A -1 (TM FC-CO) 1,401.88 TM PC TOTAL 2,971.64 3270 9eawal I O P Fund (2002 Sales Tax Rev. Bds) 353.27 3271 Seawall Sistem OPFund 609.81 S4LE5 TAX BOND TOTAL 963.08 3278 Packery Channel ProjectsTTF#2 1,547.12 3161 Energy Bfncy aP2012 PPF00 2,041.93 3160 City Hall OIP Fund (9.09) 3280 Park a P Fund 51,649.73 3430 Wastewater a P Fund (1,719.83) 3480 aormWater aPFund 1,359.22 3530 areet aP Fund 28,653.80 4080 Water a P Fund 417.73 4510 Wastewater Capital Reserves 4,122.20 GENERIC a P TOTAL 84,473.76 ALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED RJNDS 3530 areet Assessments 166,826.76 SECTION 6: OOfT PRI OR APPROPRI A11 ON S 3125 Bayfront Dev 2008 Tax Notes 3530 areet aP Fund CORRECTION TOTAL Revenue detail - (Fundswith revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving M isc. TXDOT Refund 7/17/07 Contribution - Downtown dean up 3480 Interest Contributions to aid construction 3530 Interest RTA- Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25, 000.00 659.64 28, 857.62 51,649.73 1,359.22 1,359.22 2,153.80 25, 000.00 1,500.00 28,653.80 Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $91,997.53 in Specialty Bond Proceed interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $91,997.53. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0020 3 Ordinance Four - Specialty Bond Proceed Joe Adame Mayor 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 second time and passed finally 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 this the day of , 2012. ATTEST: Armando Chapa City Secretary 0020 3 Ordinance Four - Specialty Bond Proceed Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six aTY OF CORPUS a- sn UNAPPROPRIATED CAPITAL FUNDS As of Apri 130, 2012 ATTACH ENT ONE SECTION 1 :AIRPORT 3020A Airport aPFund (Capital Reserves) 3020B Airport aPFund (Other) 3024 Airport 2000A a P Fund (Rev. Bds.) SECTI ON 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 co (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Are Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 a P (Bond 08) 3182 Convention Center 2010 aP Fund (CO) 3289 Park & Rec 2005 a P Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Fbc 2009 GO (Bond 2008) 3292 Park & Fbc 2010 GO (Bond 2008) 3541 areet 2005 aP Rind (GO) 3544 areet 2007A (O P) 3545 areet 2008 Tax Notes 3546 areet 2009 GO (bond 08) 3548 areet 2012 GO a P Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRZONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLJCH &STOTAL 7,758.68 1,185.39 U BRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81, 759.12 13,625.61 STRUT TOTAL 118, 521.66 BOND PROCEEDS TOTAL 164, 518.87 SECTI ON 3 : REVBVUE BON DS 4526 aormWater 2009 (Rev - Bond 2008) 4528 aorm Water 2010A (Rev) 4529 aorm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 O P Fund (Rev. Bds.) 4087 Water 2010 TVVDB - WI F Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BIBs) 3,331.16 621.05 13,152.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37,206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46, 767.30 347.00 278.05 3,850.32 WASTBNATBRTOTAL 4,475.37 REVBV U E BON DS TOTAL 68, 927.94 SECTI ON 4 : SALTY BONDS& OTHER aP 3489 aormWater 2007 A -1 (TM PC 00) 803.45 4246 Wastewater 2007A-1 (TM PC CO) 134.83 3542 areet 2007A-1 a P Fund (TM F -GO) 631.48 3543 areet 2007 -A -1 (TM FC-CO) 1,401.88 TM PC TOTAL 2,971.64 3270 9eawal I O P Fund (2002 Sales Tax Rev. Bds) 353.27 3271 Seawall Sistem OPFund 609.81 S4LE5 TAX BOND TOTAL 963.08 3278 Packery Channel ProjectsTTF#2 1,547.12 3161 Energy Bfncy aP2012 PPF00 2,041.93 3160 City Hall OIP Fund (9.09) 3280 Park a P Fund 51,649.73 3430 Wastewater a P Fund (1,719.83) 3480 aormWater aPFund 1,359.22 3530 areet aP Fund 28,653.80 4080 Water a P Fund 417.73 4510 Wastewater Capital Reserves 4,122.20 GENERIC a P TOTAL 84,473.76 ALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED RJNDS 3530 areet Assessments 166,826.76 SECTION 6: OOfT PRI OR APPROPRI A11 ON S 3125 Bayfront Dev 2008 Tax Notes 3530 areet aP Fund CORRECTION TOTAL Revenue detail - (Fundswith revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving M isc. TXDOT Refund 7/17/07 Contribution - Downtown dean up 3480 Interest Contributions to aid construction 3530 Interest RTA- Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25, 000.00 659.64 28, 857.62 51,649.73 1,359.22 1,359.22 2,153.80 25, 000.00 1,500.00 28,653.80 Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $166,826.76 in Street Assessments is appropriated in the funds as listed in Attachment 1, Section 5 for repayment of approved assessment projects. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $166,826.76. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0021 3 Ordinance Five - Street Assessments Joe Adame Mayor 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 second time and passed finally 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 this the day of , 2012. ATTEST: Armando Chapa City Secretary 0021 3 Ordinance Five - Street Assessments Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 20, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six aTY OF CORPUS a- sn UNAPPROPRIATED CAPITAL FUNDS As of Apri 130, 2012 ATTACH ENT ONE SECTION 1 :AIRPORT 3020A Airport aPFund (Capital Reserves) 3020B Airport aPFund (Other) 3024 Airport 2000A a P Fund (Rev. Bds.) SECTI ON 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 co (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Are Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 a P (Bond 08) 3182 Convention Center 2010 aP Fund (CO) 3289 Park & Rec 2005 a P Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Fbc 2009 GO (Bond 2008) 3292 Park & Fbc 2010 GO (Bond 2008) 3541 areet 2005 aP Rind (GO) 3544 areet 2007A (O P) 3545 areet 2008 Tax Notes 3546 areet 2009 GO (bond 08) 3548 areet 2012 GO a P Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRZONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLJCH &STOTAL 7,758.68 1,185.39 U BRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81, 759.12 13,625.61 STRUT TOTAL 118, 521.66 BOND PROCEEDS TOTAL 164, 518.87 SECTI ON 3 : REVBVUE BON DS 4526 aormWater 2009 (Rev - Bond 2008) 4528 aorm Water 2010A (Rev) 4529 aorm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 O P Fund (Rev. Bds.) 4087 Water 2010 TVVDB - WI F Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BIBs) 3,331.16 621.05 13,152.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37,206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46, 767.30 347.00 278.05 3,850.32 WASTBNATBRTOTAL 4,475.37 REVBV U E BON DS TOTAL 68, 927.94 SECTI ON 4 : SALTY BONDS& OTHER aP 3489 aormWater 2007 A -1 (TM PC 00) 803.45 4246 Wastewater 2007A-1 (TM PC CO) 134.83 3542 areet 2007A-1 a P Fund (TM F -GO) 631.48 3543 areet 2007 -A -1 (TM FC-CO) 1,401.88 TM PC TOTAL 2,971.64 3270 9eawal I O P Fund (2002 Sales Tax Rev. Bds) 353.27 3271 Seawall Sistem OPFund 609.81 S4LE5 TAX BOND TOTAL 963.08 3278 Packery Channel ProjectsTTF#2 1,547.12 3161 Energy Bfncy aP2012 PPF00 2,041.93 3160 City Hall OIP Fund (9.09) 3280 Park a P Fund 51,649.73 3430 Wastewater a P Fund (1,719.83) 3480 aormWater aPFund 1,359.22 3530 areet aP Fund 28,653.80 4080 Water a P Fund 417.73 4510 Wastewater Capital Reserves 4,122.20 GENERIC a P TOTAL 84,473.76 ALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED RJNDS 3530 areet Assessments 166,826.76 SECTION 6: OOfT PRI OR APPROPRI A11 ON S 3125 Bayfront Dev 2008 Tax Notes 3530 areet aP Fund CORRECTION TOTAL Revenue detail - (Fundswith revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving M isc. TXDOT Refund 7/17/07 Contribution - Downtown dean up 3480 Interest Contributions to aid construction 3530 Interest RTA- Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25, 000.00 659.64 28, 857.62 51,649.73 1,359.22 1,359.22 2,153.80 25, 000.00 1,500.00 28,653.80 Page 1 of 3 ORDINANCE AMENDING ORDINANCE NO. 029144 TO REDUCE THE AMOUNT APPROPRIATED OF BOND PROCEEDS INTEREST EARNINGS AND BOND COMPANY SETTLEMENT PROCEEDS TO $459,138.91; REVISING THE AMOUNT OF INCREASE IN FY 2010 -2011 CAPITAL IMPROVEMENT BUDGET EXPENDITURES TO $459,138.91; AMENDING ORDINANCE NO. 029146 TO REDUCE THE AMOUNT APPROPRIATED OF SPECIALTY BOND PROCEEDS INTEREST EARNINGS TO $32,929.58; REVISING THE AMOUNT OF INCREASE IN FY 2010 -2011 CAPITAL IMPROVEMENT BUDGET EXPENDITURES TO $32,929.58;. WHEREAS, City Council passed Ordinance No. 029144 on July 26, 2011 appropriating an amount of $490,548.91 in Bond Proceeds Interest Earnings and Settlement Proceeds; and WHEREAS, the amount appropriated of $490,548.91 was overstated by $31,410.00 in Clean Energy Credits; and WHEREAS, City Council passed Ordinance No. 029146 on July 26, 2011 appropriating an amount of $358,324.41 in Specialty Bond Proceeds; and WHEREAS, the amount appropriated of $358,324.41 was overstated by $325,394.83 in Recovery on Damage Claims; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Sections 1 and 2 of Ordinance No. 029146 are amended as shown: SECTION 1. An amount of $32.929.58 in Specialty Bond Proceeds interest earnings, and from contributions and donations from Texas Military Loan Proceeds, Packer), Channel Tax Increment Financing Bonds, Sales Tax Bonds for the Seawall and Arena, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4, is appropriated for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military- supported projects, and other related projects as determined by the Type A Board. SECTION 2. The FY 2010 -2011 Capital Improvement Budget adopted by Ordinance No. 028995 is changed to increase expenditures by $358,324.44 $32.929.58 SECTION 2. Sections 1 and 2 of Ordinance No. 029144 are amended as shown: SECTION 1. An amount of $490,548.91$459.138.91 in Bond Proceeds interest earnings and bonding company settlement proceeds for Bayfront, Public Health and Safety, Library, Museum, Parks, and Streets in the funds as listed in Ordinance Six Page 2 of 3 Attachment 1, Section 2 is appropriated for the stated bond projects not yet complete, similar projects to be approved by City Council, and for the payment of debt service. SECTION 2. The FY 2010 -2011 Capital Improvement Budget adopted by Ordinance No. 028995 is changed to increase expenditures by 59138.91. SECTION 3. 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 17th day of July, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Ordinance Six Joe Adame Mayor 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 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 Ordinance Six ATTACHMENT ONE Unappropriated Proceeds as of May 31, 2011 SECTION 1: AIRPORT Fund # Description 3020 Airport CIP Fund Grants 3020A IlAirport CIP Fund Capital Reserve 3024 ;Airport 2000A Revenue Bond AIRPORT CIP UNAPPROPRIATED TOTAL: SECTION 2: BOND PROCEEDS Unappropriated Interest/Other 33,387,30 i 678.23 11,851.42 Required Uses City Match for FAA Grant Projects City Match for FAA Grant Projects City Match for FAA Grant Projects GENERAL OBLIGATION (GO)! CERTIFICATES OF OBLIGATION (CO)./ TAX ANTICIPATION NOTES (TN) Fund # Description 3124 Baytront 2007 GO (Bond Issue 2004) 3125 I Bayfront 2008 TN 3126 iflayfront 2009 GO (Bond Issue 2008) 3127 Bayfront 2009 CO (Bond Issue 2004) BAYFRONT UNAPPROPRIATED TOTAL: 3363 Public H & S 2007 GO (Bond Issue 2004) 3371 !Health Dept 2009 GO (Bond Issue 2008) - 3191 Fire 2009 GO (Bond Issue 2008) 3341 1Police 2009 GO (Bond Issue 2008) 3362 :Landfill 2006 Certification of Obligation 3364 Public H & S 2008 TN 3365 Landfill 2008 Certification of Obligation PUBLIC H & S UNAPPROPRIATED TOTAL: 3225 ILibrary 2007 GO (Bond Issue 2004) 3226 ;Library 2009 GO (Bond Issue 2008) LIBRARY UNAPPROPRIATED TOTAL: 3263 IMuseum 2009 GO (Bond Issue 2008) 3289 iPark 2005 GO (Bond Issue 2004) 3290 !Park 2008 TN 3291 Park 2009 GO (Bond Issue 2008) 3292 "Park 2010 GO (Bond Issue 2008) PARKS UNAPPROPRIATED TOTAL: 3541 Street 2005 GO (Bond issue 2004) . _ 3545 ;Street 2008 TN 3546 IStreet 2009 GO (Bond Issue 2008) Road 3547 I Street 2009 CO (Holly oa Overlay) STREETS UNAPPROPRIATED TOTAL: BOND PROCEEDS UNAPPROPRIATED TOTAL: SECTION 3: REVENUE BONDS Unappropriated I nterestlOther 1,440.24 99,357-89 58,504.84 13,037.05 Requirement Staff Recommendation Approved Bond Projects Not Complete 37,947,99 Approved Bond Projects Not Complete Approved Bond Projects Not Complete —142340812 110,930,12 Approved Bond Projects Not Complete 519.48 1249.58 19,74&20 7,857.59 1,441.94 3,60459 24,308.35 58,729.73 19.42 4,021.53 4,040.95 690.10 1,305,44 10,257.48 10,991.46 23,625.12 46,179.48 10,050.56 3,280.94 220,081.47 5,155.58 238,568.53 ----490,548,81,, 459,138.91 Unappropriated Fund # ,Description Interest/Other Ail Projects Complete - Funds Available Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete All Projects Complete - Funds Available Approved Bond Projects Not Complete Approved Bond Projects Not Complete All Projects Complete - Funds Available Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Requirement/ Staff Recommendation ATTACHMENT 1 Page 1 of 3 3480 ;Storm WaterC_IP Fund 54,128.17 I 3492 ;Storm Water 2006 Revenue Bond 389.65 1 4526 Storm Water 2009 Revenue Bond (Bond Issue 2008) 10,009,85 1 4528 'Storm Water 2010 Revenue Bond (Tax Exempt BAB) 5,043.99 1 4529 'Storm Water 2010b Revenue Bond (Taxable BAB) . __ 24,485.52 1 STORM WATER CIP UNAPPROPRIATED TOTAL:1 94,570.58 I t 36.44 1 359.42 1,495.86 1 4525 ;Storm Water 2009 Revenue Bond 4551 Gas 2009 Revenue Bond (Bond Issue 2008) 4554 'Gas 2010b Revenue Bond (Taxable BAB) GAS CIP UNAPPROPRIATED TOTAL:? 4080 iWaterCIP Fund 4090 Water 2006 Revenue Bond 4475 Water 2009 Revenue Bond 4476 Water 2009 Revenue Bond (Bond Issue 2008) 4478 'Water 2010 Revenue Bond (Tax Exempt BAB) 4479 1 Water 2010b Revenue Bond (Taxable BAB) WATER CIP UNAPPROPRIATED TOTAL: j 773,024.48 0.15 217.06 1 4,219.42 1. 306.40 18,249.65 1 800,017.16 3430 Wastewater CIP Fund 5,484.18 4250 Wastewater 2006 Revenue Bond 228.58 4500 1 Wastewater 2009 Revenue Bond 113.42 4501_ j Wastewater 2009 Revenue Bond (Bond Issue 2008) 1 1,576.24 1 4503 ;Wastewater 2010 Revenue Bond (Tax Exempt BAB) 7,014.71 21,736.26 4510 ' Wastewater Capital Reserves 296.70 WASTEWATER CIP UNAPPROPRIATED TOTAL:1 36,450.09 REVENUE BONDS C1P UNAPPROPRIATED TOTAL:1 932,533.69 1 4504 1 Wastewater 2010b Revenue Bond (Taxable BAB) Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year C1P Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP SECTION 4` SPECIALITY BOND PROCEEDS TEXAS MILITARY LOAN (TML) 1 TAX INCREMENT FINANCING (T)) SALES TAX SUPPORTED BONDS/GENERIC CAPITAL IMPROVEMENT PROGRAM FUNDS (CIP) Fund # Description 3489 1Storm Water 2007 TML (North Port) 4086 ', Water 2007 TML (North Port) 4246 1 Wastewater 2007 TML (North Port)_ 3542 ,Street 2007 TML (North Port) 3543 ;Street 2007 TML (NAS AICUZ) TML UNAPPROPRIATED TOTAL 3270 'Seawall Bond Fund 3271 ;Seawall System CIP Fund SALES TAX BOND UNAPPROPRIATED TOTAL: 3278 11Pacirery Channel TIF Fund Unappropriated ' Interest/Other 8,014.62 1 283.80 1 1,239.17 1 3,088.75 5,103.33 17,729.67 876.22 2,353.98 3,230.20 Requirement / Staff Recommendation _Approved Bond Project Not Complete Approved Bond Project Not Complete Approved Bond Project Not Complete Approved Bond Project Not Complete Restricted Fund for Military Projects Administered by Type A Board Administered by Type A Board 339.34 SECTION 4: SPECIALITY BOND PROCEEDS (continued) 3210 , Library CIP Fund 3280 1 Park CIP Fund 3530 _ (Street CIP Fund 3600 Gas CIP Fund GENERIC CIP FUND UNAPPROPRIATED TOTAL: SPECIALITY BOND UNAPPROPRIATED TOTAL: 4,480.95 2,873.47 ,240,3.0 . 2,805,56 36 470 ,0250239 01 1 r ,630.371 32444 I 32,929.58 Approved TIF Project Not Complete Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP ATTACHMENT 1 Page 2 of 3 ATTACHMENT 1 Page 3 of 3 SECTION 5: OLDER BOND FUNDS (ISSUED PRIOR TO 2006) Re . uirement 1 Staff Recommendation Fund # 3359 Description Unappropriated Interest/Other — Public Health & Safety 2004 CO Public H & S 2005 Certificate of Obligation 186.53 Older Fund Recommend Closing 3361 804.26 Older Fund Recommend Closing_ 4084 Water 2002 Revenue Bond 246.56 Older Fund Recommend Closing 3,601.84 Older Fund Recommend Closing_ 4242 Wastewater 1995 State Revolving Fund OLDER BOND FUNDS UNAPPROPRIATED TOTAL: 4,839.19 _ 6: OTHER UNAPPROPRIATED FUNDS Unappropriated Interest/Other —, SECTION Fund # Description — - -- - - -. — Requirement / Staff Recommendation Street Assessments Street Closures 115,838.66 Approved Assessment Projects 301,227.25 _ Approved Assessment Projects OTHER UNAPPROPRIATED FUNDS TOTAL: 417,065.91 —_ Unappropriated Interest/Other 11 1 SECTION 7: INFRASTRUCTURE FUND Acct # Descri . tion -- — _ -- _ Requirement 1 Staff Recommendation 330859 Acushnet Drive 2,651.78 ' Approved Deferred Street Construction 330332 330928 Cimarron Park 8,792.60 A.. roved Deferred Street Construction _ Country Creek #5 9,008.45 A. • roved Deferred Street Construction 330885 Country Creek #3 Coves @ Lago Vista 6,745.12 3,204.30 _ As. roved Deferred Street Construction Approved Deferred Street Construction 330257 330857 Cullen Place 5,408.66 Approved Deferred Street Construction Approved Deferred Street Construction 330765 330785 330913 330854 341040 330889 Drainage Channel 31 228.29 Dunbarton Oaks Homedale Addition Kitty Hawk 33,041.51 Approved Deferred Street Construction 3,199.32 Approved Deferred Street Construction 709.13 Approved Deferred Street Construction Approved Deferred Street Construction Legends of Diamante 361.58 Mariposa Subdivision Navigation Pointe Oso Pkwy _ 15,993.39 Approved Deferred Street Construction Approved Deferred Street Construction 330259 330835 330806 9,748.80 1,868.53 Approved Deferred Street Construction Approved Deferred Street Construction Approved Deferred Street Construction Approved Deferred Street Construction Rancho Las Brisas _ 181.40 330853 Rancho Vista 763.71 341040 RRAH Corpus Christi Saratoga Center Block 1 217.82 2,904.49 330400 droved Deferred Street Construction Approved Deferred Street Construction 330925 Scogin Creek, Unit 5 11,917.17 Shoreline Oaks St. Maria Stella Subdivision 6,291.12 Approved Deferred Street Construction 330903 330388 2,747.90 Apploved Deferred Street Construction 330204 Traffic Congestion University Drive INFRASTRUCTURE FUND TOTAL: 1,470.75 523.64 127,977.46 - Approved Deferred Street Construction 330905 Approved Deferred Street Construction ATTACHMENT 1 Page 3 of 3 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 24, 2012 Consent Agenda Item for the City Council Meeting of July 31, 2012 DATE: 7/16/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo(c�cctexas.com; 361- 826 -3464 Parks and Recreation FY13 new fees CAPTION: Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. PURPOSE: Provide new fees for tournaments or rentals of new or renovated facilities. BACKGROUND AND FINDINGS: With completion of the new fields at Manuel Q. Salinas Park, Southside Sports Complex (Paul Jones) and renovated Greenwood Softball Complex, new fees for tournaments and rental fees need to be established. This will provide the Parks and Recreation department an opportunity to earn additional revenue. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Revenue Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 3,000 3,000 Encumbered / Expended Amount This item BALANCE 3,000 3,000 Fund(s): General Fund Comments: Revenue estimate due to new tournament and rental fees is included in FY2013 budget. RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY13 New Fees — Parks and Recreation Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. Whereas, Section 36 -7 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new user fees, or increase of existing user fees by more than 25 percent, for parks and recreation department facility use; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2012 -13. Section 2. This resolution is effective August 1, 2012. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution 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 resolution. 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 EXHIBIT A FY13 NEW FEES - Parks and Recreation Program Area Current Fee Proposed Fee pill PERCENT CHANGE Salinas Multipurpose Complex: Pavilion Rental per four hours $ - $ 120.00 $ - NEW Youth Rental fee per field per hour $ - $ 40.00 $ - NEW Adult Rental fee per field per hour $ - $ 50.00 $ - NEW Football Youth /Adult Tournament Rentals fee (less than 40 teams) - per day per field $ - $ 250.00 $ - NEW Soccer Youth /Adult Tournament Rentals fee (less than 40 teams) - per day per field $ - $ 250.00 $ - NEW Multiple teams rental fee with more than 40 teams - per day per field $ - $ 150.00 $ - NEW Multiple teams /multiple tourney rental fee with more than 40 teams - per day per field $ - $ 100.00 $ - NEW Greenwood Softball Complex: Multiple teams rental fee with more than 40 teams - per day per field $ - $ 150.00 $ - NEW Multiple teams /multiple tourney rental fee with more than 40 teams - per day per field $ - $ 100.00 $ - NEW Tournament Events: (per team) Basketball $ - $ 150.00 $ - NEW Basketball - Multiple teams $ - $ 125.00 $ - NEW Baseball -18 & up $ - $ 375.00 $ - NEW Baseball - 16 & up $ - $ 375.00 $ - NEW Baseball - 14 & up $ - $ 300.00 $ - NEW Baseball - 12 & up $ - $ 250.00 $ - NEW Baseball - 10 & up $ - $ 200.00 $ - NEW AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: 7/31/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services MikeB(a)cctexas.com 361- 826 -3169 Jim Davis, Director of General Services Jim D(a7cctexas. cam 361- 826 -1909 Robert Rocha, Fire Chief Rrocha(a�cctexas. com 361- 8263932 Unleaded Gasoline and Diesel Purchased at Commercial Locations CAPTION: Motion approving a supply agreement with Stripes LLC, Corpus Christi, Texas for standard gasoline and ultra -low sulfur diesel fuel in accordance with Bid Invitation No. BI- 0194 -12 based on only bid for an estimated annual expenditure of $4,435,881.68. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2011 -2012 and requested for FY 2012 -2013. BACKGROUND AND FINDINGS: The City's Municipal Service Center Fuel Station will be undergoing renovation and will be closed for approximately three (3) months. This supply agreement will provide the required fuel during the renovation period and will provide a contingency plan for fuel during the term of the agreement. This supply agreement will also allow Police and Fire personnel to fill up their respective vehicles at locations that are in close proximity to their assigned areas. This allows for improved response time for emergencies that may arise while servicing the vehicle with fuel. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department and Maintenance Services FINANCIAL IMPACT: Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $6,355,927.00 $4,435,881.68 $10,791,808.68 Encumbered / Expended Amount $3,944,582.93 $0.00 $3,944,582.93 This item $0.00 $4,435,881.68 $4,435,881.68 BALANCE $2,411,344.07 $0.00 $2,411,344.07 Fund(s): General Fund No. 1020 and Maintenance Service Fund No. 5110 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney Jim Davis, Director of General Services Robert Rocha, Fire Chief Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager BID TABULATION NO. BI- 0194 -12 SUPPLY AGREEMENT FOR GASOLINE AND DIESEL FUEL COUNCIL DATE: JULY 31, 2012 BID ITEM 1.1 DESCRIPTION QTY STRIPES LLC CORPUS CHRISTI, TX Unleaded Gasoline to be purchased at Commercial Locations 555,500 2.1 Ultra -Low Sulfur Diesel to be purchased at Commercial Locations 423,400 CONTINGENCY PLAN 3.1 Unleaded Gasoline to be purchased at Commercial Locations 200,000 4.1 Ultra -Low Sulfur Diesel to be purchased at Commercial Locations 300,000 $2.97 $1,649,835.00 $3.03 $1,282,986.68 $2.97 $594,000.00 $3.03 $909,060.00 AWARD TOTAL: $4,435,881.68 NOTE: This tabulation is prepared for evaluation purposes. Unit prices were determined by applying the mark -up /mark -down in relation to the Corpus Christi OPIS prices as of 5/23/12: Unleaded Gasoline / Commercial Locations Diesel Fuel / Commercial Locations CC OPIS Date $2.8900 5/23/2012 $2.9502 5/23/2012 COMMERICAL LOCATIONS Unleaded Gasoline - At the Pump Diesel Fuel - At the Pump C.C. OPIS $2.8900 C.C. OPIS $2.9502 Stripes LLC .08 Stripes LLC .08 City Cost $2.9700 City Cost $3.0302 AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: 7/31/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 m ikeb(a)cctexas. com Jim Davis, Director of General Services (361) 857 -1909 i im d(c�cctexas. com Heavy Trucks CAPTION: Motion approving the lease- purchase of eleven (11) heavy trucks and the purchase of four (4) heavy trucks for the total amount of $1,523,536.00, of which $388,110.00 is required for the remainder of FY 2011 -2012. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0175 -12, based on lowest responsible bid. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease- purchase of the heavy trucks will be provided through the City's lease /purchase financing contractor. Santex Truck Center, LTD San Antonio, TX Items 1, 2, 3, 5, 6, 8, & 9 $1,374,139.00 Grande Truck Center San Antonio, TX Items 4 & 7 $149,397.00 Grand Total: $1,523,536.00 BACKGROUND AND FINDINGS: All 15 heavy trucks are replacement units to the fleet. These heavy trucks will be used by the Street, Gas, Storm Water, Water, and Parks & Recreation Departments. ALTERNATIVES: Award under Section 26 of Council Policies of the City of Corpus Christi's Code of Ordinances. OTHER CONSIDERATIONS: Although Santex Truck Center, Ltd. submitted the bid from their San Antonio office, they will be delivering and servicing the chassis from their Corpus Christi franchise located at 7745 IH -37 in Corpus Christi, TX. Additionally, with the exception of line item 3, all bodies and ancillary equipment will be installed by Truckers' Equipment located at 1501 N. Port Ave., Corpus Christi, TX. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: FISCAL YEAR: Current Year Future Years TOTALS Purchase Lease Purchase Bud et g Purchase 4,542,792.71 4,542,792.71 Lease Purchase 731,013.85 1,216,573.33 1,947,587.18 Encumbered /Expended amount as of 6/12/12 Purchase (3,747,816.04) (3,747,816.04) Lease Purchase (731,013.85) (731,013.85) This Item Purchase (388,110.00) (388,110.00) Lease Purchase 0.00 (1,216,573.33) (1,216,573.33) BALANCE Purchase 406,866.67 406,866.67 Lease Purchase 0.00 0.00 Comments: Funding for the purchase of heavy trucks, in the amount of $388,110.00, is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2011 -2012. Funding for the lease purchase of heavy trucks is requested in the FY 2012 -2013 budget. The trucks will be delivered and paid for in FY 2012 -2013 and, therefore, no funds are required in this fiscal year. Financing for the lease- purchase of heavy trucks is based on a sixty -month term with an estimated interest rate of 2.75% for an annual payment of $243,314.64. The total estimated cost over the five - year period, including principal of $1,135,426.00 and interest of $81,147.33, is $1,216,573.33. Funding is available through the General Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney Jim Davis, Director of General Services Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Troy Riggs, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN (1) BID TABULATION BID INVITATION NO. BI- 0175 -12 HEAVY TRUCKS ITEM DESCRIPTION QTY. UNIT SANTEX TRUCK SAN ANTONIO, UNIT PRICE CENTER, LTD. TX TOTAL PRICE GRANDE TRUCK SAN ANTONIO, UNIT PRICE CENTER TEXAS TOTAL PRICE CORPUS CHRISTI FREIGHTLINER CORPUS CHRISTI, TEXAS UNIT PRICE TOTAL PRICE FREIGHTLINER AUSTIN, TEXAS UNIT PRICE OF AUSTIN TOTAL PRICE 1 2 3 4 5 6 Series HT -4, 33,000 lbs. GVWR, Standard Cab and Chassis, 72 inch CA, with a 5 -7 cubic yard Dump Body. Street Dept. - Lease Purchase Series HT -4, 33,000 lbs. GVWR, Standard Cab and Chassis, 84 inch CA, with a Dutec Asphalt Body or equal. Street Dept. - Lease Purchase Series HT -3, 25,500 lbs. GVWR, Standard Cab and Chassis, 72 to 84 inch CA, with an Altec Flat Bed Body with Tool Boxes and an Altec 57' Rear - Mounted Aerial Manlift Boom Model # LRV58. Parks & Recreation Dept. - Lease Purchase Series HT -3, 25,500 lbs. GVWR, Standard Cab and Chassis, 120 inch CA, with a Stake Bed Body and a Heavy Duty Hydraulic Liftgate. Parks & Recreation Department - Lease Purchase Series HT -5 Crane Truck, 33,000 lbs. GVWR, 168 inch CA, Standard Cab and Chassis, with a 18' Flat Bed Body and a Front - Mounted Crane Rated 36,000 lbs. @ 5 ft. Radius, (National Crane Model # 571 E2 or Altec Crane Model # AC18- 70B). Parks & Recreation Dept. - Lease Purchase Series HT -4, 33,000 lbs. GVWR, Crew Cab and Chassis, 84 inch CA, with Service Body (RKI - E84DW94 or Equal) and a Built -In Hydraulic Power Supply. Water Dept. - Purchase 4 1 1 1 1 2 each each each each each each $84,654 $86,826 $124,425 $76,889 $186,072 $101,989 $338,616 $86,826 $124,425 $76,889 $186,072 $203,978 $102,166 $104,177 NO BID $73,078 NO BID NO BID $408,664 $104,177 $73,078 $84,962 $87,092 $129,162 $82,312 $187,462 $104,562 $339,848 $87,092 $129,162 $82,312 $187,462 $209,124 $90,871 NO BID $132,536 NO BID NO BID NO BID $363,484 $132,536 7 8 9 Series HT -3, 25,500 lbs. 1 GVWR, Crew Cab and Chassis, 102 inch CA, equipped with 3 cubic yard Dump Body. Gas Dept. - Purchase Dump Truck, 56,000 1 GVWR, 108" CT, with 10- 12 cubic yard Dump Body. Storm Water Dept. - Purchase Dump Truck, 56,000 3 GVWR, 108" CT, Standard Cab and Chassis, with 10 -12 cubic yard Dump Body. Street Dept. - Lease Purchase Total Award: each each each $81,472 $107,813 $108,803 $81,472 $107,813 $326,409 $76,319 $118,717 $119,742 $76,319 $118,717 $359,226 $1,374,139 $149,397 Grand Total: $1,523,536 $90,212 $110,062 $111,062 $90,212 $110,062 $333,186 NO BID $112,935 $111,048 $112,935 $333,144 (1) Although Santex Truck Center, Ltd. submitted the bid from their San Antonio office, they will be delivering and servicing the chassis from their Corpus Christi franchise located at 7745 IH -37 in Corpus Christi, TX. Additionally, with the exception of line item 3, all bodies and ancillary equipment will be installed by Truckers' Equipment located at 1501 N. Port Ave., Corpus Christi, TX. AGENDA MEMORANDUM Action Item for the City Council Meeting of July 31, 2012 DATE: TO: 7/18/12 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Application for a Department of Homeland Security- Staffing for Adequate Fire and Emergency Response (SAFER) Grant. CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 34 firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. PURPOSE: Currently, the Fire Department has 34 positions vacant through attrition. The Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program is a competitive grant program designed to provide financial assistance to help fire departments increase frontline firefighters, rehire firefighters that have been laid off, retain firefighters facing imminent layoffs, or fill positions that were vacated through attrition. • The SAFER grant will provide 100% funding for approved entry-level salaries and fringe benefits of full - time firefighters for 24 months of grant funding. • There is no local match required for the SAFER Grant; however grant funding requests must be based on the current full -time entry level salary and fringe benefits package for a firefighter. • Grantees under the SAFER Grant who layoff any firefighters during the two -year period of performance will be considered in default of their grant and the award will be terminated. • Grantees under the SAFER Grant must agree to maintain the funded positions as well as the number of positions declared at the time of the award throughout the two -year period of performance unless the grantee has been afforded a waiver of this requirement. • This grant will not add more positions to the department's current approved staffing level. ALTERNATIVES: If we don't apply for the grant, we will have to fund current vacancies through the City's General Fund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. 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 — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable ❑ 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: After two years the City will have to pick up the salaries and fringe benefits of the 34 firefighters. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Grant Application Resolution Approvals: Joseph Brice, Assistant City Attorney Constance P. Sanchez, Director of Finance Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Page 1 of 2 Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 34 additional firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. 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 submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) to hire 34 additional firefighters within the Fire Department. Section 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. Section 3. In the event of the loss or misuse of the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program funds, the City of Corpus Christi assures that the funds will be returned to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) in full. ATTEST: 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 AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 3, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a cctexas.com 361- 886 -2603 Motion rescinding a software interface to Starlims and approving purchase of a software interface from Intergraph Corporation CAPTION: Motion rescinding the approval to purchase an interface for the Laboratory Information Management System (LIMS) and !Leads from STARLIMS Corporation of Hollywood, Florida and awarding the purchase of an interface for the Laboratory Information Management System (LIMS) and !Leads from Intergraph Corporation, Chicago, Illinois for a total expenditure of $73,625. Funds are available through the Coverdell Forensic Science Improvement Grant program and Municipal Information Systems. BACKGROUND AND FINDINGS: On March 27, 2012, via Motion No. M2012 -064, City Council approved an award for the purchase of a software interface with the Police Forensic Services' LIMS to Starlims Corporation. The recommendation in the agenda memorandum inadvertently named the awardee as Starlims Corporation, the manufacturer of the existing system, instead of Intergraph Corporation, which will be the company developing the required interface. The purpose of this agenda item is to correct the name of the awardee from Starlims Corporation to Intergraph Corporation. The Forensic Services Division of the Corpus Christi Police Department purchased the LIMS under the 2010 Coverdell Grant which provides for the collection, manipulation, storage and retrieval of information to determine how efficiently and effectively the laboratory is operating. This purchase will provide for the necessary interface between LIMS and !leads. Future support and maintenance costs will be requested in subsequent budget years. This is an expansion of a system already in use by the Health Department. Utilizing the same system allows for shared functional and technical resource support and reduces the costs associated with purchasing a new system ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city financial policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: MIS Legal Grants FINANCIAL IMPACT: Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 73,625 13,975 87,600 BALANCE 73,625 13,975 87,600 Fund(s): General, Police Grants Fund Comments: RECOMMENDATION: Approval of the purchase. LIST OF SUPPORTING DOCUMENTS: iNTERG March 5, 2012 A City of Corpus Christi, Texas Mr. Philip Sepaugh Interim IT Program Coordinator 321 John Sartain Street Corpus Christi, TX 78401 Subject: LIMS Interface Dear Mr. Sepaugh: Intergraph Corporation Security, Government & Infrastructure P.O. Box 240000, Huntsville AL 35813 Phone: 256 - 730 -2000 http://publicsafety.intergraph.com Per Corpus Christi, Texas' request (hereafter "City "), Security, Govemment and Infrastructure a Division of Intergraph Corporation (hereafter "Intergraph ") is pleased to provide this Quote and below Statement of Work (SOW) to provide an interface to the Laboratory Information System (LIMS). Statement of Work Description Intergraph will create an import of incident attachments and supplemental information. Supplemental information may include a narrative, property items, vehicles, names, or charges. This interface is for evidence and should primarily be sending the narrative, attachments (forensics reports), property items, and vehicles (when they are evidence). Names and charges should already be associated with the incident from the officer's original report or supplemental report. This import would run on a scheduled basis and monitor a shared directory for .pdf files to be attached to an incident. These files will either be single files named with information identifying the incident they are associated with OR will be an .xml formatted file that contains incident and optional supplemental information along with a tag for the a .pdf file name. In the case of .xml files, a supplement to the identified incident will be created and the referenced pdf file will be attached to the new supplement. The LIMS vendor (STARLIMS) will not update the I /LEADS database directly. If adding attachments directly to the incident (without a supplement) then no data fields in the incident will be updated. If adding a supplement with or without an associated attachment, then only data fields in the supplement will be updated and only those fields that currently exist in the City I /LEAD system. Intergraph will create a web service that can be used by the LIMS vendor to create a property voucher and associated property records in I /LEADS. This web service would accept a NEW request from the LIMS system with xml formatted data that would identify the case and voucher information along with records for each piece of property on the voucher. The xml file must contain at least the I /LEADS minimum required data for creating a voucher and property records but could contain any appropriate data for creating a voucher and the associated property records as they exist in the version of I /LEADS installed at Corpus Christi. The web service will return to the LIMS system the property IDs for the requested pieces of property. Intergraph shall: 1) Provide single point of contact during project 2) Create an import of incident attachments and supplemental information as described above City shall: 1) Provide single point of contact during project 2) Confirm the installation of interface 3) Provide 24/7 VPN access (with login /password) Project Deliverables • Remote configuration and implementation • I /LEADS Web Service Interface — Property Records • I /LEADS Import Interface — Incidents and Supplemental information Assumptions • All services are remote • It is assumed that no additional fields will need to be added to I /LEADS to support this interface (with the possible exception of a LIMS ID for each piece of property). • The LIMS system will send I /LEADS picklist values for any field that uses picklist data entry and that all values sent will conform to I /LEADS data types and sizes Acceptance Criteria The interface shall be considered accepted with either written acceptance by the City, or within ten (10) calendar days following installation, whichever comes first. Schedule Scheduling of Intergraph training /services will occur: (i) upon receipt of this executed document, (ii) receipt of City's purchase order (if applicable), and (iii) City has no past due payments to Intergraph. Intergraph and the City will determine a mutually agreeable schedule for completion of the deliverables as described in this SOW. Price Pricing for this quote is in accordance with Intergraph quotation number CorpusChristi_LIMS Interface_$Q020112Ips1$.pdf which is provided as an attachment. This purchase is for project implementation services and custom interface software. Estimated first year maintenance has been included; actual maintenance will be quoted to City by Intergraph Maintenance Contracts upon shipment based on maintenance renewal date. Intergraph will update the City maintenance contract to reflect the new interfaces upon receipt of this signed document. Payment and Acceptance Terms Payment for this SOW will be due upon completion of the payment milestones set forth below. The terms of payment shall be net thirty (30) days from the date of invoice. An interest charge of two percent (2 %) per month (or the maximum amount allowed by law, whichever is less), prorated on the basis of a thirty (30) day month, will be assessed on delinquent payments. Page 2 of 22 Payment Milestone Upon execution of this SOW. Upon City's written acceptance that the services have been successfully completed.. Intergraph will submit the invoice(s) to: City of Corpus Christi, Texas Mr. Philip Sepaugh Interim IT Program Coordinator 321 John Sartain Street Corpus Christi, TX 78401 Please reference Attachment A -4 for Intergraph Remittance October 1, 2011. Please indicate your acceptance of this quote by your questions or require further information, please scott.pallack @intergraph.com. Payment Percentage i 50% 50% Instructions, which are updated and became effective signature on the following page. If you have any contact Scott Pallack at 954.415.7157 or Page 3 of 22 Approval Signatures By the signatures below, the City accepts the enclosed quote and agrees that the work to be performed is governed by the terms and conditions noted above and in Attachment A -1. Additionally, we agree that signatures by facsimile will be deemed to be an original signature and effective upon receipt by the other party. Authorized Intergraph Signature: i Name: Williams, Director, U.S. Sales Accounting Signatu =fit ;i Date: Authorized City Signature: Signature: City: Please check the appropriate box: A Purchase Order Will Not be issued. City signature above constitutes notice to Intergraph to proceed with this Statement of Work. A Purchase Order Will be issued and shall contain the following statement: This Purchase Order is issued in accordance with the Terms and Conditions contained in Intergraph's Statement of Work. This signed document, together with a Purchase Order, will be sent to the following address. For US Mail Delivery: For Shipping /Delivery including Overnight Services: Intergraph Corporation Attn: Doug Hawkins P.O. Box 240000 Huntsville, AL 35813 Intergraph Corporation Attn: Doug Hawkins 19 Interpro Road Madison, AL 35758 Page 4 of 22 Attachment A -1: Terms & Conditions Ownership in Data/Computer Software All computer software related deliverables (data, programs, or program enhancements) prepared under this SOW shall be the property of Intergraph and shall be licensed to the City pursuant to Intergraph's current End User Software License Agreement. Maintenance For any new purchases of Intergraph software described in this SOW, the City shall be responsible for placing the newly purchased software under maintenance following expiration of the applicable warranty period. If the software is not placed under maintenance, the cost of development and services required to migrate the current functionality to the new version will be added to all future system upgrades. Enhancements to this software are not provided under the maintenance agreement. For any software version upgrades described in this SOW, this upgraded software is provided at no cost to the City under the general terms of the Intergraph maintenance agreement. This maintenance agreement must be in effect and current before any scheduling or related work will occur. Warranty For any new software purchased as a part of this SOW, the following warranty applies. This warranty does not apply to software that is already covered under a paid maintenance agreement. Intergraph software is warranted to substantially conform to the user documentation, free from defects in material and workmanship for a period of thirty (30) days from installation. INTERGRAPH DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, EXCEPT THOSE SPECIFICALLY STATED ABOVE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION AND /OR LIABILITY OF INTERGRAPH. Disclaimer IN NO EVENT WILL INTERGRAPH BE LIABLE TO THE CITY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR DELIVERABLES PROVIDED UNDER THIS SOW, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS SOW FROM ANY CAUSE SHALL NOT EXCEED TWO TIMES THE VALUE OF THIS SOW. Infringement In the event of any proceeding against the City arising from allegations that the deliverables or services furnished by Intergraph infringes U.S. patent, copyright, trade secret, or other proprietary right of any third party, Intergraph will, if such allegation is not a result from modifications made by the City, defend or settle such proceeding, at Intergraph's expense, provided the City promptly notifies Intergraph in writing and grants Intergraph full authority to defend and settle such proceeding. Intergraph shall make such defense by counsel of its own choosing and the City shall cooperate with said counsel. Page 5 of 22 Force Majeure Neither party shall be deemed to be in default of any provision of this SOW or be liable for any delay, failure in performance, or interruption of service resulting from acts of war, acts of terrorism, acts of God, acts of civil or military authority, civil disturbance, or any other cause beyond its reasonable control. Taxes Prices are exclusive of all federal, state or local sales, use, property, gross receipts, value added or similar taxes based upon amounts payable to Intergraph pursuant to this SOW ( "Taxes "). Such Taxes, however do not include franchise taxes or taxes based on net income. The City agrees to pay Intergraph any applicable Taxes or provide Intergraph documentary evidence of an appropriate statutory exemption. Governing Law This SOW shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas. Place of Performance The City agrees to provide appropriate work place accommodations, computer equipment, software, and necessary access for Intergraph personnel. Insurance Intergraph will comply with insurance requirements set forth in Attachment A -2. Entire Agreement These terms and conditions, the Intergraph quotation, together with any attachments hereto, constitute the entire agreement between the parties with respect to the subject matter hereof; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. Page 6 of 22 NT Attachment A -2: Insurance Requirements INSURANCE REQUIREMENTS INTERGRAPH'S LIABILITY INSURANCE Intergraph must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Intergraph must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. Intergraph must fumish to the City's Risk Manager two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation is required on all certificates or by policy endorsement(s) COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury Bodily Injury and Property Damage $1,000,000 COMBINED SINGLE LIMIT Per occurrence /aggregate ELECTRONIC PROFESSIONAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT per Coverage provided must cover officers, directors claim /aggregate employees and agents 1. ERRORS AND OMMISIONS In the event of accidents of any kind related to this agreement, Intergraph must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. II. ADDITIONAL REQUIREMENTS A. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence or claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. B. Contractor agrees that with respect to the above required insurance, all will be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability policy; Page 7 of 22 • Provide notice directly to City of any suspension, cancellation, non - renewal or material change in coverage. Within thirty (30) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. 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. 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. 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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 8 of 22 • A • Attachment A-3: Project Deliverable Sign Off Form PROJECT DELIVERABLE SIGN OFF FORM CUSTOMER NAME, ANYWHERE USA — PROJECT NAME Submission Date: Month/Day/Year j Sign-Off Target Date: ...„ Submitted By: Intergraph Contact Name I Submitted To Customer Contract #: Customer Contract Number : Customer/Project #: TYPE OF DELIVERABLE p SOW Tasks fl Payments DELIVERABLE DESCRIPTION THIS SECTION DESCRIBES THE DELIVERABLE Month/Day/year Customer Contact Name Intergraph Project Number n Plans/Designs E] Training DELIVERABLE INFORMATION SAMOUNT OF PYMT (If applicable} 0 With the deliverable described above complete, the Customer shall have five (5) working days to either sign-off that the deliverable has been met or state in writing to Intergraph the reason the deliverable has not been met_ Sign-off of the delivera ble shall be based solely upon the deliverable meeting the requirements stated in the Agreement between Intergraph and CUSTOMER NAME dated Month/Day/Year and shall be indicated by the Customer signing the Project Deliverable Sign-off Form, If the Customer does not provide such sign•off or rejection within the five day working period then the deliverable will be deemed to have been signed off. The signature below acknowledges that the deliverable described in the Agreement and listed above meets all of the appropriate criteria and supersedes all prior requirements for this item. Customer acknowledges completion of this payment milestone according to the Contract Payment Milestone Schedule and provides authorization to invoice this milestone. SIGNATURE Authorized Customer Representative Customer Contact Name Page 9 of 22 DATE Attachment A -4: Intergraph Corporation SGI Division Remittance Instructions Effective October 1, 2011 International U.S. Dollars Wire Transfer from Banks Outside of the United States: Pay To: SWIFT Code: ESSEUS33 Bank: SEB (Skandinaviska Enskilda Banken), New York, NY, USA Account Name: Intergraph Corporation SGI Division Account Number: 00007583 Intermediary Bank Information: SWIFT Code: IRVTUS3N Bank Name: Bank of New York Mellon, New York, NY Domestic Wire Transfer from U.S. Banks: ABA Number: 021000018 Bank Name: Bank of New York Mellon, New York, NY Favor Of: Bank: SEB (Skandinaviska Enskilda Banken), Account Number 890 043 9688 For further credit to: Intergraph Corporation SGI Division, Account Number 00007583 EFT Receipts via Automated Clearing House (ACH): Account Number: 1030429611 Company Name: Intergraph Corporation SGI Routing Number: 043000096 Beneficiary Bank name: PNC Bank N.A. Address: Pittsburgh, PA 15222 Phone #1 - 877 - 824 -5001, Opt 1 and Opt 3 Contact: Lockbox Group, Product Client Services Checks: Send your prepay check or remit payment upon receipt of invoice by regular US Mail to: Intergraph Corporation SGI Division 7104 Solution Center Chicago, IL 60677 -7001 If you have questions regarding the accompanying invoice or new remittance instructions, please call Cathy Simpson at 1- 256- 730 -8403 or Kim Johnson at 256- 730 -2130. INTERGRAPH CONTACT FOR ALL PAYMENT NOTICES: Cathy.Simpson @intergraph.com Security, Govemment, & Infrastructure 19 Interpro Road Madison, AL 35758 -0015 Phone: 256.730.2000 www.intergraph.com TIN: 63-0573222 Correspondence Only: PO Box 240000 Huntsville, AL 35813 Page 10 of 22 iNTERG Attachment A -5: End User License Agreement IMPORTANT —READ CAREFULLY: This End -User License Agreement for Intergraph Corporation ( "EULA ") is a legal agreement by and between "you" (either an individual or a single legal entity) and Intergraph Corporation d /b /a the Security, Government and Infrastructure division of Intergraph ( "Intergraph ") for the Intergraph software product(s) ( "SOFTWARE PRODUCT ") delivered with this EULA, which includes the computer software, object code copy, and all of the contents of the files, disk(s), CD- ROM(s) or other media with which this EULA is provided, including any templates, printed materials, and online or electronic documentation, all copies, and any modified versions, fixes, patches and Updates of the SOFTWARE PRODUCT, if any, licensed to you by Intergraph. Any software, including, without limitation, any modified versions, fixes, patches and /or Updates provided along with the SOFTWARE PRODUCT that is associated with a separate end -user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA, which shall take precedence over any other document and shall govern your use of the SOFTWARE PRODUCT, unless you have a signed license agreement with Intergraph that specifically addresses the licensing of the SOFTWARE PRODUCT, in which case the signed license agreement shall take precedence and shall govem your use of the SOFTWARE PRODUCT. You agree that this EULA is enforceable against you the same as any written, negotiated contract signed by you. If you do not agree to the terms of this EULA, you are not authorized to, and you shall not, download, install or use the SOFTWARE PRODUCT. 1. DEFINITIONS. As used in this EULA, the following terms are defined as follows and other capitalized terms set forth in this EULA shall have the meaning ascribed to them in this EULA: 1.1 "Primary License" means the license(s) of the SOFTWARE PRODUCT provided to you for general production use as authorized by this EULA. 1.2 "READ -ME file" means a computer text file that contains information a User may need to install or operate a SOFTWARE PRODUCT program. 1.3 "Supplementary License" means a license(s) of the SOFTWARE PRODUCT which is made available by Intergraph for select SOFTWARE PRODUCTS to augment Primary Licenses for special purposes. Each Supplementary License requires a Primary License and the term of the Supplementary License shall not exceed the term of the applicable Primary License. 1.4 "System" means any collection of your computers sharing a single licensing server or a set of redundant licensing services. 1.5 "Update" means any Upgrade, modified version, fix, patch and/or update of the SOFTWARE PRODUCT. 1.6 "Upgrade" means each new release of the SOFTWARE PRODUCT. Upgrades require a full installation and may be provided with a separate EULA. The EULA delivered with the Upgrade will supersede any EULA associated with prior releases of the SOFTWARE PRODUCT. 1.7 "User" means you or any individual authorized by you to use the SOFTWARE PRODUCT pursuant to the terms and conditions of this EULA. A User may also include your contractor who requires temporary use of the SOFTWARE PRODUCT to provide services on your behalf. 1.8 "XML Files" means the XML (Extensible Markup Language) files generated by the SOFTWARE PRODUCT, where applicable. 1.9 "XSL Stylesheets" means the XSL (Extensible Stylesheet Language) presentation of a class of XML Files which, when included with the SOFTWARE PRODUCT, describe how an instance of the class is transformed into an XML (Extensible Markup Language) document that uses the formatting vocabulary. 2. LICENSE GRANT. Provided you are not in breach of any term or condition of this EULA, Intergraph hereby grants you a limited, non - exclusive license to install and use the SOFTWARE PRODUCT, in object code form only, strictly for your internal use and strictly in accordance with this EULA. The license is non - transferable, except as specifically set forth in this EULA. You assume full responsibility for the selection of the SOFTWARE Page 11 of 22 PRODUCT to achieve your intended results, and for the installation, use and results obtained from the SOFTWARE PRODUCT. 2.1 Minimum Requirements. The SOFTWARE PRODUCT may require your System to comply with specific minimum software, hardware and /or Internet connection requirements. The specific minimum software, hardware and /or Internet connection requirements vary by SOFTWARE PRODUCT and per type of license and are available from Intergraph upon request. 2.2 License Type and Mode. SOFTWARE PRODUCTS are licensed as either Primary Licenses or Supplementary Licenses. There are six (6) types of Supplementary Licenses as described below. Depending on your license, a license may be used in either Concurrent -Use mode or Node - Locked mode. The license type and mode for the SOFTWARE PRODUCT you subscribed to or obtained will be designated (per the abbreviations set forth below) in the product description set forth on the proposal, quote or packaging provided with the SOFTWARE PRODUCT, and, if an electronic license manager tool is incorporated in the SOFTWARE PRODUCT, verified by the Intergraph license system. If not otherwise indicated, your license type and mode will be a Node - Locked Primary License. Each license of the SOFTWARE PRODUCT is subject to the terms of this EULA. 2.2.1 Concurrent -Use mode (CC) allows for the checking in and checking out of the total available licenses of the SOFTWARE PRODUCT for Users. At any point, you may run as many copies of the SOFTWARE PRODUCT as you have licenses. If the SOFTWARE PRODUCT is enabled to be run in a disconnected mode, as set forth in the READ -ME file, a User may check out a license from the System for mobile or home use, thus reducing the total number of licenses available in the license pool until the license is checked back in to the System. If the SOFTWARE PRODUCT is not enabled to be run in a disconnected mode, the mobile or home computer will require a Node - Locked License. If the anticipated number of Users of the SOFTWARE PRODUCT will exceed the number of applicable licenses, and in the absence of a license manager tool incorporated in the SOFTWARE PRODUCT, you must use a reasonable mechanism or process to assure that the number of persons using the SOFTWARE PRODUCT concurrently does not exceed the number of licenses. 2.2.2 Node - Locked mode (NL) allows a single copy of the SOFTWARE PRODUCT to be stored on hard disk and loaded for execution on a single designated workstation, or, for software designed for use on a handheld device, for execution on a single designated handheld device. 2.2.3 Supplementary Licenses are described below: (a) Backup License (BCK) is licensed solely for "cold standby" when manual switchover of the SOFTWARE PRODUCT to the Supplementary License is required in the event of failure of the Primary License. (b) Developer's License (DEV) is a license of a Web -based SOFTWARE PRODUCT that is delivered solely in connection with the Primary License of such SOFTWARE PRODUCT for the purposes of developing and testing your website built only with the SOFTWARE PRODUCT. Developer's Licenses shall not be used for production purposes (i.e. a fully deployed website). (c) Load Balancing License (LOB) is a license of a Web -based SOFTWARE PRODUCT solely for use as a second or successive license on a web cluster to balance the load with the Primary License. (d) Redundant License (RDT) is licensed solely for "hot standby" when automatic switchover of the SOFTWARE PRODUCT to the Supplementary License is required in the event of failure of the Primary License. (e) Test License (TST) is licensed solely for testing purposes. However, Intergraph also allows a Test License to be used to conduct no -cost training on test servers for a maximum of thirty (30) days per year. Page 12 of 22 iNTERG (f) Training License (TRN) is licensed solely for training purposes. 2.3 Updates. If the SOFTWARE PRODUCT is an Update to a previous version of the SOFTWARE PRODUCT, you must possess a valid license to such previous version in order to use the Update. The SOFTWARE PRODUCT and any previous version may not be used by or transferred to a third party. All Updates are provided to you on a license exchange basis and are subject to all of the terms and conditions of the EULA provided with the latest version of the SOFTWARE PRODUCT. By using an Update, you (i) agree to voluntarily terminate your right to use any previous version of the SOFTWARE PRODUCT, except to the extent that the previous version is required to transition to the Update; and (ii) acknowledge and agree that any obligation that Intergraph may have to support the previous version(s) of the SOFTWARE PRODUCT will end upon availability of the Update. If an Update is provided, you will take prompt action to install such Update as directed by Intergraph. If you fail to do so, you acknowledge that the SOFTWARE PRODUCT may not work correctly or that you will not be able to take advantage of all of the SOFTWARE PRODUCT's available features. In such event, Intergraph will not be liable for additional costs you incur as a result of your failure to install such Update. 3. RIGHTS AND LIMITATIONS. Please see specific exceptions and additional terms related to GeoMedia Viewer Software, Beta Software, Evaluation Software, and Educational Software set forth at the end of this EULA. 3.1 THE FOLLOWING ARE PERMITTED FOR YOUR LICENSE: 3.1.1 You may make one copy of the SOFTWARE PRODUCT media in machine readable or printed form and solely for backup purposes. Intergraph retains ownership of all User created copies. You may not transfer the rights to a backup copy unless you transfer all rights in the SOFTWARE PRODUCT and license as provided for in Section 3.1.2. 3.1.2 You may transfer the SOFTWARE PRODUCT and license within your company (intra- company transfer), subject to the Intergraph Security, Govemment & Infrastructure Software Transfer Policy ( "SG &I Software Transfer Policy ") and the terms of this EULA. The SG &I Software Transfer Policy is available from Intergraph upon request. If you transfer the SOFTWARE PRODUCT, you must at the same time either transfer all copies, modifications, or merged portions, in whatever form, to the same party, or you must destroy those not transferred. 3.1.3 For a SOFTWARE PRODUCT intended for use on Web -based systems: (a) You may run multiple Web applications with a single license. (b) You may distribute client side web page plug -ins (e.g. ActiveX controls, Java applets) to Users. (c) You may load this SOFTWARE PRODUCT on multiple machines within a hardware cluster that is acting as a single web server, provided you have obtained the applicable number of Load Balancing Licenses from Intergraph and the total number of map servers deployed do not exceed the quantity licensed. (d) You may only use the Developer's License for development and testing of your website. 3.1.4 Unless otherwise stated in the READ -ME file, you may only copy and distribute the Java script source files to support the SOFTWARE PRODUCT's output vector map type and your associated websites, and you may prepare derivative works solely for your internal use. 3.1.5 Unless otherwise stated in the READ -ME file, for SOFTWARE PRODUCTS which contain XSL Stylesheets for presenting XML Files, you may only use the XSL Stylesheets and derivative works thereof for the purpose of presenting XML Files and derivative works thereof (collectively, "XML Products ") for your enterprise. You may not distribute the XSL Stylesheets or XML Products on a stand -alone basis. XSL Stylesheets may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material, or any material that infringes upon any third party intellectual property rights, or otherwise in any illegal manner. All XSL Stylesheets supplied with the SOFTWARE PRODUCT are and will remain the property of Intergraph. Page 13 of 22 Unless otherwise stated in the READ -ME file, for SOFTWARE PRODUCTS that are delivered with a public Application Programming Interface ( "API ") and/or configuration set -up, you may use the API and /or configuration set -up to customize and /or configure the SOFTWARE PRODUCT, but only to the extent permitted by the API and /or configuration set -up. You hereby agree to assign to Intergraph (without the need for any additional approval or documentation) any and all rights (if any) you have or obtain in any such customization and /or configuration. Intergraph does not make any representations or warranties with respect to such customization and /or configuration and to the maximum extent permitted by applicable law, Intergraph and its suppliers disclaim all warranties, either express or implied, relating to such customization and /or configuration, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, high risk use and non - infringement. Your use of such customization and /or configuration is solely at your own risk, and you hereby agree to indemnify and hold harmless Intergraph and its suppliers with respect to such customization and /or configuration. You shall not sell, rent, license, lease, lend or otherwise transfer any such customization and /or configuration, except pursuant to an intra- company transfer and per the terms and conditions of this EULA. 3.1.6 You are responsible, and bear the sole risk, for backing up all systems, software, applications, and data, as well as properly using the SOFTWARE PRODUCT. 3.1.7 At all times, you must keep, reproduce and include all copyright, patent, trademark and attribution notices on any copy, modification or portion of the SOFTWARE PRODUCT, including, without limitation, when installed, used, checked out, checked in and /or merged into another program. 3.2 THE FOLLOWING ARE PROHIBITED FOR YOUR LICENSE: 3.2.1 You may not sell, rent, license, lease, Tend or otherwise transfer the SOFTWARE PRODUCT, or any copy, modification, or merged portion thereof, to another company or entity (i.e. inter- company transfer) or person. Any such unauthorized transfer will result in automatic and immediate termination of the license. 3.2.2. You may not, and you may not authorize anyone else to, decompile, disassemble, or otherwise reverse engineer the SOFTWARE PRODUCT. 3.2.3. You may not, and you may not authorize anyone else to, work around any technical limitations in the SOFTWARE PRODUCT. 3.2.4 You may not, and you may not authorize anyone else to, publish the SOFTWARE PRODUCT for others to copy or use. 3.2.5 You may not, and you may not authorize anyone else to, use, copy, modify, license or transfer the SOFTWARE PRODUCT, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this EULA. 3.2.6 You may not, and you may not authorize anyone else to, re -use the component parts of the SOFTWARE PRODUCT with a different software product from the one you are licensed to use or on different computers. The SOFTWARE PRODUCT is licensed as a single product. 3.2.7 You may not, and you may not authorize anyone else to, circumvent any license mechanism in the SOFTWARE PRODUCT or the licensing policy. 3.2.8 You may not, and you may not authorize or allow anyone else to, use or view the SOFTWARE PRODUCT for any purposes competitive with those of Intergraph. 3.2.9 You may not, and you may not authorize anyone else to, use the SOFTWARE PRODUCT except as expressly set forth in this EULA. 3.2.10 For desktop software that is Node- Locked: (a) You may not run the SOFTWARE PRODUCT for Web applications. (b) You may not allow the SOFTWARE PRODUCT to be used by multiple Users on a single workstation at the same time. Page 14 of 22 iNTERG 3.2.11 You may not, and you may not authorize or allow anyone else to, use the Developer's License for production purposes (i.e., a fully - deployed website). 3.2.12 You may not, and you may not authorize or allow anyone else to, publish to a third party any results of benchmark tests run on the SOFTWARE PRODUCT. The sample and demo data set(s) and related script(s) delivered with some SOFTWARE PRODUCTS (the "Sample Data ") are provided solely for the purpose of inbtructing the User on how to use the SOFTWARE PRODUCT with which the Sample Data are delivered. The Sample Data are licensed in conjunction with the SOFTWARE PRODUCT and are not to be redistributed, licensed, sold, transferred, used or otherwise dealt with in a production solution without Intergraph's prior written consent. 3.2.13 You may not, and you may not authorize anyone else to, use the SOFTWARE PRODUCT outside the country in which it is licensed without the prior written consent of Intergraph. 3.2.14 The SOFTWARE PRODUCT is not one hundred percent (100 %) fault - tolerant. The SOFTWARE PRODUCT is not designed or intended for use in any situation where failure or fault of any kind of the SOFTWARE PRODUCT could lead to death or serious bodily injury of any person, or to severe physical, property or environmental damage ( "High Risk Use "). You are not licensed to use the SOFTWARE PRODUCT in, or in conjunction with, any High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices. You hereby agree not to use the SOFTWARE PRODUCT in, or in connection with, any High Risk Use. 3.3 Indemnification by You. You agree to hold harmless and indemnify Intergraph for any causes of action, claims, costs, expenses and /or damages resulting to Intergraph from a breach by you or any User of any of the limitations or prohibited actions set forth in this EULA. 4. TERM. This EULA is effective until terminated or until your software subscription expires without being renewed. You may terminate this EULA at any time by permanently destroying the SOFTWARE PRODUCT together with all copies, modifications and merged portions in any form. Intergraph may also immediately terminate this EULA if you fail to comply with the terms and conditions of this EULA, or if you fail to pay the appropriate license or subscription fee(s). You agree upon the earlier of the termination of this EULA or expiration of your software subscription to cease using and to permanently destroy the SOFTWARE PRODUCT (and any copies, modifications and merged portions of the SOFTWARE PRODUCT in any form, and all of the component parts of the SOFTWARE PRODUCT). 5. AUDIT. Intergraph shall have the right, during your normal business hours, to audit your use of the SOFTWARE PRODUCT and your compliance with the provisions of this EULA. Intergraph will provide you with thirty (30) days prior written notice of an audit. The right of audit shall be limited to twice per calendar year. Prior to the start of an audit, Intergraph's personnel will sign a reasonable non - disclosure agreement provided by you. During the audit, you shall allow Intergraph's personnel to be provided reasonable access to both your records and personnel. The cost of the audit shall be paid by Intergraph unless the results of the audit indicate that you have underpaid fees to Intergraph, in which case, you agree to promptly pay Intergraph such fees at the price previously agreed to for the SOFTWARE PRODUCT license or software subscription plus interest on such underpayments from the original due date at the lesser of two percent (2 %) per month or the highest rate allowed by applicable law, and you further agree to bear all costs associated with the audit. 6. INTELLECTUAL PROPERTY 6.1 Ownership 6.1.1 Software. ALL SOFTWARE PRODUCTS ARE PROPRIETARY PRODUCTS OF INTERGRAPH AND ADDITIONAL THIRD PARTIES, AND ARE PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATIES. TITLE TO SOFTWARE PRODUCTS AND ALL COPIES, MODIFICATIONS AND MERGED PORTIONS OF A SOFTWARE PRODUCT SHALL AT ALL TIMES REMAIN WITH INTERGRAPH AND SUCH THIRD PARTIES. SOFTWARE PRODUCTS are licensed, not sold pursuant to this EULA. Intergraph and additional third parties retain all Page 15 of 22 right, title and interest in and to all SOFTWARE PRODUCTS, including, but not limited to, all Intellectual Property rights in and to each SOFTWARE PRODUCT. All rights not expressly granted to you by this EULA or other applicable third party software license agreement or terms and conditions are reserved by Intergraph and such third parties. 6.1.2 Intellectual Property. You acknowledge and agree that Intergraph and third party manufacturers, as applicable, own all rights in and to Intergraph's and the applicable third party manufacturer's trade names, and no right or license is granted to you pursuant to this EULA to use such trade names. You also acknowledge and agree that Intergraph and third party manufacturers, as applicable, own all right, title and interest in and to all intellectual property relating to and for the SOFTWARE PRODUCT, including, without limitation, patents, trademarks, copyrights, inventions (whether registerable or not), trade secrets, concepts, ideas, methods, techniques, formulae, algorithms, logic designs, screen displays, schematics, and source and object code computer programs (collectively, "Intellectual Property "). If you bring a patent claim against Intergraph or any third party manufacturer over patents you claim are being infringed by the SOFTWARE PRODUCT, your patent license from Intergraph and any applicable third party manufacturer(s) for the SOFTWARE PRODUCT automatically ends. 6.2 Intellectual Property Infringement. 6.2.1 Remedy by Intergraph. In the event the SOFTWARE PRODUCT is, in Intergraph's opinion, likely to or becomes the subject of a claim of infringement of any duly issued U.S. Intellectual Property or other proprietary rights of a third party, Intergraph may, at its sole option and expense (a) procure for you the right to continue using the SOFTWARE PRODUCT; (b) modify the SOFTWARE PRODUCT to make it non - infringing, but functionally the same; (c) replace the SOFTWARE PRODUCT with a SOFTWARE PRODUCT which is non - infringing, but functionally the same; or (d) provide a prorated refund to you of the actual amount you paid Intergraph for the SOFTWARE PRODUCT. 6.2.2 Indemnification by You. In the event any proceeding (suit, claim, or action) is based (in whole or in part) on modifications, enhancements or additions made by you or any person or entity on your behalf, or your use of the SOFTWARE PRODUCT in combination with other products not furnished by Intergraph, you agree to hold harmless and defend, at your sole cost and expense, all of Intergraph's right, title and interest in and to the SOFTWARE PRODUCT, as well as Intergraph's goodwill and reputation both in good faith and at a standard as if the claim is made against you. You shall reimburse Intergraph any defense expenses inclusive of reasonable attorneys' fees expended by Intergraph in defense of said claim, and pay any judgment rendered against Intergraph. You shall make such defense by counsel of your choosing and Intergraph shall reasonably cooperate with said counsel at your sole cost and expense. You shall have sole control of said defense, but you shall allow Intergraph to reasonably participate in its own defense and you shall reasonably cooperate with Intergraph with respect to the settlement of any claim. Notwithstanding the foregoing, Intergraph may at any time decide to take over any defense of Intergraph at Intergraph's cost and expense and you shall render full cooperation and assistance to transfer such defense to Intergraph and with respect to such defense. 6.3 DISCLAIMER OF INTELLECTUAL PROPERTY WARRANTIES AND LIMITATION OF LIABILITY. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES SET FORTH IN THIS EULA ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT AND THESE INTELLECTUAL PROPERTY LIMITED WARRANTIES ALONG WITH THE STATED REMEDIES REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND LIABILITY OF INTERGRAPH WITH REGARD TO INTELLECTUAL PROPERTY INFRINGEMENT. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED Page 16 of 22 INTERG WARRANTIES AND LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 7. LIMITED WARRANTIES. 7.1 Intergraph warrants to you for a period of thirty (30) days from the date of shipment that the SOFTWARE PRODUCT delivery media will be free of defects in material and workmanship, provided the SOFTWARE PRODUCT is used under normal conditions and in strict accordance with the terms and conditions of this EULA. You agree to promptly notify Intergraph of any unauthorized use, repair or modification, or misuse of the SOFTWARE PRODUCT, as well as any suspected defect in the SOFTWARE PRODUCT delivery media. 7.2 Intergraph warrants that it has the right to grant you this license. 7.3 THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL WARRANTY OBLIGATION OF INTERGRAPH. THE LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. IF THIS WARRANTY SECTION DOES NOT ADHERE TO LOCAL LAWS, THEN THE MINIMUM WARRANTY TERM PRESCRIBED BY THE LAWS OF YOUR JURISDICTION SHALL APPLY. 8. WARRANTY DISCLAIMERS. ALL WARRANTIES PROVIDED PURSUANT TO THIS EULA ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS EULA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE AND NON - INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 9. LIMITATION OF LIABILITY. YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR USE OF THE SOFTWARE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT AND /OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INTERGRAPH BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE DOWNLOADING, VIEWING, USE, DUPLICATION, DISTRIBUTION OR DISCLOSURE OF ANY SAMPLE DATA PROVIDED BY INTERGRAPH, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM, LIABILITY OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OR CORRUPTION OF DATA ARISING FROM, OUT OF OR IN CONNECTION WITH, THE SAMPLE DATA OR THE USE OR OTHER DEALINGS Page 17 of 22 WITH THE SAMPLE DATA. INTERGRAPH'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO INTERGRAPH FOR THE SOFTWARE PRODUCT OR SOFTWARE SUBSCRIPTION AT ISSUE AT THE TIME THE INITIAL EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS EULA MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. 9.1 In the event the SOFTWARE PRODUCT does not substantially comply with the limited warranties set forth in this EULA, Intergraph's entire liability and your exclusive remedy shall be, in Intergraph's sole and absolute discretion, either (i) the modification, repair or replacement of the SOFTWARE PRODUCT; or (ii) a prorated refund to you of the actual amount you paid Intergraph for the SOFTWARE PRODUCT for the period of time that the SOFTWARE PRODUCT did not substantially conform to the limited warranties set forth in this EULA. 9.2 Intergraph is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this EULA, but in no other respects and for no other purpose. 10. RESTRICTIONS. 10.1 United States Government Restricted Rights. If the SOFTWARE PRODUCT (including any Updates, documentation or technical data related to such SOFTWARE PRODUCT) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Govemment, then this Section 10.1 also applies. 10.1.1 For civilian agencies: The SOFTWARE PRODUCT was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with the Federal Acquisition Regulations ( "FAR ") 52.227 -19 (a) through (d) (Commercial Computer Software — Restricted Rights). 10.1.2 For units of the Department of Defense: The SOFTWARE PRODUCT was developed at private expense and is "commercial computer software" submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations ( "DFARS ") DFARS 227.7202 -3 (Rights in commercial computer software or commercial computer software documentation). 10.1.3 Notice: This SOFTWARE PRODUCT is "commercial computer software" as defined in DFARS 252.227 -7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes "technical data" as defined in DFARS 252.227 -7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this "commercial computer software" shall be in strict accordance with the manufacturer's standard commercial license, which is attached to and incorporated into the governing Government contract. Intergraph and any applicable third party software manufacturer(s) are the manufacturer. This SOFTWARE PRODUCT is unpublished and all rights are reserved under the Copyright Laws of the United States. 10.2 Export Restrictions. This SOFTWARE PRODUCT, including any technical data related to this SOFTWARE PRODUCT, is subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. This SOFTWARE PRODUCT, including any technical data related to this SOFTWARE PRODUCT and any derivatives of this SOFTWARE PRODUCT, shall not be exported or re- exported, directly or indirectly (including via remote access), under the following circumstances: 10.2.1 To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 10.2.2 To any person or entity listed on any United States government denial list, including, but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Page 18 of 22 Lists (www.bs,doc : ov/ comlianceandenf orcemenliststoeck,htm), the United States Department of Treasury Specially Designated Nationals List ( .treas,gov /offices /enforcernent/gfac /), and the United States Department of State Debarred List (http, // .pmddtc. state .qov /complianceidebar.html). 10.2.3 To any entity if you know, or have reason to know, the end use is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 10.2.4 To any entity if you know, or have reason to know, that an illegal reshipment will take place. 11. If the SOFTWARE PRODUCT you received is identified on the media as being ITAR- controlled, this SOFTWARE PRODUCT has been determined to be a defense article subject to the U.S. International Traffic in Arms Regulations (ITAR). Export of this SOFTWARE PRODUCT from the United States must be covered by a license issued by the Directorate of Defense Trade Controls (DDTC) of the U.S. Department of State or by an ITAR license exemption. This SOFTWARE PRODUCT may not be resold, diverted, or transferred to any country or any end user, or used in any country or by any end user other than as authorized by the existing license or ITAR exemption. Subject to the terms of this EULA, this SOFTWARE PRODUCT may be used in other countries or by other end users if prior written approval of DDTC is obtained. 12. You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, expenses and /or damages resulting to Intergraph from a breach by you or any User of the export restrictions set forth in this EULA. Any questions regarding export or re- export of the SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to Intergraph's Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United States 35758 or at exportcompliancet" .intrraph.corn. You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, expenses and /or damages resulting to Intergraph from a breach by you or any User of the export restrictions set forth in this EULA. Any questions regarding export or re -export of the SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to Intergraph's Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United States 35758 or at exportcompliance +intergraph,com. 12.1 Territorial Use Restriction. Unless otherwise specifically permitted in writing by Intergraph, use of the SOFTWARE PRODUCT outside the country in which it is licensed is strictly prohibited. 12.2 Non - disclosure. You understand that Intergraph possesses information and data, including, without limitation, Intellectual Property, that was developed, created or discovered by Intergraph, or which has become known to or has been conveyed to Intergraph, which has commercial value in Intergraph's day - to -day business ( "Confidential Information "). Intergraph considers such Confidential Information to be proprietary and confidential. You agree to treat and maintain as proprietary and confidential Intergraph's Confidential Information and any information or data provided by Intergraph, in whatever form, as you would treat your own proprietary and confidential information and data, but in any event, no less than with reasonable care, and to comply with all license requirements, copyright, patent, trademark and trade secret laws as they may pertain to any of Intergraph's Confidential Information or other information or data provided by Intergraph. 13. GENERAL 13.1 Entire Agreement. You acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions. You further agree that this EULA is the complete and exclusive statement of the agreement between you and Intergraph relating to the subject matter of this EULA and that this EULA supersedes any proposal or prior agreement, oral or written, and any other communications between you and Intergraph relating to the subject matter of this EULA. This EULA may be amended only by a written instrument signed by both you and Intergraph; provided however, certain Intergraph SOFTWARE PRODUCTS and Updates may be subject to additional terms and conditions contained in a EULA Addendum or separate EULA that is delivered with the applicable SOFTWARE PRODUCT or Update. Any reproduction of this EULA made by reliable means (for example, printed, photocopy or facsimile) will be deemed an original. Page 19 of 22 iNTERG 13.2 Severability. Whenever possible, each provision of this EULA shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this EULA shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this EULA. 13.3 Headings. The various headings in this EULA are inserted for convenience only and shall not affect the meaning or interpretation of this EULA or any section or provision of this EULA. 13.4 No Waiver. Any failure by either party to enforce performance of this EULA shall not constitute a waiver of, or affect said party's right to avail itself of, such remedies as it may have for any subsequent breach of the terms of this EULA. 13.5 Notices. Any notice or other communication ( "Notice ") required or permitted under this EULA shall be in writing and either delivered personally or sent by electronic mail, facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by electronic mail or facsimile shall be deemed given when transmitted, provided that the sender obtains written confirmation from the recipient that the transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty -eight (48) hours after it is mailed. If any time period in this EULA commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Intergraph's address for Notices is Intergraph Corporation, 170 Graphics Drive, Madison, Alabama 35758, Attn: Legal Department, 256- 730 -2333. 13.6 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this EULA without the prior written consent of the other party, except that Intergraph may assign its rights and obligations under this EULA, without your approval, to (i) an entity which acquires all or substantially all of the assets of Intergraph or the Intergraph division providing a product or service subject to this EULA; (ii) an entity which acquires all or substantially all of the product or product line assets subject to this EULA; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Intergraph. Any attempt by you to sublicense, assign or transfer the license or the SOFTWARE PRODUCT, except as expressly provided in this EULA, is void and immediately terminates the license. 13.7 Other Intergraph software products. If you have or use other Intergraph software products, please read this EULA and all other terms and conditions carefully, as there may be differences in the terms and conditions. 13.8 Limited Relationship. The relationship between you and Intergraph is that of independent contractors and neither you nor your agents shall have any authority to bind Intergraph. 13.9 Governing Law; Venue and Jurisdiction. This EULA shall for all purposes be construed and enforced under and in accordance with the Laws of the State of Alabama and shall have been deemed to have been accepted in Madison, Alabama, United States. You and Intergraph agree that any legal action or proceeding arising, directly or indirectly, out of or relating to this EULA shall be instituted in the Circuit Court for Madison County, Alabama, United States or the United States District Court for the Northern District of Alabama, Northeastern Division. You and Intergraph agree to submit to the jurisdiction of and agree that venue is proper in these courts for any such legal action or proceedings. This EULA shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 13.10 WAIVER OF JURY TRIAL. INTERGRAPH AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS EULA. BOTH INTERGRAPH AND YOU (I) CERTIFY THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE THAT BOTH INTERGRAPH AND YOU HAVE BEEN Page 20 of 22 INDUCED TO ENTER INTO THIS EULA BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL. 13.11 Injunctive Relief; Cumulative Remedies. You acknowledge and agree that a breach of this EULA by you could cause irreparable harm to Intergraph for which monetary damages may be difficult to ascertain or may be an inadequate remedy. You agree that Intergraph will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of this EULA by you, and you expressly waive any objection that Intergraph has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this EULA are cumulative and concurrent and may be pursued separately, successively or together. 13.12 Attorneys' Fees and Costs. In the event of any legal proceeding arising out of or relating to this EULA, the prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs for all such legal proceedings, including for trial and all levels of appeal. 13.13 Governing Language. The controlling language of this EULA is English. If you received a translation of this EULA into another language, it has been provided for your convenience only. 13.14 USE OUTSIDE THE UNITED STATES. If you are located outside the United States, then the provisions of this section shall also apply: (i) Les parties en presence confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattachent, soient rediges en langue anglaise (Translation: "The parties confirm that this agreement and all related documentation is and will be in the English language. "); and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the SOFTWARE PRODUCT, and you represent that you have complied with any and all regulations or registration procedures required by applicable law to make this EULA fully enforceable. 13.15 Survival. The provisions of this EULA which require or contemplate performance after the expiration or termination of this EULA shall be enforceable notwithstanding said expiration or termination. 14. ADDITIONAL TERMS FOR SPECIFIC SOFTWARE PRODUCTS. 14.1 GeoMedia Software — Additional Terms. The software license specifically for GeoMedia Viewer permits copies to be stored on hard disk and loaded for execution on one or more workstations. The GeoMedia Viewer software may be freely copied, transferred and loaned both inside and outside your company. 14.2 Beta Software - Additional Terms. If the SOFTWARE PRODUCT you received with this EULA is pre - commercial release or beta software ( "Beta Software "), then the following additional terms apply. To the extent that any provision in this section is in conflict with any other terms or conditions in this EULA, this section shall supersede such other terms and conditions with respect to the Beta Software, but only to the extent necessary to resolve the conflict. You shall hold all information concerning Beta Software and your use and evaluation of such information and the Beta Software (collectively, "Beta Software Information ") in confidence and with the same degree of care you use to keep your own similar information confidential, but in no event shall you use less than a reasonable degree of care; and you shall not, without the prior written consent of Intergraph, disclose such Beta Software Information to any person or entity for any reason at any time; provided, however, it is understood that you may disclose any Beta Software Information to those of your representatives who actually need such information for the purpose of participating in the proposed evaluation and testing ( "Beta Testing ") of the Beta Software, on the condition that, prior to such disclosure, such representative has been made aware of the terms of this EULA. You shall not use any Beta Software Information for any reason or purpose other than as necessary for Beta Testing. You agree to make no other use of the Beta Software Information or to incorporate any Beta Software Information into any work or product. You acknowledge that the Beta Software is a pre - release, beta version, does not represent final product from Intergraph, and may contain bugs, errors and other problems that could cause system or other failures and data loss. THE BETA SOFTWARE IS PROVIDED TO YOU "AS -IS ", AND INTERGRAPH DISCLAIMS ALL WARRANTY AND LIABILITY OBLIGATIONS TO YOU OF ANY KIND. You may use the Beta Software only for evaluation and testing and not for general production use. You acknowledge that Intergraph has not promised or guaranteed to you that Beta Software or any portion thereof will be announced or made available to anyone in the future, Intergraph Page 21 of 22 1 has no express or implied obligation to you to announce or introduce the Beta Software and that Intergraph may not introduce a product similar to or compatible with the Beta Software. Accordingly, you acknowledge that any research or development that you perform regarding the Beta Software or any product associated with the Beta Software is done entirely at your own risk. During the term of this EULA, if requested by Intergraph, you will provide feedback to Intergraph regarding Beta Testing, including error or bug reports. Upon receipt of a later unreleased version of Beta Software or release by Intergraph of a publicly released commercial version of the SOFTWARE PRODUCT, you agree to return or permanently destroy all earlier Beta Software received from Intergraph. You agree that you will return or destroy all unreleased versions of the Beta Software within thirty (30) days of the completion of Beta Testing when such date is earlier than the date for Intergraph's first commercial shipment of the publicly released commercial software. 14.3 Evaluation Software - Additional Terms. If the SOFTWARE PRODUCT you have received with this EULA is provided specifically for evaluation purposes ( "Evaluation Software "), then the following section applies until such time that you purchase a license of the full retail version of the SOFTWARE PRODUCT. To the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section shall supersede such other terms and conditions with respect to the Evaluation Software, but only to the extent necessary to resolve the conflict. You may use the Evaluation Software only for evaluation and testing and not for general production use. You acknowledge that the Evaluation Software may contain limited functionality and /or may function for a limited period of time. Intergraph is licensing the Evaluation Software on an "AS -IS" basis, solely for your evaluation to assist in your purchase decision. If the Evaluation Software is a timeout version, then the program will terminate operation after a designated period of time following installation (the "Time Out Date "). Upon such Time Out Date, the Evaluation Software license will cease operation and you will not be able to use the SOFTWARE PRODUCT, unless you purchase a license for a full retail version of the SOFTWARE PRODUCT. You acknowledge that such Evaluation Software shall cease operation upon the Time Out Date and accordingly, access to any files or output created with such Evaluation Software or any product associated with the Evaluation Software is done entirely at your own risk. 14.4 Educational Software Product — Additional Terms. If the SOFTWARE PRODUCT you have received with this EULA is Educational Software Product (where either an education price is paid for the SOFTWARE PRODUCT, or the SOFTWARE PRODUCT is received by virtue of your participation in an Intergraph program designed for educational or research institutions, or is received through an education grant from Intergraph), you are not entitled to use the SOFTWARE PRODUCT unless you qualify in your jurisdiction as an Educational End User. You may use the Educational Software Product only for educational and research purposes. Commercial and general production use of Educational Software Products is specifically prohibited. Additional terms and conditions, as well as the definition of an Educational End User, are detailed in Intergraph's Education Policy which is available from Intergraph upon request. Page 22 of 22 Price Quote for Corpus Christi, TX Valid through 03/28/2012 Laborato Information S stem Interface US$ 11-CorChrisTX4 US$ US$ item Description y Functional Use Purpose Unit Ptice Tot Price i I/LEADS Import Interface (Incident Attachments and Supplemental Info) (IPSRMSCUST-1) I/LEADS Web Service Interface (Property Records) (IPSRMSCUST-2) RMS Implementation Services Sub -Total Exclusive of Discount, Maintenance & Taxes One Time System Discount Grand Total Exclusive of Maintenance, Taxes 1 1 1 $ 32,500 37,375 $ 11,750 $ 32,500 37,375 $ 11,750 81,625 for initial purchase only 1 8,000) $ 6,500 7,475 $ 13,975 Tax Exemption assumed 73,625 Notes: 1. Estimated first year software maintenance has been included in this quote. Actual maintenance price will be quoted by Intergraph Maintenance Contracts upon shipment based on maintenance renewal date. 2. Intergraph requires remote access to the customers' servers to complete the effort as quoted. 3. Sales tax is not included in this quote. Final sales tax billed will reflect the applicable tax rates at time of sale as required by law. CorpusChristi_LIMS Interface_SQ020112Ips1S Intergraph Confidential and Proprietary Information Page 1 of 1 13,975 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: July 31, 2012 Agenda Item: Motion rescinding the approval to purchase an interface for the Laboratory Information Management System (LIMS) and (Leads from STARLIMS Corporation of Hollywood, Florida and awarding the purchase of an interface for the Laboratory Information Management System (LIMS) and (Leads from Intergraph Corporation, Chicago, Illinois for a total expenditure of $73,625. Funds are available through the Coverdell Forensic Science Improvement Grant program and Municipal Information Systems. Amount Required: $73,625 Fund Name Account No. Fund No. Org. No. Project No. Amount Police Grants Fund 520090 1061 $60,000 MIS 530000 5210 40495 $13,625 Total $73,625 ❑ Certification Not Required Director of Financial Services Date: Click here to enter a dat AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: TO: FROM: July 5, 2012 Ronald L. Olson, City Manager Gustavo Gonzalez, Director of Water Operations GustavoGo @cctexas.com 361- 826 -1874 Approval of the Source Water Contaminant Event Detection System on Nueces River CAPTION: Motion authorizing the City Manager or his designee to execute documents to purchase the Source Water Contaminant Event Detection System for the Nueces River below Lake Corpus Christi from Hach Company in the amount of $243,429.59. BACKGROUND AND FINDINGS: Texas Commission on Environmental Quality performed a susceptibility test and identified Corpus Christi's source water as a high risk for potential contamination. Recently, with increased hydraulic fracturing activities within the Eagle Ford Shale formation, much of which is in the Nueces River Basin, the potential for an accidental or intentional spill in Nueces River has increased. The City of Corpus Christi Water Department has developed an implementation plan for the Source Water Contaminant Event Detection System that provides an event detection system for Nueces River. This system will allow the Water Department to possess an early warning detection system for threats against our water, whether that is of accidental or malicious intent. The Source Water Panel utilizes an event monitor to detect source water contamination including industrial discharge, chemical spills, sewage spills, and other natural or man -made contamination. Parameters that will be utilized within the panel include turbidity, oil in water, phosphate, ammonia, nitrate, conductivity, organics, and pH. The instruments can be programmed to create a fingerprint for each contamination event during the lifetime of the panel. Controlled experiments can be set up to create fingerprints for specific contaminants that the City of Corpus Christi feels would be a threat to the system. When an event does transpire, a sampler will begin to collect water samples at programmed intervals for quality assurance. Those samples can then be taken to a laboratory to verify the results of the event monitor. The data collected will be used for internal purposes only and may be available for assisting other entities. The information will not be provided to the public unless an actual contamination event does transpire. Two Source Water Panels will be placed along key points in Nueces River, including one location in San Patricio where detection will provide the City with approximately 18 hours to respond, and one location closer to the raw water intake pumps in CalaIlen. The equipment to be purchased includes two Hach Homeland Security Technologies Source Water Panels with 8 water quality sensors on each panel, where water will continuously pass through a trough attached to the panel. The raw water will be delivered to the panel via a submersible pump then discharged back into Nueces River. In addition to the Source Water Panels, a Hach All- Weather Sampler will be located at each site as mentioned in the previous paragraph. The equipment will be housed within a climate - controlled secured storage facility. Hach CityGuard Virtual Command Center will be used as a network portal to provide monitoring and control of the Source Water Panels enabling detection of contamination events. In all cases of an event potentially affecting Nueces River, and consequentially, Corpus Christi, the Source Water Panel can aid in detection, drastically reducing response times and thus protecting public health. The system relays information to a centrally located computer system within minutes of the contaminant detection, giving water treatment plant operators time to react. The recognizable benefits gained by implementing this project include safety and protection of the water customers of Corpus Christi. The Source Water Contaminant Event Detection System cost is paid in full by the City of Corpus Christi Water Department in the amount of $243,429.59. Funding is acquired through the Source Water Protection activity (4010- 30283 - 550040) of the Water Fund. ALTERNATIVES: This is a sole source item. OTHER CONSIDERATIONS: None are available for source water event detection monitoring. CONFORMITY TO CITY POLICY: Council approval required for appropriation of funds. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $243,429.59 $243,429.59 BALANCE $243,429.59 $243,429.59 Fund(s): Water Fund Comments: None RECOMMENDATION: City staff recommends the Source Water Contaminant Event Detection System in the amount of $243,429.59 be approved. LIST OF SUPPORTING DOCUMENTS: Contract — Signed Addendum Sole Source Letter Certification of Fund Service and Product Information Hach Company Insurance Certificate Hach Quote 312180840 Contract Addendum to Terms & Conditions of Sale for Hach Company Products and Services Dated June 29, 2012 Parties: Hach. ( "Company ") and City of Corpus Christi ( "Buyer ") Date: June 29, 2012 THIS ADDENDUM hereby modifies and supplements the attached Terms & Conditions between the Company and Buyer. In the event of any conflict between the Terms & Conditions and this Addendum, this Addendum shall control. Except as to those portions of the Terms & Conditions which are modified by this Addendum, the provision of the Terms & Conditions shall control. The numbering of the Sections below corresponds to the section numbers in the Terms & Conditions. Section 3 - Delivery will be accomplished FCA Destination (Incoterms 2010). For orders having a final destination within the U.S., legal title and risk of loss or damage pass to Buyer upon delivery. Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or, if no time is specified, within Hach's normal lead -time necessary for Hach to deliver the Products sold hereunder. Upon prior agreement with Buyer and for an additional charge, Hach will deliver the Products on an expedited basis. Standard service delivery hours are 8 am — 5 pm Monday through Friday, excluding holidays Section 8 — Strike the last sentence. Section 12 — RepIace second sentence "Buyer and its customers, employees and agents will keep confidential, as allowed by Texas Public Information Act, all such Proprietary Information and will not transfer or disclose it without Hach's prior written consent. Section 20 — Replace "Colorado" with "Texas ". Strike the clause "if Buyer has minimum.....contacts with the United States." IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives, intending thereby to be legally bound. City of Corpus Christi Hach Company By: By: '�v{ 0 Name: Name: tl� L fr L4 Vy1 Fe'S Title: Date: Title: PrOje C� 5( c 4)('5 f` 1 Date: 1/q/2 f2 Contract Addendum Page 1 HACH COMPANY PO Box 389 Loveland, Colorado 80539-0389 Phone 800-227-4224 or 970-669-3060 Fax 970-669-2932 htiviiwww.hach corn City of Corpus Christi Attn: Leslie Strong PO Box 9277 2726 Holly Rd Corpus Christi, TX 78469-9727 Be R!ghtTM Hach Customer Acet#: 092064, quote 312040997 June 6, 2012 This letter is to confirm that Hach Company is the sole manufacturer and distributor within the United States of the following equipment: Source Water Monitoring Panel, HST Allweather sampler, HST Consulting, Cityguard Base & Cityguard addition& and submersible pump with debris filter. Associated catalog numbers are: 580800 which includes:Qty 2 580801 Back Panel with Trough,LXV437.99.00002, Ammonium Sensor ,D3725E2T-WDMP Conductivity Sensor, LXV441.99.11302 FP360se Sensor, LXV417.99,50002 NitraTax so Plus 5 mm, DP01R1-WDMP pH Sensor, LXV423.99.10100Solitax & Suspended Solids Sensor, LXV418.99,50002 UVAS sc Sensor 5 mm, 6159600 Phosphate Analyzer low range, 6840200 Event Monitor 11, 5739000 Filtrax, 1 x SC1000 on each panel, 007184 HST Aliweather Sampler, TRD20000, HST consulting, CGBASE Cityguard Base, CGADDEM Cityguard additional and 580801 Submersible pump with debris filter. Thank you for your interest in Hach Company products. If we can help in any way, please call us at 1-800-227-4224. Nanette Meyer Field Sales Support Specialist AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: TO: July 16, 2012 Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary (361) 826 -3105 armandoc@cctexas.com Disbursement of Council Member John Marez Annual Salary for FY2011 -2012 CAPTION: Motion authorizing the City Manager or his designee to execute an agreement with South Texas Council of Boy Scouts in the amount of $1,500,Tennis for Success in the amount of $500; and funds to be distributed to the following City projects: HEB Tennis Center in the amount of $2,000 and Parks, Arts, Leisure & Seniors (P.A.L.S.) — Lindale Park in the amount of $2,000, to receive the FY2011 -2012 council salary funds not receivable by Council Member John Marez in support of programs provided by their organizations in the City of Corpus Christi. PURPOSE: Council Member John Marez is ineligible to receive council salary due to his employment with the State of Texas. The city's legal department has issued an opinion that these funds can be distributed to non - profit organizations as long as a public purpose is met. Council Member Marez is recommending South Texas Council of Boy Scouts, Tennis for Success, Parks, Arts, Leisure & Seniors (P.A.L.S.) and HEB Tennis Center to receive these funds. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: The legal department has issued an opinion that these funds can be distributed to non - profit organizations. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: The funds are allocated in the FY 2011 -2012 City Council Organization. Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 73,700.44 73,700.44 Encumbered / Expended Amount This item 6,000.00 6,000.00 BALANCE 67,700.44 67,700.44 RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Agreements AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF TENNIS SUCCESS, INC. The City of Corpus Christi (the "City ") and Tennis Success, Inc. a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides youth tennis programs ( "Programs). 2. The City will reimburse the Contractor up to $500.00 for its costs incurred during the period of August 1, 2012 to July 31, 2013, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to via email tennissuccess @aol.com, This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: By: Armando Chapa, City Secretary Date: Tennis Success Inc. By: Name: nA M Title: Co' day of ,2012 CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager Date: Date: 2 — 14-1 AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF SOUTH TEXAS COUNCIL OF BOY SCOUTS — COASTAL PLAINS DISTRICT The City of Corpus Christi (the "City ") and South Texas Council of Boy Scouts -- Coastal Plains District. a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides youth outdoor activities ( "Programs). 2. The City will reimburse the Contractor up to $1,500.00 for its costs incurred during the period of August 1, 2012 to July 31, 2013, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to. South Texas Council of Boy Scouts — Coastal Plains District via email to Jeremy.barnes @scouting.org. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: By: Armando Chapa, City Secretary Date: • day of ,2012 CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager Date: South Texas Council of Boy Scouts — Coastal Plains District By: -3eArevAl 3ow A —Date: 7 fl £/i 2., Name: Title: « DiStr i c Mtn AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: TO: July 10, 2012 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services and with Meyers & Associates for federal governmental relations services. PURPOSE: Renewal of annual governmental relations contract between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers & Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s (1992 or 1993 ?). Both firms are well- respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. The City's previous Director of Intergovernmental Relations, Rudy Garza, successfully negotiated terms of the contracts in 2011 saving the City thousands of dollars per month. The terms of the contracts remain the same for 2012. The instrument engaging Focused Advocacy has changed from a letter agreement to a contract, which City staff believes better represents the scope of work, duties and expectations. ALTERNATIVES: The City has only two potential options to renewing the contracts: (1) Not renewing one or both of the consulting contacts or (2) Selecting a different organization /individual to represent the City. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2012 -2013 fiscal year. EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services City Attorney 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 $177,000 $177,000 Encumbered / Expended Amount This item BALANCE Fund(s): 1020, 4010, 4130, 4200 Comments: RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington, D.C., for the 2012 -2013 fiscal year. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the upcoming year. LIST OF SUPPORTING DOCUMENTS: Renewal contract with Focused Advocacy Renewal contract with Meyers & Associates Certification of Funds FOCUSED ADVOCACY CONTRACT FOR PUBLI C AFFAI RS CONSULT! NG SERVI CES ((qty of Corpus Christi, Texas) This contract is made the day of July, 2012, between Qty of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX78401(hereinafter "Client ") and Focused Advocacy having its principal place of business at 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (hereinafter "Consultant ") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a. At the direction of Client, represent the Client in dealings with elected and appointed officials, legi slat ive staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on thegovernmental affairs strategy of the Client. c. Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish 0 i ent's gover nment affai rs goals and objectives. d. Assist the Client in the passage of legislative initiatives that are proposed and identified by the 0ient as part of their overall I egi slat ive agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/ or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 823 CONGRESS AVENUE, STE 1 200 • AusTIN, TEXAS 78701 • INFO FOCUSEDADVOCACYAOM FOCUSED ADVOCACY g. Monitor, by attendance at meetings and otherwise, state legislative and regulatory bodiesconsidering legislation and /or rulemakingthat would impact Client's government affairsobjectivesand interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testi many to legislative and administrative bodies. 2. aient Support and Communication. Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting, to assure timely and effective communications. S n a p p e r Carr and Brandon Aghamalian wi I I serve as the primary contact on behalf of the Consultant. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at anytime with respect to Client's interests, the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both partieswill mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. 5. Term. This Agreement is effective on August 1, 2012 through July 31, 2013 (12 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 6. Compensation. In consideration for the performance of services, Client shall pay fees as fol I ows: a. $6,000 (six thousand dollars) per month for the duration of the contract. The feewill be billed on or about thefirst of each month. 823 CONGRESS AVENUE, STE 1 200 • AusTIN, TEXAS 78701 • INFO FOCUSEDADVOCACYAOM FOCUSED ADVOCACY b. Payment shall be made to Focused Advocacy, LLC, 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/ or state laws including tax laws, and that Consultant is not in any way an employee, full or part -time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre - approved travel made at Client's request for work connected to this agreement. "Reasonable expenses" shall include airfare, hotels, taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoiceswithin thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10. Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity" as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules, the amount of the retainer paid to the Consultant that is being paid for "lobby activities'. Based upon Consultant's experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as 823 CONGRESS AVENUE, STE 1 200 • AusTIN, TEXAS 78701 • INFO FOCUSEDADVOCACYAOM HUSE ADVOCACY defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clientsfor resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with t he Texas Ethics laws concerning conflicts of interests. 13. Termination. Either party may terminate this agreement, without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof (including this section) shall bevalid unless in writing and signed by the parties hereto. IN WITNESSWHEREOF, the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. aty of Corpus Christi, Texas Focused Advocacy, LLC 823 CONGRESS AVENUE, STE 1 200 • AusTIN, TEXAS 78701 • INFO FOCUSEDADVOCACYAOM ADVOCACY By: By: Mr. Ron Olson Mr. Snapper L. Carr Qty Manager General Counsel Date: Date: ATTEST: City Secretary APPROVED AS TO FORM: Qty Attorney 823 CONGRESS AVENUE, STE 1 200 • AusTIN, TEXAS 78701 • INFO FOCUSEDADVOCACYAOM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City ") and Meyers & Associates, a Washington based governmental relations consulting firm ( "Meyers "), and is effective the 1st day of August 2012. WITNES SETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,000.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out -of- pocket expenses. c. Such payments will commence in August 2012 and will continue for (12) twelve consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. 2. Meyers' Duties. Meyers agrees that they will: Page 1 of 3 a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2012 and continue until July 31, 2013, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Page 2 of 3 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. APPROVED AS TO FORM: CITY ATTORNEY Carlos Valdez CITY OF CORPUS CHRISTI, TEXAS By: Ron L. Olson City Manager MEYERS & ASSOCIATES By: Page 3 of 3 Date Larry Meyers Date MEYERS & ASSOCIATES AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: July 31, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting August 28, 2012 as the date of the adoption of the ad valorem tax rate of $0.570557 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 14, 2012 and a second public hearing for August 21, 2012, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2012 -2013 proposed operating budget has assumed a tax rate of $0.570557 in the determination of ad valorem tax revenue for fiscal year 2012 -2013. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth -in- taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2012 -2013 budget is $0.570557 which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller -Times by August 5, 2012. If the information is not received in time to publish on August 5th, then it will be published the following week on August 12th Two public hearings will then be held — one on August 14, 2012, and the second on August 21, 2012. Then the vote for the final adoption of the tax rate will be held on August 28, 2012. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 77,518,178 $ 77,518,178 Encumbered /Expended amount of (date) - - - - This item - $ 77,518,178 $ 77,518,178 BALANCE - - $ - $ - FUND(S): General Fund $51,282,246 Debt Service Fund $26,235,932 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Legal Department LIST OF SUPPORTING DOCUMENTS: • None cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: July 31, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting August 28, 2012 as the date of the adoption of the ad valorem tax rate of $0.570557 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 14, 2012 and a second public hearing for August 21, 2012, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2012 -2013 proposed operating budget has assumed a tax rate of $0.570557 in the determination of ad valorem tax revenue for fiscal year 2012 -2013. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth -in- taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2012 -2013 budget is $0.570557 which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller -Times by August 5, 2012. If the information is not received in time to publish on August 5th, then it will be published the following week on August 12th Two public hearings will then be held — one on August 14, 2012, and the second on August 21, 2012. Then the vote for the final adoption of the tax rate will be held on August 28, 2012. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 77,518,178 $ 77,518,178 Encumbered /Expended amount of (date) - - - - This item - $ 77,518,178 $ 77,518,178 BALANCE - - $ - $ - FUND(S): General Fund $51,282,246 Debt Service Fund $26,235,932 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Legal Department LIST OF SUPPORTING DOCUMENTS: • None cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: July 31, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Issuance of Airport Certificates of Obligation CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT)" in an amount not to exceed $6,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Airport System; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Airport System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent /registrar agreement and a purchase contract; complying with the requirements of the letter of representations with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. PURPOSE: The City of Corpus Christi would like to issue up to $6,000,000 in certificates of obligation to fund costs associated with the City's portion of safety improvements on the runway at the Airport. BACKGROUND AND FINDINGS: The Federal Aviation Administration (FAA) has approved the planning, design, and construction of a runway safety project at the Airport, which includes displacement of thresholds and reconfiguration of our runway and taxiway system. The total cost of the project is estimated to be $55,000,000 — with 90% as FAA's share and 10% as the local share. The City of Corpus Christi would like to issue certificates of obligation in an amount not to exceed $6,000,000 to fund the local share of this project and $500,000 in contingencies that are not tied to the grant. The debt service payments, although backed by the full faith and credit of the City, would be transferred from the Airport's operating fund to the City's debt service fund. According to the Local Government Code, Section 271.049, prior to the issuance of the certificates of obligation, the City is required to publish notice of its intention to issue the certificates once a week for two consecutive weeks in a newspaper of general circulation, with the date of the first publication to be before the 30th day before the date set tentatively set for passage of the ordinance authorize the issuance of the certificates. The notices were in the Corpus Christi Caller -Times on June 30th and July 7th Thirty days after the date of the first publication is July 30th, and so City Council action to approve this ordinance is scheduled for July 31st to be in compliance with the Local Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ - $ - Encumbered /Expended amount of (date) - - - This item -Bond Proceeds - $ 6,000,000 $ 6,000,000 BALANCE - - $ 6,000,000 $ 6,000,000 FUND(S): Airport Capital Improvement Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager DRAFT 7/11/2012 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT)" IN AN AMOUNT NOT TO EXCEED $6,000,000 FOR THE PURPOSE OF FINANCING COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC IMPROVEMENTS TO THE CITY'S AIRPORT SYSTEM; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE AIRPORT SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE CERTIFICATES; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Corpus Christi, Texas (the City) has caused notice to be given of its intention to issue certificates of obligation in the maximum principal amount of $6,000,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's airport facilities, (2) the purchase of materials, supplies, equipment, land, and rights -of- way for authorized needs and purposes relating to the aforementioned facilities; and (3) the payment of professional services related to the design, construction, and financing of the aforementioned projects. This notice has been duly published in a newspaper hereby found and determined to be of general circulation in the City, once a week for two (2) consecutive weeks, the date of the first publication of such notice being not less than thirty (30) days prior to the tentative date stated therein for the passage of the ordinance authorizing the issuance of such certificates of obligation; and 95635639.3 WHEREAS, the City Council hereby finds and determines that the issuance of the certificates of obligation, under the terms herein specified, is in the best interests of the City and its residents; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in this notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary prior to the date tentatively set in such notice for the passage of this ordinance; and WHEREAS, the City Council hereby finds and determines that certificates of obligation in the principal amount of $ described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. A. Authorization - Designation - Principal Amount - Purpose. The certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO /100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT)" (the Certificates), for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's airport facilities, (2) the purchase of materials, supplies, equipment, land, and rights -of -way for authorized needs and purposes relating to the aforementioned facilities; and (3) the payment of professional services related to the design, construction, and financing of the aforementioned projects, pursuant to the authority conferred by and in conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapters 1371 and 1503, as amended, Texas Government Code, Chapter 22, as amended, Texas Transportation Code, the City's Home Rule Charter, and this Ordinance. B. Delegation of Authority to Authorized Representatives. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371) the Mayor of the City, the City Manager of the City, and the Assistant City Manager for General Government and Operations Support (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Certificates authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Certificates, the redemption provisions therefor, the Dated Date therefor, the further designation of the Certificates by series and by year, the identity of the Purchasers (which may include a syndicate of underwriters and the identification by the Authorized Representative of the duties of such syndicate members) selected from the City's pool of approved underwriters, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Certificates 95635639.3 -2- shall be issued in the principal amount not to exceed $6,000,000; the maximum maturity of the Certificates will be March 1, 2040 and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Certificates. The execution of the Approval Certificate shall evidence the sale date of the Certificates by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Certificates shall not be delivered unless prior to their initial delivery, the Certificates have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Certificate Date. The Certificates are issuable in fully registered form only; shall be dated August 1, 2012 (the Certificate Date) and shall be issued in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and the Certificates shall become due and payable on March 1 in each of the years and in principal amount (the Stated Maturities) and bear interest on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: 95635639.3 Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 -3- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2033 2034 2035 2036 2037 SECTION 3. Payment of Certificates - Paying Agent/Registrar. The principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of and interest on the Certificates shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Certificates. The Certificates shall bear interest at the per annum rates shown above in Section 2, computed on the basis of a 360 -day year of twelve 30 -day months, and interest thereon shall be payable semiannually on March 1 and September 1 of each year (the Interest Payment Date) commencing March 1, 2013, while the Certificates are Outstanding. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar), to serve as the initial Paying Agent/Registrar for the Certificates is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment and transfer of the Certificates, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Certificates by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Certificates appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest thereon, (ii) on the date of surrender of 95635639.3 -4- the Certificates for purposes of receiving payment of principal thereof upon redemption of the Certificates or at the Certificates' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Certificate for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Certificates shall be payable only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its corporate trust office. Interest on the Certificates shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Certificates (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Certificates was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption. The Certificates stated to mature on March 1, are referred to herein as the "Term Certificates ". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Stated to Mature on March 1, Principal Year Amount ($) 95635639.3 -5- *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Certificates having Stated Maturities on and after March 1, 2023 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 2022, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. D. Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Certificates to be redeemed, provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat such Certificate then subject to redemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Certificate to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. 95635639.3 -6- All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the City to any registered securities depository and to any national information service that disseminates redemption notices. If a Certificate is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Certificate (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Certificates (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Certificates (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificates shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. F. Transfer/Exchange of Certificates. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Certificate during a period beginning forty -five (45) days prior to the date fixed for redemption of the Certificates or (2) to transfer or exchange any Certificate selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate which is subject to redemption in part. SECTION 5. Execution - Registration. The Certificates shall be executed on behalf of the City by its Mayor under its seal reproduced or impressed thereon and attested by its City Secretary. The signature of either of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who were, at the time of the Certificate Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Certificates to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the 95635639.3 -7- Paying Agent/Registrar by manual signature, and either such certificate upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Certificates - Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Certificates, or if appropriate, the nominee thereof. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Certificate at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Certificates to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered upon such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Certificates, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Certificates shall include any Certificate registered and delivered pursuant to Section 25 in lieu of a 95635639.3 -8- mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. SECTION 7. Initial Certificates. The Certificates herein authorized shall be issued initially either (i) as a single fully registered Certificate in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T -1, or (ii) as one (1) fully registered Certificate for each year of Stated Maturity in the applicable principal amount and denomination and to be numbered consecutively from T -1 and upward (collectively, the Initial Certificates) and, in either case, the Initial Certificates shall be registered in the name of the Purchasers or the designee thereof. The Initial Certificates shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Certificates, the Paying Agent/Registrar shall cancel the Initial Certificates delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Certificates, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Certificates as evidenced by their execution thereof. Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Certificates as evidenced by their execution thereof, but the Initial Certificate(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 95635639.3 [The remainder of this page intentionally left blank.] -9- B. Form of Definitive Certificate. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATE OF OBLIGATION, SERIES 2012 (AMT) Certificate Date: August 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP No. The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such principal sum has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2013. Principal of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 95635639.3 -10- This Certificate is one of the series specified in its title issued in the aggregate principal amount of $ (the Certificates) pursuant to an Ordinance adopted by the governing body of the City (the Ordinance), for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's airport facilities, (2) the purchase of materials, supplies, equipment, land, and rights -of- way for authorized needs and purposes relating to the aforementioned facilities; and (3) the payment of professional services related to the design, construction, and financing of the aforementioned projects, under and in strict conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.064, Chapters 1371 and 1503, as amended, Texas Government Code, Chapter 22, as amended, Texas Transportation Code, and the City's Home Rule Charter. As provided in the Ordinance, the Certificates stated to mature on March 1, are referred to herein as the "Term Certificates ". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Stated to Mature on March 1, Principal Year Amount ($) *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Certificates stated to mature on and after March 1, 2023 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 2022, or on any date thereafter, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a 95635639.3 Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Certificates to be redeemed by United States mail, first -class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Certificate to the Paying Agent/Registrar at its corporate trust office, a new Certificate or Certificates of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Certificate is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Certificate within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Certificates of this series are payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitations prescribed by law, and are further payable from and secured by a lien on and pledge of the Pledged Revenues (identified and defined in the Ordinance), being a limited amount of the surplus Net Revenues derived from the operation of the City's airport system (the System), such lien on and pledge of the limited amount of Net Revenues being subordinate and inferior to the lien on and pledge of such Net Revenues securing payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City. The City has previously authorized the issuance of the currently outstanding Limited Pledge Obligations (identified and defined in the Ordinance) that are payable, in part, from and secured by a lien on and pledge of a limited amount of the Net Revenues of the System in the manner and as described in the ordinance authorizing the issuance of the currently outstanding Limited Pledge Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations (all as identified and defined in the Ordinance), while the Certificates are Outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his 95635639.3 -12- acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied and the revenues pledged for the payment of the Certificates; the terms and conditions under which the City may issue Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations; the terms and conditions relating to the transfer or exchange of the Certificates; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holder; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Certificate may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Certificate in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Certificates does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Certificates by the levy of a tax and collection of Pledged Revenues as aforestated. In case any provision in this Certificate or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or 95635639.3 -13- impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 95635639.3 [The remainder of this page intentionally left blank.] -14- IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) 95635639.3 CITY OF CORPUS CHRISTI, TEXAS By Mayor [The remainder of this page intentionally left blank.] -15- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificates Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) Comptroller of Public Accounts of the State of Texas *NOTE TO PRINTER: Not to appear on printed Certificates. D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued under the provisions of the within- mentioned Ordinance; the Certificate or Certificates of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas, as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Certificates. 95635639.3 -16- E. Form of Assignment. AS SIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. Signature guaranteed: 95635639.3 [The remainder of this page intentionally left blank.] -17- F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the Certificate(s) the headings "Interest Rate and "Stated Maturity shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: REGISTERED PRINCIPAL REGISTERED AMOUNT NO. T -1 $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATE OF OBLIGATION, SERIES 2012 (AMT) Certificate Date: August 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: As Shown Below Stated Maturity: As Shown Below CUSIP No. The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above stated to mature on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) (Information to be inserted from schedule in Section 2 hereof) (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amounts hereof from the Certificate Date, or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rates of interest specified above, computed 95635639.3 -18- on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2013. Principal of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Certificate whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Certificates, the Definitive Certificates and the Initial Certificates shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 27 and 44 of this Ordinance have the meanings assigned to them in Sections 27 and 44 of this Ordinance, and all such terms, include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Additional Limited Pledge Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable wholly or in part from a lien on and pledge of the Pledged Revenues of the System, which pledge is limited, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. B. The term Additional Prior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable wholly or in part from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. 95635639.3 -19- C. The term Authorized Officials shall mean the Mayor, the Mayor Pro Tem, the City Manager, the Assistant City Manager for Government and Operations Support, the Director of Financial Services, the City Secretary, and /or the City Attorney. D. The term Certificates shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT)" authorized by this Ordinance. E. The term Certificate Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. F. The term City shall mean the City of Corpus Christi, located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas and, where appropriate, the City Council of the City. G. The term Closing Date shall mean the date of physical delivery of the Initial Certificates in exchange for the payment of the agreed purchase price for the Certificates. H. The term Collection Date shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. I. The term Debt Service Requirement shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. J. The term Depository shall mean an official depository bank of the City. K. The term Fiscal Year shall mean the annual financial accounting period for the System now ending on July 31st of each year; provided, however, the City Council may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law. L. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated 95635639.3 -20- as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. M. The term Gross Revenues shall have the same meaning as "Gross Revenues" as such term is defined in the Master Ordinance. N. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Certificate. O. The term Interest Payment Date shall mean the date semiannual interest is payable on the Certificates, being March 1 and September 1 of each year, commencing March 1, 2013, while any of the Certificates remain Outstanding. P. The term Junior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. Q. The term Limited Pledge Obligations shall mean (i) the Certificates and any outstanding and unpaid obligations of the City that are payable, in part, from and secured by a subordinate and inferior lien on and pledge of a limited amount of the Net Revenues of the System and designated as follows: "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010," dated July 1, 2010, in the original principal amount of $5,500,000; and (ii) obligations hereafter issued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. R. The term Maintenance and Operating Expenses shall have the same meaning as "Operating and Maintenance Expenses" as such term is defined in the Master Ordinance. S. The term Master Ordinance shall mean that ordinance of the City, adopted on August 22, 2000, pursuant to which certain System indebtedness, including the Prior Lien Obligations, has been issued and remains Outstanding. T. The term Net Revenues for any period shall mean the Gross Revenues of the System less the Maintenance and Operating Expenses of the System. U. The term Ordinance shall mean this ordinance as finally passed and adopted by the City Council of the City. 95635639.3 -21- V. The term Outstanding when used in this Ordinance with respect to Certificates shall mean, as of the date of determination, all Certificates issued and delivered under this Ordinance, except: (1) those Certificates canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 29 of this Ordinance; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 of this Ordinance. W. The term Pledged Revenues shall mean, while the Certificates remain Outstanding, an amount of surplus Net Revenues not in excess of $1,000. The Pledged Revenues shall be deposited, allocated, and expended in accordance with Section 10 of this Ordinance. X. The term Pledged Revenue Amount shall mean the total amount, not to exceed $1,000 while the Certificates are Outstanding, of surplus Net Revenues that may be transferred in whole or in part by the City in any given Fiscal Year (however, any amounts transferred prior to the final maturity date of the Certificates may not exceed the total amount of $1,000) to the Certificate Fund. Y. The term Prior Lien Obligations shall mean (i) the currently outstanding obligations designated as: (1) "City of Corpus Christi, Texas General Airport Revenue Bonds (Exempt Facility Bonds) (AMT) Series 2000A ", dated August 15, 2000, originally issued in the aggregate principal amount of $13,010,000; (2) "City of Corpus Christi, Texas General Airport Revenue Bonds (Non - AMT) Series 2000B ", dated August 15, 2000, originally issued in the aggregate principal amount of $9,640,000; and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a first and prior lien on the Net Revenues of the System as determined by the City Council in accordance with any applicable law. Z. The term Purchasers shall mean the initial purchaser or purchasers of the Certificates named in Section 26 of this Ordinance. AA. The term Stated Maturity shall mean the annual principal payments of the Certificates payable on March 1 of each year the Certificates are Outstanding as set forth in Section 2 of this Ordinance. 95635639.3 -22- BB. The term Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. CC. The term System shall have the same meaning as the term "Airport" as such term is defined in the Master Ordinance. SECTION 10. Certificate Fund - Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Certificates, there shall be and is hereby created a special fund to be designated "COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT) INTEREST AND SINKING FUND" (the Certificate Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 27. Authorized Officials of the City are hereby authorized and directed to make withdrawals from said fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. The City, at its sole discretion, may deposit the Pledged Revenue Amount to the Certificate Fund. The Pledged Revenue Amount, if deposited, shall be expended annually to pay principal of and interest on the Certificates as the same become due and payable. This Pledged Revenue Amount shall be accounted for and transferred to the Paying Agent/Registrar in accordance with the provisions of the previous paragraph of this Section. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund established by this Ordinance may, at the option of the City, be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities, including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home 95635639.3 -23- Loan Mortgage Association, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Certificates being (i) the interest on the Certificates and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Certificates or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: A. Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1) the amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year; (2) the amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Pledged Revenues, if any, or any other lawfully available funds to be appropriated and allocated during such year to pay such Debt Service Requirements, if any, prior to the Collection Date for the ad valorem taxes to be levied; and (3) the amount of Pledged Revenues, if any, or any other lawfully available funds appropriated and set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding Fiscal Year. B. The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (1) above less the 95635639.3 -24- sum total of the amounts established in paragraphs (2) and (3), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 12. Pledge of Pledged Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations or any Junior Lien Obligations or Subordinate Lien Obligations hereafter issued by the City, the Pledged Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the currently outstanding Limited Pledge Obligations and the Certificates and shall constitute a lien on the Pledged Revenues in accordance with the terms and provisions hereof and be valid and binding without any physical delivery thereof or further act by the City. SECTION 13. Revenue Fund. The City hereby covenants and agrees that all Gross Revenues derived from the operation of the System shall be kept separate and apart from all other funds, accounts and money of the City and shall be deposited as collected into the "CITY OF CORPUS CHRISTI, TEXAS AIRPORT SYSTEM REVENUE FUND" (the Revenue Fund). All money deposited in the Revenue Fund shall be pledged and appropriated to the extent required for the following purposes and in the order of priority shown: 95635639.3 First: to the payment of the reasonable and proper Maintenance and Operating Expenses of the System required by statute or ordinances authorizing the issuance of any indebtedness of the City to be a first charge on and claim against the Gross Revenues of the System; Second: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of the currently outstanding Prior Lien Obligations or any Additional Prior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; Third: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Junior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; Fourth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Subordinate Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; and Fifth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of the currently outstanding Limited Pledge Obligations and the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance. -25- Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment, security and benefit thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14. Deposits to Certificate Fund — Surplus Certificate Proceeds. The City hereby covenants and agrees to cause to be deposited in the Certificate Fund prior to a principal and interest payment date for the Certificates, from the Pledged Revenues in the System Fund, after the deduction of all payments required to be made to the special funds or accounts created for the payment, security, and benefit of (i) the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City or (ii) the currently outstanding Limited Pledge Obligations, any amounts budgeted to be paid therefrom in such Fiscal Year. Accrued interest received from the Purchasers of the Certificates shall be deposited to the Certificate Fund and ad valorem taxes levied and collected for the benefit of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds, including investment income therefrom, from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 15. Security of Funds. All money on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 16. Maintenance of System - Insurance. The City covenants and agrees that while the Certificates remain Outstanding it will maintain and operate the System with all possible efficiency and maintain casualty and other insurance (including a system of self - insurance) on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type of business and that it will faithfully and punctually perform all duties with reference to the System required by the laws of the State of Texas. All money received from losses under such insurance policies, other than public liability policies, are held for the benefit of the holders of the Certificates until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage must be made within ninety (90) days after the date of loss. The payment of premiums for all insurance policies required under the provisions hereof shall be considered Maintenance and Operating Expenses. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 17. Rates and Charges. The City hereby covenants and agrees with the Holders of the Certificates that rates and charges for airport services afforded by the System will be established and maintained to provide Gross Revenues sufficient at all times: 95635639.3 -26- A. to pay, together with any other lawfully available funds, all operating, maintenance, depreciation, replacement, betterment, and other costs incurred in the maintenance and operation of the System, including, but not limited to, Maintenance and Operating Expenses; B. to produce Net Revenues sufficient, together with any other lawfully available funds, to pay (i) the interest on and principal of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (ii) the interest on and principal of any Junior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (iii) the interest on and principal of any Subordinate Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; and (iv) the interest on and principal of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; and C. to pay other legally incurred indebtedness payable from the Net Revenues of the System and /or secured by a lien on the System or the Net Revenues thereof. SECTION 18. Records and Accounts - Annual Audit. The City further covenants and agrees that so long as any of the Certificates remain Outstanding it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by applicable law. The Holders of the Certificates or any duly authorized agent or agents of the Holders shall have the right to inspect the System and all properties comprising the same. The City further agrees that, following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants. Expenses incurred in making the annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. SECTION 19. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Certificates shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of 95635639.3 -27- all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 20. Issuance of Additional Prior Lien Obligations - Junior Lien Obligations - Subordinate Lien Obligations — Additional Limited Pledge Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Additional Prior Lien Obligations payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System; B. Junior Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System that is junior and inferior to the lien on and pledge thereof securing the payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues of the System securing the payment of the currently outstanding Limited Pledge Obligations, the Certificates and any Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City; C. Subordinate Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System that is subordinate and inferior to the lien on and pledge thereof securing the payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues of the System securing the payment of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City; D. Additional Limited Pledge Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System that is subordinate and inferior to the lien on and pledge thereof securing the payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City; and E. Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations, if issued, may be payable, in whole or in part, from Net Revenues of the System (without impairment of the obligation of contract with the holders of the Certificates) upon such terms and conditions as the City Council may determine. SECTION 21. Special Covenants. The City hereby further covenants that: A. it has the lawful power to pledge the Pledged Revenues supporting the Certificates and has lawfully exercised said powers under the laws of the State of Texas, including power existing under the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, Chapter 1503, as amended, 95635639.3 -28- Texas Government Code, Chapter 27, as amended, Texas Transportation Code, and the City's Home Rule Charter; and B. other than for the payment of the currently outstanding Prior Lien Obligations, the Limited Pledge Obligations, and the Certificates, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System; SECTION 22. Application of the Covenants and Agreements of the Prior Lien Obligations, Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administration and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the ordinances authorizing the issuance of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued. It is expressly recognized that prior to the issuance of any Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, or Additional Limited Pledge Obligations, the City must comply with each of the conditions precedent contained in the ordinances authorizing the issuance of the currently outstanding Prior Lien Obligations, the Limited Pledge Obligations, and the Certificates, as appropriate. SECTION 23. Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 24. Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying 95635639.3 -29- Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 25. Mutilated, Destroyed, Lost, and Stolen Certificates. If (1) any mutilated Certificate is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Certificate has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Certificates. SECTION 26. Sale of the Certificates — Official Statement Approval — Approval of Purchase Contract - Use of Certificate Proceeds. The Certificates authorized by this Ordinance are hereby sold by the City to , Texas (the Purchasers, having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract, dated , 2012, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Certificates shall be registered in the name of the . Any Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract 95635639.3 -30- are true and correct in all material respects and shall be honored by the City. Delivery of the Certificates to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Certificates. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated July 16, 2010, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and /or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. Proceeds from the sale of the Certificates shall be applied as follows: (1) Accrued interest (in the amount of $ ) received from the Purchasers shall be deposited into the Certificate Fund. The City received a net premium from the sale of the Certificates of $ which is hereby allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, and (3) $ shall be deposited in the Certificate Fund. (2) The balance of the proceeds derived from the sale of the Certificates, after making the deposits to the Certificate Fund as described in (1) above, shall be used to pay costs of issuance or deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Certificates. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Certificates pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 14 of this Ordinance. SECTION 27. Covenants to Maintain Tax - Exempt Status of Interest on the Certificates. A. Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. 95635639.3 -31- "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148 1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148 1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148 -1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1.148 1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. and "Yield" of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; (2) the Certificates has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. C. Use of Proceeds. At least 95% of the proceeds of the Certificates will be used to provide airport facilities within the meaning of section 142(a)(1) of the Code and the regulations and rulings thereunder. For purposes of this subsection, all costs of issuance financed directly or indirectly with proceeds of sale of the Certificates shall not be treated as used to provide airport facilities. 95635639.3 -32- D. Ownership of Project. At all times prior to the final Stated Maturity of the Certificates, the City shall own all of the property to be financed by the proceeds of the Certificates. E. Elections. The City hereby directs and authorizes the Mayor, City Manager and the Assistant City Manager for Government and Operations Support, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. F. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 or such other form and in such place as the Secretary may prescribe. G. Prohibition on Certain Uses of Certificate Proceeds. The City shall not use or permit the use of any proceeds of the Certificates or any income from the investment thereof: (1) to provide any airplane, skybox, or other private luxury box, any facility primarily used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises, or (2) to pay or otherwise finance costs of issuance of the Certificates (e.g., underwriting compensation, trustee and rating agency fees, printing costs, Issuer fees, and fees and expenses of counsel) in an amount which exceeds 2% of the proceeds of the Certificates. H. Prohibition on Certain Uses of Proceeds. The City shall not use or permit the use of proceeds of the Certificates to pay or otherwise finance the costs of acquisition of property (or an interest therein) unless the first use of such property is pursuant to such acquisition. I. Public Approval. The City shall timely obtain the public approval required by section 147(f) of the Code with respect to the Certificates. J. Representation Regarding Maturity of Certificates. The weighted average maturity of the Certificates will not exceed 120% of the average reasonable expected economic life of the facilities being financed with the Surplus Proceeds of the Certificates, both as calculated in accordance with section 147(b) of the Code. K. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. L. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from 95635639.3 -33- all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. M. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (1) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. N. Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any 95635639.3 -34- Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. SECTION 28. Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Certificates pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Certificates to the Purchasers. Furthermore, the Mayor, Mayor Pro Tem, City Manager, City Secretary, or City Attorney, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Certificates, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisor, bond counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Certificates to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 29. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of the Pledged Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and /or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Certificates. In the event of a gross defeasance of the Certificates, the City shall deliver a certificate from its financial advisor, the paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of redemption premium (if any), and interest due on any defeased Certificates. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit 95635639.3 -35- which would cause the Certificates to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 27 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Certificates, or applicable redemption date, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Certificates that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Certificates immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Certificates, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Certificates. SECTION 30. Printed Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to their being furnished a final opinion of Fulbright & Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Certificates, said opinion to be dated and delivered as of the date of initial delivery and payment for such Certificates. Printing of a true and correct copy of said opinion on the reverse side of each of said Certificates, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 31. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof, and neither the City nor bond counsel are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 32. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33. Ordinance a Contract, Amendments - Outstanding Certificates. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Certificates. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not 95635639.3 -36- be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required for consent to any such amendment, addition, or rescission. SECTION 34. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Paying Agent/Registrar, and the Holders. SECTION 35. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 36. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 38. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City. 95635639.3 -37- SECTION 40. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Certificates. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 41. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 42. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 43. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Certificate or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Certificate. SECTION 44. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http: / /www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by 95635639.3 -38- Section 26 of this Ordinance, being the information described in Exhibit C hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Certificates to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) (8) (9) Modifications to rights of holders of the Certificates, if material; Certificate calls, if material, and tender offers; Defeasances; (10) Release, substitution, or sale of property securing repayment of the Certificates, if material; (11) Rating changes; 95635639.3 -39- (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Certificates to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM 95635639.3 -40- ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. 95635639.3 -41- E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 45. Book -Entry Only System. It is intended that the Certificates initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Certificates shall be issued (following cancellation of the Initial Certificates described in Section 7) in the form of a separate single definitive Certificate. Upon issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Certificates shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Certificates registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Certificates from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Certificates (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Certificates, as shown on the Security Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Certificate, of any amount with respect to principal of, premium, if any, or interest on the Certificates. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in 95635639.3 -42- this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the City shall notify the Paying Agent/Registrar, DTC, and the DTC Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Certificates shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Certificates shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Certificates may be registered in whatever name or names the Holders of Certificates transferring or exchanging the Certificates shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 46. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Certificates, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Certificates, the Authorized Representatives and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Certificates by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 47. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 95635639.3 -43- 95635639.3 [The remainder of this page intentionally left blank.] -44- PASSED AND ADOPTED on the 31st day of July, 2010. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS DAY OF , 2012: Carlos Valdez, City Attorney (CITY SEAL) Schedule I — Approval Certificate EXHIBIT A - Paying Agent/Registrar Agreement EXHIBIT B — Purchase Contract EXHIBIT C - Description of Annual Financial Information EXHIBIT D - DTC Letter of Representations 95635639.3 S -1 THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 31st day of July, 2012, authorizing the issuance of the City's Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT), which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 31st day of July, 2012. City Secretary (CITY SEAL) 95635639.3 95635639.3 SCHEDULE I APPROVAL CERTIFICATE SEE TAB NO. Schedule I 95635639.3 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. A -1 95635639.3 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. B -1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 44 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix C, but for the most recently concluded fiscal year. (2) All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", "FIVE YEAR OPERATING STATEMENT FOR AIRPORT SYSTEM ", and "THE TAX INCREMENT FINANCING ACT ". Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 95635639.3 C -1 95635639.3 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. D -1 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: July 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com Texas South - International Alliance Memorandum of Understanding CAPTION: Resolution approving the Texas South - International Alliance Memorandum of Understanding between the cities of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christi. PURPOSE: Participation in Texas South - International Alliance via the MOU will ensure that labor, transportation, educational, infrastructure, and cultural assets and other amenities existing within these cities and the region are marketed collectively to provide a stronger case for attracting foreign investors and trade. BACKGROUND AND FINDINGS: Resulting from the participation in the 2010 Shanghai World Expo, San Antonio's Councilwoman Chan visited several South Texas mayors in the fall of 2010 to develop a regional international economic development vision focused on strategic collaboration. The initial dialogue led to preliminary meetings of an international economic development alliance hosted by Corpus Christi Mayor Joe Adame on October 31, 2011 and Brownsville Mayor Tony Martinez on March 5, 2012. The mayors of Brownsville, Corpus Christi, Edinburg, Laredo, San Antonio, and San Marcos agreed that collaboration on regional international economic development and trade showcases regional business networks, supply chains, and infrastructure assets that strengthen the region's ability to attract foreign direct investment. The group agreed the name Texas South - International Alliance represented the collaborative vision for the group. The Alliance received supportive feedback from Texas Secretary of State Hope Andrade and Chinese Consul General Xu Erwen in Houston. Secretary Andrade suggested a formal organizational structure to help the Alliance survive changes in political leadership. The Alliance decided to initiate a Memorandum of Understanding (MOU) among participating cities, while continuing to work on the final formal organizational structure. The MOU contains the following major action items: • Planning a delegation to China in early 2013 • Developing a "Cultivating Relations Document" for marketing purposes • Participating in the NAFTA 20 Business Summit in November 2012 hosted in San Antonio ALTERNATIVES: Without the Approval /Endorsement from Council for this initiative, Corpus Christi would miss a major opportunity to engage in a collaboration that would enhance jobs and investment to the City. In addition, the Alliance efforts have already received positive feedback from the media, supporting partner cities, and economic development organizations. OTHER CONSIDERATIONS: This approach will enhance Corpus Christi's profile as a global city with regional strengths in energy, healthcare, logistics, heavy manufacturing, and tourism. CONFORMITY TO CITY POLICY: This MOU aligns with the City Council's goals of encouraging economic development. EMERGENCY / NON - EMERGENCY: NON - EMERGENCY DEPARTMENTAL CLEARANCES: 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: RECOMMENDATION: Staff recommends signing the Memorandum of Understanding with the Texas South - International Alliance. LIST OF SUPPORTING DOCUMENTS: Texas -South International Alliance Memorandum of Understanding Memorandum of Understanding Among Members of the Texas South — International Alliance On this (date) of 2012, representatives from the following Charter City members of Brownsville, Corpus Christi, Edinburg, Laredo, San Antonio and San Marcos (the "Parties ") acknowledge the significant benefit that will likely result from strategic collaboration on those economic development activities that promote the positive business attributes of the South Texas region. The Parties are entering into this Memorandum of Understanding ( "MOU ") for the Texas South - International Alliance ( "TS -IA ") to ensure that labor, transportation, educational and cultural assets and other amenities existing within these cities and the region are marketed in the aggregate, to collectively provide a stronger case for attracting foreign investors and trade. By growing international trade and foreign investment in the region, new jobs and investment are created, resulting in a net gain for South Texas, as well as the United States. Each member of the (TS -IA) agrees to: • Collaborate on establishing and conducting an initial trade mission to China and other countries to market the Texas South region in 2012. • Consider common areas for regional marketing to focus on, but not be limited to, energy, bioscience and healthcare, logistics, advanced manufacturing and tourism to garner international attention and investment. • Leverage Texas South educational linkages and research assets. • Market geographic advantages which serve as a gateway to Latin America. • Consider geographic boundaries of the TS -IA area to form a "diamond shape" that encompasses Corpus Christi, Brownsville, Edinburg, Laredo, San Antonio and San Marcos. • Identify current linkages in each respective community to support the expansion of exports to foreign markets, including China. Each TS -IA member recognizes that corporate locations bring economic benefits to the South Texas region as a whole; thus, the group will develop a joint marketing approach for the region. The staffs of each TS -IA organization, with the direction of their policy - making bodies, shall determine the resources expended by each TS -IA Charter City toward these joint marketing efforts. This MOU may only be amended with the unanimous written consent of all of the Parties hereto. Signatures (Mayor's of Brownsville, Corpus Christi, Edinburg, Laredo, San Antonio, San Marcos, and EDCs in the region) Page 1 of 2 Resolution Approving the Texas South — International Alliance Memorandum of Understanding between the cities of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christi. Whereas, the mayors of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christ agreed that collaboration on regional international economic development and trade showcases regional business networks, supply chains and infrastructure assets that strengthen the region's ability to attract foreign direct investment. Whereas, the "Texas South — International Alliance" was the name chosen for the group. Whereas, the Texas South — International Alliance Memorandum of Understanding ( "MOU ") was created to memorialize the group's intentions while they complete the final formal organizational structure. Whereas, the MOU aligns with the City Council's goals of encouraging economic development. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council, as the governing body of the City of Corpus Christi, approves the Texas South — International Alliance Memorandum of Understanding. The MOU is attached to this resolution as Attachment A. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Resolution Texas South — Intl MOU 7 -6 -12 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 Texas South — Intl MOU 7 -6 -12 Page 2of2 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 24, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com (361) 826-3729 CAPTION: Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Approval of Contract for Professional Services: Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay (Project No. E10196) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with RPS Espey of Austin, Texas in the amount of $538,680.00 for the Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay. PURPOSE: This project will be accomplished in 2 phases. Phase 1 focuses on the collection and compilation of data and a preliminary study of Oso Bay. The goal of Phase 1 to generate a detailed work plan for subsequent investigation and modeling in Phase 2; and to execute field sampling to support the development of the dissolved oxygen model. Phase 2 focuses on model selection, development and execution of the Oso Bay dissolved oxygen model. Once calibrated, the model will be used to evaluate various permit scenarios on water quality in the Bay. Results from the scenario runs will help determine the impact of plant effluent on bay health and provide valuable site - specific information for finalizing the permit action for the Oso treatment plant. Model results will be shared with the TCEQ to ascertain baseline permit limit criteria for future Oso Water Reclamation Plant Discharge requirements for dissolved oxygen, BOD (Biochemical Oxygen Demand) and TSS (Total Suspended Solids). This proactive assessment better positions the City understanding with the TCEQ of future permit requirements. C: \Program Files \Granicus \Legistar5 \Packet \965_City Council_ 7 _ 24 _ 2012 \0035_1_Memo - Oso Dissolved Oxygen.docx BACKGROUND AND FINDINGS: The Oso Water Reclamation Plant is the largest of six plants owned by the City of Corpus Christi (City). This plant is currently permitted for 16.2 MGD discharge. On average, the plant treats about 11.3 MGD of wastewater. The plant discharges to a canal leading to the west bank of Oso Bay (Texas Commission on Environmental Quality (TCEQ) stream segment #2485). Oso Bay is designated in the Texas Surface Water Quality Standards for exceptional aquatic life use. To protect seagrass and other aquatic life in Oso Bay, the TCEQ is requiring implementation of ammonia limits of 4 mg /L on the discharge from Oso Water Reclamation Plant by late 2013. Additional, more stringent limits on BOD and TSS may be implemented in future permit renewals. The goal of this study is to investigate the need of these possible new restrictions in regard to protecting aquatic life in Oso Bay. This study will utilize nutrient and dissolved oxygen data. RPS Espey of Austin, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2011 -01 Professional Services for Department of Engineering Services Projects, dated January 18, 2011. ALTERNATIVES: 1. Award the contract to RPS Espey as proposed. 2. Do not award the contract to RPS Espey as proposed. EMERGENCY / NON - EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2012 -2013 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $1,354,100.00 $8,635,400.00 $2,027,000.00 $12,016,500.00 Encumbered /Expended Amt. 1,354,100.00 6,461,406.35 7,815,506.35 This item 538,680.00 538,680.00 Future Expenditures 43,094.40 43,094.40 BALANCE 0.00 $1,592,219.25 $2,027,000.00 $3,619,219.25 FUNDS: Wastewater CIP Comments: Approval of the contract is requested so work may begin in a timely manner. C: \Program Files \Granicus \Legistar5 \Packet \965_City Council_ 7 _ 24 _ 2012 \0035_1_Memo - Oso Dissolved Oxygen.docx RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to RPS Espey of Austin, Texas, in the amount of $538,680.00 for professional services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager C: \Program Files \Granicus \Legistar5 \Packet \965_City Council_ 7 _ 24 _ 2012 \0035_1_Memo - Oso Dissolved Oxygen.docx PROJECT BUDGET ESTIMATE OSO WATER RECLAMATION PLANT DISSOLVED OXYGEN MODELING FOR OSO BAY Project No. E10196 July 31, 2012 FUNDS AVAILABLE: Wastewater CIP $12,016,500.00 FUNDS REQUIRED: Construction (estimate) TBD Contingency (10 %) TBD Consultant Fees: Consultant (RPS Espey) * 538,680.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 14,813.70 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 18,853.80 Finance Issuance 6,733.50 Misc. (Printing, Advertising, etc.) 2,693.40 TOTAL $581,774.40 * *Additional Projects Prior Expenditures $7,815,506.35 ESTIMATED PROJECT BUDGET BALANCE $3,619,219.25 * Construction Observation Services not included in RPS Espey's consultant fee. TBD - To Be Determined ** Additional projects under the budget line item include: Nutrient Removal (Ammonia) Project No. E09007 Process Improvements, Belt Filter Press Building Replacement Project 7423 \Mproject\councilexhibits\exhEl 0196. d wg OSO WATER RECLAMATION PLANT DISSOLVED OXYGEN MODELING FOR OSO BAY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Espey Consultants. Inc. dba RPS Espey, a Texas corporation, 4801 Southwest Parkway, Parkway 2, Suite 150, Austin, Texas 78735, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay (Project No. E10196) — The objectives are to identify a model that is acceptable to both the City and the TCEQ, obtain the data necessary to effectively run the model, and develop results that are scientifically defensible and supportive of the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007). These objectives must also meet the schedule constraints of the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007). A summary of the activities follows: 1. Finalize the current permit action for the Oso Plant 2. Identify the Appropriate Model 3. Compile relevant existing data necessary for the model 4. Prepare a Study Work Plan 5. Conduct field studies, as necessary to obtain additional data 6. Construct the model 7. Define critical conditions 8. Calibrate the model 9. Evaluate potential discharge limitations 10. Prepare report of the results 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Contract for Engineering (A/E) Services Page 1 of 3 K:'ENGINEERING DATAEXCHANGEWELMAPIWASTEWATER1E10196 OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAYICONTRACT PROFESSIONAL SERVICESICONTRACT PROFESSIONAL SERVICES - OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAY.DOC Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit «B„ 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $538,680.00, (Five Hundred Thirty Eight Thousand Six Hundred Eighty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 8. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Contract for Engineering (NE) Services Page 2 of 3 K:IENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERRE10196 OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAYICONTRACT PROFESSIONAL SERVICESICONTRACT PROFESSIONAL SERVICES - OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAY.DOC 9. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C". CITY OF CORPUS CHRISTI ESPEY CONSULTANTS, INC. dba RPS ESPEY Oscar R. Martinez, Date David K. Harkins, PH. D., P. E., D. WRE, Date Vice President 4801 Southwest Parkway, Parkway 2, Suite 150 Assistant City Manager RECOMMENDED Austin, TX 78735 (512) 326-5659 Office (512) 326-5723 Fax Daniel Biles, P. E., Date Director of Engineering Services / Foster Crowell, Date Director of Wastewater Services APPROVED AS TO FORM Office of Management Date and Budget Legal Department ATTEST Date Armando Chapa, City Secretary Project Number: E10196 Fund Source Number: 550950-4247-00000-E10196 Encumberance Number: Contract for Engineering (NE) Services Page 3 of 3 K SENGINEERING DATAEXCHANGEWELMAP1WASTEWATERSE10196 OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAYICONTRACT PROFESSIONAL SERVICESkCONTRACT PROFESSIONAL SERVICES - OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAY DOC 4801 Southwest Parkway, Parkway 2, Suite ISO, Austin, Texas 78735, USA 512 326 5659 F +1 512 326 5723 W wwty rr$sgroup.ccm DATE: April 30, 2012. TO: Dan Biles, P.E. Foster D. Crowell, P.E. William J. Green, P.E. Joe Trejo, P.E. City of Corpus Christ! Department of Engineering Services FROM: David Harkins, Ph.D., P.E.,D.WRE Ernest To, Ph.D., P.E. Subject: Revised scopes, schedules and budgets for Phase 1 and 2 of Oso Bay Dissolved Oxygen Modeling Project (Project number: E10196) Introduction On 4/23/2012, RPS -Espey met with City of Corpus Christi Engineering Services (City) to discuss the scope, schedule and budget of the Oso Bay Dissolved Oxygen Modeling Project (submitted on 3/22/2012). Several comments and changes were received by RPS -Espey from the City during the meeting. This memo presents the revised scope, schedule and budget that incorporate the agreed - upon changes from the meeting. The project is organized into two phases: Phase 1 and Phase 2. Phase 1 focuses an the collection and compilation of data and a preliminary study of 05o Bay. The goal of Phase 1 is 1) to generate a detailed work plan for subsequent investigation and modeling in Phase 2; and 2) to execute field sampling to support the development of the dissolved oxygen model. Phase I is anticipated to start in August 2012. Phase 2 focuses on model selection, development and execution of the Oso Bay dissolved oxygen model. Once calibrated, the model will be used to evaluate various permit scenarios on water quality in the Bay. Results from the scenario runs will help determine the impact of plant effluent on bay health and provide valuable site - specific information for finalizing the permit action for the Oso treatment plant. Phase 2 is anticipated to start in December 2012. United States 1 Canada 1 Brazil 1 UK 1 Ireland 1 nds Australia Asia Pacific 1 Russia 1 Middle East! Africa EXHIBIT "A" Page 1 of 14 RPS This memo provides separate scopes and budgets for the two phases for the City's review. Together, the two phases cover the 9 stated key activities laid out in the Oso Reclamation Plant Nutrient Removal Project (Ammonia} RFC!, namely: 1. Finalize the current permit action for the Oso Plant, 2. Identify the appropriate del, 3. Compile relevant existing data necessary for the mode), 4. Prepare a study work plan, 5. Conduct field studies, as necessary to obtain additional data, 6. Construct the model, 7. Define critical conditions, 8. Calibrate the model; and, 9. Evaluate potential discharge limitations. Details of tasks in Phase 1 and 2 are provided in the following sections. For a summary table af tasks and costs please refer to the attached pdf (Oso_Projected_Costs_20120501.pdf). EXHIBIT "A" Page 2 of 14 RPS Phase 1 scope and budget Phase 1 has an anticipated start date of August 2012 and is expccted to Iast 13 months till SeptembRr 2013. The projected cost for Phmmelis$139.380, It consists of two main tasks: Task 1 and Task 2, which will be executed concurrently. Task %summary Projected period: Aug 2012 to Dec 2012. Task 1 consists of site characterization, review of existing information on Da° Bay and Oso Plant and conceptual modeling. The site characterization includes a reconnaissance and bathymetric survey of Oso Bay. In his research, Prof. Ben Hodges from the University of Texas at Austin observed the presence of sandbars in the Bay, which due to the Bay's shallowness, can dramatically impact circulation patterns. locating the sandbars and other underwater features such as shallow areas will be crucial to subsequent sampling and modeling activities. Once site characterization has been performed, the team will designate sites for deployment of CTD (conductivity, temperature and depth) sensors, velocity meters, and dissolved oxygen probes in Task 2. Monitoring activities may also include measurements nf site- specific dmta such as sediment oxygen demand and benthic nutrient fluxes so that the impact of seagrasses and benthlc organisms on the nutrlent cycle can be quantified. The review af existing information will include permit requirements, water quality standards, related reports and previous modeling efforts. At the end of Task 1, a conceptual modeling exercise will be performed to tlst the physical, chemical and biological processes In the Bay and identify data gaps for further investigation. The deliverable from Task 1 will be a detailed Study Work Plan. A presentatlon to the CIty and TCEQ on the Study Work PIan will be conducted at the end of this phase. The projected cost for Task 1b$98,32O and the projected duration is4months. Task 2 summary Projected period: Sept 2012mSept 2013. Task 2 involves the water quality monitoring ufQou Bay to provide site-specific and up-to-date water quality and hydrodynamic data for subsequent development af the Oso Bay model. This task Includes 1) a 12-month continuous water quality monitoring program and 2) an intensive summer sampling program to study the lmpact of the piont effluent during crltical condltlons. The purpose of the contlnuous monitoring program istoevaluoxethemeamona|andd\urua|bmhaWorm/ the Bay wlth respect to water quallty, tidal effects, oxygen productlon and re5plratiofl, and clrculatlon. One key goal of this study is to investigate how the changes in water quality and quantity of the Barney Davis Power Plant discharge affects circulation and nutrient processes in the Bay. Data from the sampling will be published via a web portal which will also allow online mapping and visualization of the data. EXHIBIT "A/ ?age 3 of 14 RPS The purpose of summer sampling is to track the effluent from the Oso By treatment plant through an intensive 48-hr survey to observe effluent behavior under critical conditions. This study will provide ground confirmation of the plume fate and transport and validation data for the DO-nutrient model, The deliverables from Task 2 will be Initially 1) a continuous monitoring plan and 2) a summer sampling plan which will be submitted before commencement of the field work. After the field work has been performed, 3) a continuous monitoring report and 4) a summer sampling report will be submitted. The projected cost for Task 2 is $46,600 and the projected duration is 12 months. Phase 1 Project Meetings (4) The team anticipates four (4) meetings with the City and/or TCEQ over the duration of thls project. The projected cost for meeting and preparation is $14,460 Total Projected costs for Phase 1: Task 1. Site Characterization and Detailed Study Work Pion $ 98,320 Task 2. Long Term Monitoring $ 46,600 1*) Meetings $ 14,460 Phase 1 Total: $ 159,380 De fled project schedule for Phase 1 A detailed project schedule table for Phase 1 is provided an the next page. EXHIBIT "A" Page 4 of 14 RPS Detailed Schedule for Oso Bay Dissolved Oxygen Modeling Project (Phase 1) 12 2013 111111111111311:1012M1MilLZ3 mica iMMI 111 mar Alb Eli MIMI rrowarrwts far Car w riteWartaw Mat Farearr armor r hearfcal frarrearar ;ewes wral aft"a rattarra cancrearawara III INNEN hifVVIN COMM% nomorenti n Oar ray lardy darn Mitte4 data rawa tkrd'i " " °WC" 11111111111111111111INIIIIIIIIIIIIIIMINININIIIIIIIIIIIIIII ilia1111111111=1/111111111.11111111110111111.11M. 204 =darn r 111EMI:=Imminimminnumnimm. Ora 110115=* 1111MW=1"""- 7,1"L '111.1111111111111111011111111111111111111111111111111111111. y,ty tar a..." "or 1 re y 11.11- =tr.' 11111..11111Mill C24'ewl4 ""fxv4 /111111111111111 Att'n • =C=11111111111111111111111111•111111 111 Futmo priodtro,_ 7. In_ort ,, and* 3=114 alas Detailed scope of services for Phase 1 A detailed breakdown of the subtasks under each task under Phase 1 of the project is listed below. Task 1. Site Characterization and Detailed Study Work Plan Subtasks: 1.1 REVIEW EFFLUENT PERMIT REQUIREMENTS FOR OSO WATER RECLAMATION PLANT a. Review current TPDES permit requirements for Oso Plant. b. Review treatment performance and goals of Oso Plant for nutrients and DO. c. Review nutrient removal processes at Oso Plant from: 1 current methods of ammonia removal (e.g. breakpoint chlorination) and their limitations; and IL alternative methods of ammonia removal and effectiveness. d. Investigate Oso Plant's permitting needs and future/potential effluent targets. 1.2 REVIEW DO/NUTRIENT IMPAIRMENTS IN OSO BAY a. Review historical and current TCEQ screening criteria in Oso Bay. b. Review historical and current TCEQ listings of impaired WQ segments in Oso Bay, c. Review previous nutrient modeling efforts by TCEQ and other parties. 1.3 DENTIFY DATA SOURCES, DATA GAPS, ETC, EXHIBIT "A" Page 5 of 14 RPS a. Identffy sources of data for data compIIaton, e.g. � iv. v. vi. vii. CCBNEP; City of Corpus Christi; Texas Coastal Ocean Observation Network Texas Parks and WiIdllfe Department; TCEQ Surface Water Monitoring Program; Linited States Geoiogical Survey; and, other research reports and academlc Journai articles, Identify reievant study reports from state, local and academic sources, e.g. TCEQTMDL studies, Corpus Christi Bay National Estuary Program (CCBNEP) reports, acadernlcjournal articles. 1.4 DATA COMPII.ATION a. Perform preliminary data compilation to assist in development of study work plan. 1.5 SITE RECONNAISSANCE AND 8A7HYk4GTHIC SURVEY OF OSO BAY a. Perform bathymetry survey to locate underwater features such as sandbars that can Impact water circulation. 1.6 CONCEPTUAL MODELING a. Select study area by taking into account impacted TCEQ WQ segments, location of sources and site characterization data. b. Identify sources mf lnflow, nutrierits, 800 and 00 for Oso Bay i polnt sources — WWTPS, Barney Davis Power Plant dlscharge; Q. non-point sources — watershed runotf; and, U|. in-bay sources (e.g. benthic demand and benthic nutrient sink.s/sources). c. ldentlfy natural processes within Oso Bay that affect DO and nutrlents, e.g. i. aquatic vegetation (e.g. algae, seagrass); |L 6endmlcpn»casmeo| 0i. water circulatlon patterns; iv. tidal exchanges with Corpus Christi Bay; and, V. 5allflity gradients or stratificatlon in the Bay. 1.7 PREPARE A STUDY WORK PLAN 1.8 PRESENTA11ON TO TCEQ AND CITY ON STUDY WORK PLAN a. Presentation to TCE and City an study work pan + conceptual model. b. Prepare response to comments from TCEQ. Task 2, Long-term monitoring and summe program Subtasks: 2.1 PREPARE CONTINUOUS MONITORING PLAN AND SUMMER 5AMPLING PLAN a. Revlew nformatlon gathered from site characterization and bathymetric survey b. Designate sites for deployment of CTD (conductivity, temperature and depth) sensors, velocity meters, and dissolved oxygen probes to evaluate the seasonal and diurnal behavior EXHIBIT "A" Page 6 of 14 RPS in water quality, tidal oMects, oxygen production and respiration and circulation that are chararteristic of the Bay and the Barney DaWs Power Plant discharge. c. Conduct measurements of site-specific data such as sediment oxygen demand and 6enthin nutrient fluxes so that the Impact of seagrasses on the nutrient cycle can be quantified. d. Anticipated Jength af monitoring is 12 month5. e. Develop field study plan to track the effluent from the Oso Bay treatment plant through an intensive 48-hr survey to observe effluent behavior under critical conditions and to provide vaildatlon data for the DO-nutrient model. 2.2 FIELD STUDIES: LONG TERM MONITORING a. Acquire sampling equipment and construct monitoring platforms for deployment in Oso Bay. b. Provide regular servicing and maintenance to monitoring stations. 2.3 PUBUSH AND HOST SAMPUNG DATA ON CCBAY HIS a. Create a web portal for downloadlng and visuallzing data collected from this project for public access. 2.4 FIELD STUDIES: SUMMER SAMPLING a. Projected to be conducted in Summer 2013. Phase 1 Project Meetings (4) The team anticipates four meetings with the City and/or TCEQ aver the duration of this project. EXHIBIT "A" Phase 2 scope and budget Phase 2 has an anticipated start in Dec 2012 (upon approval of study work plan) and is expected to last 18 months tilt June 2014. The projected cost for Phasel is $379.300. It consists of three main tasks: Task 3, Task 4 and Task 5, The three tasks and the projected costs are summarized below. For the detailed schedule, please refer to section 3. For detailed description of the tasks under each phase, please refer to section 4. The team will provide detailed descriptions of QAQC procedures and targets in its sampling and modeling plans to ensure the quality of the final products. Task 3 summary Projected period: Dec 2012 to May 2013. This task consists of data compilation, trend analysis, model review and selection. Trend analysis of the data will help identify which processes in the Bay are dominant and what conditions are most critical to dissolved oxygen levels. A list of applicable existing models will be drafted. This list will be reviewed based on criteria such as ability to simulate dominant processes, acceptability by regulatory agencies, and ease -of transfer to other entities to use. The deliverable will be a model selection report which will describe the selection process and the final recommended model(s). Two meetings with the TCEQ and the City will be conducted; one in the middle of Phase H to give a progress update and to obtain comments; and, one after the submission of the report to explain the model selection process and the results. The projected cost for Task 3 is 558,950 and the projected duration is 5 months,. Task 4 sumrrtary Projected period: Jun20I3 to April 2014. This task consists of the literature review for model parameters, construction of the hydrodynamic and DO-nutrient models, model calibration and validation, and finally scenario runs. For the model construction, first the hydrodynamic model will be built and calibrated, followed by the DO-nutrient model. Data from the continuous and summer sampling (see sampling phase below) will be used to calibrate and validate the data. Critical ©O conditions identified in Task 3 and potential discharge limits will be used to develop model scenarios for simulation. Results will be used to evaluate the impact of new and old effluent standards. The deliverable will be a modeling report which will describe model inputs, parameters and results in detail. documentation will also be provided to aid in the transfer of the model to other entities to use The projected cost far Task 4 is 5218,640 and the projected durotlon is 10 months, Task 5 summary Protected period: April 2014 to June 2014. EXHIBIT "A' Page 8 of 14 RPS This task consists of drafting the permit application and finalizing the permit action. The technology- based effluent limits developed by the Oso Plant nutrient removal team will be utilized together with water quality-based effluent limits derived from the DO-nutrient model to draft the permit. The projected cost for Task 5 is $33,080 and the projected duration is 2 months. Phase 2 Project Meetings (6) The team anticipates six (6) meetings with the City and/or TCE0 over the duration of Phase 2 of this project. The projected cost for meeting and prepor tion is $28,620. Total Projected costs for Phase 2: Task 3. Data analysis and model selection $ 98,960 Task 4. Model development and permit scenario evaluation $ 218,640 Task 5. Finalize Permit action for Oso Plant $ 33,080 (+1 Meetlnas $ 28,620 Phase 2 Torok $ 379,300 Detailed project schedule for Phase 2 A detailed project schedule table for Phase 2 Is provided on the next page. EXHIBIT "A" P .e 9 of 14 has 2 Task& Data RPS Data ed Schedule for Oso Bay Dissolved Oxygen n Modeling Project (Phase 2) I ction T U MU and Mud autou t01414 MUM ccintlUna 0404 Ut =kb mamma to 0053 Cly 420in audektg autttecit 121 nt 2012 2013 2014 MOM Oc Hv p kb [MI Ii7S1 11:31U311123111 111•1111111111111111111111111 11111111.11111111•11111111111111111 111111111111111111111111111111111•111111111 111111111111111111•1111111111111.11 11111111.11111111111111111111111111111.1•1111111111111111111111111 11111111111111111111111.1111111111.111111111111111111111111 1111111110111111111111111.1111111111111111111111111 11111111111111111111•111111.111111111111111•11111111 1=1111111111111111.1 nod Atia104 Uority cr6041444400(44 tor model sconuiO4 Wray Ut avuwiatt =ON (1) •iii11111111111111111 1111 o ovalus 10 Froser4,4,4 t T�U to stitko rrofttilt oult maa•maaiiu 1,1444144 teview antl Oara Artatys a I ar 00,4610,114444444 1111111 Ormstwat ytccrj rric =IC Cakw-M, 1111.11.1111111111111111111111111111111111111111111111111511111111111111111111 Cattsts Nee 11111111111111111_ mai Comma IN111111111111111111111111111111111111111111111•1111111111111111111 combunco.timdei ammo gam camilxku.4.1 immonummalmommanommisionmalimm rarte4 rtudet 111.1 • • tin Uesuunixttotatdecru4 kreakau k111.1 ,„,,1 • • 01,041 Awl 4AUTA 114 fru 040 ttkrt Plant R4,444 pried Internal w utOty 4,40t4=1313 01341 ,64 <4.047,0 3.6 Detailed scope of services for Phase 2 Phase 21 Task 3. Data analysis and model selection Subtasks: 3.1 COMPILE RELEVANT EXISTING DATA NECESSARY FOR THE MODEL a. Compile relevant study reports from sources Identified in Phase 1 b. Compile data from sources identified in Phase 1 into extensive WQ database. c. Employ data-models to organize, manage and disseminate data. 3.2 DATA AND TREND ANALYSIS a. Develop time-series, spatial and statistical plots of the data. b. Identify dominant processes in the Bay/watershed through trend analysis. a. Define critical conditions for DO and nutrients based on 3.3 DEFINE CRITICAL CONDITIONS EXHIBIT "A" Page 10 of 14 RPS i. Temperature conditions; i. Wind conditions; il. Tidal conditions; iii. High-flow and low-flow events; iv. Influent toads to treatment plant; and, v. Barney Davis Power Plant discharge. 3.4 CREATE LIST OF APPROPRIATE MODELS a. Identify potential models for hydrodynamic and water quality modeling, examples are listed below (from the most simplistic to most sophisticated): 1. CSTR models II. CORMIX mixing zone model, iii. EFDC hydrodynamic model, iv. SWAT watershed model, v. WASP nutrient model, and vi. ELCOM hydrodynamic model, etc. (Bay model may be a combination of models coupled through a linkage system) 3.5 PREPARE AND SUBMIT MODEL SELECTION REPORT a. Review model choices Identified based an criteria such as i. ability to simulate dominant processes in the Bay, ii. data and parameter requirements, ill. computational requirements, iv. ease of training and transferability of model to client or other entities, and v. public domain vs. copyrighted software. b. DO model may be a combination of twa or more models, e.g. EFDC-WASP combination to simulate hydrodynamics-nutrient cycle. c. Prepare and submit model selection report 3.6 PRESENTATIONS TO TCEQ. AND CITY TO EXPLAIN MODELING APPROACH (2) a. Two meetings with the TCEQ and the City will be conducted: one in the middle of Phase II to give a progress update and to obtain comments; and, one after the submission of the report to explain the model selection process and the results. Task 4. Model development and permit scenario evaluation Subtasks: 4.1 UTERATURE REVIEW AND DATA ANALYSIS FOR MODEL PARAMETERS b. conduct literature review and data analysis to derive the parameters necessary to characterize the physical and biological processes in the Bay. 4.2 CONSTRUCT HYDRODYNAMIC MODEL a. Construct the model grid for the selected study area. EXHIBIT "A" Page 11 of 14 RPS b. Incorporate model parameters into model. c. Implement boundary and initial conditions. d. Perform test runs of the model 4.3 CALIBRATE HYDRODYNAMIC MODEL a. Define model calibration period. b. Calibrate the model with data collected c. Provide plats to compare model results with data. d. Perform sensitivity analysis and plots to show sensitivity to selected parameters. 4.4 CONSTRUCT DISSOLVED OXYGEN-NUTRIENT MODEL a. Construct the model grid for the selected study area. b. Incorporate model parameters into model. c. Implement boundary and initial conditions. d. Couple flow information from hydrodynamic model outputs. e. Perform test runs of the model. 4.5 CALIBRATE DISSOLVED OXYGEN-NUTRIENT MODEL a. Define model calibration period. b. Calibrate the model with data collected c. Provide plots to compare model results with data. d. Perform sensitivity analysis and plots to show sensitivity to selected parameters. 4.6 EVALUATE POTENTIAL DISCHARGE LIMITATIONS a. Define simulation scenarios based on critical conditions identified in Task 8. b. Include scenarios based on various effluent concentrations. c. Evaluate DO and nutrients In the Bay under various scenarios. d. Evaluate potential discharge limitations under various scenarios. 4.7 VALIDATE MODEL WITH SUMMER SAMPLING DATA 4.8 PREPARE REPORT OF THE RESULTS a. Prepare report documenting modeling process and results from scenario runs. Task S. Finalize permit action for Oso Plant Subtasks: 5.1 FINALIZE THE CURRENT PERMIT ACTION FOR THE 050 PLANT a. Provide recommendations for permit action based on model results. b. Review permitting procedures and finalize permit action for Oso Plant. c. Provide recommendations for future studies/modeling efforts EXHIBIT "A" Pa.e12 of14 Detailed cost breakdown for both Phase 1 and Phase 2 For detailed cost breakdown please refer to the attached pdf f O so _Pr©jected_Costs_20120501.pdf). EXHIBIT "A" Page 13 of 14 I s tat +if .:taw ttAtt elm 111111111.111 �11=1- MM. 118/1/11111011111111111111111MI n..air �■ ■M aralinn MU■ ���.1 ®- ,_ „e _ l •ITI_nsionsi uI.=.. 61 MUNIIIIIMMINIall . 1111111111111.in IMIUMIUMBRIMIREEMIMINIMIHME immimgmwiainiummuno et Rot e P EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements 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 with applicable policy endorsements, 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 (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or reduction in coverage or limits required on all certificates or by policy endorsements 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 6. Personal Injury / Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT UMBRELLA — EXCESS LIABIITY Must follow form $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $2,000,000 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 Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act $500,000/$500,000/$500,000 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this agreement, 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 (except for Professional Liability), 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. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance 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: (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 policies; 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 on CGL and Auto policies of any suspension, cancellation, non - renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. 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 agreement. EXHIBIT "B" Page 2 of 3 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 agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 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. EXHIBIT "B" Page 3 of 3 SUPPLIER NI IMI1LR TORE ASSIGNED IIVTITS- = PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 171 12, as amended, requires all persons or firms seeking to do business with the City to provide the following infonnation. Every question must be answered. If the question is not applicable, answer with -NA". Sec reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: Espey Consultants, Inc. dba RPS Espey P, 0. BOX: STREET ADDRESS: FIRM IS: 4801 Soutlm e8t Pk■sy, Pkv■. 2, Suite ISO 1. Corporation X 4. Association I1 CITY: Austin, TX ZIP: 78735 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS !f 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 o' Idle ownership in the above named -firm.' Name Job Title and City Department (if known) Jo/1e 2. State the names of each -off of the City of Corpus Christi having an —0‘t nerslup interest- constituting 3% or more of the ownership in the above named ' Name Title 3. State the names of each -board member- of the City of Corpus Christi having an -ovotership interest- constituting 3% or more of the ownership in the above named -firm,- Name e Board, Commission or Committee 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 30/0 or more of the ownership in the above named -firm.- Natne Consultant EXHIBIT "C" Pae 1 of 2 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 em m ployee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof. von 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 tie interest ot the City official or employee in the matter is apparent. The disclosure shall also he made in a signed writing tiled 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: David K. parkins, P-E., IMRE. 'ritie: rmie or Print) Signature of Certifying Person. Vice President 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 efThet 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 %vhether 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. I. -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."- -Consultant.- Any person or fimt, 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 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% O50 WATER RECLAMATION PLANT DISSOLVED OXYGEN MODELING FOR O50 BAY Council Presentation July 24, 2012 WASTEWATER DEPARTMENT Project Scope WASTEWATER D E P A T E N T Project Schedule 'lly al COT. Can'Sfi WASTEWATER DEPARTMENT FUNDS AVAILABLE: Wastewater C 1 P FUNDS REQUIRED: Construction (estimate) Contingency (10%) Consultant Fees: Consultant (RPS Espey) * Reimbursements: TOTAL **Additional Projects Prior Expenditures ESTIMATED PROJECT BUDGET BALANCE Project Budget * Construction Observation Services not included in RPS Espey's consultant fee. **Additional projects under the budget line item include: Process Improvements, Belt Filter Press Building Replacement Project 7423 Nutrient Removal (Ammonia) Project No. E09007 $12,016,500.00 TBD TBD 538, 680.00 43, 094.40 $581,774.40 $7,815,506.35 $3,619,219.25 WASTEWATER D EPA P T MENT AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: July 12, 2012 TO: Ronald L. Olson, City Manager FROM: Herb Canales herbc @cctexas.com 826 -7070 UPDATE TO CITY COUNCIL Operation Proud Partnership STAFF PRESENTER(S): Name 1. Troy Riggs 2. Herb Canales 3. David Cook 4. Tracey Cantu OUTSIDE PRESENTER(S): None Name 1. 2. 3. Title /Position Assistant City Manager Library Director Captain Code Enforcement Supervisor Title /Position Department City Manager Library Police Neighborhood Services Organization BACKGROUND : Staff will provide an overview on the City's efforts to clean up three areas: the Northside (Hillcrest, Washington - Coles), the City Hall area, and Flour Bluff. LIST OF SUPPORTING DOCUMENTS: PowerPoint NORTHS[DE NEIGHBORHOOD SURVEY CONDUCTED BY POLICE DEPARTMENT IN NOVEMBER 2011 CITIZENS EXPRESSED THE FOLLOWING CONCERNS: • DRUGS • CODE ENFORCEMENT VIOLATIONS • STRAYANIMALS • SUBSTANDARD STRUCTURES IMMEDIATE RESPONSE CITY MANAGER RON OLSON ESTABLISHED MULTI -DEPARTMENT APPROACH TO ADDRESSING COMMUNITY PROBLEMS AND ISSUES ASSISTANT CITY MANAGER TROY RIGGS ESTABLISHED TEAM OF ALL HIS DEPARTMENTS TO OVERSEE NORTHSIDE AREA ON MAY 3, 2012 TEAMS ASSESSED CITY PROPERTIES. GIS STAFF PLOTTED PROPERTIES ON MAP. TWO SMALL CITY PROPERTIES WERE "REDISCOVERED" ON MAY 18, 2012 VOLUNTEERS FROM THE MAYOR'S PRIDE COMMITTEE , YOUTH WORKERS, AND CITY STAFF PAINTED PLAYGROUND AREA IN WILLIAMS PARK. RESIDENTS GATHERED. FOOD AND REFRESHMENTS DONATED BY STRIPES DURING THE WEEK OF MAY 14, 2012 SOILD WASTE COLLECTED 43 TONS OF BRUSH AND BULKY ITEMS. THIS WAS A SPECIAL PICK-UP DURING THE WEEK OF MAY 14, 2012 ANIMAL CONTROL INCREASED PATROLS FINDINGS LEAD TO SOLUTIONS: PORTABLE SCHOOL STRUCTURE SCHEDULED FOR DEMOLITION WORK ORDERS ISSUED FOR MINOR PARK REPAIRS TRAFFIC ENGINEERING ADVISED PROPERTY OWNERS TO REMOVE TREE LIMB OBSTRUCTIONS TRAFFIC ENGINEERING REPLACED 90 SIGNS CODE ENFORCEMENT REPORTED 321 CASES INVESTIGATED FOR VIOLATIONS SINCE MAY 3. SINCE THEN 213 HAVE BEEN RESOLVED AND 108 ARE IN PROGRESS. BASKETBALL COURT IN WILLIAMS PARK WAS REPAINTED BY VOLUNTEERS 160 CRIME METRICS: CRIME DATA WILL BE COLLECTED Number of Calls for Service 140 120 100 80 143 80- 7 68 60 40 20 Week of May 7- Week of May 14- Week of May 21- Week of May 28- Week of June 4- Week of June 11- Week of June 17- Week of June 25- Week of July 2-8, 13, 2012 20, 2012 27, 2012 June 3, 2012 10, 2012 17, 2012 24, 2012 July 1, 2012 2012 CRIME METRICS: CRIME DATA WILL BE COLLECTED Number of Arrests 20 18 16 14 12 10 8 4 2 0 Week of May 7- Week of May 14- Week of May 21- Week of May 28- Week of June 4- Week of June 11- Week of June 17- Week of June 25- Week of July 2-8, 13, 2012 20, 2012 27, 2012 June 3, 2012 10, 2012 17, 2012 24, 2012 July 1, 2012 2012 -2012 2011 CRIME METRICS: CRIME DATA WILL BE COLLECTED Number of On -View Investigations Week of May 14- Week of May 21- Week of May 28- Week of June 4- Week of June 11- Week of June 17- Week of June 25- Week of July 2-8, 20, 2012 27, 2012 June 3, 2012 10, 2012 17, 2012 24, 2012 July 1, 2012 2012 2012 - 2011 CRIME METRICS: CRIME DATA WILL BE COLLECTED 2012 2011 April ' May ' June April ! May ' June 1 Homicide ' 0 2 Sexual Assault , 1 1 1 1 1 i 1 3 Robbery - Business 1 , 1 , 1 , ' , Robbery - Individual 2 1 1 1 5 4 Agg Assault 7 2 5 1 1 16 Burglary - Building 1 ' ' 1 5 ' 1 ' 2 10 5 Burglary - Habitation 1 1 2 1 7 2 1 5 1 4 21 6 Larceny - Theft 13 ; 17 ; 5 9 4 . 5 3, Auto Burglary 3 , 3 1 2 5 ; , 13 Larceny - Shoplifting 3 3. 7 UUMV 2 1 1 2 6 9 Arson 1 1 1 1 1 8 Simple Assault 18 1 9 1 1 12 9 1 1 15 ' 1 16 79, 10 Forgery and Counterfeiting; 5 ; ; ; 11 Fraud 4 9 1 4 2 2 22 12 Embezzlement 2 2 14 Vandalism/Crim. Mischief 2 ' 6 ' 3 2 ' 3 ' 7 23 15 Weapons Violations 2 11 # 1 4 16 Prostitution and Commercialized Vice : 1 1 1 1, 17 Sex Offenses 11 2 18 Drug Abuse Violations 17 : 13 : 6 2 ' 5 ' 6 49 19 Gambling? 0 20 Offenses Against the Family and Children ' 2 ' 1 1 1 2 6 21 DUI 1 1 u 22 Liquor Law Violations 2 ; ; 1 ; ; 1 4 23 Drunkenness 13 i 12 : 4 4 : 3 i 2 38 24 Disorderly Conduct 1 2 1 : 1 .. 26 All Other Offenses 9 ' 20 ' 19 17 ' 9 ' 13 87 Misc - Crim. Trespass 13 1 8 i 2 1 2 ' 1 26 28 Curfew Violations 11 1 1 29 Runaways 1 i 6 i 1 i 7 Total 1 1.16 : 125 : 70 1 65 : 52 : 67 495 SNAPSHOT OF THE NEIGBORHOOD Hillcrest & Washington Coles Owner 184 on Tenant 420 Demolished 4 2111 Refinery Owned 44 Pending Demolition 7 Year = 2011 Data Sourse HTE & Web QA OPPORTUNTIES TAKE A HOLISTIC APPROACH TO ISSUES AND PROBLEMS SUCH AS: • Code Enforcement • Crime • CivicDesign consulting study • Central Business Development Plan • Bridge replacement • City services (Parks, Health) Measures of success: Reduction in Crime • Reduction in Code Violations • Improved response in resolving code violations • Reduction in number of substandard structures • More positive attitude among residents Operation Proud Partnership Criminal Investigation Division Site Area Goals • Improve Quality of Life for citizens. • Reduce crime, fear of crime, and enhance public safety. • Create sustainable improvements to the community. Police Objectives • Narcotics - Street level drug sales. - Residential drug distribution. • Vice - Prostitution. • Patrol - High Visiblity Patrol with zero tolerance enforcement. - Foot, Bike, and Enduro Patrol. • Criminal Investigations - ATTF field operations. - Public Awareness campaign. Public Works Objectives • Code Enforcement - Focus on code violations effecting quality of life issues. - Rental Property compliance • Solid Waste - Clean up • Neighborhood Services - Community Accomplishments to Date • June 5, 2012 the City Hall area initiative began with the service of two Narcotics search warrants in the target area. • 11 arrest warrants for identified narcotics dealers in the affected area have been obtained through preliminary undercover work. • Code enforcement has had tall grass on several properties cut down to meet city code and reduce the number of locations used for criminal activity. C 'mina Investiga ion Division Code Enforcement Progress Report • On June 25th Solid Waste Services Reported Collecting 14.38 tons of trash and debris during the special collection. • 111 total Property Maintenance Violation Cases started or in progress in the Area. • 19 Properties mowed and/or cleaned -up. • 31 Properties violations resolved as "in compliance" during this project. • 80 Cases remain in progress or on maintenance inspection schedule for continued monitoring. C Investiga ion Division Code Enforcement Progress Report for Substandard Building Cases • 28 total cases in progress • 2 structures demolished by owner: 1613 Howard 1622 Mestina • 1608 Leopard - owner pulled permit for repairs. • 9 Administrative Search Warrants executed to document evidence for sub -standard building cases: 1606 Lipan 512 Mexico @ Mestina (8 structures) Caldwell - Before After Al l ear CleanupCl Before Af-te r June 5 - 26 Comparative q��{:?, `..�.\.1'. \��, ✓v1a 4 �w'l. v, '„\ � �\\^„�\�SvJ �.l �'' �� �. ! �\��"`i `\sal ��`,. � ��� ��� � � 4.!�` 2I12 201.1 R �.,Sa C� J���''ClZ� �, �3 1. llootic idle 0_Fli 9; Sexual jisrsaulI Robbery- Business O. 00% t7.dtr% I obbery= - Indus idual ? Agg - Assault 1 5 -di _rh2.16 S 6 _Burg Lary - Building 1 Burda r' - Habit - o t vu Larceny Theft 1 1 1 10 160.0,2% -90.00% Auto 13urglary 2 . s 1.a rrP nv -19.1roptifiim g i i Ii_ rlf�°'� . 7 1 L 4I S<' 0_ F't gm P 8 10 Al 5 Vol Slmipl•e visa ault Forgery= and Countc:rfctang 2 E .00 - 77. 7S `jam 6.012s 11 Fronrli 1 -166_01294 12 La bexx,lentent 0_ fd . 14 'VMud ali:sln Cr ul. h ;lief 3 .0'd ?' 15 16 Weapons Viola lions Prostltutlon and Conuucrcla cd 'Vice 1 6.00a 1 7 Spx flffen,ses Ii_ r10gs. IS L1 rug Abuse '4'.i€o1atsons I 7 U 26.6 '% 1. Gambling 0_ 20 21 Offense/1 Ua.inst. the Fa if iiI21., anti Children Dia 12 0.00d -50.00 22 T.irino-rtrt. T.n . Viinlationa 5 4 ?'5_/l+ 471, 2.3 Uruble€nness. 1 1 5 i 2_ 'O_favi'z. 24 Lit! cl l dei l Conduct [i_ t,d.` -, 26 All Other Offenses ILsc Crim. Trespass It, 2 7 3 111.29%- 11._3 -26 -33..3'3% 2R Curfew Ark) lntinn9 fi_r1+74f 2 Hun a -ay i 0_ .21A; [r'ra31d 1'z tail' s : 59 -I + 2 !4..' Activity Data :,y ..a '••u , a ., a .:- v vg 1 tl, .., .,,z., .t ,„ .. ,.. �.,. ,., ., 3 .,.,c. , ^La, t „t, J..\... ,.o,. , ,'*,.,x, ,. O �J >U t,. �. `moo h , \z\ �.a \ to t; . t 1 \ . .L .�, �" 2t,.. n, .. .. .„ r.., ,.,. �`� ' ' "i,:sks��.0 1 a\„ t, v a,� w,,. *,... , `\.'.\ U .. � x \. , U �.,.._;a-a o: �� �� o,.,h <., „ ^„ .•,.,, , t,: \, *,, w�. ,.., „ co �i."•...., .a l l. b:... � \ -„ ..,,,,w,. `•)�: , v�.w .3M `:, t ,.,.s^\, 'S .�, .v ti �'��,—�t_.�`�.. 1 Sr `S'\11t�.- .o 201 M "ll ice(A r --�1�o�.,—a5��.-.,1..�1—.:—�.—.>7=—.,ll—G�t`2 i l 1021' - Yip 7), a 11 17 1- 19 I : ? I (( I I a irrt I 1 16 1 1 11 1 19 1 18 1 11 I .,„ E11192I 4k 1 11 134 951 1 rt 4 201 M It e` i� I I '1 I (( I I a I I I .,„ 4k ? 1 rt c 15 I 11 1? armX44` 4 Sustaining Our Efforts • Building Lasting Partnerships in the Community. • Monitoring of Crime Statistics through the Compstat process. • Relentless follow up on reoccurring problems. 7643 TOTAL CODE VIOLATIONS FY 2011 2012 City : 6,780 (89W0 ..-Hour Bluff : 863 Hour Bluff City PHASE 1 OF FLOUR BLUFF FLOUR BLUFF WILL BE SEPARATED INTO THREE AREAS: • SPID, FLOUR BLUFF DRIVE. GRAHAM ROAD AND THE LAGUNA MADRE. • PHASE 1: ASSESSMENT AUGUST 9, 2012 • SPID, N.A.S DRIVE, TO THE BASE, AND SPID. • PHASE 2: TO BE ANNONCED • DON PATRICIO, WALDRON ROAD, GLENOAK DRIVE AND FLOUR BLUFF DRIVE. • PHASE 3: TO BE ANNONCED FOCUS OF FIRST AREA: • LARGE VACANT AREA WITH HOMELESS CAMPS NEAR PARKER PARK WHERE THEY ARE FED DAILY • ABUNDANT AMOUNT OF AREAS WHICH NEED MOWING • STRAY ANIMALS • VACANT PROPERTIES INCLUDING HOMES AND MOBILE HOMES • BULK PICK-UP CITY FACILITIES: • POLICE SUB STATION, 1456 WALDRON ROAD • ETHEL EVERLY COMMUNITY CENTER, 654 GRAHAM ROAD • PARKER MEMORIAL PARK AND POOL, 1456 WALDRON • WRANOSKY PARK, 422 GRAHAM MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING February 28, 2012 2:12 p.m. PRESENT Board of Directors John Marez, President Priscilla Leal, Vice President Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. David Loeb Nelda Martinez Mark Scott Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Margie Rose, Treasurer Constance P. Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall at 2:12 p.m. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Marez called for the approval of the minutes of the May 10, 2011 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed. President Marez called for the financial report. Assistant Treasurer Constance Sanchez stated that the fund balance was $791,511 for six months ended January 31, 2012. There were no questions regarding the report. Mr. Elizondo made a motion to approve, seconded by Ms. Martinez, and passed. President Marez opened discussion on Item 5, the election of officers. Secretary Chapa named the vacancies of President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. He then recommended Staff appointees as Secretary, Armando Chapa, Assistant Secretary, Mary Juarez, Treasurer, Margie Rose, Assistant Treasurer, Constance Sanchez, and General Manager, Ron Olson. Ms. Martinez made a motion to reappoint John Marez as President, seconded by Mr. Adame. Ms. Martinez made a motion to appoint Priscilla Leal as Vice President, seconded by Mr. Elizondo. After the Corporation agreeing on recommended Staff Officers, Secretary Chapa polled the Corporation for their votes of President, Vice President and Staff Officers as follows: MOTION TO APPOINT THE ELECTION OF OFFICERS AS FOLLOWS: JOHN MAREZ, PRESIDENT, PRISCILLA LEAL, VICE PRESIDENT, ARMANDO CHAPA, SECRETARY, MARY JUAREZ, ASSISTANT SECRETARY, MARGIE ROSE, TREASURER, CONSTANCE SANCHEZ, ASSISTANT TREASURER, AND RON OLSON, GENERAL MANAGER. The foregoing motion was passed and approved with the following vote: Marez, Adame, Adler, Allen, Elizondo, Leal, Martinez, and Scott voting "Aye "; and Loeb absent. Minutes — CCHFC February 28, 2012 — Page 2 President Marez opened discussion on Item 6(a) and (b), (a) Resolution authorizing the President to file an application for a calendar year 2012 reservation for qualified mortgage bond authority, and (b) Resolution concerning an election to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishing the Mortgage Credit Certificate Program, Series 2012. Oscar Martinez, Assistant City Manager, explained the background of this item and stated the first Resolution is the authorization required by the Texas Bond Review Board as part of the application process for establishment of a new Mortgage Credit Certificate (MCC) program. He then stated the second Resolution elects to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishes the Mortgage Credit Certificate Program, Series 2012. none. 6. There was no discussion on the item. Mr. Marez called for public comment. There was Secretary Chapa polled the Corporation for their votes: a. RESOLUTION AUTHORIZING THE PRESIDENT TO FILE AN APPLICATION FOR A CALENDAR YEAR 2012 RESERVATION FOR QUALIFIED MORTGAGE BOND AUTHORITY. b. RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS AND ESTABLISHING THE MORTGAGE CREDIT CERTIFICATE PROGRAM, SERIES 2012. The foregoing resolution was passed and approved with the following vote: Marez, Adame, Adler, Allen, Leal, Loeb, Martinez, Scott voting "Aye "; and Elizondo absent. President Marez opened discussion on Item 7, resolution authorizing the acquisition of the parking lot and the long -term leasehold interest in the Ward Building from the City of Corpus Christi in consideration of the release of the existing $575,000 promissory note payable to the CCHFC, the payment of approximately $200,000 from the general account of the CCHFC, and execution of a $135,000 promissory note payable to the City within 18 months. Oscar Martinez, Assistant City Manager, explained the background of this item and stated that the note will be repayable from development fees to be received by the CCHFC in connection with the Costa Tarragona II Project. He also stated a new Request for Proposals for the redevelopment of the Ward Building and parking lot will be issued this year in order to seek out potentially new developers or new uses for the property. There was no discussion on the item. Mr. Marez called for public comment. There was none. Minutes — CCHFC February 28, 2012 — Page 3 Secretary Chapa polled the Corporation for their votes: 7. RESOLUTION AUTHORIZING THE ACQUISITION OF THE PARKING LOT AND THE LONG -TERM LEASEHOLD INTEREST IN THE WARD BUILDING FROM THE CITY OF CORPUS CHRISTI IN CONSIDERATION OF THE RELEASE OF THE EXISTING $575,000 PROMISSORY NOTE PAYABLE TO THE CCHFC, THE PAYMENT OF APPROXIMATELY $200,000 FROM THE GENERAL ACCOUNT OF THE CCHFC, AND EXECUTION OF A $135,000 PROMISSORY NOTE PAYABLE TO THE CITY WITHIN 18 MONTHS. The foregoing resolution was passed and approved with the following vote: Marez, Adame, Adler, Allen, Leal, Loeb, Martinez, Scott voting "Aye "; and Elizondo absent. Mr. Marez called for public comment. There was none. There being no further business to come before the corporation, President Marez adjourned the meeting at 2:20 p.m. on February 28, 2012. Corpus Christi Housing Finance Corporation Balance Sheet May 31, 2012 Assets Assets: Current assets Cash in bank Receivables Accounts Accrued Interest Total current assets Governmental Funds $ Adjustments Schedule of Net Assets 45 45 845,275 28,530 873,850 845,275 28,530 873,850 Noncurrent assets Capital assets Land 158,841 158,841 Building & Improvements 537,295 537,295 Total noncurrent assets 696,136 696,136 Total assets 873,850 Liabilities and Fund Balance Liabilities: Advance from other funds Deferred revenues Total liabilities 135,000 873,805 $ 1,008,805 696,136 1,569,986 Fund balance: Assigned Housing (134,955) 134,955 Total fund balance (134,955) 134,955 Total liabilities and fund balance Net Assets Invested in capital assets Restricted for housing $ 873,850 135,000 873,805 1,008,805 696,136 696,136 (134,955) (134,955) Total net assets $ 561,181 $ 561,181 Corpus Christi Housing Finance Corporation Summary of Transactions For eight Months Ended May 31, 2012 Governmental Funds Revenues: Adjustments Schedule of Net Assets Charges for services 2,250 2,250 Interest on interfund loans 1,010 1,010 Interest on loans 73,200 73,200 Earnings on investments 13 13 Miscellaneous revenue 780 780 Total revenue 77,253 77,253 Expenditures: Community development 160,637 Capital projects 196,507 (196,507) Total expenditures /expenses 357,144 (196,507) Excess (deficiency) of revenues over (under) expenditures (279,891) (196,507) Other financing sources (uses) Transfers out Total other financing sources (uses) Net change in fund balance Fund balances (deficits) at beginning of year Fund balances (deficits) at beginning of year (578, 360) (578, 360) (858,251) $ 723,296 (134,955) (499, 629) (499, 629) (696,136) 160,637 160,637 (83,384) (78,731) (78,731) (162,115) 723,296 (696,136) 561,181 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: 7/5/2012 TO: Ronald L. Olson, City Manager FROM: Eddie Ortega, Director of Neighborhood Services EddieO(a�cctexas. corn 361- 826 -3234 Board of Directors Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Board of Directors Meeting of the Corpus Christi Housing Finance Corporation. BACKGROUND AND FINDINGS: Election of Officers The Bylaws of the Corpus Christi Housing Finance Corporation (CCHFC) provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Armando Chapa Mary Juarez Margie Rose Constance Sanchez Ronald L. Olson Resolution Authorizinq the General Manaqer to Desiqnate a Person to Act as his Desiqnee for Executinq Documents of the CCHFC The General Manager of the CCHFC oversees and is responsible for the overall management and administration of the CCHFC and is required to execute documents on behalf of the CCHFC. It would be beneficial to the General Manager and the CCHFC for the General Manager to delegate a person to act as his designee for purposes of executing document for the CCHFC. In similar situations, the City Manager has designated a particular individual or Assistant City Manager to execute documents involving a particular department that the individual oversees. The attached board resolution authorizes the General Manager of the CCHFC to execute a written designation designating a person to act as his designee for executing documents for the CCHFC. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The action conforms to all applicable City policies. EMERGENCY / NON - EMERGENCY: The action is non - emergency but only requires one meeting of the City Council. DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Conduct the annual meeting of the Corpus Christi Housing Finance Corporation to elect officers. Authorize the General Manager to designate a person to act as his designee for executing documents of the CCHFC LIST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting Minutes for February, 2012, Board Meeting Treasurer's Report Board Resolution Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution authorizing the General Manager to designate a person to act as his designee for executing documents of the Corpus Christi Housing Finance Corporation. WHEREAS, the General Manager of the Corpus Christi Housing Finance Corporation ( "CCHFC ") oversees and is responsible for the overall management and administration of the CCHFC and is required to execute documents on behalf of the CCHFC; and WHEREAS, the CCHFC seeks to authorize the General Manager to designate a person to act as his designee for executing documents of the CCHFC; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: The CCHFC hereby authorizes the General Manager to execute a written designation which designates a person to act as his designee for purposes of executing documents of the Corpus Christi Housing Finance Corporation. PASSED and APPROVED this day of July, 2012. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John Marez, President ATTEST: By: Armando Chapa, Secretary